HomeMy WebLinkAboutOrdinance - 2019-O0036 - Consumption Of Alcohol In Parks - 03/26/2019 First Reading Second Reading
March 12, 2019 March 26, 2019
Item No. 7.8 Item No. 8.2
ORDINANCE NO. 201c)-00036
AN ORDINANCE AMENDING CHAPTER 16 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS IN REGARD TO THE
POSSESSION, SALE, OR CONSUMPTION OF ALCOHOL IN SELECTED PUBLIC
PARKS OR PUBLIC PARK FACILITIES; PROVIDING A PENALTY CLAUSE;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
WIEREAS,the City Council of the City of Lubbock,Texas finds and determines that it is
in the best interest of the health, safety, and welfare of the citizens of the City of Lubbock
to make the following amendment to Chapter 16 of the Code of Ordinances of the City of
Lubbock; NOW THEREFORE:,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT Sections 16.01.005(b), 16.01.005(c) and 16.01.005(d) of the
Code of Ordinances of the City of Lubbock, Texas are hereby amended to read as follows:
See. 16.01.005 Alcoholic beverages; littering
(b) Alcoholic beverages prohibited, exceptions. It shall be unlawful for any person to
consume any alcoholic beverage in any public park or for any person to possess any
alcoholic beverage in any public park within the corporate limits of the city unless
otherwise specified by this section.
(1)The sale and consumption of alcoholic beverages within the Meadowbrook Golf
Course at Mackenzie Park, at the Bayer Museum of Agriculture, and at the
American Wind Power Center and Museum may be allowed in accordance with the
laws of the State of Texas, as administered by the Texas Alcoholic Beverage
Commission.
(2) The sale and/or consumption of alcohol may be allowed at the following
selected park facilities by obtaining an Alcoholic Beverage Permit:
(A) The Moonlight Musicals Amphitheatre;
(B) The Buddy and Maria Elena Holly Plaza;
(C) The Buddy Holly Recreational Area, as depicted in Figure I
appended to Ordinance 2011-00129;
(D) Berl IIuffman Sports Complex;
(E) Dunbar Historical Lake;
(F) Leftwich Park;
(G) Llano Estacado Lake;
(H) Mae Simmons Park;
(I) Mackenzie Park;
(J) Maxey Park; and
(K) McAlister Park.
(c) Alcoholic beverages permitting procedures. The city manager, or his or her designee,
shall develop guidelines and procedures to insure the following:
(1) That the sale and/or consumption of alcoholic beverages shall comply
with any and all license agreements entered into by the city;
(2) That the sale and/or consumption of alcoholic beverages shall comply
with all federal, state, and local regulations, including those set forth in the
Texas Alcoholic Beverages Code;
(3) That the sale and/or consumption of alcoholic beverages is conducted by
Alcoholic Beverage Permit obtained from the city manager, or his or her
designee. The Alcoholic Beverage Permit shall include, but is not limited to the
following information:
(A) The date, time, and location of the event;
(B) The type of event;
(C) 'Tlie estimated attendance;
(D) The access to the event;
(E) The designation of a licensed and approved concessionaire or
caterer; and
(F) The site management and security.
(4) The Alcoholic Beverage Permit shall only be issued for an event that is
sponsored by one or more of the following:
(A) Visit Lubbock;
(B) Civic Lubbock, Inc.;
(C) The City of Lubbock; or
(D) Market Lubbock.
(5) The Alcoholic Beverage Permit shall not be issued for an event that is
scheduled at the same time and at the same location as a youth event or activity.
For the purpose of this section, a youth event or activity is any event or activity
at which the majority of participants or audience is under the age of eighteen
(18).
(d) Permit Fee. All associated fees for obtaining an Alcoholic Beverage Permit shall be
set by the current fiscal budget of the city. If no fee is established by budget ordinance, a
minimum fee of two hundred dollars ($200.00) for the administrative costs of processing
the Alcoholic Beverage Permit shall be required.
SECTION 2. THAT,unless otherwise provided herein,a violation of any provision
of this Ordinance shall be deemed a misdemeanor punishable as provided by Section
1.01.004 of the Code of Ordinances of the City of Lubbock.
SECTION 3. THAT should any paragraph, section, sentence, phrase, clause or
word of this Ordinance be declared unconstitutional or invalid for any reason, the
remainder of this Ordinance shall not be affected thereby.
SECTION 4. THAT the City Secretary of the City of Lubbock is hereby authorized
and directed to cause publication of the descriptive caption of this Ordinance as an
alternative method provided by law.
SECTION 5. THAT this Ordinance shall become effective, except as may
otherwise be provided herein, from and after its publication as provided by law.
AND IT IS SO ORDERED.
Passed by the City Council on first reading this 12th day of March , 2019.
Passed by the City Council on second reading this 26t)z day of Marc,}, , 2019.
DANIEL M. POPE, MAYOR
ATTEST:
Rebe .ca Garza, City Seer tar}
APPROVED AS TO CONTENT:
Al
Brooke Witcher, Assistant City Manager
APPROVED AS TO FORM:
Rya Book , Assistant City Attorney
Rya/ZBook ,
Ord.Parks-Alcohol Amend-Chapter 16
3.25.19