§ 4-5 POSSESSION OR CONSUMPTION NEAR HOMELESS SHELTERS OR SUBSTANCE ABUSE CENTERS.

   (a)   No person may possess an open container or consume an alcoholic beverage on a public street, public alley or public sidewalk within 1,000 feet of the property line of a homeless shelter that is not located in a central business district or a substance abuse treatment center that is not located in the central business district.

   (b)   Special temporary events/activities/festivals approved by the city council and events/activities/festivals lasting no longer than three days that are open to the public for the purpose of providing entertainment/food and/or sales of merchandise are exempt from the provisions of subsection (a) above.

   (c)   For purposes of this section, the following definitions will apply.

      CENTRAL BUSINESS DISTRICT. A compact and contiguous geographical area of a municipality used for commercial purposes that has historically been the primary location in the municipality where business has been transacted.

      HOMELESS SHELTER. A supervised publicly or privately operated shelter or other facility that is designed to provide temporary living accommodations to individuals who lack a fixed regular and adequate residence.

      OPEN CONTAINER. A container that is no longer sealed or the meaning assigned by Tex Alcoholic Beverage Code § 109.35, whichever is more restrictive.

(Ord. 17689, § 1, passed 8-9-2007)

§ 4-6 POSSESSION OR CONSUMPTION OF ALCOHOL IN CERTAIN PUBLIC PLACES.

   (a)   Definitions. For the purposes of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning:

   OPEN CONTAINER. A container that is no longer sealed.

   WEST 7TH AREA. The area as depicted in Appendix A to this chapter.

   (b)   A person commits an offense if he possesses an open container of, or consumes, an alcoholic beverage in or on any public street, sidewalk, alley or pedestrian way located in the West 7th Area as defined in this section.

   (c)   It is a defense to prosecution under subsection (b) if the person:

      (1)   Was attending a special event that was authorized by the City and for which a valid permit or license to sell or serve alcoholic beverages was issued by the Texas Alcoholic Beverage Commission:

      (2)   Was inside a building not owned or controlled by the City;

      (3)   Was inside a residential structure;

      (4)   Was within the area of an establishment licensed by the Texas Alcoholic Beverage Commission for alcohol consumption on the premises;

      (5)   Was within the area authorized for a sidewalk cafe as described in Article IX, Chapter 20, evidenced by a properly issued permit.

   (d)   Nothing in this section is intended to prohibit or otherwise control the manufacture, sale, distribution, transportation, or possession of alcoholic beverages, except to the extent allowed by state law.

   (e)   Each violation of Section 4-6 is a Class C Misdemeanor and shall be punishable by a fine of not more than five hundred dollars.

§ 4-7 PENALTY.

   Any person who shall fail to pay any tax or fee prescribed by this chapter and secure a permit before engaging in any business for which the payment of any such fee and securing of any such permit is required by the terms of this chapter, or who shall engage in any such business without holding an unrevoked or unexpired permit from the city authorizing the same shall be in violation of this chapter. Each violation is a Class C Misdemeanor and shall be punishable by a fine of not more than five hundred dollars, as provided in § 1-6 of this code.

(1964 Code, § 5-5) (Ord. 17689, § 1, passed 8-9-2007; Ord. 25836-11-2022, § 1, passed 11-8-2022, eff. 11-16-2022)

APPENDIX A: WEST 7 TH ORDINANCE BOUNDARY

(Ord. 25836-11-2022, § 1, passed 11-8-2022, eff. 11-16-2022)