§ 5-3. Possession, use, consumption or sale of alcoholic beverages on premises owned or operated by the city.

(a)

Prohibition. The possession, use, consumption or sale of alcoholic beverages is hereby prohibited in or on the following premises:

(1)

It shall be unlawful for any person to possess, use, consume or sell any alcoholic beverage, as defined in the Texas Liquor Control Act now, or as amended, on any athletic premises owned or operated by the City of Eagle Pass, while such field is being used for recreational purposes.

(2)

It shall be unlawful for any person to possess, use, consume or sell any alcoholic beverage, as defined in the Texas Liquor Control Act now, or as amended, within the enclosed area of any swimming pool owned or operated by the city, while such swimming pool is being used for recreational purposes.

(3)

It shall be unlawful for any person to possess, use, consume or sell any alcoholic beverage, as defined in the Texas Liquor Control Act now, or as amended, within the facility known as the Multi-Purpose Center while such facility is being used for recreational purposes.

(b)

Exempted premises:

(1)

Nothing in this section shall be construed so as to prohibit possession, use, or consumption of any alcoholic beverage, as defined in the Texas Liquor Control Act now, or as amended, at the facility known as Fort Duncan Baseball Field.

(2)

Nothing in this section shall be construed so as to prohibit possession, use, or consumption of any alcoholic beverage, as defined in the Texas Liquor Control Act now, or as amended, at the facility known as Jaycee Park, because of the large picnic area within said park.

(3)

Nothing in this section shall be construed so as to prohibit possession, use, consumption or sale of any alcoholic beverage, as defined in the Texas Liquor Control Act now, or as amended, on any property owned or operated by the City of Eagle Pass and which falls within the prohibitions of this section when permission for such use of such property has been properly secured in the manner provided for in paragraph (c) of this section.

(c)

Application for exemption from prohibitions; conditions. Individuals or entities may make application to the director of parks and recreation of the City of Eagle Pass for permission to be exempted from the prohibitions of this section. Upon review of such application, the parks and recreation director may grant such permission for exemption by specific written act only, which writing shall be kept readily available by such exempted individuals or entities for inspection upon request of any member of the police department of the city, and a copy of such permit shall be forwarded immediately to said police department by the parks and recreation director upon issuance. Permission for exemption may be granted by the parks and recreation director only under the following conditions:

(1)

When the city is sponsoring an event at any of the areas enumerated in subsections (a)(1)—(3) of this section at which it is deemed appropriate to possess, use, consume or sell alcoholic beverages, as defined in the Texas Liquor Control Act now, or as amended, and the city assumes responsibility for proper security at such event.

(2)

When an appropriate athletic premises, swimming pool, or the Multi-Purpose Center has been rented, leased or let free of charge to a private individual or entity who desires that possession, use, consumption and sale of alcoholic beverages, as defined in the Texas Liquor Control Act now, or as amended, be permitted and whose application the parks and recreation director has found specifically to be nondetrimental to the city and who has met the security requirements stipulated by the parks and recreation director.

(3)

When the city manager of the City of Eagle Pass has determined the sites for the appropriate and permissive site for public rides, displays, exhibitions, and other associated carnival and fair activities as provided by Ordinance No. 84-04.

(d)

Enforcement. This section shall be enforced by the parks and recreation director. It shall be the duty of the parks and recreation director to investigate any violations of this section coming to his attention, whether by complaint or arising from his own personal knowledge, and if a violation is found to exist, he shall prosecute a complaint before the municipal court pursuant to the provisions of this section; provided, however, that such complaint shall not be filed until and after such violator has first received a first warning and provided such warning has not been heeded by the violator. It shall be the duty of the police department of the city to issue a citation and to file a complaint in municipal court, after the issuance of a first warning, for any violations of this section of which the police department may become aware during the course of its normal duties.

(e)

Penalties for violation. Any individual or entity violating this section, subject to the exemptions in subsections (b)(1)—(3) of this section, shall upon conviction thereof be fined not less than twenty-five dollars ($25.00) nor more than two hundred dollars ($200.00). Each day that such violation shall continue shall be considered a separate offense.

(Ord. No. 83-02, §§ 1—9, 2-1-1983; Ord. No. 84-05, 3-6-1984)

Editor's note

Ordinance No. 83-02, §§ 1—9, adopted Feb. 1, 1983, was not enacted as a specific amendment or addition to the Code, and hence is included herein as § 5-3 at the discretion of the editor.