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O-1993-1000-GG
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O-1993-1000-GG
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Last modified
11/2/2016 3:38:52 PM
Creation date
7/20/2006 8:30:13 AM
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Legislative Records
Legislative Type
Ordinance
Date
9/13/1993
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<br />. <br /> <br />. <br /> <br />ORDINANCE NO. 1000-GG <br /> <br />AN ORDINANCE AMENDING ORDINANCE NO. 1000 OF THE CITY OF LA PORTE, <br />TEXAS, DESIGNATING THE AREAS WHERE BEER FOR CONSUMPTION ON PREMISES <br />MAY BE SOLD AND PROHIBITING THE SALE ELSEWHERE; PROVIDING FOR HOURS <br />OF OPENING AND CLOSING; DEFINING SOURCE OF AUTHORITY; PROVIDING A <br />SAVINGS CLAUSE; PROVIDING THAT NO LICENSE SHALL BE ISSUED EXCEPT FOR <br />THE AREAS HEREIN DESIGNATED; FINDING COMPLIANCE WITH THE OPEN <br />MEETINGS LAW; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN <br />EFFECTIVE DATE HEREOF. <br /> <br />WHEREAS, the City of La Porte desires to regulate the sale of <br />beer and prescribe the hours when it may be sold, for consumption on <br />premises in accord with provisions of Texas Codes Annotated, <br />Alcoholic Beverage Code, Chapter 105, Section 105.05 and Section <br />105.06; and in accord with the provisions of Texas Codes Annotated, <br />Alcoholic Beverage Code, Chapter 109, Subchapter C, Section 109.31 <br />et seq; <br /> <br />NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY <br />OF LA PORTE: <br />Section 1. DEFINITIONS: <br /> <br />Restaurant: A building or portion of a building, not <br />operated as a dining room in connection with a hotel or <br />boarding hotel, where the primary business is the on-premises <br />sale of prepared food, with adequate kitchen facilities for the <br />preparation of the food to be sold, the adequacf of said <br />kitchen facilities to be based upon the seating capac1ty of the <br />restaurant and the type of menu offered, and where alcoholic <br />beverages may be sold under the following conditions: <br /> <br />(1) <br /> <br />(2) <br /> <br />(3) <br /> <br />(4) <br /> <br />At least sixty-five percent (65%) of the gross income <br />shall be derived from the sale of prepared food. <br /> <br />Any outside entrances, outside separate identification, <br />outside signs or other advertising shall not use any of <br />the words "bar," "tavern," "lounge," "ice house, II or <br />"beer, II or any word of like import, to identify the <br />business. <br /> <br />Beer shall be served as a beverage only in connection with <br />the service of prepared food to a customer. <br /> <br />Whenever the building official on the basis of a sworn <br />complaint from any credible person determines that a <br />violation of this section exists, he may require any <br />person serving alcoholic beverages as an incidental use to <br />provide the City, within thirty (30) days of notification, <br />a verified audit for each of the preceding four (4) <br />calendar quarters, showing the gross 1ncome derived from <br />the sale of alcoholic beverages and the gross income <br />
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