HomeMy Public PortalAbout2016_03_08_O007 Amending Chap 24 of the TC re Consumption and Service of Alcohol in the Right of Way The Town of
Leesburg,
Virginia PRESENTED: March 8, 2016
ORDINANCE NO.: 2016-0-007 ADOPTED: March 8, 2016
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
INTOXICATION) OF THE LEESBURG TOWN CODE BY ADDING
NEW SECTIONS, 24-185 ( CONSUMPTION OR SERVICE OF
ALCOHOL WITHOUT LICENSE) AND 24-186 (ALCOHOL
PERMITTED ON PUBLIC PROPERTY; EXCEPTIONS FOR
OUTDOOR DINING, SPECIAL EVENTS, ETC.), TO ALLOW
ALCOHOL TO BE SERVED AND CONSUMED ON DESIGNATED
AREAS OF PUBLIC PROPERTY UNDER LIMITED
CIRCUMSTANCES AND WHEN ISSUED AN OUTDOOR DINING
OR SPECIAL EVENT PERMIT BY THE TOWN
WHEREAS, as a result of the Town's Downtown Improvement Capital Project's expanded
sidewalks and streetscape improvements,restaurants located within the Town request permission to use
the Town's sidewalks for outdoor dining to include the service and consumption of alcohol; and
WHEREAS, the Town has received an increased number of requests from the public to use
Town parks and recreation areas and Town facilities to hold special events which include alcohol; and
WHEREAS, the Town Code prohibits the service and consumption of alcohol on Town
sidewalks, town right of way and town-owned facilities other than in limited areas; and
WHEREAS,the Town Council desires to offer town residents and business owners a uniform
and standard process to apply for an outdoor dining or special event permit to use town sidewalks,
streets and facilities where alcohol is served and consumed and the Town Code must be amended to
reflect this process.
THERFORE, ORDAINED by the Town Council of the Town of Leesburg, Virginia:
SECTION I. That Chapter 24, Article V, Division 1, Section 24-184 of the Town Code of
Leesburg,Virginia, 2009, as amended,be and the same is hereby amended to read as follows:
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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 INTOXICATION) OF THE LEESBURG
TOWN CODE BY ADDING NEW SECTIONS, 24-185 ( CONSUMPTION OR
SERVICE OF ALCOHOL WITHOUT LICENSE) AND 24-186 (ALCOHOL
PERMITTED ON PUBLIC PROPERTY; EXCEPTIONS FOR OUTDOOR
DINING, SPECIAL EVENTS, ETC.), TO ALLOW ALCOHOL TO BE
SERVED AND CONSUMED ON DESIGNATED AREAS OF PUBLIC
PROPERTY UNDER LIMITED CIRCUMSTANCES AND WHEN ISSUED AN
OUTDOOR DINING OR SPECIAL EVENT PERMIT BY THE TOWN
Sec. 24-184. Public profanity and intoxication.
(a) If any person profanely curses or swears or is intoxicated in public,whether such intoxication
results from alcohol, narcotic drug or other intoxicant or drug of whatever nature, he shall be
deemed guilty of a misdemeanor. In any area in which there is located a court-approved
detoxification center a law enforcement officer may authorize the transportation, by police or
otherwise, of public inebriates to such detoxification center in lieu of arrest; however, no person
shall be involuntarily detained in such center.
whether accepted or not, at or in any public place, he shall be guilty of a misdemeanor.
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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 INTOXICATION) OF THE LEESBURG
TOWN CODE BY ADDING NEW SECTIONS, 24-185 ( CONSUMPTION OR
SERVICE OF ALCOHOL WITHOUT LICENSE) AND 24-186 (ALCOHOL
PERMITTED ON PUBLIC PROPERTY; EXCEPTIONS FOR OUTDOOR
DINING, SPECIAL EVENTS, ETC.), TO ALLOW ALCOHOL TO BE
SERVED AND CONSUMED ON DESIGNATED AREAS OF PUBLIC
PROPERTY UNDER LIMITED CIRCUMSTANCES AND WHEN ISSUED AN
OUTDOOR DINING OR SPECIAL EVENT PERMIT BY THE TOWN
SECTION II. That a new section should be added to Chapter 24, Article V, Division 1,
of the Town Code of Leesburg, Virginia, 2009:
Section 24-185. (Consumption or Service of Alcohol without License)
(a) If any person takes a drink of alcoholic beverages or offers a drink thereof to another.,
whether accepted or not, at or in any public place, he shall be guilty of a misdemeanor.
