O-2865-10-09ORDINANCE NO.2865-10-09
' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING
CHAPTER 11, PARKS AND RECREATION ARTICLE IV, PUBLIC EVENTS TO
ESTABLISH REGULATIONS FOR PUBLIC EVENTS; BY PROHIBITING TICKET
SCALPING; PROVIDING A REPEALING CLAUSE; PROVIDING A SAVINGS
CLAUSE; PROVIDING A SEVERABHdTY CLAUSE; PROVIDING FOR A
PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS
($500) FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council finds it necessary, to prohibit the resell of tickets or admission license to public
events conducted at the Allen Event Center and other public events sponsored by the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, THAT:
SECTION 1. The Code of Ordinances of the City of Allen, Texas, be and the same is hereby amended by
amending Chapter 11, Parks and Recreation Article N, Public Events, in part to establish regulations
governing certain public events to read as follows:
9,11 R Y fN l DI VA41J0 M Cal o►L WN KY
' Sec. 11-45. Definitions.
The following words and phrases, when used in this article, shall have the meanings ascribed to them
by this section, except where the context indicates otherwise:
Public event means an event open to the public including, but not limited to, athletic contests,
sporting events, programs, concerts and graduation ceremonies conducted at the Allen Event Center, the
facilities and grounds of the Arts of Collin County or other property within the City's incorporated limits that
is owned or leased by the City, whether admittance is free, by admission fee or by invitation.
Event sponsor means, with respect to a public event, a person (including, but not limited to, owner,
lessee, operator, promoter or manager of the public event or the site of the public event); organizer of an
athletic contest; team participating in a sporting event; performer of a concert; presenter of a program,
presentation, lecture, service or video presentation; circus; rodeo; organizer of a religious event; and person
or entity holding or owning (whether directly or indirectly) the legal possessory right or interest to use or
occupy the Allen Event Center, the facilities of the Arts of Collin County or other property within the city's
incorporated limits owned or leased by the city and who owns or holds the right to issue tickets or other
admission licenses to the public event.
Resell means to sell a ticket or other admission license to a public event after such ticket or other
admission license has been issued by the event sponsor.
Sec. 11-46. Ticket Scalping.
' (a) It shall be unlawful for a person to resell or attempt to resell within the city a ticket or other
admission license to a public event, unless the person is within a structure for which a certificate of
occupancy has been issued, unless such person is the event sponsor or is authorized to resell the
ticket or other admission license by the event sponsor.
' (b) It shall be unlawful for a person to sell, resell or attempt to resell within the city a ticket or admission
license to a public event for an amount greater than the face value or original retail value of the ticket
or admission license.
(c) It shall be unlawful for a person to sell, resell or attempt to sell or resell within the city a ticket or
admission license to a public event within 1,000 feet of the public event.
Sec. 1147. Public Event Regulations.
(a) It shall be unlawful for a person to enter or attempt to enter any public event without paying the
ticket or admission fee therefore.
(b) It shall be unlawful for a person to falsely represent such person to be an employee or agent of the
event sponsor or the city, a parking attendant or security officer, wear any badge used to designate an
employee or agent of the event sponsor or city, a parking attendant or security officer at any public
event, or make use of, or blow any whistle similar to that used by the police, a parking attendant or
security officer at a public event.
(c) It shall be unlawful for a person who purchases any food or beverage at a public event to refuse to
pay the customary price therefore without delay when demanded by the vendor selling such food or
beverage."
' SECTION 2. All ordinances of the City of Allen in conflict with the provisions of this ordinance shall be,
and the same are hereby, repealed; provided, however, that all other provisions of said ordinances not in
conflict herewith shall remain in full force and effect.
SECTION 3. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this
ordinance or of the Code of Ordinances, as amended hereby, be adjudged or held to be void or
unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance or the Code
of Ordinances, as amended hereby, which shall remain in full force and effect.
SECTION 4. An offense committed before the effective date of this ordinance is governed by prior law
and the provisions of the Code of Ordinances, as amended, in effect when the offense was committed and the
former law is continued in effect for this purpose.
SECTION 5. Any person, finn or corporation violating any of the provisions or terms of this ordinance or
of the Code of Ordinances as amended hereby, shall be subject to the same penalty as provided for in the
Code of Ordinances of the City of Allen, as previously amended, and upon conviction shall be punished by a
fine not to exceed the sum of Five Hundred Dollars ($500) for each offense.
SECTION 6. This ordinance shall take effect immediately from and after its passage and publication of the
caption as the law and charter in such cases provide.
Ordinance No. 2865-10-09, Page 2
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DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 27' DAY OF OCTOBER, 2009.
APPROVED AS TO FORM:
Peter G Smith, CITY ATTORNEY
APPROVED:
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Stephen 17errell, MAYOR
ATTEST:
Shelley B. GeorgY CITY sEcRUARY
Ordinance No. 2865-10-09, Page 3