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2008-105• s:\our documents\ordinances\Mdenton air fair alcohol sell.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AND AUTHORIZING THE DENTON AIR FAIR, INC. TO HOLD AN AIR FAIR AT THE DENTON MUNICIPAL AIRPORT ON JUNE 14, 2008, AUTHORIZING THE CONCESSION TO METZLER'S FOOD AND BEVERAGE, INC. TO SELL ALCOHOLIC BEVERAGES AT PLACES AND LOCATIONS DURING THE 2008 AIR FAIR EVENTS, UPON CERTAIN CONDITIONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Denton Air Fair, Inc. desires to hold an Air Fair event at the Denton Municipal Airport ("Airport") on June 14, 2008; 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; 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 14, 2008, and to allow Metzler's the concession to sell alcoholic beverages for the-2008 Denton Air Fair 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 2008 Denton Air Fair on June 14, 2008 during the day 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 in the amount of $10,000,000 and additional insurance 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. 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. S:\Our Documents\0rdinances\08\Dcnton Air Fair alcohol sell.doc 4. Denton Air Fair, Inc. shall obtain and pay for all licenses and permits required to conduct the 2008 Denton Air Fair. 5. Metzler's shall obtain and pay for all licenses and permits required to sell alcoholic beverages at the 2008 Denton Air Fair 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 the City against any liability relating to the 2008 Denton Air Fair and name the City as an additional insured on all insurance policies. 8. Metzler's shall agree to indemnify the City against any liability relating to the sale of alcoholic beverages at the 2008 Denton Air Fair 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. /~j~ PASSED AND APPROVED this the J' day of (bo-Z.- 12008. PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY P BY: Page 2 of 2