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2012-013 ORD AMENDING SECTION 3-5 CHAPTER 3 ALCOHOLIC BEVERAGE OF CODE OF ORDINANCES TO ALLOW FOR WINE TASTING, SAMPLING AND SALES AT MARKET SQUARE FARMERS MARKETORDINANCE N0. 2012-013 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, 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 Saturdays 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 Sec. 3-5 of Chapter 3 of the City Code of Ordinances 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: Section 1. The findings set out in the preamble to this ordinance are hereby in all things approved. Section Z. 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/or 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 partial invalidity of any section, clause, or provisions of this ordinance shall not affect the 2 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 7 ayes and 0 nays, the City Council voted to suspend the rule requiring two readings before adoption of this ordinance. Section 8. 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 ano final rqaqing this 23rd day of April, 2012. A.J. H ATTEST: . a ice Ellis, City Clerk APPROVED AS TO FORM: W. Kent , City Attorney