(b)This section shall not prevent any person from drinking alcoholic beverages or offering a
drink thereof to another in any rooms or areas approved by the state alcoholic beverage control
board in 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.
(c) This section shall not prevent any person from drinking alcoholic beverages or offering a
drink thereof to another in any room or area approved by the board at an event for which a
banquet license or mixed beverage special events license has been granted. Nor shall this section
prevent, upon authorization of the licensee, any person from drinking his own lawfully acquired
alcoholic beverages or offering a drink thereof to another in approved areas and locations at
events for which a coliseum or stadium license has been granted.
SECTION III. That a new section should be added to Chapter 24, Article V, Division 1
of the Town Code of Leesburg, Virginia to read as follows:
Sec.24-186. Alcohol prohibited on public property; exceptions for outdoor dining, special
events, etc.
If any person takes a drink of alcoholic beverages or offers a drink thereof to another, whether
accepted or not, at or on any public property, he shall be guilty of a misdemeanor.
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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 INTOXICATION) OF THE LEESBURG
TOWN CODE BY ADDING NEW SECTIONS, 24-185 ( CONSUMPTION OR
SERVICE OF ALCOHOL WITHOUT LICENSE)AND 24-186 (ALCOHOL
PERMITTED ON PUBLIC PROPERTY; EXCEPTIONS FOR OUTDOOR
DINING, SPECIAL EVENTS, ETC.), TO ALLOW ALCOHOL TO BE
SERVED AND CONSUMED ON DESIGNATED AREAS OF PUBLIC
PROPERTY UNDER LIMITED CIRCUMSTANCES AND WHEN ISSUED AN
OUTDOOR DINING OR SPECIAL EVENT PERMIT BY THE TOWN
(1) This section shall not prevent any person from drinking alcoholic beverages or offering a
drink thereof to another in a designated area of public sidewalk if:
(a) The designated area of public sidewalk 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;
(b) A permit has been issued by the town to allow the licensed establishment to sell
alcoholic beverages in the designated area of public sidewalk;
(c) The designated area of public sidewalk 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.
(2) This section shall not prevent any person from drinking alcoholic beverages or offering a
drink thereof to another in a designated area of the following public property: the Leesburg
Executive Airport, if:
(a) The designated area of town property is approved by the state alcoholic beverages
control board;
(b) A special event permit has been issued by the town to allow the service and
consumption of alcoholic beverages in the designated area of the town property or
facility.
(3) This section shall not prevent a person from drinking alcoholic beverages or offering a drink
thereof to another in a designated area of public right of way if:
(a) The designated area of public right of way is approved by the state alcoholic
beverages control board;
(b) A special event permit has been issued by the town to allow the service and
consumption of alcoholic beverages in the designated area of public right of way;
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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 INTOXICATION) OF THE LEESBURG
TOWN CODE BY ADDING NEW SECTIONS, 24-185 ( CONSUMPTION OR
SERVICE OF ALCOHOL WITHOUT LICENSE) AND 24-186 (ALCOHOL
PERMITTED ON PUBLIC PROPERTY; EXCEPTIONS FOR OUTDOOR
DINING, SPECIAL EVENTS, ETC.), TO ALLOW ALCOHOL TO BE
SERVED AND CONSUMED ON DESIGNATED AREAS OF PUBLIC
PROPERTY UNDER LIMITED CIRCUMSTANCES AND WHEN ISSUED AN
OUTDOOR DINING OR SPECIAL EVENT PERMIT BY THE TOWN
(c) Special event permits will be issued by the town only for town-sponsored events or
town-supported events or for private special events that are open to the public and for
which no fee is charged. For this section only, town-sponsored events are events planned
and coordinated by the town and town-supported events are those events where the town
council has resolved to provide financial support to the event which shall include the
waiving of fees of any kind;
(d) Special event permits to allow the service and consumption of alcoholic beverages in
public right of ways shall be issued for right of ways in the B-1 District only.
(4)This section shall not prevent any person from drinking alcoholic beverages or offering a
drink thereof to another in any park and recreation area designated by the town council in section
26-26(b) and in accordance with the Rules and Standard Operating Procedures Regarding
Alcohol Use at Town Facilities and Town Produced Events which is incorporated herein by
reference.
SECTION IV. All prior ordinances in conflict herewith are hereby repealed.
SECTION V. 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 VI. This ordinance shall be effective upon its adoption.
PASSED this 8th day of March, 2016
David S. Butler, Mayor
Town of Leesburg
ATTF:
Ate,•:
Clerk of Counci
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