O-2018-3728 Allow the sale of alcoholic beverages at Burger Libre

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child care facility, daycare center, public or private school, or public hospital located within 300 feet of the premises at 9709 Spencer Hwy., as well as to the superintendent of the La Porte I.S.D. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1. The requirements of Section 6-2 of the City Code of Ordinances prohibiting the sale of alcoholic beverages if the place of business is within three hundred feet of any church, public school or public hospital are waived for the purposes of the variance request filed by Burger Libre, LLC, d/b/a Burger Libre for the property located at 9709 Spencer Hwy., legally described as Reserve D,Underwood Retail Center Replat,and which premises is located within 300 feet of the property line of the James H. Baker 6th Grade Campus, a public school, and such variance application is hereby granted,but subject to the following conditions: (a) This variance shall be applicable only to applicant Burger Libre, LLC, d/b/a Burger Libre and the premises located at 9709 Spencer Hwy. and shall not transfer to any successor company or entity. (b) The sale of alcohol beverages shall be limited to on-premises consumption. (c) This variance shall not be transferable to a land use other than a restaurant. (d) This variance shall terminate in the event of non-operation or non-use of a restaurant by Burger Libre, LLC,d/b/a Burger Libre on the premises of 9709 Spencer Hwy. for a period of twelve or more successive calendar months. Section 2: The La Porte City Council determines that enforcement of the distance requirements in the case of Burger Libre, LLC, d/b/a Burger Libre, located at 9709 Spencer Hwy. is 1) is not in the best interest of the public;2) constitutes waste or inefficient use of land or other resources; 3) creates an undue hardship on an applicant for a license or permit; 4) does not serve its intended purpose;5)is not effective or necessary;and 6)after consideration of the health,safety and welfare of the public and the equities of the situation, is not in the best interest of the community; and in consideration of these factors,that the granting of the variance applied for by Burger Libre, LLC, d/b/a Burger Libre,with the conditions described herein, should be granted. Section 3: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 4: Should any section or part of this ordinance be held unconstitutional, illegal,or invalid, or the application to any person or circumstance for any reasons thereof ineffective or inapplicable, such unconstitutionality, illegality, invalidity,or ineffectiveness of such section or part shall in no way affect, impair or invalidate the remaining portions thereof; but as to such remaining portion