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Home My WebLink AboutO-1935-254 e e ( \ ..,_) )m III THE VARIOUS PIIASES OF THE LIQUOR TRAFFIC wrrHIll THE CORPORATE LIJlITS OF THE . ' \JITY OF LA PORTE, TEXAS. LEVYING FEES AND PROVIDING FOR THEIR COLLECTION AND USEs PR03IB- ORDINAN~'E NO. ~s:4 AN ORDINANCE ESTABLISHING A SYSTEM OF PERMITS AND LICENSES FOR PERSONS EN- IT ING ' THE SALE OF LIQUOR AND BEER WITHIN THREE HUNDRED (300) FEET OF CHURCHES, SCHOOLS AND OT:BER EDUCATIONAL I.NSTITUTIONS, PROVIDING A PENALTY FOR VIOLATIONS OF THE PROVI- SIONS tt)F THE ORDINANCE. REPEALING ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HERE... WITH Am> DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE,.TEXAS, THATs Seotion 1. For the purpose of this Ordinanoe, the term "City" means the City ot La ]~rte, in Harris County, Texas. the term "City Seoretary" means the secretary ot _~he said City ot La Porte. the tem "person" 8hall be held and construed to mean and , ,....... )lUdEI persons and finns, assooiations and oorporations, whether acting by themselves "J .... , by &i. servant, agent or employee. the term "intoxioating liquor" shall mean and re- , . ter to any alooholio beverage oontaining aloohol in exoess ot tour per oentum (4%) by weight unless otherwise indioated. Section 2. There is hereby levied, and there shall be oollected trOJl1 everT person, domioiled within the oorporate limits ot the City ot La Porte 1Ibo has been is- sued, by the Texas Liquor Control Board, a permit of ~ ot the following olassesl Brewers, Distillers, Wineries, Reotitiers, Whole8alers, Beer and Wine Wholesalers, Pack- age Sto:res, Wine and Beer Retailers and Paokage Stores tor Wine only, as defined in House Bill WOe 77, a8 passed by the Seoond Called Session of the 44th Legislature, 8Dd _~01ID alII the "TeDs Liquor Control Act", the tollowing ,soheduie of fees, respeotively. ~\ \ . t" e/ I (a) The annua.l permit fee for a Brewer's permit shall be the sum ot Five Hun- "''''' ,J elred Dollars (,500.00). (b) The annua.l permit fee for a Distiller' 8 pemit 8hall be the 8um of Fi va , HW1dred Dollars (,500.00). I j, j " I I (0) The annual permit fee for a Winery permi't shall be the sum. of Twenty-Five Dollars (,26.00). (d) The annual permittee for a Reotifier's permit 8hall be the sum ot Fi'V'8 Hundred 'Dollar. (,500.00). (e) The 8.DDual permit fee for a Wholesaler'S permit shall be the sum ot Siz ,," _~dred 'l'wenty-FiT8 Dollars (,625.00). i ~'~>) (t) The am:i.ufu. permit fee tor a Beer and Wine Wholesaler' 8 permit U sum Il)f Fifty Dollars (,60.00). / ---_.,,,, shall be (g) 'l'he annual permit tee for a Paokage store permit shall be the SUlll ot TnDty..F~lT8 Dollars (,25.00). e e -2- (h) The annual permit fee tor a Wine and Beer Retailer's penni-t shall be the : sum of Fifteen Dollars (,16.00). Eaoh Wine and Beer Retailer's permit shall au~horize the holder thereof -to a180 sell beer oontaining not more than tour per cen-tum (4%) of aloohol by wight without need of sepa.ra-te lioense. (i) The annual permi-t he tor a Paokage store permit tor wine only shall be the BUDl ot Two and 60/100 Dollars (,2.60). "- (j) Betore any permi-t required by this Section of this Ordinanoe shall be issued, 'the annual permit fee required therefor shall be paid to the City Seoretary tor the use, and benefit ot the general tund 01' the City. Upon app1ioation aooClllpanied by said pe,rmit tee, it shall be -the duty of the City Seoretary to forthwith issue the pro-' per permit. All permit tees levied by thi8 Seotion shall be paid in ad'Vanoe tor one (1) year unless suoh tee be oolleoted for only a portion of the year. In suoh event the tee I , . ) requ1re,d shall oover the period ot t1me trcm the date ot the permit to midnight ot Aug- uet 3ls'(; next 8uooeeding and only the proportionate part ot the tee levied for suob per- mit shall be oollected. The tractione,l part ot ~ month remaining shall be oounted as one (1) month in caloulating the fee that shall be due. Ho permittee shall obtain any refund 11pon surrender or non-use ot tmy permit issued under this Seotion ot this Ordi- nance.. . (k) It 8hall be unlawtul tor ~ person who has been issued, by the Texas Liquor (:ontrol Board, B.!IY permit ot the olasses mentioned in this Seotion ot the Ordi- nanoe" t;o engage in the business authorized thereunder within the oorporate limits ot '" ....