O-1985-1000-R - Laserfiche WebLink

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. . ORDINANCE NO. 1000-R AN ORDINANCE AMENDING ORDINANCE NO. 1000 OF THE CITY OF LA PORTE, TEXAS, DESIGNATING THE AREAS WHERE BEER FOR CONSUMPTION ON THE PREMISES MAY BE SOLD AND PROHIBITING THE SALE ELSEWHERE: PROVID- ING FOR HOURS OF OPENING AND CLOSING: PROVIDING SALE OF BEER FOR CONSUMPTION OFF PREMISES SHALL NOT BE AFFECTED: DEFINING SOURCE OF AUTHORITY: PROVIDING THAT NO LICENSE SHALL BE ISSUED EXCEPT FOR THE AREAS HEREIN DESIGNATED: DEFINING RESTAURANT: GRANTING A PERMIT: FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW: AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the City of La Porte desires to regulate the closing hours for the sale of beer by retailers selling beer for consumption on premises in accord with provisions of Vernon's Texas Codes Annotated, Section 109.32 of the Alcoholic Beverage Code of the State of Texas. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. DEFINITIONS: Restaurant: A building or portion of a building, not operated as a dining room in connection with a hotel or boarding hotel, where the primary business is the on- premises sale of prepared food, with adequate kitchen facilities for the preparation of the food to be sold, the adequacy of said kitchen facilities to be based upon the seating capacity of the restaurant and the type of menu offered, and where alcoholic beverages may be sold under the following conditions: (l) At least sixty-five (65) percent of the gross income shall be derived from the sale of prepared food. (2) Any outside entrances, outside separate identi- fication, outside signs or other advertising shall not use any of the words "bar," "tavern," "lounge," "ice house," or "beer," or any word of like import, to identify the business. (3) Beer shall be served as a beverage only in con- nection with the service of prepared food to a customer. (4) Whenever the building official on the basis of a sworn complaint from any credible person deter- mines that a violation of this section exists, he may require any person serving alcoholic beverages as an incidental use to provide the City, within thirty (30) days of notification, a verified audit for each of the preceding four (4) calendar quarters, showing the gross income derived from the sale of alcoholic beverages and the gross income derived from the sale of food. Such verified audit shall be supported by copies of 1 icensee' s invoices and cancell ed checks to substantiate its beer and food purchases. No more than two (2) audits per year shall be required.