The following words and terms when used in this section shall
have the meanings defined as follows:
Has the meaning assigned in section 1.04, Alcoholic Beverage
Code as follows: Alcohol, or any beverage containing more than one-half
of one percent of alcohol by volume, which is capable of use for beverage
purposes, either alone or when diluted.
The lighting or combustion of a tobacco product.
A handgun, the presence of which is not openly discernible
to the ordinary observation of a reasonable person.
A public building owned and operator [operated] by the city,
which may sell or serve to the public food or drink intended for human
consumption and its use includes but is not limited to community programs,
educational programs, benefits, entertainment, public meetings and
recreational activities designed to promote the community.
Any device designed, made, or adapted to expel a projectile
through a barrel by using the energy generated by an explosion or
burning substance or any device readily convertible to that use.
Any firearm that is designed, made, or adapted to be fired
with one hand.
Emitting or exhaling the smoke of burning tobacco, weed,
or other plant or tobacco product.
Any tobacco, cigarette, cigar, pipe tobacco, smokeless tobacco,
snuff or any other form of tobacco, which may be utilized for smoking,
chewing, inhalation or other manner of ingestion or absorption.
A canopy, awning, plastic, wood, vinyl or other type of protective
covering whether enclosed or open used to sell, display or handle
food products, drinks or miscellaneous articles whether for human
consumption or not to the public during a city sponsored or private
rental event outside on real property belonging to the event center.
(Ordinance 1221-2019, sec. 1, adopted 2/26/19)
When the following notice is posted:
(1)
Pursuant
to section 30.06, Penal Code (trespass by holder of a license to carry
a concealed handgun) a person licensed under subchapter H, chapter
411, Government Code (concealed handgun law), may not enter this property
with a concealed handgun.
(A)
In the events center as a city-owned building;
(B)
On any real property owned and operated by the city, excluding streets,
parks, easements, and alleys; or
(C)
A person, not including a peace officer but including a person licensed
to carry a concealed handgun, shall not carry a firearm (Penal Code
section 30.06(c)(3)(B)).
(Ordinance 768-07, sec. 2, adopted 11/27/07; Ordinance 1239-2019, sec. 7, adopted 8/13/19)
(a)
A person commits an offense if the person consumes any alcoholic
beverage, or possesses such alcoholic beverage, in the event center
building or upon real property owned and operated by the city for
the event center unless otherwise approved for special events in accordance
to this section:
(1)
In addition to the immediate suspension of the rental contract
as well as the loss of the rental deposit, whenever in the Code of
Ordinances an act is prohibited or is made or declared to be unlawful
or an offense or a misdemeanor, or whenever in such code or ordinance
the doing of any act is required or the failure to do any act is declared
to be unlawful, and no specific penalty is provided therefor, the
violation of any such provision of this code or any such ordinance
shall be punished by a fine of not exceeding five hundred dollars
($500.00). However, a fine or penalty for the violation of a rule,
ordinance or police regulation that governs fire safety, zoning or
public health and sanitation other than dumping of refuse may not
exceed two thousand dollars ($2,000.00).
(2)
If the renter applies for and is approved for the use or possession
of alcoholic beverages, the following additional provisions will apply:
(A)
Pay a refundable deposit fee in advance of the event in the
amount of $600.00.
(B)
The hourly rental fee: Nonresident fee of $150.00 per hour and
a resident fee of $135.00 per hour and a civic group rate of $110.00
per hour for the first three hours (including setup and cleanup) and
$90.00 per hour for each additional hour.
(C)
The renter will be required to hire one (1) uniformed police
officers to monitor the event by contacting the city police chief.
This will be an additional expense to the renter and not the responsibility
of the center. Each uniformed police officer must be paid $50.00 per
hour (minimum 4 hours - minimum of $200.00) in cash prior to the event.
In the event the uniformed police officers are not paid in advance,
the event is cancelled.
