19-02 - OTOWN OF PROSPER, TEXAS
ORDINANCE NO. 19-02
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, REPEALING EXISTING SUBSECTION 1 OF SECTION 4.09.004,
"PERMIT REQUIREMENTS; ADDITIONAL REGULATIONS," OF CHAPTER 4,
"BUSINESS REGULATIONS," TO THE TOWN'S CODE OF ORDINANCES AND
REPLACING IT WITH A NEW SUBSECTION 1 OF SECTION 4.09.004, "PERMIT
REQUIREMENTS; ADDITIONAL REGULATIONS," OF CHAPTER 4,
"BUSINESS REGULATIONS," TO THE TOWN'S CODE OF ORDINANCES;
PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES;
PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE
PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the Town Council of the Town of Prosper, Texas ("Town Council"), has
investigated and determined that the application requirements for special events permits fees be
amended to require additional time to review applications for a special event that will attract 500
or more persons; and
WHEREAS, the Town Council hereby finds and determines that it will be advantageous,
beneficial and in the best interests of the citizens of the Town to revise the application
requirements for certain special events, as hereinafter referenced.
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, existing Subsection 1 of Section
4.09.004, "Permit Requirements; Additional Regulations," of Chapter 4, "Business Regulations,"
to the Town's Code of Ordinances is hereby repealed and replaced with a new Subsection 1 of
Section 4.09.004, "Permit Requirements; Additional Regulations," of Chapter 4, "Business
Regulations," to the Town's Code of Ordinances to read as follows:
"(1) Written application for a permit for a temporary outdoor sale or for a special event shall be
provided on a form provided by the town. The application for a permit for a temporary outdoor
sale shall be made no less than fifteen (15) business days prior to the date such temporary
outdoor seasonal sale shall commence operation. The application for a permit for a special event,
where the special event is intended to accommodate less than 500 persons, shall be made no
less than fifteen (15) business days prior to the date such special event shall commence
operation. The application for a permit for a special event, where the special event is intended to
accommodate 500 or more persons, shall be made no less than thirty (30) business days prior to
the date such special event shall commence operation."
SECTION 3
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 for violation of
the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for
any violation if occurring prior to the repeal of the ordinance. Any remaining portion of conflicting
ordinances shall remain in full force and effect.
SECTION 4
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason
held to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions of this Ordinance. The Town hereby declares that it
would have passed this Ordinance, and each section, subsection, clause or phrase thereof,
irrespective of the fact that any one or more sections, subsections, sentences, clauses, and
phrases be declared unconstitutional.
SECTION 5
This Ordinance shall become effective and be in full force from and after its passage and
publication, as provided by the Revised Civil Statues 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, TEXA Q0II1H1§1§TH DAY OF JANUARY, 2019.
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Town Secretary
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
APPROVED:
Ray Smith, Mayor
Ordinance No. 19-02 Page 2