HomeMy Public PortalAbout2013_07_09_O013 Amending Chap 24 of the TC re Alcohol in the ROW The Town of
Leesburg,
Virginia PRESENTED: July 9, 2013
ORDINANCE NO. 2013-0-013 ADOPTED: July 9, 2013
AN ORDINANCE: TO AMEND AND REORDAIN 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 AND CONSUMED IN A DESIGNATED
AREA OF PUBLIC SIDEWALK RIGHT OF WAY ON HARRISON
STREET BETWEEN ROYAL STREET AND SOUTH STREET
The Town Council of Leesburg, Virginia, ordains:
SECTION I. That the following subsection of 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:
Section 24-184. Public profanity and dens intoxication.
(e) This section shall not prevent any person from drinking alcoholic beverages or offering a
drink thereof to another in a designated area of Town property known as the Leesburg Town
Green or a designated area of public sidewalk right of way adjacent to Harrison Street between
Royal Street and South Street if:
1) The designated 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 the property of an existing and lawfully operating
licensed establishment, and outdoor dining shall be under the responsible direction and control of
such establishment;
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 .-: . • _ - .. _ -. Said
Memorandum of Agreement must be approved by the Town Council.
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AN ORDINANCE: TO AMEND AND REORDAIN 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 AND CONSUMED IN A DESIGNATED
AREA OF PUBLIC SIDEWALK RIGHT OF WAY ON HARRISON
STREET BETWEEN ROYAL STREET AND SOUTH STREET
SECTION II. All prior ordinances in conflict herewith are hereby repealed.
SECTION III. 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 IV. This ordinance shall be effective upon its adoption.
PASSED this 9th day of July, 2013.
Wrilt,A I k
's -W C. mstattd, Mayor
Town of Leesburg
A4E
Clerk of C etf it
P:\Ordinances\2013\0709 Alcohol on ROW Code Amendment.doc