(b)
Exception: A person commits an offense if the person consumes
any alcoholic beverage, or possesses such alcoholic beverage, in the
event center building or upon real property owned and operated by
the city for the event center except for city-sponsored events when
meeting the additional provisions as follows:
(1)
The River Oaks Event Center, its staff or employees, will not
provide, make available or sell alcoholic beverages to the patrons
within the confines or on the property at the River Oaks Event Center
at 5300 Blackstone Drive. Alcoholic beverages are restricted exclusively
without exception only to the patron or patrons as a BYOB (bring your
own bottle); and
(2)
An on-duty uniformed police officer will be available by contacting
the police chief in advance of the event to respond during the event
if needed.
(Ordinance 1221-2019, sec. 2, adopted 2/26/19; Ordinance
1412-2024 adopted 2/6/2024)
A person commits an offense if the person uses any form of tobacco
product for smoking, chewing, inhalation or other manner of ingestion
or absorption:
(1)
In
the events center as a city-owned building;
(2)
Within
25 feet of any entrance to the events center building; or
(3)
Within
25 feet of a vendor’s stand or in line for service at a vendor’s
stand during any outdoors event of the events center located on the
real property of the events center.
(Ordinance 768-07, sec. 2, adopted 11/27/07; Ordinance 1239-2019, sec. 7, adopted 8/13/19)
The city manager or designee shall cause conspicuous signs to
be posted in the events center building and on events center real
property containing the following prohibitions:
(1)
No
smoking or other language that clearly prohibits smoking and includes
the universal symbol for no smoking.
(2)
No
alcoholic beverages.
(3)
No
firearms as provided for in the Penal Code section 30.06(c)(3)(B).
(4)
No
tobacco products.
(Ordinance 1239-2019, sec. 8, adopted 8/13/19)
(a)
Signage.
Appropriate signs indicating such prohibition
shall be posted in conspicuous locations within the events center
and on events center real property as approved by the city manager
or designee.
(b)
Irrespective
of said sign, such prohibitions as herein listed and described in
this article are prohibited and declared unlawful.
(Ordinance 768-07, sec. 2, adopted 11/27/07; Ordinance 1239-2019, sec. 9, adopted 8/13/19)
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 section shall be fined not more than the amount stated in section 1.01.009 of this code for each offense.
(Ordinance 768-07, sec. 2, adopted 11/27/07)
(a)
Determination.
Based on activities conducted outside
on the events center property taking into consideration of the neighborhood
compatibility, the director of public works shall determine the hours
that each city park is open to the public.
(b)
Placement of signs.
The director of public works shall
post signs on the events center real property as approved by the city
manager or designee containing notification of the hours that the
events center outside real property inclusive of all recreational
facilities is open to the public. The signs shall be placed in conspicuous
places, and the lettering shall be at least two inches in height.
Unless otherwise posted by the director of public works, the hours
during which events center real property is open to the public are
7:00 a.m. to 11:30 p.m.
(c)
Entrance during closed hours.
A person commits an offense
if the person enters or uses the events center property during a time
when the outside real property it is not open to the public.
(Ordinance 977-2013 adopted 4/9/13; Ordinance 1239-2019, sec. 7, adopted 8/13/19; Ordinance 1239-2019, sec. 10, adopted 8/13/19)
A person commits an offense on events center property if:
(1)
The
person parks a motor vehicle at a place that is not a designated parking
area;
(2)
The
person parks a motor vehicle at a place that is a dedicated parking
area within the events center real property for any other purpose
other than for use of the events center; or
(3)
The
person parks or stops a motor [vehicle] within the events center real
property on any unimproved parking surface or upon any designated
recreational area whether approved or unimproved unless otherwise
authorized by the police chief during special events. Irrespective
of said sign, such prohibitions as herein listed and described in
this subsection are prohibited and declared unlawful.
(Ordinance 977-2013 adopted 4/9/13; Ordinance 1239-2019, sec. 7, adopted 8/13/19)