~ the ctt;\" without first having paid the City permit tee alIened by thi.. Ordinanoe. .~./ Seotion 3. It shall be unlawtul tor any liquor dealer to sell or deliver in- toxioating liquor within the oorporate limits ot the City ot La Porte where the plaoe of business ot ~ suoh dealer is within Three Hundred l3oo) teet ot any Churoh, Sohool or other educational, institutions, the measurements to be along the property line ot the street..lfronts and tram front door -to tront door and in e! dire 010 line aoross inter- sections Where they ooour. Seotion 4. The word "Beer" as hereinafter used in thiB Ordinance shall mean any malt beverage oontaining one-halt (I-) ot one per oentum (1%) or more of aloohol by volume 8.l1d not more than tour per oentum ("%) ot aloohol by weigh-t. Seotlon 6. There is hereby levied, and there shall be oolleoted from every '-))per80n dC810iled withh the oorporate limits of the Ci-ty of La Porte who has been lllued, "-... , . .,/ by the Allselsor and Collector tlf taxes tor Harris County, Tems, a lioensG ot ~ ot the toll~; olasses, Manufaoturers, General Distributors, Local Distributors and Retail Dealerll, al defined in HOUle Bill No. 7'1, as passed by the Seoond called Se8sion ot the .,'. e e -3- 'l ,44t.h Legislature. and known as the "Texas Liquor Control Aot". the following sohedule I I ,ot relits. respeotively, / (a) For license authorizing the manufaoture ami sale by a manufaoturer, Two Hundr..d Fifty Dollars (,250.00). (b) For a General Distributor. One Hundred Dollars (,100.00). (0) For a Local Distributor. Twnty-Five Dollars (,25.00). / (d) For a li08nse authorbillg the sale of beer by RetaU Dealer tor oonsump- tion (In or ort the premises 'Where sold. TW8lve and 50/100 Dollars (112.50). le) For a license authorizing the sale ot beer by Retail Dealer in the origi- na1 oClntainer direot 1:;0 the oonsumer, but not for resale. and not to be oonsumed on the premises where 801d. Five Dollars (,5.00). .l~. (f) Any 1ioense issued under the terms of this Seotion of this Ordinanoe au- thorb1ng the manufaoture. distribution and sale ot beer shall te:nn1.nate one (1) year tram, the date issued and no 1ioense shall be issued for a longer term than one (1) year. .Any such 1ioense may be renewed by app1ioation theretor and payment of the fee there tor to the City Seoretary and it shall be the duty of the City Seoretary to forthwith issue such renewal lioense. (g) Bo Manufaoturer. General Distributor. Local Distributor or Retail Dealer shall I)lUTY on such business at more than one plaoe UDder the same lioense, but a separ- ate lil1ense must be obtained tor each plaoe of business. nor I!Ihall any such lioense be voluntllrl1y assigned more than onoe. Should the original lioensee or the asa1gnee de- ;...., I I , " \ sire t() ohange the place designated in said license he may do so by applying to the City , , , 'SeorotsLry as in the case of the original application tor license 1.8 herein pronded. No lioElnsee shall obtain any retund upon surrender or non-use of any license tor the manufac~ure. sale or distribution of' beer. (h) Every license required by this Seotion of' this Ordinanoe issued prior to the etf'eotive date hereot to ~ Manufacturer. General Distributor. Local Distributor or Reta,ll Dealer. llhall remain in foroe until midnight ot Deoember 31. 1936 aDd provided ,that the *bhedule of' license tees provided in Sub-8eotions a. b. c. d and e of' this Seo- tion of' this Ord1nanoe 8haJ.l not be effeotive until JanuBrJ 1. 1936. (i) Before any lioense required by this Seotion of this OrdtDance shall be issued 'the annual license tee required 10 here tor shall be paid to the Cit1 Seoret&.ry' tor ~ '.. ). ,rhe use and benetit of' the general fund of the City. Upon applioation aooompanied by said 111l)ense tee 1t shall be the duty ot the Cit1 Seoretary to forthwith issue the pro- per liol:tDse. e e -4- (j) It shall be unlawful tor 8.J11' person who has been issued, by the Assessor and CoHeotor ot taxes tor Harris County, Texas, any' license of the 01a888s mentioned in this SElction ot this Ordinenoe, to engage in the bU8iness authorized thereunder within the cOJ'porate limits of the City without first having paid the City license fee as levied by thill Section or this Ordinance. Seotion 6. It shall be unlawtul tor any dealer whose prinoipal business is the