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HomeMy WebLinkAboutO-1967-765 '. e . .' . e . -~~\ ORDINANCE NO. 7h".s- AN ORDINANCE TO PROTECT THE PUBLIC WELFARE, HEALTH AND SAFETY OF THE CITY OF LA PORTE, TEXAS, BY DECLARING DRIVE-IN RESTAURANTS PUBLIC PLACES; PROHIBITING DISORDERLY CONDUCT OR LOITERING; REQUIRING COMPLIANCE WITH PROVISIONS OF THE TEXAS LIQUOR CONTROL ACT; PROHIBITING LEAVING UNOCCUPIED MOTOR VEHICLES AT DRIVE-IN RESTAURANT PARKING LOTS WITHOUT OPERATOR'S CONSENT; PROHIBITING LOITERING ON THE PREMISES OUTSIDE OF RESTAURANT BUILDING OR LEGALLY PARKED VEHICLES; PROHIBITING PATRONS FROM LITTERING PREMISES; PROVIDING FOR THE POSTING OF SIGN ON PREMISES; CONTAIN- ING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR, AND UPON CONVICTION SHALL BE FINED IN ANY SUM NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00); AND PROVIDING FOR AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LA PORTE, TEXAS, THAT: Section 1. A drive-in restaurant, within the meaning of this ordinance, shall be deemed to be any restaurant where meals, sandwiches, cold drinks, beverages, ice cream or other food is served directly to or is permitted to be consumed by patrons in automobiles, motorcycles or other vehicles parked on the premises. For the purpose of preserving public peace, health and safety, the entire premises occupied by a drive-in restaurant, together with means of ingress thereto and egress therefrom, are hereby declared to be a public place. Section 2. The owner, lessee or operator of any drive-in restaurant shall maintain quiet and good order upon the premises and shall not permit disorderly or immoral conduct or loitering thereon, nor shall he cause or permit any noise or nuisance on the parking area of the drive-in restaurant whereby the quiet and good order of the neighborhood are disturbed. Section 3. It shall be unlawful for any person under the age of twenty-one (21) years to purchase any alcoholic beverage on the premises of any drive-in restaurant, and upon conviction thereof any such person shall be fined 'a sum of not less than Ten Dollars ($10.00) nor more than One Hundred Dollars ($100.00). It shall further be unlawful for any person under the age of twenty-one (21) years to possess, unless such person . - e- e,. . . -2- under the age of twenty-one (21) years be a bona fide employee, as permitted under the Texas Liquor Control Act, on the licensed premises of such drive-in restaurant where such alcoholic beverage is possessed, or consume any alcoholic beverage on such premises unless at the time of such possession or consumption such person under the age of twenty-one (21) years is accompanied by his or her parents, guardian, adult husband or adult wife, or other adult persons into whose custody he or she has been committed for the time by some Court, who is actually, visibly and personally present at the time such alcoholic beverage is possessed or consumed by such person under the age of twenty-one (21) years, and upon conviction thereof shall be fined in a sum of not less than Ten Dollars ($10.00) nor more than One Hundred Dollars ($100.00) . Section 4. It shall be unlawful for any person under the age of twenty-one (21) years to drink on the premises of any drive-in restaurant any alcoholic beverage and attempt to consume or consume same with or without the purchase of any food on the premises of such drive-in restaurant. Section 5. It shall also be unlawful for any person to leave any unoccupied motor vehicle on any drive-in restaurant parking lot and to leave the premises thereof except with the knowledge and prior express consent of the operator or person then in charge of the restaurant. Section 6. It shall be unlawful for three (3) or more persons to congregate on the premises and linger or loiter at any location on the premises of any drive-in restaurant other than in the restaurant building or in a legally parked motor vehicle, without the knowledge and express consent of the operator or person then in charge of the restaurant. Section 7. It shall be unlawful for any patron of a drive-in restaurant to throw or deposit any litter anywhere on the ground or on the streets of La Porte save and except in the receptacles provided therefor. . . -3- .. Section 8. It is declared to be the intention and purpose of this ordinance not to repeal any other ordinance or ordinances now in effect applicable to premises such as drive-in restaurants and it is hereby declared that the purpose of this ordinance is to be cumulative with all other such applicable ordinances; provided, however, that in any conflict in language between this ordinance and any other ordinances or ordinances applicable to drive-in restaurants, the language of this ordinance shall prevail. Section 9. It shall be the duty of the restaurant e.. . operator to post on the premises in a conspicuous location one or more signs bearing the following legend: "CONGREGATING AND LOITERING OUTSIDE OF A MOTOR VEHICLE WITHOUT THE KNOWLEDGE AND EXPRESS CONSENT OF THE OPERATOR OR PERSON IN CHARGE OF THE RESTAURANT IS PROHIBITED BY CITY ORDINANCE. NO UNOCCUPIED VEHICLES MAY BE LEFT ON THESE PREMISES WITHOUT THE CONSENT OF THE RESTAURANT OPERATOR. " Section 10. Severability. The City Commission of the City of La Porte, Texas, does hereby declare that if any section, paragraph, sentence, ~. clause, phrase, word or portion of this Ordinance is declared invalid, or unconstitutional, by a court of competent jurisdic- tion, that, in such event it would have passed and ordained any and all remaining portions of this Ordinance without the inclusion of that portion or portions which may be so found to be unconsti- tutional or invalid, and declares that its intent is to make no portion of this Ordinance dependent upon the validity of any other portion thereof, and that all said remaining portions shall continue in full force and effect. .'.., . ' Section 11. Penalty. Any person found guilty of violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and shall be fined a sum not to exceed Two Hundred . . -4- ~, Dollars ($200.00); provided, however, that if any section of this Ordinance provides for a specific penalty for a particular violation, such penalty shall app~y to such particular violation. Section 12. This Ordinance shall take effect and be in force from and after its passage and approval and publication as required by law. PASSED and APPROVED this the ~~. day of /?...~A~.t:) V' , A.D. 1967. .'-. Texas ATTEST: '-..,---,.----... C<..A )C~-'_L') ~6_.U-<, /_ City Clerk, Ci~y of La Porte, ~exas APPROVED: (~1tJ ~ C1ty Attorney, City of La Porte, Texas e-- , \ , -....~~..:~' e,