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HomeMy WebLinkAbout026773 RES - 05/09/2006RESOLUTION AUTHORIZING THE CITY MANAGER, OR THE CITY MANAGER'S DESIGNEE, TO PETITION THE TEXAS ALCOHOLIC BEVERAGE COMMISSION TO GRANT AN ORDER AUTHORIZING THE CITY TO PROHIBIT THE POSSESSION OF AN OPEN CONTAINER OF AN ALCOHOLIC BEVERAGE WITHIN THE CENTRAL BUSINESS DISTRICT. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: WHEREAS, under §109.35 of the Texas Alcoholic Beverage Code, the City of Corpus Christi ("City') can petition the Texas Alcoholic Beverage Commission ( "Commission ") for an order authorizing the City Council to adopt an ordinance prohibiting the possession of an open container of an alcoholic beverage and the public consumption of an alcoholic beverage within the Corpus Christi Central Business District ( "District "); and WHEREAS, the unregulated public possession and consumption of alcohol has created numerous public safety and nuisance problems; and WHEREAS, the District is a compact and contiguous geographical area of the City in which at least ninety percent (90%) of the land is used for commercial purposes and has historically been the primary location within the City where business has been transacted , and WHEREAS, the City Council finds that within the District there are individuals who engage in activities that create nuisances and pose threats to the health and safety of the citizenry of the City; and WHEREAS, the sometimes offensive and dangerous behavior of said individuals is often associated with their consumption of an alcoholic beverage; and WHEREAS, the City Council finds that the above described activities may hinder the efforts of the City to include those of merchants located with the District, in attracting citizens and visitors to the City in general, as well as to said District; and WHEREAS, the City Council recognizes that the possession of an open container of an alcoholic beverage and public consumption of an alcoholic beverage within the District are risks to the health, safety and general welfare of the citizenry of Corpus Christi, as well as to that of visitors to the City; and WHEREAS, the City Council deems it necessary and proper and in the best interests of the citizenry of the City to petition the Commission for an order authorizing said City Council to adopt an ordinance prohibiting the possession of an open container of an alcoholic beverage and the consumption of an alcoholic beverage within the District: NOW THEREFORE BE IT RESOLVED BY THE CITY OF CORPUS CHRISTI THAT: SECTION 1. The City Council finds that the possession of an open container of an alcoholic beverage and public consumption of the same within the District are risks to the health, safety and general welfare of the citizenry of the City; SECTION 2. It is in the citizenry's best interests to petition the Commission for an order authorizing the City Council to adopt an ordinance prohibiting the possession of an open container of an alcoholic beverage and the consumption of an alcoholic beverage within the District; SECTION 3. The City shall provide a copy of this resolution as a petition to the Commission, at the earliest possible date, for an order authorizing the City Council to adopt an ordinance prohibiting the possession of an open container of an alcoholic beverage and the consumption of an alcoholic beverage within the District; and SECTION 4. The City shall attach to said petition a copy of the map depicting the District to be covered by said prohibitions, as well as such other information as may be beneficial to said Commission regarding these matters. ATTEST: /7 1 Armando Chapa Hen Garrett City Secretary Mayor THE C OF CORPUS CHRISTI Approved as to form 2e `r'v ., , 2006 Joseph Ha ey Assistant City Attorney For City Attorney Corpus Christi. Texas of 2006 The above resolution was passed by the following vote: Henry Garrett Brent Chesney John E Marez Melody Cooper Jerry Garcia Bill Kelly Rex A Kinnison Jesse Noyola Mark Scott r,