sale ot beer to sell or deli'Ver beer within the oorporate limits ot the City ot La Porte lIrhere the plaoe ot business ot any such dealer is within Three Hundred (300) teet ot 8J:JY Churoh, Sohool or other eduoational institutions, the measurements to be along the property line ot the street fronts and from front door to tront door and in a direct line acrOBS intersections where they ooour. \, I 1 Section 7. Every person who has been issued a permit or license under the pro- vidon of this Ordinanoe shall display suoh penrdt or ,lioense in some conspiouou8 plaoe in the house where the business authorized thereunder is oonducted. Section 8. A:ny person who violates ~ provision ot this Ordinanoe shall be deemed guilty ot an ottense against the City ot La Porte, Texas, and any person so of- !'ending .hall. upon oonvioUon. be fined in IZIT.... not le.. t;~ ,Dollars (,~?P J nor more than One HUDdred Dollars (,lao.OO) and eao day'S vio- lation shall constitute a. separate ottense. Seotion 9. All Ordinanoes or parts ot Ordine.nces heretotore pa.ssed which a.re in oonfliot herewith are hereby e~resely repealed. It any Seotion or parts of Seotions ',-, , ,or ~ l?rovision, paragra.ph, sentenoe, ola.use, phra.s~ or word oontained in this Ordinanoe \ I 'shall bl:t held by the Courts to be unoonstitutiona.l or tor 8DY rea.80n invalid, suoh hold.. iIlg shall not efteot the remaining portions ot this Ordinanoe and the City Counoil ot the City of La Porte hereby deolares that it would ha.V8 passed such remaining portions despite such inve.lidity. Section 10. The taot that the best interest and general welfare of the City require 'that the levies and regulations made herein be put into etteot promptly oonsti- tutes IUld orea.tes an emergenoy and' an urgent public neoessity requiring that the rules providhag for Ordinanoes to be read at three (3) several meetings be suspended and that this Orelinance be passed as, and take etfect as, an emergency measure and that such rules axLd regulations are aooordingly sus.pended and this Ordina.nge is passed and shall ;take et1~eot immediately from and after its introduction and passage on its first read- ing, e.t't;er publioation as required by. law, and it i8 80 ordained. . '. e e ,",. .... "\ -5- Passed and. approved this the 2~ of ~~~, A. D. 1936. ATT Ef)T I S~Porto, To.... o~a3- ~ Mayor, City of La Porte, Texas i I ~---_..... ( . . ( / ORDINAN(.'E NO. ~94 AN ORDINANCE ESTABLISHING A SYSTEJl OF PERMITS AND LICENSES FOR PERSONS EN- . JED n THE VARIOUS PHASES OF THE LIQUOR TRAFFIC WITHIN THE CORPORATE LIMITS OF THE IJUY OF LA. FORTE, TEXAS, LEVYING FEES .AND PROVIDING FOR THEIR COLLECTION AND USE: PRO~UB- ITINe; THE SALE OF LIQUOR AND BEER WITHIN THREE HUNDRED (300) FEET OF CHURCHES, SCHOOLS ( AND OTHER EDUCATIONAL INSTITUTIONS, PROVIDING A PENALTY FOR VIOLATIONS OF THE PROVI- SIONI~ OF THE ORDINANCE; REPEALING ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEBE- nrm AND DECLARING AN EMERGENCY. BE r.r ORDAINED BY THE O~Y COUNOIL OF THE CITY OF LA PORTE, TEXAS, THAT I Seotion 1. For the purpose of' this Ordinanoe, the term "city" means the City ot LEL Porte, in Harris County, Texas; the term "City Seoretary" means the secretary ot ",--- _~hn said City ot La. Porte J the tem "person" shall be held and construed to mean and ,bIde persons and finns, assooiations and oorporations, whether acting by themselves .- b)" a servant, agent or employee; the term "intoxioating liquor" shall mean and re- fer to any alooholio beverage oontaining aloohol in exoess ot tour per oentum (4%) by weight unless otherwise Indicated. Seotion 2. There i8 hereby levied, and there shall be oollected from every person damioiled within the oorporate limits of the City ot La Porte who has been i8- sued, by the Texas Liquor Control Board, a permit of any of the following olassesl Brewe,rs, Distillers, Wineries, Reotifiers, Wholesalers, Beer and Wine Wholesalors, Pack- age S'~ores, Wine and Beer Retailers and Package Stores tor Wine only, as defined in House Bill No. 77, as passed by the Seoond Called SessioD ot the 4~th Legislature, and O'm as the "Texas Liquor Control Act", the following schedule of fees, respeotivelyl . .