O468ORDINANCE NO. 468
AN ORDINANCE OF THE CITY OF KENNEDALE, TEXAS AMENDING
CHAPTER 16 PARKS, RECREATION AND CULTURAL ACTIVITIES,
ARTICLE III PARKS AND PLAYGROUND REGULATIONS, BY ADDING
PROVISIONS REGARDING THE SALE AND CONSUMPTION OF ALCOHOLIC
BEVERAGES IN PARKS; PROVIDING FOR A SPECIAL EVENT PERMIT TO
ALLOW CERTAIN SALES AND CONSUMPTION OF ALCOHOLIC
BEVERAGES IN PARKS; PROVIDING FOR DEFINITIONS; PROVIDING FOR
PERMIT REQUIREMENTS; PROVIDING A CUMULATIVE CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE
FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING
FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Kennedale, Texas is a home rule City acting under its charter
adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and
Chapter 9 of the Local Government Code; and
WHEREAS, in order to promote the public health, safety and general welfare the City
Council desires to adopt the proposed amendments to its city code in order to add
regulations governing the sale and consumption of alcoholic beverages;
WHEREAS, nothing in this Ordinance shall be construed or interpreted to conflict with
the V.T.C.A. Alcoholic Beverage Code. The provisions of this Ordinance shall be subject to the
limitations of such code and such code shall control.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KENNEDALE, TEXAS:
SECTION 1.
The City of Kennedale Code of Ordinances is hereby amended by amending Chapter 16
Parks, Recreation and Cultural Activities, Article III Parks and Playground Regulations, Section
16 -4 to read as follows:
Sec. 16 -4. Alcoholic beverages prohibited.
It shall be unlawful for any person, firm or corporation to sell, consume, possess,
transport or store alcoholic beverages of any nature or kind, including beer, whiskey or wine,
upon, over, across or on any publicly owned property designated and dedicated for park and
recreational purposes at any time of the day or night.
SECTION 2.
The City of Kennedale Code of Ordinances is hereby amended by adding a new Section
16 -6 to Chapter 16 Parks, Recreation and Cultural Activities, Article III Parks and Playground
Regulations, to read as follows:
Sec. 16 -6. Permit required for alcohol sales, consumption or possession in city parks.
(a) The City Council is authorized to allow nonprofit groups and nonprofit organizations to
obtain temporary written permission from the City for the sale and consumption of
alcohol in parks during special events for a period not to exceed 72 consecutive hours. A
nonprofit group or nonprofit organization may apply for a special event permit to allow
the sale, consumption, or possession of alcoholic beverages in a city park during a
special event. If the permit is granted by the City Council, the sale, consumption or
possession of alcoholic beverages shall be allowed at the locations and during the times
specified in the permit, notwithstanding Section 16 -4. Any permission to sell alcohol
granted by this Section is contingent on the seller obtaining all necessary authority to sell
alcohol from the Texas Alcoholic Beverage Commission. All consumption or possession
of alcohol allowed in parks during special events is limited to the consumption or
possession of alcohol purchased at the event from a retailer possessing an appropriate
state law license or permit to sell alcoholic beverages at the event.
(b) In this section, "special event" shall mean a temporary group event or temporary group
gathering including, but not limited to a show, contest, athletic event, performance,
ceremony, meeting, assembly, or exhibit of a predominantly entertainment, cultural,
recreational, or sporting nature and sponsored by a nonprofit group or nonprofit
organization, which is proposed to be held in a park or public facility.
(c) A nonprofit group or nonprofit organization seeking the issuance of a special event
permit shall file an application with the permit and planning department. A form of the
application shall be made available to each applicant by the permit and planning
department.
(d) An application for a special event permit shall be filed with the permit and planning
department not less than sixty (60) days prior to the date on which it is proposed to
conduct the special event. The application shall be signed by the applicant.
(e) The application for a special event permit shall set forth the following information:
(1) The name, address and telephone number of the headquarters of the
organization and of the authorized and responsible heads of such organization. A
copy of the current, valid 501(c) determination letter (or other proof as required
by the City) shall be required to accompany the application.
(2) The name, address and telephone number of the person who will be the special
event chairman and who will be responsible for its conduct.
(3) The dates when the special event is to be conducted.
(4) The estimated number of persons who will constitute the special event.
(5) The hours when the special event will start and terminate.
(6) If the special event is designed to be held by, and on behalf of or for any person
other than the applicant for such permit, the applicant shall file with the permit
and planning department a communication in writing from the person proposing
to hold the special event authorizing the applicant to apply for the permit on his
behalf.
(7) Any other information as requested by the City within the special event permit
application. Such information may include, but not be limited to: food vendor
information, site layout information, security information, storage and
containment information, etc.
(8) Any application which complies with the requirements of this section shall be
submitted for City Council consideration at the earliest possible Council meeting
following the receipt of the application.
(9) Late applications. The permit and planning department, where good cause is
shown therefore, shall have the authority to submit any application to the City
Council hereunder which is filed less than sixty (60) days before the date such
special event is proposed to be conducted.
(f) In issuing such permit the City Council may designate an area within the city park or
facility for the serving, possession and consumption of alcoholic beverages under such
permit, and shall establish such hours that the beverages may be dispensed, consumed,
or possessed under the permit. The city manager or his designee is further authorized to
adopt and enforce such other appropriate health, safety and welfare measures to ensure
safe use of the premises and general welfare of the areas adjacent thereto.
