HomeMy WebLinkAbout027056 ORD - 11/14/2006AN ORDINANCE
AMENDING THE CODE OF ORDINANCES CHAPTER 4,
ALCOHOLIC BEVERAGES, BY ADDING SECTION 4-8, OPEN
CONTAINERS AND CONSUMPTION OF ALCOHOLIC
BEVERAGES PROHIBITED IN CERTAIN PUBLIC PLACES;
PROVIDING FOR SEVERANCE, PROVIDING FOR
PUBLICATION, PROVIDING FOR PENALTIES, AND
DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That Chapter 4, Alcoholic Beverages is amended by adding Sec. 4-
8, Open Containers and consumption of alcoholic beverages prohibited in certain
public places, to read as follows:
S. 4-&. Open cont*ers and consumption of alcoholic beverages
bid in certainlic places.
(al Definitions:
Cgrous Qhristi Central_ usiness District shall mean the area contained within the
map submitted to Texas Alcoholic Beverage Commission for approval. a copy of
witch is on file with thq City Secretary and incorporated here by reference, with
the botsideries beginr*ig on Buford. at the intersection with Shoreline, then west
to iklarnecla. north to Ljpan. west to Josephine. north to the alley way between
Mestina and Leopard, then west on the alley wav to Coke Street, then south to
Crynmanche, then we to Palm Drive. then north to Uo River Road. then west to
the Wooillwwn Shopping Center, then southwest to the southerly point of the
Vlibodlawn Shaping Center. then northwest to the intersection of Elmore and
Lspoard to include the Woodlawn Shopoing Center. then east on Leopard to
Oyer Ct., then northeast to the Oliver Ct. dead -end and along the property line
to 13uddv Lawrence, ton southeast to Nueces Bay Blvd., to include the shopping
center and U.S. Post Office. then north to the northside frontage road on
Inrstaa 37. then east to Rargirea. then northwest to Waco. then northeast to
1Afiost Broadway. to inclde the Old Bayview Cemetery. then along West,
Broadway, then north from the end of Stillman Road to Harlor Drive, then east
or Harbor Drive to Chaparral Street. then to tjle midwavDoint of the Harbor
Bridge. then east into a Corpus Christi Bay to indude the spoil island off the
barge dock. continuinasouth to include all the T- Heads. then to Shprrline Drive,,
just before McGee Beach. and south to the point of beginning at Buford.
Olen container shall mean a container that is no longer sealed.
(b) A Person commit; an offense if he or she possesses ap open container of or
ccrsumes an alcoholic beverage within the Corpus Christi Central Business
Ditrict.
(c) It is a defense to prosecution under subsection (b) of this section that the
person:
(1) Was in attendance at an event that was authorized by the City
Manager or the City Manager's designee;
(2) Was withirithe area of an establishment licensed by the Texas
Alcoholic Bevel ae Commission for alcohol consumption on the premises;
(3) Was inside a motor vehicle:
(4) Was inside a building not owned or controlled by the city: or
(5) Was inside a residential structure or on residential property with the
owner's consent.
(d) If a Person Possesses or has in his Possession an open container
sgecificallv made for the purpose of c ontainina an alcoholic beverage and
labeled es containing #n alcoholic beverage. it shall be presumed that any
c gptent Cher : "n is an alcoholic beverage.
(e) Nothing in this section is intended to prohibit or otherwise control the
mjrufure, sale. di*ribution. transportation. or possession of alcoholic
beverages, except to the extent allowed by state law.
SECTION 2. If for any reason any section, paragraph, subdivision, clause,
phrase, word or provision of this ordinance shall be held invalid or
unconstitutional by final judgment of a court of competent jurisdiction, it shall not
affect any other section, paragraph, subdivision, clause, phrase, word or
provision of this ordinance, for it is the definite intent of this City Council that
every section, paragraph, subdivision, clause, phrase, word or provision hereof
be given full force and effect for its purpose.
SECTION 3. Publication shall be made in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Christi.
SECTION 4. Penalties are as provided in Section 1-6.
SECTION 5. That upon written request of the Mayor or five Council Members,
the City Council (1) finds and declares an emergency due to the need for
Corpus Christi, Texas
day of 200E1,
TO THE MEMBERS OF THE CITY COUNCIL:
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance, an emer-
gency exists requiring suspension of the Charter rule as to consideration and voting
upon ordinances at two regular meetings: I/we, therefore, request that you suspend
said Charter rule and pass this ordinance finally on the date it is introduced or at the
present meeting of the City Council.
Respectfully,
Council Members
The above ordinance
Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
BiII Kelly
Rex A. Kinnison
John E. Marez
Jesse Noyola
Mark Scott
Respectfully,
He ry Garr
Mayor
was passed by the following vote:
7 0 5 6
of F xas
a'o r tv of Nueces
e
PUBLISHER'S AFFIDAVIT
CITY OF CORPUS CHRISTI
is Ad # 5617097
PO #
ire me the undersigned, a Notary Public, this day personally came Sandra
- )r =In), ) being firs, duly sW0111, according to law, says that she is Legal
Sales Re resentative ; ,f the Corpus Christi Caller - Times, a daily newspaper
,)ur)Lshr°cl at Cori us hristi in said City and State. generally circulated in
\r. =csas f3ee. Brooks. Duval Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg,
iv Nueces. Refugio, San Ruricio, Victoria and Webb Counties, and that
hf 7u1-> ation ',T, NOTICE OF PASSAGE OF ORDINANCE NO. which the
l e xec a tr of opy was i'l serted in the Corpus Christi Caller -Times and on
he e Wide Web in the Caller -Times Interactive on the 20TH day(s) of
NOVEMBER, 200(
,4
0:4,6641-LI
Legal Sales Representative
TWO Time(s)
'iubscribed and sworn to me on the date of
c��Zt O .,
Notary Public, Nueces County, Texas
Michelle Cabrera
Prini or Type Name of Notary Public
My commission expires on Ma
444‘ MICi iELLE JOYCE CABRERA
"f MY COMMISSION EXPIRES
March 19, 2008
November 20, 2006 • Monday
i NOTICE OF PASSAGE
OF 27056 NO.
Ordinance amending
the Code of Ordinance, ;
Chapter 4, Alcoholic
Beverages, by adding
Section 4 -8, Open
Containers and
Consumption of
Alcoholic Beverages
Prohibited in cett,9in
public places;
providing for penalties.
This ordinance was
Passed and approved
by the City oCoun l of
Christi on November I
14, 2006,
/s/ Armando
City of Corpus