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ORDINANCE NO. 2011 - 4 9 <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN <br />MARCOS, TEXAS AMENDING CHAPTER 34, ARTICLE 3, <br />DIVISION 4, PUBLIC NUISANCES, OF THE SAN MARCOS CITY <br />CODE BY ADDING A NEW SECTION 34.107 TO PROHIBIT THE <br />POSSESSION OF AN OPEN CONTAINER OR THE PUBLIC <br />CONSUMPTION OF ALCOHOLIC BEVERAGES IN THE CENTRAL <br />BUSINESS AREA FROM 10:00 P.M. TO 2:15 A.M.; <br />ESTABLISHING A PENALTY FOR THE VIOLATION OF THIS <br />ORDINANCE; PROVIDING FOR PUBLICATION; AND <br />PROVIDING AN EFFECTIVE DATE <br />RECITALS: <br />On April 5, 2011 the San Marcos City Council adopted Resolution 2011 -44R <br />to petition the Texas Alcoholic Beverage Commission to issue an order <br />prohibiting the possession of an open container or the public consumption of <br />alcoholic beverages in the Central Business Area which constitutes the city's <br />central business district as defined in Section 109.35 of the Texas Alcoholic <br />Beverage Code. <br />2. On July 26, 2011 the Texas Alcoholic Beverage Commission issued the order, <br />attached to this ordinance as Exhibit "A," as requested by Resolution 2011 - <br />44R <br />The San Marcos City Council hereby finds that the possession of an open <br />container or the public consumption of alcoholic beverages in the Central <br />Business Area during the hours specified in this ordinance is a public nuisance <br />and constitutes a risk to the health and safety of of the citizens of San Marcos. <br />BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br />TEXAS: <br />SECTION 1. Chapter 34, Article 3, Division 4, Public Nuisances, of the San <br />Marcos City Code is hereby amended by adding a new Section 34.107 to read as follows <br />(added language is underlined): <br />Sec. 34.107 Open containers and public consumption of alcoholic bevera es in <br />the central business area: prohibited hours. <br />(a) It is unlawful for a person to possess an open alcoholic beverage container or to <br />consume an alcoholic beverage in a public place within the Central Business Area <br />from 10:00 P.M. to 2:15 A.M. This provision does not aDDly to the possession of <br />an open alcoholic beverage container or the Dublic consumption of an alcoholic <br />beverase in motor vehicles, buildings not owned or controlled by the Citv of San <br />