(a)
The drinking or possession of any alcoholic beverage shall be unlawful
and is prohibited on any property owned or leased by the city, or
within the confines of any building or structure owned or leased by
the city, and located within the corporate limits of the city, whether
afoot or as a passenger in or as an operator of any vehicle; specifically
exempting, however, the indoor facilities of Fletcher Warren Civic
Center and the administrative services building when used for leased
purposes from the city and the Wright Park Municipal Golf Course.
In addition, events held in the central area that are sponsored
by the city, Chamber/CVB or Friends of Main Street are allowed alcoholic
beverages on city-owned property, provided that the vendor supplies
a minimum of two (2) off-duty police officers in the area alcohol
is served and submits to the city a copy of its license or permit
to sell alcohol in addition to a certificate of insurance to the city
with the following provisions:
(1)
The city is named as an additional insured for the specific event
and dates;
(2)
Minimum policy limit of $500,000 for general liability coverage;
and
(3)
Certificate should state that the policy specifically covers liquor
liability (no alcohol exclusion permitted).
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The city manager, Main Street manager, and chief of police must
provide written authorization prior to each central area event, ensuring
event organizers and vendors’ compliance with all requirements
of this section, the Texas Alcoholic Beverage Code, and city policies.
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(b)
If an open container is found in a person’s possession, said container of the type generally used to contain an alcoholic beverage, said finding shall be prima facie evidence that such person, or persons, was or were then and there drinking an alcoholic beverage in violation of subsection (a).
(c)
Any person violating any portion or provision of this section shall be deemed guilty of a misdemeanor and, upon conviction therefor, shall be punished by the assessment of a fine as provided for in section 1.01.009 of this code, and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues.
(1990 Code, sec. 5.901; Ordinance 10-069 adopted 8/10/10; Ordinance 11-045 adopted 8/23/11)
