1993M21- AMENDING SECTION 12 1/2-3
ORDINANCE NO. ~ -/)1<3/
AN ORDINANCE
BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ AMENDING SECTION 12 1/2-3 OF THE
CODE OF ORDINANCES OF THE CITY OF SCHERTZ
TO PROHIBIT THE BRINGING OF ALCOHOLIC
BEVERAGES INTO OR REMOVAL THEREOF FROM
DESIGNATED PARKS AND RECREATION AREAS
DURING PARTICULAR EVENTS; TO ESTABLISH
THAT, ON SUCH OCCASIONS, ALCOHOLIC
BEVERAGES CAN BE PURCHASED ONLY FROM
THOSE VENDORS GRANTED PERMISSION BY THE
CITY COUNCIL TO MAKE SUCH SALES; AND TO
SET AN EFFECTIVE DATE.
WHEREAS, the City Council has taken public notice
that disorderly conduct during particular events in city
parks and recreation areas can be more significant when the
number of suppliers of alcoholic beverages in the parks and
recreation areas is not controlled; and
WHEREAS, the City Council believes it is in the
best interest and general welfare of the citizens of the
City of Schertz to deter disorderly conduct generally and,
specifically, the disorderly conduct that sometimes occurs
when alcoholic beverages are being consumed during
particular events held in city parks and recreation areas;
and
WHEREAS, the City Council has determined that
preventive measures must be implemented to deter this
disorderly conduct to protect the health, safety and welfare
of the citizens of the City of Schertz; and
WHEREAS, the City Council has determined that an
effective preventive measure to deter disorderly conduct
when alcoholic beverages are being consumed during
particular events held in city parks and recreation areas is
to limit the ability of individuals to bring alcoholic
beverages into the city parks and recreation areas or to
remove such beverages from such areas during these
particular events and to limit the number of vendors who can
sell alcoholic beverages during these events; NOW
THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS:
SECTION 1: Findinqs and Determinations.
Council hereby officially finds and determines
facts and recitations contained in the preamble
Ordinance are true and correct.
The
that
of
City
the
this
SECTION 2. Amendment. The Code of Ordinances of
the City of Schertz is hereby amended by the addition of the
following to Section 12 1/2-3:
"In addition to all other City of Schertz Code
restrictions concerning alcoholic beverages,
alcoholic beverages may not be brought into or
removed from a city park or recreation area
during particular events designated from time
to time by the City Council. During these
particular events, alcoholic beverages may be
purchased in the designated park or recreation
area only from those vendors given permission
by the City Council to:
(1 )
bring alcoholic
designated city
and
beverages into the
park or recreation area
(2) sell alcoholic beverages in the desig-
nated park or recreation area.
Such vendors shall provide the City Manager
with such proof of their authority from the
Texas Alcoholic Beverage Commission (or
necessary agency) to sell alcoholic beverages
as the City Manager may demand. The City
Council shall by resolution (which may be
amended or modified from time to time)
designate particular parks and recreation
areas and designate particular dates to which
the provisions of this paragraph shall apply."
SECTION 3. Enforceabilitv. The City Council shall
direct the City Manager or other appropriate officers of
this City to take any and all action to enforce and
otherwise give effect to the actions required hereby and
intent hereof.
SECTION 4. Ratification. All actions (not
inconsistent with the provisions of this Ordinance)
heretofore taken by this City Councilor any officer of the
City relating to the subject matter of this Ordinance are
hereby ratified, approved and confirmed.
SECTION 5. Inconsistent Actions Repealed. All
ordinances, resolutions or parts thereof, which are in
conflict or inconsistent with any provisions of this
Ordinance are hereby repealed to the extent of such
conflict, and the provisions of this Ordinance shall be and
remain controlling as to the matters resolved herein.
SECTION
construed and
State of Texas
6. Governinq Law. This Ordinance shall
enforced in accordance with the laws of
and the United States of America.
be
the
SECTION 7. Severabilitv. If any provision of this
Ordinance or the application thereof to any person or
circumstance shall be held invalid, the remainder of this
Ordinance and the application of such provision to the other
persons and circumstances shall nevertheless be valid, and
this Council hereby declares that this Ordinance would have
been enacted without such invalid provision.
