13-DELIBERATE/POSSIBLY ACT ON ORD CH 3 SECTION 3-5(C) ALLOWING SALE OF TEXAS WINE AT MARKET SQUARE, FARMERS MARKET DURING MARKET SEASONCITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submittal Date:
04/17/2012
Originating Department:
Presented By:
Cheri Bedford,
Agenda Item No.:
Council Date:
04/23/2012
Main Street
Main Street Director
13.
RECOMMENDED MOTION:
First reading, deliberate and possibly act on an Ordinance amending Chapter 3 Section 3-5 of the Code
of Ordinances to allow Texas Wineries with appropriate TABC permit to sell their Texas wines and
offer wine tastings on Saturdays during the Market Season at the Market Square, Farmers Market, 401
S. W. 1 S' Street, Paris, Texas.
POLICY ISSUE(S):
ECONOMIC DEVELOPMENT
BACKGROUND:
In an effort to develop interest, variety of selection, and new vendors at the 32 covered stalls, the Market
Square, Farmers Market - The Main Street Director and Farmer's Market Coordinator is requesting the
City Council to amend Section 3-5 of Chapter 3 of the City Code of Ordinances to allow Texas Wineries
with appropriate TABC permit to sell their Texas wines and offer wine tastings on Saturdays during the
Market Season at the Market Square, Farmers Market, 401 S. W. 1 St Street, Paris, Texas.
Texas Wine/Wineries are considered by the Texas Department of Agriculture to be an agricultural
product, and there are many wineries in NE Texas. Go Texan is an organization promoting grape
growing and wineries across the State, and Farmers Markets across the state are allowing wineries to sell
at their markets.
Wineries must obtain a special permit from the Texas Alcohol Beverage Commission, which allows
them to sell four times a month at farmers markets or festivals. At this time, Market Square vendors are
committed to selling on Saturday mornings from 8:00 a.m. until 1:00 p.m.
Wineries may be requested to give a sample to patrons but prior to doing so, must first be provided with
proper identification. The samples are (1 /2 oz) .5 oz in size and have to be contained to the booth spaces
at the market only. Samples are essential to the sale of the wines.
BOARD/COMMISSION RECOMMENDATION:
EXHIBITS:
Ordinance
ACTION:
BUDGET INFO:
❑ Financial Report ❑ Minute Order
Expense
$
❑ Department Report ❑ Resolution
❑ P
Budgeted Amt.
$
resentation Z Ordinance
❑ P
bli
H
i
❑ O
h
yTD Actual
$
u
c
ear
ng
t
er
Acct. Name
Acct. Number
FISCAL NOTES:
City of Paris Revised 2/04/08
11~
DRAFT
ORDINANCE N0.
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 WINE
TASTING, SAMPLING AND SALES AT THE MARKET SQUARE FARMERS
MARKET, 401 S.W. 1ST STREET SE, PARIS, TEXAS WITH APPROPRIATE
TABC PERMITS; 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, In an effort to develop interest, variety of selection, and new vendors at
the 32 covered stalls, the Market Square Farmer's Market, Cheri Bedford, Market
Manager/Main Street Coordinator is requesting that the Paris City Council allow Texas
Winery Festival Permit Holders to offer samples and tasting of their Texas Wines and to offer
their wine for package sale on Saturday during the Market Season at the market Square
Farmers Market, Paris, Texas with appropriate TABC Permit; and,
WHEREAS, Texas Wine/Wineries are considered by the Texas Department of
Agriculture to be an agricultural product, and there are many wineries in Northeast Texas.
Go Texan is promoting grape growing and wineries across the State, and Farmers Markets
across the state are allowing permitted wineries to offer sample tastings of their Texas Wines
and to sell at their markets; and,
WHEREAS, Wineries must obtain a special permit from the Texas Alcohol Beverage
Commission, which allows them to sell four times a month at markets or festivals. At this
time, Market Square vendors are committed to selling on Saturday mornings from 8:00 a.m.
until 1:00 p.m.; and,
WHEREAS, Wineries may be requested to give a sample to patrons but prior to doing
so, must first be provided with proper identification. The samples are typically (1/2 oz.) .5
oz. in size and have to be contained to the booth spaces at the market only. Samples are
essential to the sale of the wines.
WHEREAS, the City Council deems it to be in the best interest of the City of Paris and
its citizens to amend the referenced City Ordinance to permit Texas Wineries to offer their
Wines for sale and sampling at the Market Square Farmers Market with appropriate TABC
permit.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PARIS, TEXAS, THAT:
1 ~5
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 City of Paris, Texas, be and the same
is hereby amended to read as follows:
"CHAPTER 3 ALCOHOLIC BEVERAGES
"Sec. 3-5. Extended Hours; Consumption in public areas and in private clubs; 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.
(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 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 unlawful and 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 to
wine tasting and wine sales at the Market Square Farmers Market, Paris, Texas by the holder
of a Winery Permit and Winery Festival Permit issued by TABC. 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
2
\l6
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. That by a supermajority vote of _ ayes and _ nays, the City Council
voted to suspend the rule requiring two readings before adoption of this ordinance.
Section B. That this ordinance shall become effective from and after its passage of the
first reading and publication as required by law.
PASSED AND ADOPTED on the first and final reading this 23rd day of April, 2012.
A.J. Hashmi, M.D., Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
3
w4 " i\