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HomeMy WebLinkAboutORD 1988-063 ORDINANCE NO. 88-63 AN ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, AMENDING CHAPTER 16 , ARTICLE II OF THE GRAPEVINE CODE OF ORDINANCES BY PROVIDING A NEW SECTION 16-33 REGARDING ALCOHOLIC BEVERAGES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE �� SUM OF FIVE HUNDRED DOLLARS ($500 .00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH �,, AN OFFENSE OCCURS OR CONTINUES; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Texas Alcoholic Beverage Commission (the "Commission") rules and regulations prohibit persons from bringing alcoholic beverages onto the premises of establishments permitted by the Commission, with the exception of the delivery of alcoholic beverages to be sold on the licensed premises; and WHEREAS, the Grapevine Municipal Golf Course (the "Golf Course") is an establishment whose premises are permitted by the Commission for the sale, possession and consumption of alcoholic beverages; and WHEREAS, patrons of the Golf Course have been bringing alcoholic beverages onto the Golf Course in coolers; and WHEREAS, it is the desire of the City Council to prohibit the bringing of coolers onto the Golf Course, unless the owners of such coolers voluntarily consent to the search of said coolers by the Golf Course staff; and .� WHEREAS, the City Council hereby declares and determines w that the prohibition of alcoholic beveraqes and coolers on the Golf Course to be in the best interest of the health safety and welfare of the citizens of the City and the patrons of the Golf Course. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. The above premises are found to be true and correct and are incorporated into the body of this ordinance as though they were set forth in their entirety herein. Section 2 . That Chapter 16 , Article II of the Grapevine Code of Ordinances is hereby amended by the addition of a new Section 16-33 , which shall read as follows : "Section 16-33. Alcoholic Beverages and Coolers. (a) No alcoholic beverages shall be brought upon the premises of the Grapevine Municipal Golf Course "�""° except those alcoholic beverages delivered to the Golf Course for sale by the Golf Course. Any alcoholic beverages brought onto the Golf Course w�. must be removed from the premises by the person bringing said alcoholic beverage onto the premises. (b) No coolers shall be brought upon the premises of the Golf Course, provided, that if the person in possession of the cooler shall voluntarily consent to a search of the cooler by Golf Course personnel, then said person may bring a cooler onto the premises of the Golf Course. If a patron refuses to allow Golf Course personnel to search a cooler, said person may not bring said cooler onto the Golf Course premises, but said person shall be ,_allowed to enter the Golf Course without the _ cooler. (c) The appropriate signs shall be posted by the Golf Pro at the Golf Course advising patrons of the`.� terms and conditions of this ordinance. ��� (d) For the purposes of this ordinance, a "cooler" is an insulated container containing ice or other ��, frozen substances designed and utilized for keeping beverages or food cold and. " Section 3 . Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed Five Hundred Dollars ($500 . 00) for each offense and a separate offense shall be deemed committed upon each day during or on which an offense occurs or continues. Section 4. If any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereto any person or circumstances is held invalid or unconstitutional by a Court of competent jurisdiction, such holdings shall not affect the validity of the remaining portions of this ordinance; and the City Council hereby declares it would have passed such remaining portions of the ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 5. The fact that the present ordinances and regulations of the City of Grapevine, Texas, are inadequate to properly safeguard the health, safety, morals, peace, and general ' ' welfare of the public creates an emergency which requires that this ordinance become effective from and after the date of its ,� �, passage, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 20th day of the S �t mbPr . 1988 • APPROVED: YV Mayor ATTEST: Ci Secretary ��, APPROVED AS TO FORM: .wr � _���� � °=� " City Attorney