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2009-288-a, \\codad\departments\legahour documents\ordinances\09\denton air fair 2010 alcohol. doc ORDINANCE NO. 2&L-20 O AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AND AUTHORIZING THE CONCESSION TO METZLER'S FOOD AND BEVERAGE, INC. TO SELL ALCOHOLIC BEVERAGES AT DESIGNATED LOCATIONS DURING THE 2010 - DENTON AIR FAIR, INC. AIRSHOW EVENTS, UPON CERTAIN CONDITIONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Denton Air Fair, Inc. will hold an Airshow event at the Denton Municipal airport ("Airport") on June 19, 2010; and WHEREAS, Metzler's Food and Beverage, Inc. ("Metzler's") has requested and the Airport Advisory Board has recommended that Metzler's be granted the concession to sell alcoholic beverages at the Airport on the day indicated herein and approved by the City Manager or his designee; and WHEREAS, the City Council deems it in the public interest to authorize the City Manager or his designee to allow Metzler's the concession to sell alcoholic beverages for the 2010 Denton airshow event; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings set forth in the preamble of this Ordinance are incorporated by reference into the body of this Ordinance as if fully set forth herein. SECTION 2. The Denton Air Fair, Inc. is hereby authorized to contract with Metzler's to provide a concession to sell alcohol at the Denton Airport for the 2010 Denton Airshow on June 19, 2010, during the day under the conditions approved by the City Manager or his designee thereto subject to Metzler's compliance with all applicable local, state and federal laws, including without limitation, the Texas Alcoholic Beverages Code and upon the following additional conditions: 1. Metzler's shall provide security necessary for the sale of alcoholic beverages. 2. Metzler's shall provide Comprehensive General Liability Insurance with bodily injury limits of not less than $500,000 for each occurrence and not less than $500,000 in the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than $100,000 in the aggregate as required and approved by the City Manager or his designee and in compliance with applicable provisions of the City Code and all other applicable laws including the Texas Alcoholic Beverage Code. 3. Metzler's shall obtain and pay for all licenses and permits required to sell alcoholic beverages at the 2010 Denton Airshow including those required by the Texas Alcoholic Beverage Commission and the City. 4. Metzler's shall provide a true and correct copy of their liquor liability insurance policy to the City prior to serving any alcoholic beverages pursuant to this ordinance. Page 1 of 2 r \\codad\departments\legal\our documents\ordinances\09\denton air fair 2010 alcohol.doc 5. Metzler's shall agree to indemnify, hold harmless and defend the City against any liability relating to the sale of alcoholic beverages at the 2010 Denton Airshow and name the City as an additional insured on all -insurance policies. SECTION 3. This Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the el!C dC- ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: Page 2 of 2