- (a) The annual permit tee tor a Brewer's permit shall be the sum of Five Hun.. ~red Dollars <.500.00). (b) The annual penni1i fee for a Distiller's permit shall be the sum of Five HUDt.re,dDollars (,500.00). (0) The annual permit fee for a Winery permit shall be the sum of Twenty-Five Dollars (,26.00). (d) The annual perm:1, t, f.ee for a- Rectifier's permit shall be the sum. ot Five Hundred Dollars (,500.00). (e) The annual permit fee tor a 'Wholesaler' B permit shall be the sum. ot Six " -Hundrel:l Twenty-Five Dollars (,625.00). " ,~ ~ (f) The a.ml.ual permit tee tor a Beer and Wine Wholesaler' 8 permit shall be J sw~ ot Fif't,y Dollars (,50.00). (g) The annual permit fee tor a Paokage store permit shall be the sum of Twenty-Five Dollars (,25.00). .~ e . ! -2- alcohol by weight without need of separate lioense. (i) The annual permit 1'ee tor a Paokage store permit for wine only shall be the sum of Two and 50/100 Dollars (12.50). . (j) Before any permit required by this Section of this Ordinance shall be issuI,d, the annual permit fee required therefor shall be paid to the City Seoretary for thIS 'lse and benefit of the general tund of the City. Upon applioation aocompanied by said permit fee, it shall be the duty of the City Seoretary to forthwith issue the pro- ps;r permit. All permit tees levied by this Seotion shall be paid in adw.noe for one (1) ..-...... - year unless suoh tee be colleoted for only a portion 01' the year. In such event the fee reqw.red shall oover the period 01' time tram the date of the permit to midnight of Aug- Ul9'ti ~ilst next suoceeding and only the proportionate part ot the tee levied for suoh per- mit. 15:hal1 be oolleoted. The fractional part ot any month remaining shall be oounted as one (1) month in caloulating the tee that shall be due. No per.ndttee shall obtain any refund upon surrender or non-use ot any permit issued under this Seotion of this Ordi- nance. . (k) It shall be unlawtul for aJ:Qr person who has been issued, by the Texas Liq'llo:r Control Board, any permit of the classes mentioned in this Section 01' the Ordi- nance" to engage in the bUBineea authorbed thereunder within the oorporate limits of 'the CHiy without tirst having paid the City permit fee as levied by thi:8 Ordinanoe. 4t, Seotion 3. It shall be unlawful tor any liquor dealer to sell or deliver in- tox~loating liquor within the corporate limits ot the City of La Porte where the p1aoe of l)Ulliness ot any suoh dealer is within Three Hundred l300) teet of any Churoh, School or otllLer educational institutions, the measurements to be along the property line ot 'the street fronts and from front door to front door and in a direot line aoross inter- sections where they ocour. ", Section 4. The word "Beer" as hereinafter used in this OrdiD8.Dce shall mean any malt beverage oontaining one-half (t) of' one per centum (1%) or more of' aloohol ~ volume and not more than tour per oentum (4%) of alooho1 by weight. Seotion 5. There is hereby levied, and there shall be 0011eoted tram. every . pers'on domioiled within the corporate limits 01' the City of La Porte who has been issued, by the Assessor and Collector of taxes tor Harris County, Texas, a lioense of any 01' the foll,~~ olasses: Manufaoturers. General Distributors, Local Distributors and Retail Dealeras, as defined in House Bill No. 77, as passed by the Seoond called Session 01' the f . . -3- '-, 44th Legislature, and known as the "Te:m.s Liquor Control Aot", the following schedule - 01' tees, respectively, (- (a) For license authorizing the manufaoture and sale by a manufacturer, Two H~dred Fifty Dollars (,250.00). (b) For a General Distributor, One Hundred Dollars (,100.00). (0) For a Local Distributor, Twenty-Five Dollars (,25.00). / (d) For a license authoriziZJg the sale of beer b7 Retail Dealer for oonsump- til)D on or off the premises 'Where sold, Twelve and 50/100 Dollars (,12.50). le) For a lioense authorizing the sale of beer b.r Retail Dealer in the origi- nal oontainer direct to the oonsumer, but not tor resale, and not to be oonsumed on the premises where sold, Five Dollars (,5.00). __ <'---. (f) A:ny lioense issued under the terms of this Seotion ot this Ordinance au- 'thorizing 'the manu1'aoture, distribU'tion and sale of beer shall terminate one (1) year b'om the date issued and no license shall be issued tor a longer term 'tha.n one (1) year. AIry such lioense may be renewed by applioa'tion therefor and payment or the fee therefor tn the City Seoretary and it shall be the duty 