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<br />. <br /> <br />e <br /> <br />Minutes Public Hearing and <br />Regular Meeting <br />La Porte City Council <br />February 10, 1997, Page 10 <br /> <br />City Attorney Knox Askins reaffirmed the attorney's opinion if Council made an exception for <br />anybody on the food test you would be opening up to a constitutional attack from anybody else, <br />particularly a new applicant who comes in and wants to put a beer only establishment anywhere <br />in La Porte. He said, "Weare sensitive to what we feel the Council would like to do on <br />grandfathering, and we do not believe it can legally be done on this particular ordinance. Most <br />penal laws have to be of uniform application across the board on whatever subject they are on. <br />Part of the exception we see on this is pre-existing non-conforming uses on zoning. " <br /> <br />CWSE WORKSHOP <br /> <br />Mayor Malone closed the workshop at 7:33 P.M. <br /> <br />16. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE <br />DESIGNATING THE AREAS WHERE WINE AND/OR BEER FOR CONSUMPTION ON <br />THE PREMISES MAY BE SOLD AND PROmBITING THE SALE ELSEWHERE; <br />PROVIDING FOR HOURS OF OPENING AND CLOSING (Ord. 1000-1) - J. Joerns <br /> <br />Motion was made by Councilperson McLaughlin to approve Ordinance 1000-1 as presented. <br />Second by Councilperson Gay. The motion carried, 4 ayes, 3 nays. <br /> <br />Ayes: Councilpersons McLaughlin, Gay, Clarke and Mayor Malone <br />Nays: Councilpersons Sutherland, Cooper, and Maxwell <br /> <br />17. ADMINISTRATIVE REPORTS <br /> <br />City Manager Robert T. Herrera reported Planning Director Guy Rankin and his wife Debra have <br />announced the birth of a baby daughter on Friday 7th, and her name is Caitlin Summer. <br /> <br />18. COUNCIL ACTION <br /> <br />Councilpersons Cooper, McLaughlin, Gay, Maxwell, Clarke, and Mayor Malone brought items <br />to Council's attention. <br /> <br />19. EXECUTIVE SESSION - PURSUANT TO PROVISION OF THE OPEN MEETINGS LAW, <br />CHAPTER 551.071111R0UGH 551.076, AND 551.084, TEXAS GOVERNMENT CODE, - <br />(CONSULTATION WITH ATfORNEY, DELmERATION REGARDING REAL <br />PROPERTY, DELmERATION REGARDING PROSPECTIVE GIFr OR DONATION, <br />PERSONNEL MATl'ERS, CONFERENCE WITH EMPWYEES, DELmERATION <br />REGARDING SECURITY DEVICES, OR EXCLUDING A WITNESS DURING <br />EXAMINATION OF ANOTHER WITNESS IN AN INVESTIGATION) <br />