11-11-19 Regular Meeting of the La Porte City Council

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REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: November 11, 2019 Requested By: Louis Rigby, Mayor Source of Funds: N/A Department: City Council Account Number: N/A Amount Budgeted: N/A Report Resolution Ordinance Amount Requested: N/A Exhibits: Proposed Ord. 2019-3763 Budgeted Item: Yes No SUMMARY and fees prior to 2019, which has now been completed. Proposed by the updated Ordinance 2019-3763 are the following: 1. Review of language of Section 6-36 to include statutory language as to which taxes or other revenue, on which property or real property, and from whom, may be considered in the issuance of a permit or license. expansive in whose taxes must be in order and inclusive of other entities outside the 2. The terms permit and license both appear whenever one or both did previously. The Texas Alcoholic Beverage Code does not define these terms but uses them together often. The Code includes some permits as such and others as licenses, and of course says that licensees hold licenses and permittees hold permits, etc. The more inclusive should eliminate any distinctions that would cause conflict with the statutory language. 3. Where not explicitly required in statute, the references to the city secretary in the ordinance has been revised to city. State law only requires that the City Secretary certify the license/permit application. Sec. 6-36. - Required. It shall be unlawful for any person to manufacture, brew, distill, sell, or distribute any alcoholic beverage within the city, or to engage in any other activity for which a license or permit is required by the state Texas Alcoholic Beverage Code Control Act, without first paying the fee levied in section 6-37 to the city. No license or permit shall be issued or renewed by the city secretary unless all City of La Porte and La Porte Independent School District ad valorem taxes, hotel occupancy taxes, and local sales and use taxes due on the permitted or licensed premises or due from a business operated on the permitted or licensed premises have been paid by the applicant or licensee/permittee applicant and by the owner of the real property covered by the application, and the applicant and the property owner are current on their real and personal property taxes located or to be operated within the city.