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12-Special Events of the Code of Ordinances CITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Presented By: Agenda Item No.: 04/08/11 Planning & Zoning Shawn Napier, P.E., Director of Council Date: Commission Engineering, Planning and 12. 05/09/11 Development RECOMMENDED MOTION: Deliberate and act on an Ordinance of the City Council of the City of Paris, Texas, amending Section 3- 5, Chapter 3 Alcoholic Beverages of the Code of Ordinances of the City of Paris to allow for the sale and consumption of alcoholic beverages at the Love Civic Center and the Red River Valley Fairgounds. POLICY ISSUE(S): BACKGROUND: The City of Paris has been approached by several different groups seeking permission to sell alcoholic beverages at their special events located on City property. Existing City ordinances do not allow for the sale or consumption of alcoholic beverages on public property. These proposed amendments to the City Code of Ordinances would allow for the sale and consumption of alcoholic beverages at the Love Civic Center and the Red River Valley Fairgrounds. An ordinance was read, heard and deliberated upon at the Council meetings of April 11, 2011 and April 25, 2011. At the meeting of April 25, 2011 it was a consensus of the Council to allow for the sale and consumption of alcoholic beverages at the Love Civic Center and the Red River Valley Fairgrounds. BOARD /COMMISSION RECOMMENDATION: EXHIBITS: Ordinance ACTION: BUDGET INFO: ❑ Financial Report ❑ Minute Order Expense $ ❑ Department Report ❑ Resolution Budgeted Amt. $ ❑ Presentation ® Ordinance YTD Actual $ ❑ Public Hearing ❑ Other Acct. Name Acct. Number FISCAL NOTES: REVIEWED AND APPROVED BY: ® Administration ® City Clerk ® Community Development ❑ EMS/IT ❑ Finance ❑ Fire ❑ Municipal Court ® Legal ❑ Library ❑ Police ® Eng./Public Works ❑ Utilities City of Paris Revised 2/04/08 - 43 DRAFT ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS; AMENDING SECTION 3-5, CHAPTER 3 ALCOHOLIC BEVERAGES OF THE CODE OF ORDINANCES OF THE CITY OF PARIS TO ALLOW THE SALE AND CONSUMPTION OF ALCOHOLIC BEVERAGES AT THE LOVE CIVIC CENTER AND THE RED RIVER VALLEY FAIRGROUNDS WITH APPROPRIATE TABC PERMIT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, certain local businesses and organizations have expressed interest in amending the City's Alcoholic Beverages Ordinance to allow for the sale and consumption of alcoholic beverages at certain events held at the Love Civic Center or the Red River Valley Fairgrounds with appropriate TABC permit; and, WHEREAS, the sponsors believe that the City will have more success at drawing larger events to Paris if sponsors are allowed to sell alcoholic beverages to adults at these venues with appropriate TABC license; and WHEREAS, the City Council deems it to be in the best interest of the City of Paris and its citizens to amend the Alcoholic Beverages Ordinance to alow the sale and consumption of alcoholic beverages at certain events held at the Love Civic Center and the Red River Valley Fairgrounds with appropriate TABC permit. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, THAT: Section 1. The findings set out in the preamble to this ordinance are hereby in all things approved. Section 2. That Section 3-5, Chapter 3, of the Code of Ordinances of the City of Paris, Texas, be and the same is hereby amended to read as follows: "CHAPTER 3 ALCOHOLIC BEVERAGES "Sec. 3-5. Extended Hours; Sale or consumption on public property; closing hours. (a) As permitted in section 105.06 of the Texas Alcoholic Beverage Code, extended hours are hereby established within the corporate limits of the city. 1 44 (b) It shall be unlawful for any person to consume or possess with intent to consume an alcoholic beverage in a public place within the corporate limits of the city on Sunday between the hours of 2:15 a.m. and 12:00 noon and on any other day between 2:15 a.m. and 7:00 a.m. Any person violating the provisions of this paragraph shall be subject to prosecution and penalty in accordance with the provisions of the Texas Alcohol Beverage Code. (c) The sale or consumption of any alcoholic beverage on any public street, sidewalk, alley, public right-of-way, public park, sports complex, recreation center, or other public property within the corporate city limits of the City of Paris is prohibited. Provided, however, this section shall not apply to the sale or consumption of alcoholic beverages at the Love Civic Center or the Red River Valley Fairgrounds with appropriate TABC permit or on privately owned residential parking areas or on privately owned parking lots where a fee is charged for the privilege of parking or storing a motor vehicle. The throwing of any opened container of the type generally used for alcoholic beverages from or out of any vehicle shall be prima facie evidence that the occupants thereof were then and there drinking alcoholic beverages in violation of this section. Section 3. That all provisions of the ordinances of the City of Paris, Texas in conflict with the provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the City of Paris not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 4. That the repeal of any ordinance or part of ordinances affected by the enactment of this ordinance shall not be construed as abandoning any action now pending under or by virtue of such ordinance or as discontinuing, abating, modifying, or altering any penalty accruing or to accrue, or as affecting any rights of the municipality under any section or provisions of any ordinance at the time of passage of this ordinance. Section 5. That it is the intention of the City Council of the City of Paris that this ordinance, and every provision hereof, shall be considered severable, and the invalidity or partial invalidity of any section, clause, or provisions of this ordinance shall not affect the validity of any other portion of this ordinance. Section 6. That any person violating any provision of this ordinance shall be guilty of a Misdemeanor, and upon conviction, shall be subject to a fine in accordance with provisions of Sec. 1-6 of Chapter One of the City of Paris Code of Ordinances, and each and every day's continuance of any violation of the above-enumerated sections shall constitute and be deemed a separate offense. Section 7. Introduced and read on first reading on April 11, 2011, at a regular meeting of the City Council of the City of Paris and read and discussed on second reading on April 25, 2011, at a regular meeting of the City Council of the City of Paris; the same being two (2) separate regular meetings of the City Council of the City of Paris. 2 4 F Section 8. That this ordinance shall become effective from and after its passage on and publication as required by law. PASSED AND ADOPTED on second and final reading this 9th day of May, 2011. Will Biard, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney 3