2008-255.s
sAour documents\ordinances\08\denton air fair alcohol sell 2009.doc
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AND
AUTHORIZING THE DENTON AIR FAIR INC. TO HOLD AN AIRSHOW AT THE
DENTON MUNICIPAL AIRPORT ON JUNE 20, 2009 AND AT FUND RAISING EVENTS
CONDUCTED IN CONJUNCTION WITH AND PRIOR TO THE AIRSHOW ON SUCH
DATES AS ARE RECOMMENDED BY THE AIRPORT ADVISORY BOARD AND
APPROVED BY THE CITY MANAGER OR HIS DESIGNEE, AUTHORIZING THE
CONCESSION TO METZLER'S FOOD AND BEVERAGE, INC TO SELL ALCOHOLIC
BEVERAGES AT DESIGNATED LOCATIONS DURING THE 2009 AIRSHOW EVENTS,
UPON CERTAIN CONDITIONS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Denton Air Fair, Inc. desires to hold an Airshow event at the Denton
Municipal Airport ("Airport") on June 20, 2009 and at fund raising events conducted in
conjunction with and prior to the Airshow on such dates as are recommended by the Airport
Advisory Board and approved by the City Manager or his designee; 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 approve the Denton Air
Fair, Inc. to hold an Airshow at the Denton Municipal Airport on June 20, 2009 and at fund
raising events conducted in conjunction with and prior to the Airshow on such dates as are
recommended by the Airport Advisory Board and approved by the City Manager or his designee,
and to allow Metzler's the concession to sell alcoholic beverages for the 2009 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 hold an airshow at the
Denton Municipal Airport and Metzler's is hereby authorized to have a concession to sell alcohol
at the Denton Airport for the 2009 Denton Airshow on June 20, 2009, during the day and at fund
raising events conducted in conjunction with and prior to the Airshow on such dates as are
recommended by the Airport Advisory Board and 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. Denton Air Fair, Inc. shall provide general comprehensive liability insurance and
additional insurance as required and approved by the City Manager or his
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sAour documents\ordinances\08\denton air fair alcohol sell 2009.doc
designee and in compliance with applicable provisions of the City Code and all
other applicable laws.
3. 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.
4. Denton Air Fair, Inc. shall obtain and pay for all licenses and permits required to
conduct the 2009 Denton Airshow.
5. Metzler's shall obtain and pay for all licenses and permits required to sell
alcoholic beverages at the 2009 Denton Airshow including those required by the
Texas Alcoholic Beverage Commission and the City.
6. 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.
7. Denton Air Fair, Inc. shall agree to indemnify, hold harmless and defend the City
against any liability relating to the 2009 Denton Airshow and name the City as an
additional insured on all insurance policies.
8. Metzler's shall agree to indemnify, hold harmless and defend the City against any
liability relating to the sale of alcoholic beverages at the 2009 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 -IV day of 2008.
C4e B HS, AYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: v
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