1991-09-23 Regular Meeting and Public Hearing

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• • ORDINANCE NO. 1000-CC AN ORDINANCE AMENDING ORDINANCE NO. 1000 OF THE CITY OF LA PORTS, TEXAS, DESIGNATING THE AREAS WHERE BEER FOR CONSUMPTION ON PREMISES MAY BE SOLD AND PROHIBITING THE SALE ELSEWHERE; PROVIDING FOR HOURS OF OPENING AND CLOSING; DEFINING SOURCE OF AUTHORITY; PROVIDING A SAVINGS CLAUSE; PROVIDING THAT NO LICENSE SHALL BE ISSUED EXCEPT FOR THE AREAS HEREIN DESIGNATED; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the City of La Porte desires to regulate the sale of beer and prescribe the hours when it may be sold, for consumption on premises in accord with provisions of Texas Codes Annotated, Alcoholic Beverage Code, Chapter 105, Section 105.05 and Section 105.06; and in accord with the provisions of Texas Codes Annotated, Alcoholic Beverage Code, Chapter 109, Subchapter C, Section 109.31 et seq; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTS: Section 1. DEFINITIONS: Restaurant: A building or portion of a building, not operated as a dining room in connection with a hotel or boarding hotel, where the primary business is the on-premises sale of prepared food, with adequate kitchen facilities for the preparation of the food to be sold, the adequacy of said kitchen facilities to be based upon the seating capacity of the restaurant and the type of menu offered, and where alcoholic beverages may be sold under the following conditions: (1) At least sixty-five percent (65$) of the gross income shall be derived from the sale of prepared food. (2) Any outside entrances, outside separate identification, outside signs or other advertising shall not use any of the words "bar," "tavern," "lounge," "ice house," or "beer," or any word of like import, to identify the business. (3) Beer shall be served as a beverage only in connection with the service of prepared food to a customer. (4) Whenever the building official on the. basis of a sworn complaint from any credible person determines that a violation of this section exists, he may require any person serving alcoholic beverages as an incidental use to provide the City, within thirty (30) days of notification, a verified audit for each of the preceding four (4) calendar quarters, showing the gross income derived from the sale of alcoholic beverages and the gross income derived from the sale of food. Such verified audit shall be supported by copies of licensee's invoices and. cancelled checks to substantiate its beer and food purchases. No more than two (2) audits per year shall be required. Section 2. In addition to the locations specified in Section 1 of Ordinance No. 1000 of the City of La Porte, passed and approved by the City Commission of the City of La Porte on August 19, 1974,