Ordinance No. 10,031Published in the Baytown Sun on
Tuesday, March 15, 2005 and
ORDINANCE NO. 10,031 Thursday, March 17, 2005
® AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING
CHAPTER 70 "PARKS AND RECREATION" SECTION 70 -8 "ALCOHOLIC
BEVERAGES" TO ALLOW THE POSSESSION AND CONSUMPTION OF
ALCOHOLIC BEVERAGES IN CITY PARKS DURING A CITY
SPONSORED OR CO- SPONSORED EVENT WHERE THE CITY HAS
UTILIZED HOTEL OCCUPANCY TAX IN FURTHERANCE THEREOF;
PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS
CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED
AND N01100 DOLLARS ($200.00); AND PROVIDING FOR THE
PUBLICATION AND THE EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That Chapter 70 "Parks and Recreation," Section 70 -8 "Alcoholic
beverages" Subsection (a) of the Code of Ordinances, City of Baytown, Texas, is hereby
amended, in part, to read as follows:
CHAPTER 70. PARKS AND RECREATION
Sec. 70 -8. Alcoholic beverages.
(a) It shall be unlawful for any person to possess or consume alcoholic beverages in city
parks except:
(1) at Bayland Park, or
(2) at a park during a city sponsored or co- sponsored event, which event is eligible for
the expenditure of hotel occupancy tax by the city and is designated by resolution
of the City Council as an event at which alcoholic beverages may be possessed and
consumed;
and there only at times and under conditions and requirements designated by the director
of parks and recreation in consultation with the city manager and other city staff.
(b) In order for an event to be designated by the city council in accordance with subsection
(a), a person must submit an application in writing on a form prescribed by the city clerk.
The application must be filed with the city clerk at least 30 days before the scheduled
event and shall include, but shall not be limited to, the following:
(1) the name, address and telephone number of the applicant;
(2) if the applicant is a corporation, the name and address of the major officers of the
corporation and the major stockholders;
(3) if a partnership, the names and addresses of partners;
® (4) if a sole proprietorship, the name and address of the owner;
(5) the name of the manager or other officer in charge of the event;
(6) the date of the event;
(7) the park at which alcoholic beverages are proposed to be served;
(6) the name and description of the event, which shall state in detail the different
component parts of the event, including but not limited to, all concessions, shows,
amusements, businesses exhibiting at the event, location of the event, the times of
the event, along with a description of the products and services to be sold at the
event; and
(7) certificates of insurance of the type, in the amounts, with endorsements as
required by the City Manager based upon the proposed event. All liability
policies shall name the city, its officers, agents and employees as additional
insureds. The applicant's insurance shall be primary with respect to the city, its
officers, agents and employees. Further, the applicant shall include all businesses
participating in the event as additional insureds under its policies or shall furnish
separate certificates and endorsements for each such vendor. All coverages for
vendors shall be subject to all of the requirements stated herein.
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The application shall include a sworn statement by the applicant that the information
provided in the application is true and correct.
Section 2: All ordinances or parts of ordinances inconsistent with the terms of this
ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of
such inconsistency and in all other respects this ordinance shall be cumulative of other
ordinances regulating and governing the subject matter covered by this ordinance.
Section 3: If any provision, section, exception, subsection, paragraph, sentence,
clause or phrase of this ordinance or the application of same to any person or the set of
circumstances, shall for any reason be held unconstitutional, void or invalid, such invalidity shall
not affect the validity of the remaining provisions of this ordinance or their application to other
persons or sets of circumstances and to this end all provisions of this ordinance are declared to be
severable.
Section 4: Any person who fails to comply with any provision of this ordinance shall
be guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding
TWO HUNDRED AND NO /100 DOLLARS ($200.00). Each act of violation and each day
upon which any such violation shall occur shall constitute a separate offense. In addition to the
penalty prescribed above, the city may pursue other remedies such as abatement of nuisances,
injunctive relief, administrative adjudication and revocation of licenses or permits.
Section 5: This ordinance shall take effect from and after ten (10) days from its
passage by the City Council. The City Clerk is hereby directed to give notice hereof by causing
the caption of this ordinance to be published in the official newspaper of the City of Baytown at
least twice within ten (10) days after passage of this ordinance.
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® INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the
City of Baytown, this the 10th day of March, 2005.
CALVIN MUNDINGER, Mayor
ATTEST:
GAR GARYGw. SMITH, City Clerk
APPROVED AS TO FORM:
ACID RAMIREZ, SR., C ty Attorney
0 RAKarenTiles\City CouncihOrdinances\2005\March IO\AlcoholicBevergesNParksRevisedO503I O.doc