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HomeMy WebLinkAbout10-21-2004-13.04 - Resolution - 10/21/2004 RESOLUTION NO. 10-21-2004-13.04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS DETERMINING THAT THE POSSESSION 01' AN OPEN CONTAINER AND THE PUBLIC CONSUMPTION OF ALCOHOLIC BEVERAGES IN THE NORTHGA TE AREA ARE RJSKS TO THE HEALTH AND SAI'ETY OF THE CITIZENS: DESIGNATING A CENTRAL BUSINESS D1STRJCT IN THE CITY OF COLLEGE STATION. AND AUTHORJZING THE PETITION !'OR AN ORDER FROM THE TEXAS ALCOHOLIC BEVERAGE COMMISSION PROHIBITING THE POSSESSION 01' AN OPEN CONTAINER AND THE CONSUMPTION OF ALCOHOLIC BEVERAGES IN SAID CENTRAL BUSINESS DISTRICT WHEREAS, under ~ 10935 of the Texas Alcoholic Beverage Code Ihe CIty of College StatIon may pellllon the Texas Alcoholic Beverage CommIssion (the "CommIssIon") for an order authorlzmg the CIty CounCIl to adopt an ordmance prohlbltmg lhe possessIon oran open conlamer or lhe public consumptIon of alcoholic beverages m the Cenlral BUSiness DistrIct oflhe CIlY. and WHEREAS. ~ 109 351d) of the Texas Alcoholic Beverage Code defines "central busmess distrlCl" as a compacl and conllguous geographIcal area ora mumcipallty m which at least nmety percent (90~.1 orthe land IS used or zoned ror commercIal purposes and IhallS the area that has histOrically been the prunary locatIon m the mURlclpallty where busmess has been transacted. and WHEREAS, lhe unregulated possessIon oran open conlalner and the public consumption of alcoholic beverages m the Northgate area has created numerous public safety and nUIsance concerns. and WHEREAS. lhe somellmes olTensive and dangerous behavIor of these mdlvlduals IS often associated wilh thell possessIon or an open conlamer and public consumption or alcoholic beverages. WHEREAS. Ihe Nonhgate area. as deSCribed m the attached map, qualifies as a "cenlral business dlstrlc"". and BE IT RESOLVED BY THE CITY COUNCIL 01' THE CITY 01' COLLEGE STATION. TEXAS Pari I That lhe City CounCil of the City of College Station. Texas, finds thallhe possessIon or an open contamer and the public consumptIon of alcoholic beverages in lhe Nonhgale area are lISks to the health and safety of the cItizens or College Slallon. Part 2 ThaI the City CounCIl of the CIty of College Sial ion hereby deslgnales as Ihe Central Busmess D,strict or the CIty the Northgate area Idenllfied m Ihe anached map mcorporated herem by rererence ror all purposes. as saId area IS a compact and conbguous geographIcal area In whIch at least nmety percent (90~.) of the land IS used or zoned for commercIal purposes and is an area which has hIstorically been Ihe primary locallon m the Clly where busmess has been transacted, Pari 3 That the City CounCIl of the CIty of College Station finds that illS m the public's best inlerest 10 petItIon the Texas Alcohol Beverage CommISSion for an order aulhorlzmg lhe City Council 10 adopt an ordmance prohlbltmg the possessIon or an open container and the public consumpllon of alcoholic beverages m Ihe College Stallon Central Busmess DiStriCt. Pan 4 Thatlhe City Council orlhe City or College Stallon hereby pet.lIons the Te~as Alcoholic Beverage CommiSSIon. by provldmg a copy of thIs resolutIon and attached map. and requesls that allhe earliest pOSSible date the CommISSion adopt an order authorlzmg the City Counc.IIO adopt an ordmance prohlbllmg the possession of an open conlamer and the public consumpllon or alcoholic beverages m the City of College Slatlon's Cenlral Busmess D,strict PASSED and APPROVED this 21stday OfOclober. 2004 ~ APPROVED -' ]) /J11 ~1.J DE~NIS MALON~Y. May~ Pro Tem APPROVED. r A" E-SIJI!led br~~M'!?J~ ---- <2>1 ~ {h~.l~uttl~WIth~~I;...r:~~ (- CIty Anomey