(g) No permit shall be issued until satisfactory proof has been provided that liability
insurance has been obtained in compliance with the Texas Alcoholic Beverage Code
and rules issued by the appropriate state agency.
(h) The City Council shall issue a permit for the proposed special event within sixty (60)
days of receipt of an application, unless the Council finds that:
(1) The conduct of the special event will require the diversion of so great a number
of police officers of the City to properly police the special event and the
contiguous areas, so that adequate police protection cannot be provided the
remainder of the City;
(2) The conduct of the special event will require the diversion of so great a number
of ambulances, so that adequate ambulance service to portions of the City not
occupied by the special event and contiguous areas will be prevented;
(3) The conduct of the special event is reasonably likely to result in violence to
persons or property causing serious harm to the public;
(4) The special event is to be held for the primary purpose of advertising a product,
or goods, and is designed to be held primarily for private profit and no public
purpose is served;
(5) The special event will interfere with the movement of firefighting equipment to
such an extent that adequate fire protection cannot be provided to the City; or
(6) The special event will conflict in time and location with another special event, a
permit for which has been granted.
(1) The City may establish appropriate fees for issuance of such permit by resolution of the
City Council.
SECTION 3.
PENALTY FOR VIOLATION
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 no more than Two Thousand Dollars ($2,000.00) for all violations involving zoning and
Five Hundred Dollars ($500.00) for all other offenses, and in addition shall pay all costs and
expenses involved in the case. Each day a violation occurs is a separate offense. Nothing
herein contained shall prevent the City from taking such other lawful action as is necessary to
prevent or remedy any violation.
SECTION 4.
CUMULATIVE CLAUSE
This Ordinance shall be cumulative of all provisions of all existing ordinances and of the
Kennedale City Code (1991), as amended, including but not limited to all ordinances of the City
of Kennedale affecting parks or alcohol, and shall not repeal any of the provisions of such
ordinances except in those instances where provisions of such ordinances are in direct conflict
with the provisions of this ordinance.
SECTION 5.
SEVERABILITY CLAUSE
It is hereby declared to be the intention of the City Council that the phrases, clauses,
sentences, paragraphs, and sections 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 6.
SAVINGS CLAUSE
All rights and remedies of the City of Kennedale are expressly saved as to any and all
violations of the provisions of the Kennedale City Code (1991), as amended, or any other
ordinances regarding parks or alcohol that 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 7.
PUBLICATION
The City Secretary of the City of Kennedale is hereby directed to publish in the official
newspaper of the City of Kennedale the caption penalty clause publication clause and effective
date clause of this ordinance as provided by Section 3.10 of the Charter of the City of
Kennedale.
SECTION 8.
EFFECTIVE DATE
This Ordinance shall be in full force and effect from and after its passage and publication
as required by law, and it is so ordained.
PASSED AND APPROVED ON this the day of 4 4W& - - 2010.
Bryan Lankhorst, Mayor
ATTE
Kelly C96po?, Interid City Secretary
APPROVED AS TO FORM AND LEGALITY:
City Attorney
INVOICE
Star - Telegram
400 W. 7TH STREET
FORT WORTH, TX 76102
(817) 390 -7761
Federal Tax ID 26- 2674582
Bill To:
CITY OF KENNEDALE
405 MUNICIPAL DR
KENNEDALE, TX 76060 -2249
CITY OF
Misc Fee
THE
Before
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that th
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i County and State, this day personally appeared, Deborah Baylor Norwood, Bid and Legal Coordinator for
Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say
nent was published in-the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM
SUBSCRIBED AND SWORN TO BEFORE ME, T1
Notary
Thank You For Your Payment
PU I3580
Customer ID:
CIT33
Invoice Number:
313315881
Invoice Date:
12/1/2010
Terms:
Net due in 21 days
Due Date:
12/31/2010
PO Number:
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Order Number:
31331588
Sales Rep:
073
Description:
CITY OF KENNED
Publication Date:
12/1/2010
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ordinance as provided by Section`,
3.10 Ken the Charter of the City
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a
and approved by , ,
the City Council of the Citv of
INVOICE
Star - Telegram
400 W, 7TH STREET
FORT WORTH, TX 76102
(817) 390 -7761
Federal Tax ID 26- 2674582
Bill To:
CITY OF KENNEDALE
405 MUNICIPAL DR
KENNEDALE, TX 76060 -2249
' ) J ,
CITY
Misc I
I3580
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Customer ID:
CIT33
Invoice Number:
312832251
Invoice Date:
10/28/2010
Terms:
Net due in 21 days
Due Date:
10/31/2010
PO Number:
Order Number:
31283225
Sales Rep:
073
Description:
CITY OF KENNED
Publication Date:
10/28/2010
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THE to attend the hearings to offer 40
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written comments to the city '.
Secretary's Office, 405 Municipal
Dr Kennedale, TX 76060, prior to
Befor the hearings. id County and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for
the Star- a egra , puousneu uy am _, `r- Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say
that the attached clipping of an advertisement was publish e in the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM
(817) 390 -7501
Signed & ��V - � - b !/ \ \3 crr�
SUBSCRIBED AND SWORN TO BEFORE ME, THIS Friday, Oct !h22010.
Notary Public
Thank You For Your Payment