O-2014-3534 amend Chapter 6,provide variance procedures for alcohol sales within 300 feet of schools, churches and hospitals

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ORDINANCE NO. 35 ✓T AN ORDINANCE AMENDING CHAPTER 6 OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, RELATING TO THE GRANTING OF VARIANCES TO DISTANCE REQUIREMENTS FOR THE SALE OF ALCOHOL NEAR CHURCHES, PUBLIC SCHOOLS, AND PUBLIC HOSPITALS; PROVIDING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1: That Chapter 6, "Alcoholic Beverages," Article I, "In General", Section 6-2 "Sale near churches, public hospitals and public schools", of the Code of Ordinances, La Porte, Texas, is hereby amended to read as follows: "Sec. 6-2. Sale near churches, public hospitals and public schools. (a) It shall be unlawful for any dealer whose principal business is the sale of alcoholic beverages to sell or deliver alcoholic beverages within the city limits where the place of business of any such dealer is within 300 feet of any church, public school or public hospitals. (b) The measurement of the distance between the place of business where alcoholic beverages are sold and the church or public hospital shall be along the property lines of the street fronts and from front door to front door, and in direct line across intersections. The measurement of the distance between the place of business where alcoholic beverages are sold and the public schools shall be in a direct line from the property line of the public school to the property line of the place of business, and in a direct line across intersections. (c) As to any dealer who held a license or permit on September 1, 1983, in a location where a regulation under this section was in effect on that date, for purposes of subsection (a) of this section, the measurement of the distance between the place of business of the dealer and a public school shall be along the property lines of the street fronts and from front door to front door, and in direct line across intersections. (d) Pursuant to Section 109.33(e) of the Texas Alcohol Beverage Code, the City Council may, upon application of a business subject to the distance requirements established in this section, allow a variance to the regulation if the City Council determined that enforcement of the distance requirements in a particular instance 1) is not in the best interest of the public; 2) constitutes waste or inefficient use of land or other resources; 3) creates an undue hardship on an applicant for a license or permit; 4) does not serve its intended purpose; 5) is not effective or necessary; or 6) for any other reason, the City Council, after consideration of the health,