HomeMy WebLinkAboutOrdinance 17689-08-2007ORDINANCE NO. 17689-08-2007
AN ORDINANCE AMENDING CHAPTER 4 OF THE CODE OF THE
CITY OF FORT WORTH, "ALCOHOLIC BEVERAGES" TO ADD A
NEW SECTION RESTRICTING THE POSSESSION OF AN OPEN
CONTAINER OR THE CONSUMPTION OF AN ALCOHOLIC
BEVERAGE WITHIN ONE THOUSAND FEET OF A HOMELESS
SHELTER OR SUBSTANCE ABUSE TREATMENT CENTER LOCATED
OUTSIDE THE CENTRAL BUSINESS DISTRICT, EXCEPT DURING
CERTAIN TEMPORARY EVENTS; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE;
PROVIDING A PENALTY CLAUSE; PROVIDING FOR PUBLICATION
IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Section 109.33 of the Texas Alcoholic Beverage Code permits cities to
enact regulations to restrict the sale of alcoholic beverages within 300 feet of public and private
schools, public hospitals and churches as authorized by the Code; and
WHEREAS, Senate Bill 1238 was adopted by the Texas Legislature, effective
September 1, 2007, amending Section 109 of the Texas Alcoholic Beverage Code, by adding
Section 109.36, to authorize cities to enact regulations to restrict the possession of an open
container or the consumption of an alcoholic beverage within 1,000 feet of a homeless shelter or
substance abuse treatment center; and
WHEREAS, it is advisable to amend Chapter 4 of the City Code to add a new section to
prohibit the possession of an open container or the consumption of an alcoholic beverage within
1,000 feet of a homeless shelter or substance abuse treatment center located outside the central
business district;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS, AS FOLLOWS
SECTI®N 1.
Chapter 4 of the Code of the City of Fort Worth, "Alcoholic Beverages" is amended to
add a new section, 4-5, "Possession or Consumption near Homeless Shelters or Substance Abuse
Treatment Centers" and to renumber the current Section 4-5, "Penalty" to Section 4-6 as follows:
Section 4-5. Possession or Consumption near Iomeless Shelters or
Substance Abuse Centers"
(a) No person may possess an open container or consume an alcoholic
beverage on a public street, public alley, or public sidewallc within 1,000
feet of the property line of a homeless shelter that is not located in a
central business district or a substance abuse treatment center that is not
located in the central business district.
(b) Special temporary events/activities/festivals approved by the City Council
and events/activities/festivals lasting no longer than three days that are
open to the public for the purpose of providing entertainment/food and/or
sales of merchandise are exempt from the provisions of subsection (a).
(c) For purposes of this section, the following definitions will apply:
(1) "Central Business District" means a compact and contiguous
geographical area of a municipality used for commercial purposes that has
historically been the primary location in the municipality where business
has been transacted.
(2) "Homeless Shelter" means a supervised publicly or privately operated
shelter or other facility that is designed to provide temporary living
accommodations to individuals who lack a fixed regular and adequate
residence.
(3) "Open Container" means a container that is no longer sealed or the
meaning assigned by Section 109.35 of the Texas Alcoholic Beverage
Code, whichever is more restrictive.
Sec.4-6. Penalty.
Any person who shall fail to pay any tax or fee prescribed by this chapter and
secure a permit before engaging in any business for which the payment of any
such fee and securing of any such permit is required by the terms of this chapter,
or who shall engage in any such business without holding an unrevolced or
unexpired permit from the city authorizing the same shall be deemed guilty of a
misdemeanor and, upon conviction, shall be punished as provided in section 1-6
of this Code.
A11 other provisions of Chapter 4, "Alcoholic Beverages", shall remain in full force and
effect.
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SECTI®N 2.
This ordinance shall be cumulative of all provisions of ordinances and of the Code of the
City of Fort Worth, Texas (1986), as amended, except where the provisions of this ordinance are
in direct conflict with the provisions of such ordinances and such Code, in which event
conflicting provisions of such ordinances and such Code are hereby repealed.
