19-37 - OTOWN OF PROSPER, TEXAS
ORDINANCE NO. 19-37
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, AMENDING SECTION 4.09.004, "PERMIT REQUIREMENTS;
ADDITIONAL REGULATIONS," OF ARTICLE 4.09, "SPECIAL EVENTS AND
TEMPORARY OUTDOOR SEASONAL SALES," OF CHAPTER 4, "BUSINESS
REGULATIONS," OF THE TOWN'S CODE OF ORDINANCES BY REPEALING
SUBSECTION (2)(1) OF SAID SECTION 4.09.004 IN ITS ENTIRETY AND
REPLACING IT WITH A NEW SUBSECTION (2)(1) AND REPEALING
SUBSECTION (3) OF SAID SECTION 4.09.004 IN ITS ENTIRETY AND
REPLACING IT WITH A NEW SUBSECTION (3); AMENDING SECTION
1.09.021, "ALCOHOLIC BEVERAGES," OF ARTICLE 1.09, "PARKS AND
RECREATION," OF CHAPTER 1, "GENERAL PROVISIONS," OF THE TOWN'S
CODE OF ORDINANCES BY PROHIBITING ALCOHOL CONSUMPTION OR
POSSESSION UNLESS A PERMIT FOR A SPECIAL EVENT OR TEMPORARY
OUTDOOR SEASONAL SALES HAS BEEN OBTAINED FROM THE TOWN;
PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES;
PROVIDING FOR PUBLICATION; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Town Council of the Town of Prosper, Texas ("Town Council"), has
investigated and determined that it will be advantageous, beneficial and in the best interests of
the citizens of the Town of Prosper, Texas ("Prosper"), to (i) repeal existing Subsections (2)(1) and
(3) of Section 4.09.004, "Permit Requirements; Additional Regulations," of Article 4.09, "Special
Events and Temporary Outdoor Seasonal Sales," of Chapter 4, "Business Regulations," of the
Town's Code of Ordinances and (ii) amend Section 1.09.021, "Alcoholic Beverages," of Article
1.09, "Parks and Recreation," of Chapter 1, "General Provisions," of the Town's Code of
Ordinances; and
WHEREAS, the Town Council, on behalf of Prosper and its citizens, further has
determined that this amendment will promote the public health, safety, and general welfare.
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, Subsections (2)(1) and (3) of Section
4.09.004, "Permit Requirements; Additional Regulations," of Article 4.09, "Special Events and
Temporary Outdoor Seasonal Sales," of Chapter 4, "Business Regulations," of the Town's Code
of Ordinances are hereby repealed in their entirety and replaced with a new Subsection (2)(1) and
a new Subsection (3) of Section 4.09.004, "Permit Requirements; Additional Regulations," of
Article 4.09, "Special Events and Temporary Outdoor Seasonal Sales," of Chapter 4, "Business
Regulations," of the Town's Code of Ordinances to read as follows:
"Sec. 4.09.004 Permit Requirements; Additional Regulations
(2) The application for a permit shall contain the following:
(1) Insurance.
(1) Proof of a liability insurance policy with minimum combined limits of
one million dollars ($1,000,000.00). The building official shall
require a certificate of insurance that shows such policy is in full
force and effect prior to the commencement of the temporary
outdoor seasonal sale or special event and provides that the town
shall receive notification of cancellation of the insurance coverage.
Nonprofit or tax-exempt entities or organizations and governmental
entities are exempt from the foregoing requirement.
(2) Subject to Town Council approval, for any temporary outdoor
seasonal sale or special event on town property where alcoholic
beverages are served or sold, including any event where the town
is a co-sponsor of the temporary outdoor seasonal sale or special
event, the town shall require proof of a comprehensive general
liability insurance policy with limits of not less than two million
dollars ($2,000,000) for bodily injury and property damages and
occurrence; and four million dollars ($4,000,000) total aggregate.
The town shall be named an additional insured on all such policies;
and the policies shall be in effect for the duration of the temporary
outdoor seasonal sale or special event and for at least two years
after completion of the temporary outdoor seasonal sale or special
event. It shall be the responsibility of the temporary outdoor
seasonal sale or special event permit holder to obtain any
necessary approvals, permits or licenses for the sale or service of
alcoholic beverages on town property, including but not limited to
any permits or licenses required by the Texas Alcoholic Beverage
Commission.
(3) Safe and orderly movement of normal traffic, as solely determined by the town,
shall not be substantially interrupted. The town may require the permit holder to
provide additional signage for traffic -control and safety -related issues. If any
temporary outdoor seasonal sale or special event is located adjacent to a TxDOT-
controlled road, a TxDOT sign permit must be obtained, and signs must be in place
before a seasonal sale or event permit is issued. (The specific requirement for
TxDOT signs may be waived if staff determines that sufficient traffic -control
measures are currently in place.) The town police department shall review the
event traffic flow and parking plan and may require the event holder to hire an
appropriate number of off -duty police officers to direct traffic. In such case, the
fees charged shall be those hourly fees as determined by the town police
department, with a four-hour minimum per police officer."
Ordinance No. 19-37, Page 2
1
SECTION 3
From and after the effective date of this Ordinance, Section 1.09.021, "Alcoholic
Beverages," of Article 1.09, "Parks and Recreation," of Chapter 1, "General Provisions," of the
Town's Code of Ordinances, is hereby amended to read as follows:
"Sec. 1.09.021 Alcoholic Beverages
The consumption or possession of alcoholic beverages, including but not limited to, wine, beer,
ale and mixed drinks, is prohibited on all park properties located within the town unless a permit
for a special event or temporary outdoor seasonal sales has been obtained from the town."
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 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 5
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 6
This Ordinance shall become effective after its passage and publication, as provided by
law.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, ON THIS 11TH DAY OF JUNE, 2019.
APPROVED:
Ray Smit Mayor
Ordinance No. 19-37, Page 3
ATTEST:
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Robyn attle, Town Secre ary
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
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Ordinance No. 19-37, Page 4