HomeMy WebLinkAboutOrdinance No. 07-1711
CITY OF THE COLONY, TEXAS
ORDINANCE NO. 07- '7 II
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS,
AMENDING OF THE CODE OF ORDINANCES, CHAPTER 14, PARKS
AND RECREATION, BY AMENDING SECTION 14-1, DEFINITIONS, BY
CHANGING THE REFERENCE FROM ATHLETIC FIELD TO
ATHLETIC COMPLEX; BY AMENDING SECTION 14-6, UNLAWFUL
ACTS, NUMBER (19) TO PROVIDE AN EXCEPTION; BY ADDING
SECTION 14-11, ALCOHOLIC BEVERAGE PERMIT - ATHLETIC
COMPLEX, TO PROVIDE FOR OBTAINING PERMITS FOR
ALCOHOLIC BEVERAGES IN ATHLETIC COMPLEXES; PROVIDING
A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE;
PROVIDING A PENALTY OF A FINE NOT TO EXCEED FIVE
HUNDRED DOLLARS ($500.00) FOR EACH AND EVERY OFFENSE;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Chapter 14 of the Code of Ordinances, entitled Parks and Recreation,
currently provides regulations and standards for the athletic fields within the City; and
WHEREAS, the City desires to change all references in Chapter 14 from the current
"athletic fields" to "athletic complexes"; and
WHEREAS, the City further desires to regulate the possession, sale and consumption of
alcoholic beverages on property owned and controlled by the City and specifically at athletic
complexes; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
amend Chapter 14 by replacing references to "athletic fields" with "athletic complexes" and to
provide permit requirements for the possession, sale, and consumption of alcoholic beverages
within such athletic complexes.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS:
SECTION 1. That the Code of Ordinances of the City of The Colony, Texas be, and the
same is, hereby amended by amending Chapter 14, Section 14-1, Definitions, by changing
athletic field to athletic complex, which shall read as follows:
"Chapter 14
PARKS AND RECREATION
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Sec. 14-1. Definitions.
Alcoholic Beverage.
Athletic complex. Any field and structure located thereon in the city which is
designated as an athletic complex by the community services director, which
complex shall include any fields, stands, bleachers, dugouts, sideline areas,
shelters, concession stands or other enclosures, or any area which may actually
have athletic play conducted thereon, such athletic play including but not limited
to football, soccer, baseball, and softball.
Community services director or director. . . . . .
"
SECTION 2. That the Code of Ordinances of the City of The Colony, Texas be, and the
same is, hereby amended by amending Chapter 14, Section 14-6, Unlawful Acts, by amending
number (19) to provide an exception, which shall read as follows:
"Chapter 14
PARKS AND RECREATION
Sec. 14-6. Unlawful acts.
(19) For any person to sell, possess or consume any alcoholic beverage in any
athletic complex in the city, except as provided in this Code.
"
SECTION 3. That the Code of Ordinances of the City of The Colony, Texas be, and the
same is, hereby amended by amending Chapter 14, Parks and Recreation, by adding a new
Section 14-11, Alcoholic Beverage Permit - Athletic Complex, which shall read as follows:
"Chapter 14
PARKS AND RECREATION
Sec. 14-11. Alcoholic Beverage Regulations; Beer and Wine Permit - Athletic
Complex.
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(a) Any person or entity shall not store, possess, purchase, sell or serve any
alcoholic beverage to anyone for consumption in any athletic complex; except any
such person or entity may obtain a Special Event Permit as provided in Chapter 4
of this Code, obtain a permit from the City Manager or designee and obtain a
temporary license from the Texas Alcoholic Beverage Commission in compliance
with State law to possess, purchase, sell or serve beer and wine for consumption
in such complex.
(b) The City Manager shall impose such conditions and regulations for such
temporary use permit which complies with temporary license issued by the Texas
Alcoholic Beverage Commission and to ensure the protection of the health, safety
and welfare of the community and occupants of the athletic complex. The City
Council may establish a fee for such permit by resolution.
(c) The provisions of Section 10-2205 of the Code of Ordinances regarding
distance requirements shall not apply to a special event under this section."
SECTION 4. If any section, article paragraph, sentence, clause, phrase or word in this
ordinance, or application thereto any persons or circumstances is held invalid or unconstitutional by
a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions
of this ordinance; and the City Council hereby declares it would have passed such remaining
portions of this Ordinance despite such invalidity, which remaining portions shall remain in full
force and effect.
SECTION 5: That all provisions of the Ordinances of the City of The Colony, Texas, in
conflict with the provisions of this ordinance be, and the same are hereby amended, repealed, and all
other provisions of the Ordinances of the City not in conflict with the provisions of this ordinance
shall remain in full force and effect.
SECTION 6. Any person, firm, or corporation violating any of the provisions of this
ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court
of the City of The Colony, Texas, shall be punished by a fine not to exceed the sum of Five
Hundred Dollars ($500.00) for each offense. Every day a violation occurs shall constitute a
separate offense.
SECTION 7. This Ordinance shall become effective from and after its date of passage in
accordance with law.
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PASSED AND AP~OVED BY~I!~ CIT: ~9UNCIL OF THE CITY OF THE
COLONY, TEXAS THIS 1 day of --l--.l-l~ 2007.
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Christie Wilson, City Secretary
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