Ordinance 2013-45ORDINANCE NO. 2013 -45
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, REPEALING
ORDINANCE NO. 71 -8 AND ORDINANCE NO. 85 -49; AMENDING
ORDINANCE NO. 92 -1 AND SECTION 10 -22 (EXCEPTIONS) OF
ARTICLE II (POSSESSION AND CONSUMPTION IN PUBLIC PLACES)
OF CHAPTER 10 (ALCOHOLIC BEVERAGES) OF PART II OF THE
CITY OF WYLIE CODE OF ORDINANCES; PROVIDING FOR A
PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVID
FOR SAVINGS AND SEVERABILITY CLAUS S; PROVIDING FO N
EFFECTIVE DATE OF THIS ORDINANCE; x�ND ROVIDI
THE PUBLICATION OF THE CAPTION HERE ,¢
WHEREAS, the City of Wylie, Texas ( "City ") urr ntly p r bi ell session or
consumption of any alcoholic beverage in any publi la withi ,th e limits of the
City; and'
WHEREAS the City esires to allo* fc the sale ns n remises possession
y �, premises), p
and /or consumption of beer, wi t a ecial eve s or y the City on City -owned
property and as aut lzed by the Cit n ' s ole iscret
WH AS, the City Coun i of the (" it uncil") has investigated into and
determine that it is i the best in rests of the Ci amend Ordinance No. 92 -1 and Section
10 -22 (Exceptions) of A icle II Possessi H- p`' umption in Public Places) of Chapter 10
(Alcoholic Beverages) o P II of C de of Ordinances to allow for the sale
(consumption on premises , posse on and /or onsumption of beer and/or wine at special events
sponsored by the City; and trt
,
WHEREAS, the Ciy url has further investigated and determined that it is in the
best interest of the Ci tope dinance No. 71 -8 and Ordinance No. 85 -49 as they are no
longer necessary to tute the prohibition of the possession and /or consumption of alcoholic
beverages in th
NOW, T RE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WYLIE,
ION 1: Findings Incorporated. The findings set forth above are incorporated
into MEW of this Ordinance as if fully set forth herein.
SECTION 2: Repeal of Wylie Ordinance Nos. 71 -8 and 85 -49. Wylie Ordinance Nos.
71 -8 and 85 -49 are repealed in their entirety and replaced by this Ordinance. The effective date
of the repeal discussed in this Section shall not occur until the effective date of this Ordinance, at
which time Ordinance Nos. 71 -8 and 85 -49 shall be repealed. Such repeal shall not abate any
pending prosecution and /or lawsuit or prevent any prosecution and /or lawsuit from being
Ordinance No. 2013 -45 — Alcoholic Beverage Consumption
Repealing Ordinance No 71 -8 & Ordinance No. 85 -49
Amending Ordinance No. 92 -1 Page 1 of 3
commenced for any violation of Ordinance Nos. 71 -8 and 85 -49 occurring before the effective
date of this Ordinance.
SECTION 2: Amendment to Ordinance No. 92 -1 and Section 10 -22 (Exceptions) of
Article II (Possession and Consumption in Public Places) of Chapter 10 (Alcoholic
Beverages) of Part II of the City Code of Ordinances. Section 10 -22 (Exceptions) of Article II
(Possession and Consumption in Public Places) of Chapter 10 (Alcoholic Beverages) of Part II of
the City Code of Ordinances is hereby amended to read as follows:
"Sec. 10 -22. Exceptions. This article shall not apply to:
(a) persons in their private residences as guests of other person Nho r
p ersons' private residences or to persons within privately o d mises;
or
(b) the sale (for consumption on premises), possession an . r mption of
beer and /or wine, as those terms are defined by th Alcoholic
Beverage Code, as amended, at a special ove by the City
Council and sponsored by the City o C - property and as
authorized by the City Council at its sole d etio e City enters into a
special event agreement, on a form pres i by the City, with a third
party specifying and regulating th use of 1wer d /or wine, provided that:
i. the third party obtains it and Texas Alcoholic Beverage
Commission license and r its required by local or state law
to carry on such autljtKed acti ity;
ii. the third party, in it fully indemnifies and holds the City
harmless fo ctivities, occurrences or omissions arising out of
or related sale r consumption on premises), possession and /or
consu ti b and /or wine; and
iii. the WCGI cutes an agreement with the City, which includes
A\LI y as an additional insured on any required insurance
SECT in s/Re ealin Clause. All provisions of any ordinance in conflict
with this O anc jejr e hereby repealed, but such repeal shall not abate any pending prosecution
for violati e aled ordinance, nor shall the repeal prevent a prosecution from being
comr violation if occurring prior to the repeal of the ordinance. Any remaining
no e s o l dinance shall remain in full force and effect.
' TION 4: Severability. Should any section, subsection, sentence, clause or phrase
of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it
is expressly provided that any and all remaining portions of this Ordinance shall remain in full
force and effect. Wylie hereby declares that it would have passed this Ordinance, and each
section, subsection, clause or phrase thereof irrespective of the fact that any one or more
sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid.
Ordinance No. 2013 -45 — Alcoholic Beverage Consumption
Repealing Ordinance No 71 -8 & Ordinance No. 85 -49
Amending Ordinance No. 92 -1 Page 2 of 3
SECTION 5: Penalty Provision. Any person, firm, corporation or entity violating this
Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a
sum not exceeding Five Hundred and 00 /100 Dollars ($500.00). Each continuing day's violation
under this Ordinance shall constitute a separate offense. Wylie retains all legal rights and
remedies available to it pursuant to local, state and federal law.
SECTION 6: Effective Date. This Ordinance shall become effective immediately
upon its passage and publication as required by law.
PASSED AND APPROVED on the 12th day of November, 2013.
ATTEST:
n
4_�
Eric Hogue,
Ordinance No. 2013 -45 — Alcoholic Beverage Consumption
Repealing Ordinance No 71 -8 & Ordinance No. 85 -49
Amending Ordinance No. 92 -1
�.
-N';'
I t
61 �
*'NrACFFEQQRArr�ILW4Y
S 0 1 OF TSO
�TAT�+ OF TE7N
Wylie Enterprise
Page 3 of 3