OR 2016-1444 Alcohol at Special Events
ORDINANCE NO. 2016-1444
AN ORDINANCE OF THE CITY COPPELL, TEXAS TO AMEND THE
CODE OF ORDINANCES BY REPEALING CHAPTER 6, BUSINESS
REGULATIONS, ARTICLE 6-16, ALCOHOLIC BEVERAGES, SECTION
6-16-4, CITY FACILITIES, IN ITS ENTIRETY AND REPLACING WITH
A NEW SECTION 6-16-4, CITY FACILITIES TO PROHIBIT THE SALE,
STORAGE, POSSESSION OF ALCOHOLIC BEVERAGES IN THE CITY
PARKS, FACILITIES OR PROPERTIES; PROVIDING FOR A SPECIAL
EVENT PERMIT TO SELL, STORE, POSSESS AND CONSUME ON SAID
CITY PROPERTIES FOR REGULATIONS; PROVIDING AN
APPROPRIATE FEE FOR PERMIT ISSUANCE; AND AMENDING
CHAPTER 9, GENERAL REGULATIONS, SECTION 9-11-3 PARKS AND
RECREATION CODE, SUBSECTION (Q) TO PROVIDE FOR
PROHIBITION OF THE POSSESSION, SALE OR CONSUMPTION OF
ALCOHOLIC BEVERAGES IN CITY PARKS, EXCEPT AS PROVIDED IN
CHAPTER 6, BUSINESS REGULATIONS, ARTICLE 6-16 ALCOHOLIC
BEVERAGES, SECTION 6-16-4, CITY FACILITIES; PROVIDING A
REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF
TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS
, the City of Coppell finds it will benefit to amend the City’s Code of
Ordinances to provide for the issuance of a permit for the sale of alcohol at special
events; and
WHEREAS
, the City Manager or designee may grant a special event permit to
allow for the consumption, possession and/or sale of alcohol by a state license
vendor.
WHEREAS,
the City Manager or his designee is further authorized to adopt and
enforce such other appropriate health, safety and welfare to ensure safe use of the
premises and general welfare of the areas adjacent thereto.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF COPPELL, TEXAS:
SECTION 1
. The City of Coppell Code of Ordinances, to amend Chapter 6, Business
Regulations, Article 6-16, Alcoholic Beverages, Section 6-16-4, City facilities, by repealing
said section in its entirety and provide with a new Section 6-16-4, City facilities; to hereinafter
read as follows:
“CHAPTER 6 – BUSINESS REGULATIONS
…..
ARTICLE 6-16 – ALCOHOLIC BEVERAGES
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Sec. 6-16-4. – City facilities
A.No person, firm, corporation, or business entity of any land shall sell, store,
possess or consume an alcoholic beverage in any city, park, facility or city
owned premises, except as provided in this subsection. The term "alcoholic
beverage," as that term is used in this article, shall be defined as used in the
Texas Alcoholic Beverage Code.
B.The City Manager or designee may, notwithstanding the prohibition in
subsection A. of this section, issue a permit to a person or entity for the
consumption, possession and/or sale of alcoholic beverages for on premises
consumption, for a period not to exceed 72 consecutive hours, for city
facilities or city owned property. For such event, the city manager or
designee may grant a special event permit to allow for the consumption,
possession, and/or sale of beer and wine by a state licensed vendor or permit
holder under the Texas Alcohol Beverage Code in accordance with state
law and reasonable conditions as set forth herein.
C.No permit shall be issued until satisfactory proof has been provided for
liability insurance and compliance with the Texas Alcoholic Beverage
Code, as amended, and rules issued by the appropriate state agency. The
City Manager is further authorized to implement such other appropriate
safety and control regulations concerning location, hours of operations,
security and other appropriate conditions to protect the health, safety and
welfare of the general public and event attendees.
D.The City by resolution may establish an appropriate fee for issuance of such
permit.”
SECTION 2.
That the City of Coppell Code of Ordinances is hereby amended by
amending Chapter 9, Article 9-11, Section 9-11-3 General Regulations, Subsection (Q) by
repealing the same and replacing with a new subsections (Q) to read as follows:
“CHAPTER 9 – GENERAL REGULATIONS
…..
ARTICLE 9-11 - PARKS AND RECREATION CODE
…..
Sec. 9-11-3 – General Regulations
….
Q.
No person, firm corporation or business entity of any kind shall sell,
store, possess or consume an alcoholic beverage in any City park except as
permitted in Article 6, Section 6-16-4 of the Code of Ordinances.”
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SECTION 3. That all provisions of the ordinances of the City of Coppell in conflict
with the provisions of this ordinance be, and the same are hereby, repealed, and all other
provisions of the ordinances of the City of Coppell not in conflict with the provisions of this
ordinance shall remain in full force and effect.
SECTION 4. That should any sentence, paragraph, subdivision, clause, phrase or section
of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not
affect the validity of this ordinance as a whole, or any part or provision thereof other than the
part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the
Code of Ordinances as a whole.
SECTION 5. That any person, firm or corporation violating any of the provisions or
terms of this ordinance shall be subject to the same penalty as provided for in the Code of
Ordinances of the City of Coppell, as heretofore amended, and upon conviction shall be punished
by a fine not to exceed the sum of two hundred dollars ($200.00) for each offense.
SECTION 6. This Ordinance shall take effect immediately from and after its passage
and the publication of the caption, as the law and charter in such cases provide.
D LY PASSED by the City Council of the City of Coppell, Texas, on the c193' -
day of -ks-E- , 2016.
I OF OP 'EI, T i • S
• ' N LBO HU T, MAYOR rCHR
E T:
/ /ISTEL PE NOS, CITY CRETARY
APPR 1 ) _ I;ORM:
/ ,rte,
ROBERT E. AG P1' , CITY ATTORNEY
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