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09.22.26 Town Council Meeting Presentation Work SessionWelcome to the September 22, 2026, Prosper Town Council Work Session Call to Order/Roll Call. Agenda Item 1. Discussion regarding open container rules in Downtown Prosper. (RB) Open Containers in Downtown Prosper September 22, 2026 •Review the history of Local Option Elections in Prosper •Understand the types of TABC permits allowed in Prosper •Clarify off-premise consumption and selling alcohol “to-go” •Explain what the Downtown Entertainment District is and what it does •Clarify alcohol sales during special events •Explain enforcement responsibilities Presentation Goals •May 2004 – Approved sale of beer and wine for off -premise consumption •May 2006 – Approved sale of mixed beverages in restaurants with food and beverage certificate •November 2012 – Denied sale of all alcoholic beverages for off-premise consumption •November 2020 – Approved (1) sale of all alcoholic beverages for off-premise consumption; and (2) sale of mixed beverages in restaurants with food & beverage certificate Local Option Elections in Prosper •MB with FB – Mixed Beverage Permit with Food and Beverage Certificate •BG with FB – Wine and Malt Beverage Retailer’s Permit •BE with FB – Retail Dealer’s On-Premise License (Beer Only) •BQ – Wine and Malt Beverage Retailer’s Off-Premise Permit •P – Package Store Permit •Q – Wine-Only Package Store Permit TABC Permits Allowed in Prosper •FB – Food and Beverage Certificate; required in Prosper for holders of a Mixed Beverage (MB), Beer only (BE) or Wine and Malt Beverage (BG) permit (holder must be defined as a “restaurant” by TABC standards; alcohol sales must be 60% or less of total sales) •BP – Brewpub License; for holders of a Mixed Beverage (MB), Beer only (BE) or Wine and Malt Beverage (BG) permit (authorizes holder to brew, bottle, can, package and label malt beverages) TABC Subordinate Permits Allowed in Prosper What it means •Sale of closed container intended for consumption away from the point of sale •Example: purchasing a bottle of wine at a grocery store, convenience store or package store and drinking it at home. What is “Off-Premise Consumption?” What it does not mean •Sale of an open container that is allowed to leave the premises •Example: purchasing a beer at a restaurant and leaving with the open container.r What it means •Sale of alcohol in original packaging, or sealed by the permit holder •Alcohol must accompany a food purchase •Alcohol is intended for consumption away from the point of sale •Example: purchasing a beer or mixed drink from a restaurant with a food purchase, and drinking it at home.s •For What Is Selling Alcohol “To-Go?” What Is Selling Alcohol “To-Go?” What it does not mean •Sale of alcohol in an open or unsealed container that is allowed to leave the premises •Example: leaving a restaurant with an open bottle of beer, glass of wine, or mixed drink. •Ordinance 2024-54 created the Downtown Prosper Entertainment District •Boundaries: First Street to Fifth Street; Coleman to McKinley •What it does: allows the sale of alcohol within the District by TABC-permitted establishments during special events •What is does not do: allow individuals to leave TABC-permitted establishments with open containers 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. Downtown Prosper Entertainment District •What is allows: •TABC-permitted establishments may hold events outside their premises, or participate in events at a temporary location. •Must submit a Temporary Event Approval Form to TABC. •TABC generally requires the area where alcohol will be sold to be fenced. F hld TABC Temporary Event Permit Required if the event has any of the following: •Alcohol Sales •Street Closures/barricades needed •Fireworks •Food trucks •Live Music/Stage •Public Safety Impact •Town Services Required When in doubt, fill out a Special Event Permit Application on the Citizens Self Service Portal! Town Special Event Permit TABC Enforces: •TABC Licensing and Permitting •Adherence with TABC Code and Administrative Rules •Violations include •Serving to minors •Selling during prohibited hours •Serving alcohol to an intoxicated person •Allowing restaurant patrons to take open containers of alcoholic beverages off the premises •Violation may result in warning, criminal charges, or revocation of TABC permit TABC