HomeMy Public PortalAbout2010_07_13_O017 Amending Chapter 24 (Alcohol on the Town Green)The Town o f
~,eesburg,
Virginia
ORDINANCE NO. 2010-0-017
PRESENTED: July 13, 2010
ADOPTED: July 13, 2010
AN ORDINANCE: AMENDING CHAPTER 24 (OFFENSES AND MISCELLANEOUS
PROVISIONS), ARTICLE V (OFFENSES AGAINST PUBLIC
PEACE AND ORDER), DIVISION 1 (GENERALLY),
SECTION 24-184 (PUBLIC PROFANITY AND DRUNKENNESS)
OF THE LEESBURG TOWN CODE TO ALLOW ALCOHOL TO
BE SERVED BY LICENSED ESTABLISHMENTS ADJACENT TO
THE TOWN' GREEN
The Town Council of Leesburg, Virginia, ordains:
SECTION I. That the following subsection be added to Chapter 24 (Offenses and
Miscellaneous Provisions), Article V (Offenses Against Public Peace and Order), Division 1
(Generally), Section 24-184 (Public Profanity and Drunkenness) of the Town Code of Leesburg,
Virginia, 2009, as amended, be and the same is hereby amended to read as follows:
Sec. 24-184 Public profanity and drunkenness.
(e) This section shall not prevent any person from drinking_alcoholic bevera es
or offering a drink thereof to another in a designated area of Town property
known as the Leesburg Town Green if:
1 The desi~ated area is approved by the state alcoholic beverages control board
and adjacent to a licensed establishment, provided such establishment or the
person who operates the same is licensed to sell alcoholic beverages at retail for
on-premises consumption and the alcoholic beverages drunk or offered were
purchased therein;
2) A permit has been issued by the Town Manager or designee to allow the
licensed establishment to encroach upon Town property;
3 The designated area shall be adjacent to theproperty of an existing and
lawfully operating licensed establishment, and outdoor dining shall be under the
responsible direction and control of such establishment; and
4~ The licensed establishment or the person who operates the same enters into a
Memorandum of Agreement with the Town which sets forth the requirements for
the drinking~and offering~of alcoholic beverages in the designated area known as
-2-
AN ORDINANCE: AMENDING CHAPTER 24 (OFFENSES AND MISCELLANEOUS
PROVISIONS), ARTICLE V (OFFENSES AGAINST PUBLIC
PEACE AND ORDER), DIVISION 1 (GENERALLY),
SECTION 24-184 (PUBLIC PROFANITY AND DRUNKENNESS)
OF THE LEESBURG TOWN CODE TO ALLOW ALCOHOL TO
BE SERVED BY LICENSED ESTABLISHMENTS ADJACENT TO
THE TOWN GREEN
the Leesburg Town Green. Said Memorandum of Agreement must be approved
by the Town Council.
SECTION II. Including the changes referenced above, Article V of Chapter 24
of the Leesburg Town Code is reordained and amended.
SECTION III. All prior ordinances in conflict herewith are hereby repealed.
SECTION IV. Severability. If a court of competent jurisdiction declares any
provision of this ordinance invalid, .the decision shall not affect the validity of the
ordinance as a whole or any remaining provisions of the Leesburg Town Code.
SECTION V. This ordinance shall be in effect upon its passage.
PASSED this 13th day of Jam, 2010.
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Town of Leesburg
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Clerk of Counc 1
P:\Ordinances\2010\0713 Amending Chapter 24 of the Town Code.doc