Ordinance 2021-25ORDINANCE NO. 2021-25
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS, AMENDING WYLIE'S CODE OF ORDINANCES,
ORDINANCE NO. 2021-17, AS AMENDED, CHAPTER 10
(ALCOHOLIC BEVERAGES), ARTICLE II (POSSESSION AND
CONSUMPTION IN PUBLIC PLACES); MODIFYING REGULATIONS
ON THE POSSESSION AND CONSUMPTION OF ALCOHOLIC
BEVERAGES IN PUBLIC PLACES; PROVIDING A REPEALING
CLAUSE, A SEVERABILITY CLAUSE, A PENALTY CLAUSE AND AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Wylie, Texas ("City Council") finds that it is
in the best interest of the citizens of City of Wylie, Texas ("City") to amend Chapter 10
(Alcoholic Beverages), Article II (Possession and Consumption in Public Places) of the City's
Code of Ordinances, Ordinance No. 2021-17, as amended ("Code of Ordinances"), as set forth
below.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS:
SECTION 1: Findings Incorporated. The findings set forth above are incorporated into
the body of this Ordinance as if fully set forth herein.
SECTION 2: Amendment to Chapter 10 (Alcoholic Beverages), Article II (Possession
and Consumption in Public Places) of the Code of Ordinances. Chapter 10 (Alcoholic
Beverages), Article II (Possession and Consumption in Public Places) of the Code of Ordinances
is hereby amended to read as follows:
"CHAPTER 10 - ALCOHOLIC BEVERAGES
ARTICLE II — POSSESSION AND CONSUMPTION IN PUBLIC PLACES
Sec. 10-21. Possession and Consumption in Certain
Public Places Prohibited
It shall be unlawf l f r - ., to .. alcoholic
beverage, as defined in Texas Alcoholic Beverage Codc § 1.01, in any public
kg.) A person commits an offense if he possesses or consumes an alcoholic
beverage on the premises of a park, recreational area or other public open
space or facility or structure owned, leased or operated by the City. A
l Deletions are evidenced by strikcthrough; additions are underlined.
Ordinance No. 2021-25 Amending Code of Ordinances, Chapter 10 (Alcoholic Beverages) Page 1 of 3
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violation of this section is punishable by a fine not to exceed five hundred
dollars ($500.00) and shall be considered trespassing as defined by state
law.
It is a defense to prosecution or enforcement of a violation of Subsection
(a) that:
(1) The container of alcoholic beverage possessed by the person had
an unbroken seal or other evidence of having never been opened,
or
(2) The person was on the premises of a park, recreational area or
other public open space or facility or structure for which:
a. A valid license or permit to sell or serve alcoholic
beverages was issued by the Texas Alcoholic Beverage
Commission and the person was within the area authorized
by the Texas Alcoholic Beverage Commission for alcohol
sales, service or consumption; or
b. A lease or rental agreement or other written permission had
been granted by the City or the City Manager or his
designee, allowing the possession and consumption of an
alcoholic beverage, subject to conditions or regulations
imposed by the City or the City Manager or his designee.
(c) For the purpose of this Section, the term "alcoholic beverage" means and
refers to an alcoholic beverage as defined by the Texas Alcoholic
Beverage Code.
Nothing in this Section is intended to prohibit or otherwise control the
manufacture, sale, distribution, transportation, consumption or possession
of alcoholic beverages, except to the extent allowed by state law.
Sec. 10-22. Frykeeptions Reserved
This article shall not apply to .,..r:...,t., r sidenees- ests of other
aqua-" ..te oide r to .ithin atcl
Awned- iSeo.„
SECTION 3: Savings/Repealing. All provisions of the Code of Ordinances shall remain
in full force and effect, save and except as amended by this or any other ordinance. All
provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they
are in conflict; but such repeal shall not abate any pending prosecution for violation of the
repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any
violation if occurring prior to the repeal of the ordinance. Any remaining portions of said
Ordinance No. 2021-25 Amending Code of Ordinances, Chapter 10 (Alcoholic Beverages) Page 2 of 3
3342419
ordinances shall remain in full force and effect.
