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CITY OF SAN MARCOS § <br />BEFORE THE TEXAS <br />ALCOHOLIC BEVERAGE <br />COMMISSION <br />Came on to be heard on 3uly 26, 2011 before the Texas Alcoholic <br />Beverage Commission (Commission), the petition of the City of San Marcos <br />(City), Hays County, Texas, the petition for an Order to prohibit the possession <br />of an open container or the public consumption of alcoholic beverages in the <br />City's central business district pursuant to Section 109.35, Texas Alcoholic <br />Beverage Code. <br />The Commission takes judicial notice of the Resolution 2011 -44 -R <br />(Resolution) passed by the City Council on April 5, 2011 and signed by the <br />Mayor of the City and the letter dated June 17, 2011 signed by the Mayor of the <br />City requesting an Order by the Commission prohibiting certain possession and <br />consumption of alcoholic beverages In the central business district, and a <br />certified copy of the map of the City showing the central business district <br />covered by the requested prohibition. <br />The Commission finds that the documents show the governing body of the <br />City has determined that the possession of an open container or public <br />consumption of alcoholic beverages in the City's Central Business District is a <br />risk to the health and safety of the City's citizens. <br />IT IS THEREFORE ORDERED, without further consideration, that the <br />possession of an open container or the public consumption of alcoholic <br />beverages is prohibited in the central business district of the City of San <br />Marcos, Hays County, Texas, pursuant to Section 109.35, Texas Alcoholic <br />Beverage Code. <br />Page 1 of 2 EXHIBIT <br />A <br />