01' the City Seoretary to forthwith issuo . Sllch renewal lioense. (g) No :Manufaoturer, General Distributor, Loca.l Distributor or Retail Dealer anall carry on such business at more than one pla.oe under the same license, but a separ- ate license must be obtained tor eaoh place at businesG, nor shall any suCh lioense be voluntarily assigned more than once. Should the original lioensee or the asai@.1lee de- ,!.ire to ohange the place designated in said license he may do so by applying to the City Secretar,y as in the case ot the original application for license 8,S herein provided. !fo lioensee shall obtain any retund upon surrender or non-use of 8IJy lioense tor 'the D~utaoture, sale or distribution of beer. lh) Every license required by this Section of this Ordinance issued prior to the etteotive date hereof to any Manufacturer, General Distributor, Local Distributor or Retail Dealer, shall remain in foroe until midnight of Deoember 31. 1935 and provided 'l:hat the 'Uthedule 01' license fees provided in Sub-Sections a, b, 0, d and e ot this Sec- ,tion of this Ordinanoe shaJ.l not be effeotive until January 1. 1936. (i) Berore aw l1,08nse -required by this Seotion 01' this Ordinance shall be issued the &.m1ua.l license tee required theretor shall be paid to the City Seoretary tor the use and benetit at the general f'und of the City. Upon application acoompanied by said lioense tee it shall be the duty of the City Seoretary to forthwith issue the pro- /-._~" - per license. f . . ., f -4... " (j) I't shall be unlawful tor any person who has been issued, by the Assessor ,~ E\J1d Collector ot taxes for Harris county, Te:ms, any license of the olasses mentioned in thil:l Section of this Ordinance, to engage in the business authorized thereunder within t:.-te corporate ltmits of the City without first having paid the City license tee as levied by 'chis Secrliion ot this Ordinanoe. Section 6. It shall be unlawful for anY' dealer whose principal business is the sale ot beer to sell or deliver beer within the corporate limits ot the City ot La. Porte where the place of business of any such dealer is within Three Hundred (300) feet of any Churoh, School or other educational institutions, the measurements to be along the property line of the street fronts and from front door to front door and in a direct lin~ across intersections where they oocur. _I Section 7. Every person who has been issued a permit or license under the pro- 'triEl1on of this Ordinanoe shall display such permit cr 1ioense in some conspicuous plaoe in the house where the business authorized thereunder is oonducted. Section 8. Any person who violates any provision of this Ordinanoe shall be deEmed guilty of an offense against the City of La Porte, Texas, and any person so 01'- fending shall, upon oonviotion, be fined in any sum. not less th Dollars (,~?P ) nor more than One Hundred Dollars (,100.00) la1:;ion shall constitute a separate offense. Seotion 9. All Ordinances or parts ot Ordinances heretofore passed which are in oonfliot herenth are hereby e::r.pressly repealed. If any Seotion or parts of Sections - or any provision, paragraph, sentenoe, olause, phrase or word oontained in this Ordinanoe sha-ll be held by the Courts to be unconstitutional or for any reason invalid, suoh hold... iDg shall not efteot the remaining portions of this Ordinanoe and the City Counoil ot the City of La Porte hereby declares that it would have passed such remaining portions despite such invalidity. Section 10. The tact that the beet interest and general welfare of the City require 'that the levies and regulations made herein be put into effect promptly oonsti- tutes and create a an emergency arid' an urgent public nece sst ty requiring that the rules pr'oviding tor Ordinanoes to be read at three (3) several mee'tings be suspended and that this Ordinanoe be passed as, and take etf'eot as, an emergency measure and that such .,/'" ---~. r\ues and regulations are aooordingly suspended and this Ordinanoe is passed and shall - t&Lke effect immediately !'rom and after its introduction and passage on ita first read- lug, after publioation as required by law, and it is so ordained. , . . ,'-............... .. -5- Passed and approved this the 2~ of ~~~, A. D. 1935. ---' MT1!:'ST I Texas "'-, - ,/ ---.." -' ~.....-- - - o~a3#~ Mayor, City of La Porte, Texas