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<br />. <br /> <br />. <br /> <br />ORDINANCE NO.1 OOO-HH <br /> <br />AN ORDINANCE OF THE CITY OF LA PORTE, TEXAS, DESIGNATING AN AREA <br />WHERE WINE AND/OR BEER FOR CONSUMPTION ON THE PREMISES MAY BE <br />SOLD; PROVIDING FOR HOURS OF OPENING AND CLOSING; PROVIDING SALE <br />OF WINE AND/OR BEER FOR CONSUMPTION OFF PREMISES SHALL NOT BE <br />AFFECTED; DEFINING SOURCE OF AUTHORITY; PROVIDING A SAVINGS <br />CLAUSE; PROVIDING THAT NO LICENSE SHALL BE ISSUED EXCEPT FOR THE <br />AREAS HEREIN DESIGNATED; FINDING COMPLIANCE WITH THE OPEN <br />MEETINGS LAW; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR <br />AN EFFECTIVE DATE. <br /> <br />WHEREAS, the City of La Porte desires to regulate the closing hours for the sale <br /> <br />of wine and/or beer prescribe the hours when it may be sold, for consumption on <br /> <br />premises in accord with provisions of Texas Codes Annotated, Alcoholic Beverage <br /> <br />Code, Chapter 105, Section 105.05 and Section 105.06; and in accord with the <br /> <br />provisions of Texas Codes Annotated, Alcoholic Beverage Code, Chapter 109, <br /> <br />Subchapter C, Section 109.31 et seq; <br /> <br />NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF <br />THE CITY OF LA PORTE: <br /> <br />Section 1. DEFINITIONS <br /> <br />Restaurant: A building or portion of a building, not operated as a dining room in <br />connection with a hotel or boarding hotel, where the primary business is the on- <br />premises sale of prepared food, with adequate kitchen facilities for the preparation of <br />the food to be sold, the adequacy of said kitchen facilities to be based upon the seating <br />capacity of the restaurant and the type of menu offered, and where alcoholic <br />beverages may be sold under the following conditions: <br /> <br />{1} At least sixty-five percent (65%) of the gross income shall be derived from <br />the sale of prepared food. <br /> <br />{2} Any outside entrances, outside separate identification, outside signs or <br />other advertising shall not use any of the words "bar," "tavern," "lounge," <br />"ice house," or "beer," or any word of like import, to identify the <br />business. <br />