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HISTORY/BACKGROUND

This ordinance was actually was actually passed in August 2007 by a vote of 4-3 (Mayor Simpson broke the tie, in favor). Following the passage and implementation of the ordinance, though, a group of citizens circulated a petition and gathered approximately 850 signatures (less than 1% of the population). As per the City Charter (and the first time this rule has been put into effect in the history of the City Charter), this action forced the ordinance back to City Council which faced two choices at that time.

The first choice the Council faces was to consider repealing the previously adopted ordinance; said motion failed by a vote of 4-3 (tie broken again by Mayor Simpson). With that action, the only other possible action, as per the City Charter, was for the ordinance to be “suspended” until such a time as the matter could be put before the voters at the next regular election which will be in May 10, 2008.

Issue at Hand:
Currently, establishments with a Mixed-Beverage permit are permitted to sell/serve alcohol until midnight six days a week and 1 a.m. on Saturdays. Passage of the Late-Night Ordinance would give those establishments with a late-night permit, the ability and choice of serving until 2 a.m. seven days a week.

At this time, the only developed cities in Collin and Denton Counties that do NOT have late-night hours are Frisco and McKinney (those that do include Plano, Allen, The Colony, Lewisville, Carrollton, Addison, Dallas, Denton and others). Late-night hours will happen in Collin County under a couple of scenarios:

• When the County population exceeds 800,000 in a census year, it becomes automatic. However, this limit can be raised potentially through legislative actions (raised from 500,000 to 800,000 in 2005), and it could be raised again. Also, at this point, it is not certain that Collin County will exceed 800,000 during the 2010 census. If that were the case, then it might not be under this manner until 2020.

• When the local governing authority (City Council) passes an ordinance approving said hours. As mentioned, this happened in late-2007; however, this action was since “suspended” due to the petitions. Furthermore, the mayor who broke the tie approving this ordinance is term-limited in May 2008. A new mayor will then be elected, along with two new councilpersons. As a result, it is highly questionable if this will come before Council and be up for approval by the Council any time in the near future.