HomeMy WebLinkAboutOrdinance 151206+'
ORDINANCE NO. ~ cJ , ~ C~
AN ORDINANCE ADOPTING SECTION 23-20 OF THE CODE OF THE
CITY OF FORT WORTH (1986), AS AMENDED, MAKING IT
UNLAWFUL TO RESELL TICKETS FOR PUBLIC ENTERTAINMENT
OR AMUSEMENT EVENTS ON PROPERTY OWNED OR
CONTROLLED BY FW SPORTS AUTHORITY, INC., INCLUDING THE
TEXAS MOTOR SPEEDWAY; PROVIDING FOR A FINE NOT TO
EXCEED $500.00; 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, FW Sports Authority, Inc is a development corporation established under
the provisions of Section 4B of the Development Corporation Act of 1979, Vernon's Civil
Statutes article 5190 6, for the development of facilities for sports, athletic, entertainment,
tourist, convention and public park purposes and events,
WHEREAS, FW Sports Authority, Inc owns the Texas Motor Speedway and it is
anticipated that FW Sports Authority, Inc may participate in the development of additional
facilities for sports, athletic, entertainment, tourist, convention and public park purposes in the
~,. ~
future,
~_
WHEREAS, resale of tickets to public entertainment or amusement events at the Texas
Motor Speedway by unauthorized persons is a significant problem,
WHEREAS, resale of a ticket by a person who is not an event sponsor creates a loss of
sales tax revenue to the City;
WHEREAS, it is advisable to adopt Section 23-20 of the City Code to prohibit reselling
or offering to resell tickets to public entertainment or amusement events on property within the
City of Fort Worth owned, leased or managed by FW Sports Authority, Inc , specifically
including without limitation the Texas Motor Speedway;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS, AS FOLLOWS:
SECTION 1.
Secrion 23-20 of the Code of the City of Fort Worth, "Certain ticket sales prohibited on
FW Sports Authority, Inc property", is adopted to read as follows
(a) Terms defined. In this section
(1) Event means an event of public entertainment or amusement.
(2) Event sponsor means an owner, lessee, operator, promoter or manager of
an event or the site of an event.
(3) FW Sports Authority, Inc. means the industrial development corporation
established under the provisions of Section 4B of the Development
Corporation Act of 1979, Vernon's Civil Statutes article 5190 6, for the
development of facilities for sports, athletic, entertainment, tourist,
convention and public park purposes and events, including without
limmtation the Texas Motor Speedway
(4) Resell means to sell a ticket after it has been purchased from the event
sponsor or from an individual, corporation or association authorized by the
event sponsor to sell the ticket.
(b) Prohibition. It shall be unlawful for any person to resell or offer to resell a ticket
to an event while on property owned, leased or managed by FW Sports Authority,
Inc ,specifically including without limitation the Texas Motor Speedway
(c) Penalty Any person violating the provisions of this section shall be guilty of a
misdemeanor and shall be punished by a fine not to exceed five hundred dollars
($500 00)
SECTION 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
~n 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.
2
SECTION 3.
it ~s 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.
SECTION 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
exists shall constitute a separate offense
SECTION 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
shall not be affected by this ordinance but may be prosecuted until final disposition by the courts.
SECTION 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
3
newspaper of the City of Fort Worth, Texas, as authorized by Section 52.013, Texas Local
Government Code.
SECTION 7.
This ordinance shall take effect upon adoption and publication as required bylaw
APPROVED AS TO FORM AND LEGALITY
~, ~~~~~ b
Assistant City Attorney
ADOPTED:~~- ~l Zc~o Z
EFFECTIVE. ~~
4
City of FOYt Worth, Texas
Mayor and Council
Communication
DATE REFERENCE NUMBER LOG NAME PAGE
5/28/02 G-13631 12TICKETS 1 of 2
suB~ECT ORDINANCE ADOPTING SECTION 23-20 OF THE CITY CODE MAKING IT
UNLAWFUL TO RESELL TICKETS ON OR WITHIN 1,000 FEET OF PROPERTY
OWNED OR CONTROLLED BY FW SPORTS AUTHORITY, INC , INCLUDING THE
TEXAS MOTOR SPEEDWAY
RECOMMENDATION
It is recommended that the City Council adopt the attached ordinance adding Section 23-20 to the City
Code to prohibit reselling tickets one property owned or controlled by FW Sports
Authority, Inc
DISCUSSION
FW Sports Authority, Inc is a development corporation formed for the development of facilities for
sports, athletic, entertainment, tourist, convention and public park purposes FW Sports Authority, Inc.
