2026-45 O - Amend Ariticle 4.02 Alcoholic Beverages - Hours of OperationI
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TOWN OF PROSPER, TEXAS ORDINANCE NO. 2026-45
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, AMENDING ARTICLE 4.02, "ALCOHOLIC BEVERAGES," OF
CHAPTER 4, "BUSINESS REGULATIONS," OF THE CODE OF ORDINANCES
OF THE TOWN OF PROSPER, TEXAS, BY ADDING THERETO A NEW
DIVISION 3, "HOURS OF OPERATION"; MAKING FINDINGS; PROVIDING
FOR A PENALTY; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING
FOR THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the Town of Prosper, Texas (the "Town"), is a Home Rule municipality located
in Collin and Denton Counties, acting under its Charter adopted by the electorate pursuant to
Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government
Code; and
WHEREAS, the Town Council of the Town of Prosper, Texas (the "Town Council), is
authorized to adopt ordinances and regulations for the health, welfare and safety of its citizens;
and
WHEREAS, the Town Council desires to retain the character and peaceful nature of the
Town; and
WHEREAS, the Town Council finds that it is in the best interests of the citizens of the Town
to set limits on hours during which alcoholic beverages may be sold.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
The premises set forth above are incorporated herein as if fully set forth herein .
SECTION 2
From and after the effective date of this Ordinance, Article 4.02, "Alcoholic Beverages," of
Chapter 4, "Business Regulations," of the Town of Prosper Code of Ordinances is hereby
amended by adding thereto a new Division 3, "Hours of Operation," to read as follows:
"ARTICLE 4.02
ALCOHOLIC BEVERAGES
DIVISION 3
HOURS OF OPERATION
§ 4.02.33. Standard hours for alcohol sales.
(a) Definitions .
l
The terms used in this article shall have the same definitions and meanings as used in the Texas
Alcoholic Beverage Code. Nothing in this article shall be interpreted to be more strict or
permissive than the Texas Alcoholic Beverage Code . In the event of conflict between this article
and the Texas Alcoholic Beverage Code , the Texas Alcoholic Beverage Code shall apply.
(b) Hours of Operation.
The hours during which alcoholic beverages may be sold in the Town are those hours referenced
in Chapter 105 of the Texas Alcoholic Beverage Code , as amended . It is the express intent of the
Town that the "Extended Hours" sale of alcoholic beverages, as referenced in Chapter 105 of the
Texas Alcoholic Beverage Code, shall not apply to the sale of alcoholic beverages in the Town."
SECTION 3
Should any section, subsection, sentence, clause , or phrase of this Ordinance be declared
unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any
and all remaining portions of this Ordinance shall remain in full force and effect. The Town hereby
declares that it would have passed this Ordinance, and each section, subsection, sentence,
clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses, and phrases be declared unconstitutional or invalid.
SECTION 4
All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the
extent they are in conflict; but such repeal shall not abate any pending prosecution from being
commenced for any violation if occurring prior to the repeal of the Ordinance . Any remaining
portions of said ordinances shall remain in full force and effect.
SECTION 5
Any person, firm, corporation , or business entity violating this Ordinance shall be deemed
guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine not to exceed the
sum of five hundred dollars ($500.00), and each and every day such violation shall continue shall
constitute a separate offense .
SECTION 6
This Ordinance shall become effective after its adoption and publication as required by
law.
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, ON THIS 13rH DAY OF OCTOBER, 2026.
David F. Bristol, Mayor
Ordinance No. 2026-45 , Page 2
ATTEST:
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Michelle Lewis Sirianni, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
Ordinance No. 2026-45, Page 3