O-2024-54 Amend Chapter 1, Adding Article 1.11 Downtown Prosper Entertainment DistrictTOWN OF PROSPER, TEXAS
ORDINANCE NO. 2024-54
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, AMENDING CHAPTER 1, "GENERAL PROVISIONS," OF THE CODE
OF ORDINANCES BY ADOPTING A NEW ARTICLE 1.11, "DOWNTOWN
PROSPER ENTERTAINMENT DISTRICT"; MAKING FINDINGS; PROVIDING
FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING
FOR A PENALTY; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING
FOR THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the Town of Prosper, Texas ("Town"), is a home -rule municipal corporation
duly organized under the laws of the State of Texas; and
WHEREAS, it is the desire of the Town Council that Downtown Prosper play and continue
to play a vital role in the cultural and social life of the Town, capitalizing on the Town's long history,
location and the unique role of Downtown Prosper in the events that regularly occur in the Town;
and
WHEREAS, Prosper, as a community that celebrates its culture, dining opportunities and
arts, is and has been supportive of more entertainment events in Downtown Prosper; and
WHEREAS, it is the intent of this Ordinance to define the boundaries of Downtown Prosper
as well as to provide for public and private collaboration in promoting entertainment, cultural,
dining and arts opportunities in Downtown Prosper; and
WHEREAS, the Town Council has determined it is in the best interests of the Town's
residents to establish a Downtown Prosper Entertainment District.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
The findings set forth above are incorporated into the body of this Ordinance as if fully set
forth herein.
SECTION 2
From and after the effective date of this Ordinance, Chapter 1, "General Provisions," of
the Code of Ordinances of the Town of Prosper, Texas, is hereby amended by adding a new Article
1.11, "Downtown Prosper Entertainment District," to read as follows:
"ARTICLE 1.11. DOWNTOWN PROSPER ENTERTAINMENT DISTRICT
Sec. 1.11.001 Creation of Downtown Prosper Entertainment District; Boundaries of
the Downtown Prosper Entertainment District
There is hereby created a Downtown Prosper Entertainment District. Its boundaries shall be as
follows: That area of the Town located between First Street and Fifth Street, and between
McKinley Street and Coleman Street.
Sec. 1.11.002 Purpose of the Downtown Prosper Entertainment District.
The purpose of the Downtown Prosper Entertainment District to provide an entertainment area in
Downtown Prosper that plays a vital role in the cultural and social life of the Town, capitalizing on
the Town's long history, location and the unique role of Downtown Prosper in the events that
regularly occur in the Town, as well as a showcasing Prosper as a community that celebrates its
culture, dining opportunities and arts, and is supportive of more entertainment events in
Downtown Prosper, including but not limited to interpretive, educational and recreational events.
Sec. 1.11.003 Authority of the Town.
The Town in its sole discretion may solicit grants and donations for the development of the
Downtown Prosper Entertainment District; and may participate in or provide incentives to persons
or entities to enhance the cultural, entertainment and arts events and opportunities in the
Downtown Prosper Entertainment District.
Sec. 1.11.004 Special Events in the Downtown Prosper Entertainment District.
(a) During a special event being held in the Downtown Prosper Entertainment District, open
containers may not be carried into or carried within and about said District unless such alcoholic
beverage is sold and dispensed by the holder of a valid, appropriate Texas Alcoholic Beverage
Commission alcoholic beverage permit during a Town -permitted special event within said
District.
(b) During a special event being held in the Downtown Prosper Entertainment District, any
alcoholic beverages that are consumed within said District must have been sold and dispensed
by the holder of a valid, appropriate Texas Alcoholic Beverage Commission alcoholic beverage
permit during a Town -permitted special event within said District.
(c) The Downtown Prosper Entertainment District shall be depicted on a map which shall be
maintained and available in the Town Secretary's office and shall be made a part of this section
by reference as if shown in its entirety.
(d) Any special event may be permitted for alcoholic beverages if such special event is held
in conjunction with a Town -sponsored or co -sponsored event that allows alcoholic beverages to
be dispensed and consumed.
Sec. 1.11.005 Waiver of Certain Distance Regulations for Special Events in the
Downtown Prosper Entertainment District.
Notwithstanding any provision of Article 4.02 of Chapter 4 of this Code, or the Town's Zoning
Ordinance, all as amended, Town -permitted special events within the Downtown Prosper
Entertainment District shall not be required to meet or comply with setback standards or
distance requirements for the sale or purchase of alcoholic beverages.
Sec. 1.11.006 Effect of Other Laws.
Nothing herein shall permit or otherwise authorize a violation of any applicable state law."
Ordinance No. 2024-54, Page 2
SECTION 3
All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the
extent they are in conflict. Any remaining portion of conflicting ordinances shall remain in full force
and effect.
SECTION 4
If any section, subsection, clause, phrase or provision of this Ordinance, or the application
thereof to any person or circumstance, shall to any extent be held by a court of competent
jurisdiction to be invalid, void or unconstitutional, the remaining sections, subsections, clauses,
phrases and provisions of this Ordinance, or the application thereof to any person or
circumstance, shall remain in full force and effect and shall in no way be affected, impaired or
invalidated.
SECTION 5
This Ordinance shall take effect and be in full force from and after its passage and
publication, as provided by the Revised Civil Statutes of the State of Texas and the Home Rule
Charter of the Town of Prosper, Texas.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, ON THIS THE 13T" DAY OF AUGUST, 2024.
APPROVED:
_ -015— /
David F. Bristol, Mayor
ATTEST:
Michelle Lewis Sirianni, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
Terrence S. W Ich, Town Attorney
Ordinance No. 2024-54, Page 3