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2013-039 Amending Section 3(b)(2) of chapter 3 Alcoholic Beverages of the Code of Ordinances to extend the zone prohibiting the sale of alcoholic beverages within 1000 feet of any public or private schoolORDINANCE NO. 2013 -039 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS; AMENDING SECTION 3- 3(B)(2) OF CHAPTER 3 ALCOHOLIC BEVERAGES OF THE CODE OF ORDINANCES OF THE CITY OF PARIS TO EXTEND THE ZONE PROHIBITING THE SALE OF ALCOHOLIC BEVERAGES WITHIN 1000 FEET OF ANY PUBLIC OR PRIVATE SCHOOL; 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, on May 26, 2009 the City Council of the City of Paris enacted Ordinance No. 2009 -019, amending Chapter 3, Alcoholic Beverages of the City Code of Ordinances to prohibit the sale of alcoholic beverages within 300 feet of any church, public or private school, public hospital, daycare center or child -care facility; and WHEREAS, on September 16, 2013, the Paris Independent School District Board of Trustees approved a resolution petitioning the City Council to increase the zone banning the sale of alcoholic beverages from 300 feet to 1,000 feet from any Paris Independent School District Public School building; and, WHEREAS, the City Council deems it to be in the best interest of the City of Paris and its citizens to amend Sec. 3- 3(b)(2) of Chapter 3 of the City Code of Ordinances to extend the zone prohibiting the sale of alcoholic beverages from 300 feet to 1000 feet from a public or private school. 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- 3(b)(2), Chapter 3, of the City of Paris, Texas, be and the same is hereby amended to read as follows: "Sec. 3 -3 (b) . . (2) One Thousand (1,000) feet of a public or private school if the City Council receives a request from the governing body of the public or private school. 1 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provisions of the ordinances of the City of Paris, Texas in conflict with the provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the City of Paris not in conflict with the provisions of this ordinance shall remain in full force and effect.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. That this ordinance shall become effective from and after its passage and publication as required by law. PASSED AND ADOPTED on the first and final reading this 11th day of November, 2013. ATTEST: AD ice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlya ity Attorney 2