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HomeMy WebLinkAboutO-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 1 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: 4ww=s') Stephen 17errell, MAYOR ATTEST: Shelley B. GeorgY CITY sEcRUARY Ordinance No. 2865-10-09, Page 3