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2004-081S:\Our Documents\Ordinances\04~AIcohol in Civic Center Park. DOC ORDINANCE NO. / AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING SECTION 22-32 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON RELATING TO THE POSSESSION AND CONSUMPTION OF ALCOHOL IN THE C1VIC CENTER PARK AND BUILDINGS; PROVIDING FOR A PENALTY OF A FINE NOT TO EXCEED FIVE HUNDRED DOLLARS FOR EACH OFFENSE IN VIOLATION OF THE ORDINANCE; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. WHEREAS, Section 22-32 of the Code of Ordinances of the City of Denton, Texas currently permits the possession and consumption of alcohol in the Civic Center Building and the portion of the Civic Center Park not enclosed within the fence surrounding the city swimming pools; and WHEREAS, the City Council finds that Section 22-32 should be amended to restrict such possession and consumption of alcohol to City approved activities, events and rentals; and WHEREAS, the City Council of the City of Denton, Texas finds that it is in the public interest to adopt this ordinance; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference. SECTION 2. Section 22-26 of the Code of Ordinances of the City of Denton, Texas is hereby amended in its entirety to read as follows: Sec. 22-32. Possession and Consumption of Alcoholic Beverages. (a) It shall be unlawful for any person to consume or possess any alcoholic beverage while on the premises of any: (1) City park; (2) Public Improvement located within a city park; or (3) Vehicle parking area of any city park. (b) The prohibition contained in Section 22-32(a) shall not apply to the possession or consumption of an alcoholic beverage in the Civic Center Park, Civic Center Building, Emily Fowler Library and Senior Center during a City approved activity, event or rental of space where approval for the possession or consumption of alcoholic beverages is given in advance by the City. (C) For purposes of this section, the term "alcoholic beverage" is as defined in the Texas Alcoholic Beverage Code. SECTION 3. Any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $500.00. SECTION 4. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of other provisions or applications, and to this end the provisions of this ordinance are severable. SECTION 5. This ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the~ff~day of C/fft~ff~ ,2004. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: ~ Page 2