SECTION 8. Open Meetinqs Act. It is officially
found, determined and declared that the meeting at which
this Ordinance is adopted was open to the public and public
notice of time, place and subject matter of the public
business to be considered at such meeting, including this
Ordinance, was given, all is required by the Open meetings
Act, Chapter 551, Texas Government Code, as amended.
SECTION 9. Effective Date. This Ordi~?nge shall be
in force and effect from and after December Z~ , 1993.
Approved on first reading the ...L.te.... day of #ot/,
PASSED, APPROVED AND ADOPTED this the ~~
Dtcc r- h1 /:JPfC , 1993.
, 1993.
day of
ATTEST:
CITY)
~ '
MI ORDINANCE BY THE
CITY COUNCIL OF THE
CITY OF SCHERTZ
~~_~Ng~N~H~Eg~g~ ~~ PUBLISHER'S AFFIDAVIT
ORDINANC~S OF THE "- )
CITY OF SCHERTZ TO n^ ./ 0 (~,)
PROHIBIT THE BRING- II? U
IHG OF ALCOHOLIC BE- S q.....-z., /
VERAGES INTO OR RE- THE STATE OF TEXA , )
MOVALTHEREOFFROM
DESIGNATED PARKS County of Guadalupe
AND. RECREATION
AREAS DURING PARTI-
CULAR EVENTS: TO ES-
TABLI$li T"HA T, ON SUCH
occ"A'S ION!:i.''''A~t'O:
HOLICBEVE'AAGESOCAN Before me, the undersigned authority, on this date personally
BE PURCHASED NL Y
FROM THOSE VENDORS ~ ~ I ~
GR.\NTED PERMISSION d "" t- ,,' t-::J-S 1m h b' b
BY "'HE CITY COUNCIL appeare . '- own to me, w 0, emg y me
TO I.1AKE SUCH SALES:
ANr1 TO SET AN EFFEC-
TIVe'.DATE. duly sworn, on his oath deposes and says that he is the publisher of
FirslIe.ding approved on
IlleJlllll day of November,
~~J'G Krause. The Seguin Gazette-Enterprise, a newspaper published in said county;
citrl$eaetary I "I .....J '
'AN ORDINANCE BY THE that a copy ofthe within and foregoing /'Vc::rr L.Q. was published in
CITY COUNCIL OF THE
CITY OF SCHERTZ
AMENDING-SECTION 12 . 'I,
112-3 OF THE CODE OF Said newspaper t::::..U times before the return day named therein,
ORDINANCES OF THE
CITY OF SCHERTZ TO
PROHIBIT THE BRING- such publications being on the following dates:
ING OF ALCOHOLIC BE- ~
~~~~H~~~~~~~~ t0C)~ .;)~ ~d5 Iq9~
DESIGNATED PARKS ./
AND RECREATION
AREAS DURING PARTI-
CULAR EVENTS: TO ES-
TABLlSHTHAT, ON SUCH
OCCASIONS, ALCO-
HOLIC BEVERAGES CAN
BE PURCHASED ONLY . .
FROM THOSE VENDORS and a newspaper copy of which 18 hereto attached.
GRANTED PERMISSION jl
BY THE CITY COUNCIL ~
TO MAKE SUCH SALES: L ^
AND TO SET AN EFFEC- A-- X ^---+::
TlVE DATE. -- -- - --
First reading approved on
the 161ll day of November,
~~: G. Krause, Sworn to and subscribed before me, this L day of ~ AD., 19 '73
City Secretary
f - \~~~T;i~~;\ -- ~="~~~R~~-L ~"~!:SON;'
t . ~ ')" NO~~:.T'Y PlIlJlic
- '::"-. ' \ ....... ~
I ; . ,-z ;.---:'~ ': ':
i \:';;>'~.~~,:l CiTy ,:':n~,:: ;F ;1:": ' /
J -'<:;':>'.~')'~''':.:::>-'' iJ:;:c Exp. - ':L .
t '...... I
"'_"_~__"',:-A."'-~""~__.......,..__.~._~,,..,--.,..~_...,...,._.~_.~~~~~..,.~
'fr2 ~/~~
NO~bliC, Guadalupe County, Texas