Ord 2024-3988 - Alcohol Sales - Garden of Eden

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ORDINANCE NO. 2024-3988 AN ORDINANCE WAIVING THE REQUIREMENTS OF SECTION 6-2 OF THE LA PORTE CODE OF ORDINANCES AND AUTHORIZING THE SALE OF ALCOHOLIC BEVERAGES FOR GARDEN OF EDEN FLORAL & GIFTS, LLC., LOCATED AT 10515 SPENCER HIGHWAY, LA PORTE, TEXAS, FOR ON -PREMISES CONSUMPTION OF ALCOHOLIC BEVERAGES WITHIN THREE -HUNDRED (300) FEET OF RIZZUTO ELEMENTARY SCHOOL; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, Section 109.33 of the Texas Alcoholic Beverage Code authorizes the governing board of an incorporated city to enact regulations prohibiting the sale of alcoholic beverages if the place of business is within three hundred feet of any church, public school or public hospital; and WHEREAS, Chapter 6, Section 6-2 of the City Code of the City of La Porte prohibits the sale of alcoholic beverages if the place of business is within three hundred (300) feet of any church, public school or public hospital; and WHEREAS, Section 109.33 of the Texas Alcoholic Beverage Code also authorizes the governing body of an incorporated city to allow variances to the regulation if the governing body determines that enforcement of the regulation in a particular instance is not in the best interest of the public, constitutes waste or inefficient use of land or other resources, creates an undue hardship on an applicant for a license or permit, does not serve its intended purpose, is not effective or necessary, or for any other reason the governing board, after consideration of the health, safety, and welfare of the public and the equities of the situation, determines is in the best interest of the community; and WHEREAS, the La Porte City Council has previously passed and approved an ordinance amending Chapter 6 of the La Porte Code of Ordinances, which ordinance established procedures and guidelines for the granting of a variance to the prohibition; and WHEREAS, the business promises at 10515 Spencer Highway, LaPorte, Texas, is situated within three hundred (300) feet of the nearest property line of Rizzuto Elementary School, a public school, thus making the sale of alcoholic beverages a violation contrary to Section 6-2 of the City Code of Ordinances, and Garden of Eden Floral & Gifts, LLC., is requesting a variance to the prohibition; and WHEREAS, a public hearing to receive input from the public concerning Garden of Eden Floral & Gifts, LLC., request for a variance to the prohibition was held during the La Porte City Council's regular meeting on June 10, 2024, and that notice of such public hearing was published in the City's official newspaper at least ten (10) days before the public hearing date; and, that written notice of such public hearing was sent to the owners of real property within 300 feet of the premises at 10515 Spencer Highway, La Porte, Texas, and that separate notices were sent to each church,