owns the Texas Motor Speedway, and may participate in the development of additional facilities in the
future
The resale of tickets for Texas Motor Speedway events by individuals who are not event sponsors or
authorized to sell tickets results in a loss of revenue by Texas Motor Speedway In addition, such
resale means a loss of sales tax revenue for the City and safety concerns for citizens attending events
at the Texas Motor Speedway
The attached ordinance would prohibit the resale of tickets for public entertainment or amusement
events on or within 1,000 feet of property owned or controlled by FW Sports Authority, Inc., including
the Texas Motor Speedway "Resale" means selling a ticket after it has been purchased from the event
sponsor or an authorized representative Violation of the ordinance is punishable by a fine not to
exceed $500
The Board of Directors of FW Sports Authority, Inc. reviewed the ordinance at the Board's May 22,
2002 meeting and requests that the City Council approve the ordinance
Section 23-16 of the City Code, which prohibits the resale of tickets on City property for a price
exceeding the price offered to the general public by the event sponsor, is not impacted by adoption of
the attached ordinance
City of Fort Worth, Texas
Mayor and Council
Communication
DATE
5/28/02 REFERENCE NUMBER
G-13631 LOG NAME
12TICKETS PAGE
2 of 2
SUBJECT ORDINANCE ADOPTING SECTION 23-20 OF THE CITY CODE MAKING IT
UNLAWFUL TO RESELL TICKETS ON C~ PROPERTY
OWNED OR CONTROLLED BY FW SPORTS AUTHORITY, INC , INCLUDING THE
TEXAS MOTOR SPEEDWAY
FISCAL INFORMATION/CERTIFICATION
The Finance Director certifies that this action will have no material effect on City funds
CB k
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
Charles Boswell 8511
Originating Department Head:
David Yett 7606 (from) APPROVED AS AMENDED
ORD.# 15120
Additional Information Contact:
Marcella Olson 7631
City of Fort Worth, Texas
Mayor and Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
5/28/02 G-13631 12TICKETS 1 of 2
SUBJECT ORDINANCE ADOPTING SECTION 23-20 OF THE CITY CODE MAKING IT
UNLAWFUL TO RESELL TICKETS ON PROPERTY
OWNED OR CONTROLLED BY FW SPORTS AUTHORITY, INC , INCLUDING THE
TEXAS MOTOR SPEEDWAY
RECOMMENDATION
It is recommended that the City Council adopt the attached ordinance adding Section 23-20 to the City
Code to prohibit reselling tickets on property owned or controlled by FW Sports
Authority, Inc.
DISCUSSION
FW Sports Authority, Inc. is a development corporation formed for the development of facilities for
sports, athletic, entertainment, tourist, convention and public park purposes FW Sports Authority, Inc.
owns the Texas Motor Speedway, and may participate in the development of additional facilities~in the
future
The resale of tickets for Texas Motor Speedway events by individuals who are not event sponsors or
authorized to sell tickets results in a loss of revenue by Texas Motor Speedway In addition, such
resale means a loss of sales tax revenue for the City and safety concerns for citizens attending events
at the Texas Motor Speedway
The attached ordinance would prohibit the resale of tickets for public entertainment or amusement
events on or within 1,000 feet of property owned or controlled by FW Sports Authority, Inc., including
the Texas Motor Speedway "Resale" means selling a ticket after it has been purchased from the event
sponsor or an authorized representative Violation of the ordinance is punishable by a fine not to
exceed $500
The Board of Directors of FW Sports Authority, Inc. reviewed the ordinance at the Board's May 22,
2002 meeting and requests that the City Council approve the ordinance
Section. 23-16 of the City Code, which prohibits the resale of tickets on City property for a price
exceeding the price offered to the general public by the event sponsor, is not impacted by adoption of
the attached ordinance
~'ity of Fort Worth, Texas
Mayor and Council Communication
DATE
5/28!02 REFERENCE NUMBER
G-13631 LOG NAME
12TICKETS PAGE
2 of 2
SUBJECT ORDINANCE ADOPTING SECTION 23-20 OF THE CITY CODE MAKING IT
UNLAWFUL TO RESELL TICKETS ON PROPERTY
OWNED OR CONTROLLED BY FW SPORTS AUTHORITY, INC , INCLUDING THE
TEXAS MOTOR SPEEDWAY
FISCAL INFORMATION/CERTIFICATION
The Finance Director certifies that this action will have no material effect on City funds.
CB k
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
Charles Boswell 8511
Originating Department Head:
David Yett 7606 (from) APPROVED AS AMENDED
O1tD.# 15120
Additional Information Contact:
Marcella Olson 7631