1997-02-10 Public Hearing and Regular Meeting of City Council

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. e Minutes Public Hearing and Regular Meeting La Porte City Council February 10, 1997, Page 9 15. WORKSHOP - CONSIDER A PROPOSED ORDINANCE WIllCH GOVERNS WINE AND/OR BEER ON-PREMISE CONSUMPI'ION, TO BE RETURNED TO THE TABLE FOR FURTHER DISCUSSION, REQUESTED BY FOUR COUNCILPERSONS OPEN WORKSHOP Mayor Malone opened the workshop at 6:43 P.M. He reported four Council members have requested this item to be placed on the agenda for discussion. DISCUSSION PROPOSED ORDINANCE GOVERNING WINE AND/OR BEER ON- PREMISE CONSUMPTION AT ESTABUSHMENTS IN THE CITY OF LA PORTE City Manager Robert T. Herrera stated Assistant City Manager John Joerns will come forward. He reminded Council they had previously allowed Mr. Joerns to give a history on this particular proposed ordinance. He said he does not know what additional information we can give, but staff is ready to answer any additional questions Council may have for staff. He reported that four Council members have requested this be brought back for Council consideration, and that is why it is on the agenda. Assistant City Manager John Joerns reviewed the proposed changes - (Exhibit A, 2 pages) regarding the request from Council. Mr. Joerns reported in addition to the previous report (Exhibit A, 2 pages), Planning Department has been visited by Port Auto Truck Stop, one of the two business listed which have current licenses that would be effected by this ordinance. Although they have not pulled any permits, they indicated they are planning to completely rebuild that establishment and add restaurant facilities into their proposal. As a matter of curtesy, staff visited Brooks Flag Stop. The owner has come before you tonight and expressed her concerns. Council asked questions of City Attorney Knox Askins and staff and discussed in length all information available regarding the circumstances and reasons to pass a policy which would be consistent for every establishment permitted by the City of La Porte, which serves wine and/or beer on their premises. Council allowed audience participation and heard all remarks from the public. Mayor Malone read City Attorney opinion: The objective was to create a uniform set of regular standards to apply equally to ever wine and beer on premises establishment within the City of La Porte. As City Attorney I feel it is important to achieve this ot:.jective. Since serious constitutional issues could be raised by one of the currently permitted wine and beer on premise establishments that must meet the currently imposed 65% food 35% beer and wine test. Mayor Malone said he was in agreement with the City Attorney.