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ORDINANCE NO. X1 4 — � ?? (D <br />AN ORDINANCE WAIVING THE REQUIREMENTS OF SECTION6-2 OF THE LA <br />PORTE CODE OF ORDINANCES AND AUTHORIZING THE SALE OF ALCOHOLIC <br />BEVERAGES FOR V&V SUAZCA INVESTMENTS, INC. D/B/A BROADWAY CAFE, <br />LOCATED AT 1023 S. BROADWAY ST., FOR ON -PREMISES CONSUMPTION OF <br />ALCOHOLIC BEVERAGES WITHIN THREE -HUNDRED FEET OF LA PORTE HIGH <br />SCHOOL; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE <br />WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE <br />HEREOF. <br />WHEREAS, Section 109.33 of the Texas Alcoholic Beverage Code authorizes the governing <br />board of an incorporated city to enact regulations prohibiting the sale of alcoholic beverages if <br />the place of business is within three hundred feet of any church, public school or public hospital; <br />and <br />WHEREAS, Chapter 6, Section 6-2 of the City Code of the City of La Porte prohibits the sale of <br />alcoholic beverages if the place of business is within three hundred feet of any church, public <br />school or public hospital; and <br />i <br />WHEREAS, Section 109.33 of the Texas Alcoholic Beverage Code also authorizes the <br />governing body of an incorporated city to allow variances to the regulation if the governing body <br />determines that enforcement of the regulation in a particular instance is not in the best interest of <br />the public, constitutes waste or inefficient use of land or other resources, creates an undue <br />hardship on an applicant for a license or permit, does not serve its intended purpose, is not <br />effective or necessary, or for any other reason the governing board, after consideration of <br />thehealth, safety, and welfare of the public and the equities of the situation, determines is in the <br />best interest of the community; and <br />WHEREAS, the La Porte City Council has previously passed and approved an ordinance <br />amending Chapter 6 of the La Porte Code of Ordinance, which ordinance established procedures <br />and guidelines for the granting of a variance to the prohibition; and <br />WHEREAS, Broadway Cafe is situated within three hundred (300) feet of the nearest property <br />line of La Porte High School, a public school, thus making the sale of alcoholic beverages a <br />violation contrary to Section 6-2 of the City Code of Ordinances, and has filed an application <br />with the City of La Porte for a variance to the prohibition; <br />NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA <br />PORTE, TEXAS: <br />Section 1. The requirements of Section 6-2 of the City Code of Ordinances prohibiting the sale <br />of alcoholic beverages if the place of business is within three hundred feet of any church, public <br />