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the premises at 1105 S. Broadway, La Porte, Texas, as well as to the superintendent of the La
<br />Porte I.S.D.
<br />NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA
<br />PORTE, TEXAS:
<br />Section 1. The requirements of Section 6-2 of the City Code of Ordinances prohibiting the sale
<br />of alcoholic beverages if the place of business is within three hundred feet of any church, public
<br />school or public hospital me waived for the purposes of the variance request by De-Ja Brew &
<br />Gifts, for the property located at 1105 S. Broadway, in a General Commercial (GC) zoning
<br />district,on a 1.75-acre site, legally described as Lots 8-11, Lots 14-29, Tracts 7, 12, 13 & 30, and
<br />Tracts B & C (Partly Abandoned 16 R Alleys), Block 1110, La Porte, Harris County, Texas, and
<br />which premises is located within 300 feet of the property line of La Porte High School, a public
<br />school, and such variance application is hereby granted, but subject to the following conditions:
<br />(a) This variance shall be applicable only to applicant, De-Ja Brew & Gifts., and the premises
<br />located at 1105 S. Broadway, La Porte, Texas, and shall not transfer to any successor
<br />company or entity.
<br />(b) The sale of alcohol beverages shall be limited to on -premises consumption.
<br />(c) This variance shall not be transferable to a land use other than a restaurant.
<br />(d) This variance shall terminate in the event of non -operation or non-use of a restaurant by
<br />De-Ja Brew & Gifts, on the premises of 1105 S. Broadway, La Porte, Texas, for a period
<br />of twelve or more successive calendar months.
<br />Section 2: The La Porte City Council determines that enforcement of the distance requirements in
<br />the case of De-Ja Brew & Gifts, located at 1105 Broadway, La Porte, Texas, 1) is not in the best
<br />interest of the public; 2) constitutes waste or inefficient use of land or other resources; 3) creates
<br />an undue hardship on an applicant for a license or permit; 4) does not serve its intended purpose;
<br />5) is not effective or necessary; and 6) after consideration of the health, safety and welfare of the
<br />public and the equities of the situation, is not in the best interest of the community; and in
<br />consideration of these factors, that the variance applied for by De-Ja Brew & Gifts, with the
<br />conditions described herein, should be granted.
<br />Section 3: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are
<br />hereby repealed; provided, however, that such repeal shall be only to the extent of such
<br />inconsistency and in all other respects this ordinance shall be cumulative of other ordinances
<br />regulating and governing the subject matter covered by this ordinance.
<br />Section 4: Should any section or part of this ordinance be held unconstitutional, illegal, or invalid,
<br />or the application to any person or circumstance for any reasons thereof ineffective or inapplicable,
<br />such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or part shall in no
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