SECTI®N 3.
It is hereby declared to be the intention of the City Council that the sections, paragraphs,
sentences, clauses and phrases of this ordinance are severable, and ~ if any phrase, clause,
sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid
judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not
affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance,
since the same would have been enacted by the City Council without the incorporation in this
ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section.
SECTI®N 4.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to
comply with or who resists the enforcement of any of the provisions of this ordinance shall be
fined not more than Five Hundred Dollars ($500.00) for each offense. Each day that a violation
is permitted to exist shall constitute a separate offense.
SECTI®N 5.
All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any
and all violations of the provisions of the Code of the City of Fort Worth which have accrued at
the time of the effective date of this ordinance; and, as to such accrued violations and all pending
litigation, both civil and criminal, whether pending in court or not, under such ordinances, same
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shall not be affected by this ordinance but maybe prosecuted until final disposition by the courts.
SECTI®N 6.
The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the
caption, penalty clause and effective date of this ordinance for two (2) days in the official
newspaper of the City of Fort Worth, Texas, as authorized by Section 52.013, Texas Local
Government Code.
SECTS®N 7.
This ordinance shall take effect on September 1, 2007, after adoption and publication as
..................
required by law.
APP OVED AST FORM AND LEGALITY:
~~ ~ ~~~~~-c.
Assistant Ci orney
ADOPTED: ~"~ ~ ~~
EFFECTIVE: September 1, 2007
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Page 1 of 2
City of Fort Worth, ?°exa~
Mayor and Council Communication
COUNCIL ACTION: Approved on 8/9/2007 -Ord. No. 17689-08-2007
DATE: Thursday, August 09, 2007
LOG NAME: 12ALCHOMELESS REFERENCE NO.: ~*G-15802
SUBJECT:
Adopt Ordinance Amending Chapter 4, "Alcoholic Beverages," of the City Code to Add a New
Section Prohibiting the Consumption of an Alcoholic Beverage or Possession of an Open Container
within 1,000 Feet of a Homeless Shelter or Substance Abuse Treatment Center Outside the Central
Business District
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance amending Chapter 4, "Alcoholic
Beverages," to add a new section prohibiting the consumption of an alcoholic beverage or possession of an
open container within 1,000 feet of a homeless shelter or substance abuse treatment center outside the
Central Business District.
DISCUSSION:
Section 109.33 of the Texas Alcoholic Beverage Code permits cities to enact regulations to restrict the sale
of alcoholic beverages within 300 feet of public and private schools, public hospitals and churches as
authorized by the Code.
Senate Bill 1238 was adopted by the Texas Legislature, effective September 1, 2007, amending Section
109 of the Texas Alcoholic Beverage Code, by adding Section 109.36, to authorize cities to enact
regulations to prohibit the possession of an open container or the consumption of an alcoholic beverage
within 1,000 feet of a homeless shelter or substance abuse treatment center outside the central business
district.
Adoption of the attached ordinance will prohibit the consumption of an alcoholic beverage and the
possession of an open container within 1,000 feet of homeless shelters and substance abuse treatment
centers located outside the central business district. The central business district is defined as that
geographical area of a city used for commercial purposes that has historically been the primary location in
the city where business has been transacted.
The ordinance provides an exception for temporary events approved by the City Council or events and
festivals lasting longer than three days that are open to the public for the purpose of providing
entertainment/food and/or the sale of merchandise.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that adoption of this ordinance will have no material affect on city funds.
http://www.cfwnet.org/council~acket/R.eports/mc~rint.asp 8/15/2007
Page 2 of 2
TO Fund/AccountlCenters
FROM Fund/Account/Centers
Submitted for City Manager's Office by: Karen Montgomery (6222)
Originating_Department Head• David Yett (7623)
Additional Information Contact: Sarah Fullenwider (7619)
http://www.cfwnet.org/council~acket/Reports/mc~rint.asp 8/15/2007