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HomeMy WebLinkAboutORD 1960 Permitting for the sale of alcoholic beverages in public placesCITY OF WEST UNIVERSITY PIACE Hams County, Texas ORDINANCE NUMBER 1960 AN ORDINANCE OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS AMENDING CHAPTER 10, ALCOHOLIC BEVERAGES, OF THE WEST UNIVERSITY PLACE, TEXAS CODE OF ORDINANCES, BY AMENDING SECTION 10 -10, ENTITLED "CONSUMPTION IN PUBLIC PLACES," AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO GRANT SPECIAL PERMITS FOR THE SALE AND /OR CONSUMPTION OF ALCOHOLIC BEVERAGES IN PUBLIC PLACES NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS THAT: Seddon 1. Chapter 10 of the Code of Ordinances of the City of West University Place, Texas is amended by the repeal of the existing Section 10 -10 and the adoption of a new Section 10-10W read as set out in Appendix A, attached hereto. All other portions of Chapter 10 of the Code of Ordinances not specifically amended hereby remain in full force and effect. Section 2. All ordinances and parts of ordinances in conflict with this Ordinance are repealed to the extent of the conflict only. Section 3. If any word, phrase, clause, sentence, paragraph, section or other part of this Ordinance or the application thereof to any person or circumstance, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, neither the remainder of this Ordinance, nor the application of such word, phrase, clause, sentence, paragraph, section or other part of this Ordinance to any other persons or circumstances, shall be affected thereby. Section 0. The City Council officially finds, determines and declares that a sufficient written notice of the date, hour, place and subject of each meeting at which this Ordinance was discussed, considered or acted upon was given in the manner required by the Texas Open Meetings Act, as amended, and that each such meeting has been open to Me public as required by law at all times during such discussion, consideration and action. The City Council ratifies, approves and confirms such notices and the contents and posting thereof. Section 5. This Ordinance takes effect immediately upon its passage and adoption on second reading. PASSED, APPROVED AND ADOPTED ON FIRST READING on the 2V day of April ,2012. PASSED, APPROVED AND ADOPTED ON SECOND READING, AND SIGNED, on the le day of May , 2012. y Sea //efary (Seal) d' Mayo City Mand Approved as to legal form) P/ City Aflonney Appendix A (Amended Section 10 -10, Code of Ordinances) Section 10 -10. Consumption In public places. Except as otherwise provided in this Section, the sale, consumption, or distribution of alcoholic beverages in any public place shall be unlawful. For the purpose of this Section, a 'public place' is any public street or alley of the city, or any real property either owned or leased by the city. Notwithstanding anything herein to the contrary, the City Manager or his designee is hereby authorized, consistent with the provisions of this Section, to issue special permits to allow the sale, consumption, and distribution of alcoholic beverages within public places for private parties, City sponsored events and City related fund raisers. Prior to issuing a special permit authorizing the sale, consumption, or distribution of alcoholic beverages in a public place, the City Manager or his designee shall require Me person seeking such special permit, to complete an application, Me form of which shall be determined by the City manager or his designee, and to comply with the rules of the City relating to such special permit. The application form and rules of the City adopted by Me City Manager or his designee, shall at a minimum, require the person seeking the special permit to (1) abide by the laws of the State of Texas regarding the sale, consumption, or distribution of alcoholic beverages, including without limitation, those laws prohibiting the consumption of alcoholic beverages by persons under 21 years of age; (2) provide that certhed law enforcement officers be on duty during the special event; and (3) agree to indemnify the City from any and all liability associated with Me sale, consumption, or distribution of alcoholic beverages in the public place during the duration of the special permit.