(A) The possession or consumption of alcoholic beverages, toxic drugs, narcotic drugs or any substance which is classified as a "CONTROLLED SUBSTANCE" under state or federal law is prohibited in all city parks and all public street rights-of-way abutting such parks and at the Community Center except as follows:
(1) A person may possess or use prescription drugs which have been prescribed for that individual by a physician licensed to prescribe the particular drug or drugs being used, so long as such drug or drugs are only being used by the person for whom they have been prescribed and are being used in strict compliance with the instructions of the physician prescribing them; and
(2) A person or persons may possess or consume beer, wine, and/or mixed beverages if a permit has been obtained from the city in the manner set forth in division (B) of this section and if the person or persons selling, possessing, and/or consuming the beer, wine, and/or mixed beverages are doing so in strict compliance with the terms of a permit received from the city and any other applicable law or permit requirements.
(B) An event coordinator desiring to sell or have beer, wine, and/or mixed beverages available for consumption for a special event in Friendship Park, including the Community Center, United Friendship Amphitheater, and Royalty Park, essentially the block west of Davy from Kramer to Williams, may make an application to the City Manager or his or her designee for a permit to do so. The "EVENT COORDINATOR" is the person making the application and who will be responsible for compliance with this chapter. In addition to the information required for other permits provided by this chapter, the city staff may request such additional information as may be reasonably required so that they can evaluate the application to ensure that the sale, possession, or consumption of beer, wine, and/or mixed beverages will not violate any applicable law or regulation applicable to the use of the park or the Community Center or create a nuisance to adjoining areas. The city may require the applicant and any other person working at the city facility during the proposed event to consent to a criminal history check as a condition for the issuance of a permit. The city may specify terms and conditions to the issuance of a permit, which are in addition to the terms and conditions otherwise provided by this chapter (including additional insurance coverage) to accomplish the purposes of this division.
(1) The city may charge an application fee for each application submitted pursuant to this division (B). The amount of said application fee shall be established, from time to time, by resolution of the Board of Commissioners based upon the recommendation of the City Manager. In addition, the city may charge, in advance, upon filing an application, an amount equal to its estimated cost, which will be payable to third parties in processing an application, such as the cost of a criminal history check.
(2) The application for a permit for the sale, possession, or consumption of alcoholic beverages shall be submitted to the City Manager and Chief of Police for a determination as to whether the permit should be issued and as to what terms and conditions should be required for the issuance of a permit.
(3) Any special event under this section, except events that are confined solely to the Community Center, shall include a fee of $30.00 per hour for each required officer. The Chief of Police will determine the number of officers required for an event. Unless otherwise authorized by the Chief of Police, the officers used at the event will be Burkburnett police officers. The security requirement for the Community Center is found in § 97.37 of this code.
(4) For purposes of this division (B), a "PUBLIC EVENT" includes any of the following:
(a) Any event which is advertised as being open to the public;
(b) Any event which is not restricted to a definable group of people so that the event coordinator is unable to estimate the maximum number of persons who will be permitted to participate in the event; or
(c) Any event for which a fee or any type of consideration is required for admission by participants.
(5) For purposes of this division (B), a "PRIVATE EVENT" is any event which is not a public event.
(Ord. 339, passed 10-18-76; Am. Ord. 629, passed 3-4-02; Am. Ord. 728, passed 11-20-06; Am. Ord. 963, passed 1-3-20; Am. Ord. 992, passed 1-18-21) Penalty, see § 97.99