Enforcement The Town Enforces: •Town Special Event Permits •Adherence to local ordinances •Violations include •Operating without a Certificate of Occupancy •Operating a use not listed on the Certificate of Occupancy •Creating a nuisance (noise, disturbance, public intoxication) •Driving Under the Influence (DUI) •Violation may result in warning, criminal charges, or revocation of Certificate of Occupancy Town Enforcement •The Town and TABC work jointly to manage appropriate alcohol sales and service within the Town •The Town has policies in place to support events that sell alcoholic beverages. We’re here to help! •TABC enforces TABC Code and Rules •Town enforces local ordinances and state law •When in doubt, contact Town officials and/or TABC Conclusion •Late Hours sale and consumption of alcohol is currently not permitted in Prosper. Code of Ordinances is silent on the matter. •TABC interpretation is unless there is an ordinance to prohibit, County may authorize a late hours permit. •Proposed ordinance on October 13 that would prohibit the late hours sale and consumption of alcohol, consistent with current policy. Late Hours Sale and Consumption of Alcohol TABC Permit Information TABC Arlington Regional Office 2225 East Randol Mill Road, Suite 200 Arlington, TX 76011 Phone:817-607-2400 TABC Code and Rules TABC Education Center TABC License and Permit Applications •For holders •For TABC Resources Town of Prosper Local Alcohol Permit Information Town Secretary’s Office Email: townsecretary@prospertx.gov Phone : 972-569-1073 Town of Prosper Special Event Permit Application (Citizens Self-Service Portal) Town of Prosper Building Inspections Email: permits@prospertx.gov Phone: 972-569-1088 Town of Prosper Resources Robyn Battle, Executive Director 972-569-1011 rbattle@prospertx.gov Michelle Lewis Sirianni, Town Secretary 972-569-1073 mlsirianni@prospertx.gov www.prospertx.gov/425/Alcohol-Permits Michelle White, Permit Technician Manager 972-569-1088 mwhite@prospertx.gov www.prospertx.gov/332/Building-Inspections Town of Prosper Contacts Thank you! Questions and Discussion Agenda Item 2. Receive TxDOT update regarding FM 1385. (HW) September 22, 2026 Town of Prosper Council Work Session TxDOT Dallas District Update Travis Campbell, P.E. Director of Transportation, Planning and Development 26 Connecting you with Texas. 27 Connecting you with Texas. FM 1385– Denton County •FM 1385 broken out into 3 projects. •Targeting $40M - $80M •Prioritization of limited ROW funds •Prioritization of utility relocation resources •Delivers improvements sooner •Segment 1 – US 380 to Union Park •Segment 2 – Union Park to Cotton Trail •Segment 3 – Cotton Trail to FM 455 28 Connecting you with Texas. TxDOT – Approved FY 2027 Unified Transportation Program Important Notes: •TxDOT UTP is a Plan – Not the Checkbook. Things can change. •Currently programmed in the “second half” of the UTP (FY 2031 – FY 2036) •FM 1385 is not currently in TxDOT’s Statewide Transportation Improvement Plan (STIP). This is TxDOT’s 4-Year Plan on roadway improvements. 29 Connecting you with Texas. FM 1385 – Phase 1 Breakout •Estimated Cost: $38.2M •Fully Funded in UTP •ROW: On track to be complete by October 2026 •Utilities: Design and Permitting for relocation. Active design to avoid utilities. •Estimated Letting: TBD 30 Connecting you with Texas. 30 Thank You! Travis Campbell, P.E.Director, Transportation Planning & DevelopmentTxDOT, Dallas DistrictTravis.Campbell@txdot.gov(214) 320-6146 Executive Session •Section 551.087 – To discuss and consider economic development incentives and all matters incident and related thereto. •Section 551.072 – To discuss and consider the purchase, exchange, lease, or value of real property for municipal purposes and all matters incident and related thereto. •Section 551.074 – To discuss and consider personnel matters and all matters incident and related thereto. •Section 551.071 - To consult with the Town Attorney regarding legal issues associated with code enforcement activities and substandard structures, and all matters incident and related thereto. •Section 551.071 - Consultation with the Town Attorney regarding pending or anticipated litigation. •Section 551.071 – Consultation with the Town Attorney to discuss legal issues associated with any agenda item. The Town Council will reconvene after Executive Session. Reconvene into Work Session Adjourn.