O-2010-3309 repealing Ordinance 1000-1,relating of the regulation of sellers of wine and beer

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ORDINANCE NO. AN ORDINANCE REPEALING ORDINANCE 1000-1 AND AS CODIFIED IN CHAPTER 6 "ALCOHOLIC BEVERAGES", ARTICLE III "BEER AND WINE" OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, RELATING TO THE REGULATION OF SELLERS OF WINE AND BEER; CONTAINING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1. Ordinance 1000-1 and as same is codified in Chapter 6 "Alcoholic Beverages", Article III "Beer and Wine", Sections 6-76 "Definitions", 6-78 "Location of Sales; permit" , 6-79 "Exemptions", 6- 80 "Issuance; renewal of permit", 6-81 "Intent; Compliance with state law and other regulations", is hereby repealed in its entirety. Section 2. Chapter 6 "Alcoholic Beverages", Article III. "Beer and Wine" of the Code of Ordinances of the City of LaPorte, Texas, is hereby amended in its entirety and shall hereinafter read as follows: "Sec. 6-67. Sale of beer in residential areas of city. The sale of beer is prohibited in residential areas of the city. Cross reference—Residential district regulations, § 106-331 et seq. State law reference—Authority to prohibit the sale of alcoholic beverages in residential areas, V.T.C.A., Alcoholic Beverage Code § 109.32." Section 3. Open Meetings. The City Council officially finds, determines, recites, and declares that sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times ruing which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 4. Severability. 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 or portions, the same shall be and remain in full force and effect and to this end the provisions of this ordinance are declared to be severable. Section 5. Effective Date. This Ordinance shall be effective upon its passage and approval.