SECTION 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. The City Council 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.
SECTION 5: Effective Date. This Ordinance shall become effective from and after its
adoption and publication as required by law and the City Charter.
DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas,
this 25th day of May 2021.
ATTESTED AND
CORRECTLY RECORDED:
1 NN�MiI�
Stephanie Storm, City Secreta
DATE 0
r•
fit
Dq
/Z�
Matthew Porter, Mayor
The Wylie News
Ordinance No. 2021-25 Amending Code of Ordinances, Chapter 10 (Alcoholic Beverages) Page 3 of 3
3342419
The jfarnrersbille Zrunr5 • Murphy Monitor • The Princeton Herald • tile Sachse News • THE WYLIE NEWS
STATE OF TEXAS
COUNTY OF COLLIN
Before me, the undersigned authority, on this day personally appeared Chad Engbrock,
publisher of C & S Media, dba The Wylie News, a newspaper regularly published in
Collin County, Texas and having general circulation in Collin County, Texas, and being
in compliance with Section 2051.044, Texas Government Code (a); (1), (2), (3) and (4),
who being by me duly sworn, deposed and says that the foregoing attached:
City of Wylie
Legal Notice — Ordinances No. 2021-25, 2021-29 and 2021-30
was published in said newspaper on the following date(s), to -wit:
June 2, 2021
Chad Engbrock, Publisher
Subscribed and sworn before me on this, the 3rd day of June, 2021, to certify which
witness my hand and seal of office.
SONIA A DUGGAN
Notary ID #126646343
My Commission Expires
August 12, 2024
Notary Public in
The State of Texas
My commission expires 08/12/2024.
MurphyfSachse!W ylie Office • 110 N. Ballard • P.O. Box 369 • Wylie. TX 75098 . 972-442-5515 • fax 972-442-4318
Famters'ille/Princeton Office • 101 S. Main • P.O. Box 512 • Farmcnville, TX 75442 • 972-784-6397 • fax 972-782-7023
June 2-3, 2021 3C
CITY OF WYLI 1
Ordinance
No.2021.25 ,
An Ordinance Of The
City Council Of The
City Of Wylie, Texas,
Amending Wylie's-.
'Code Of Ordinances,
Ordinance No. 2021-
17, As Amended,,
Chapter 10 (Alcoholic
Beverages), Article li
(Possession And Con-
sumption ,In Public
Places); , Modifying
Regulations On The
Possession And 'Con-
sumption Of Alcoholic
Beverages In Public
Places; Providing A
Repealing Clause, A
Severability Clause, A
Penalty Clause AndAn
Effective Date.
Ordinance
No.2021-29
•
Ah Ordinance Of Thel
'City Of Wylie, Texas,;
Amending The Com-
prehensive Zoning Or-
dinance Of The City
Of Wylie, As Hereto-
fore Amended, So AsI
To Change The Zon
ing On The Hereinafter
'Described Property,
'Zoning Case Number
2021-12,From Planned
Development 2017J 3.
1(Pd-2017-03) To Cony=l
mercial Corridor (Cc),,
To Allow For Com
mercial Development;'
Providing For A Pen-,
alty For The Violation'
' Of This Ordinance;I
Providing For The Re-
peal Of All Ordinances
'In Conflict; Providing
A Severability Clause; '
,And Providing For An
Effective Date.
Ordinance
No. 2021-30
An Ordinance Of The',
City Of Wylie, Texas,
Amending The Com-
prehensive Zoning Or-
dinance Of The City
Of Wylie, As Hereto-
fore Amended, So As
To Change The Zon-
ing On The Hereinafter
Described Property,
Zoning Case Number
2021-08, From Sin-
, gle Family 10/24 (Sf
10/24) To Commercial 1
Corridor (Cc), To 'Al-
low For Commercial
Development; Provid-
ing For :A Penalty For
The Violation Of This
Ordinance; —Providing —
For The Repeal Of All
Ordinances In Conflict;
Providing A Severabil-
ity Clause; And Pro- '
viding For 'An Effec-
tive Date.
I5-It-9811 I