HomeMy WebLinkAboutO-2007-1000-1-R
B
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
September 10. 2007
S HlIrri~ ~
Bud!!:et
Requested By:
Source of Funds:
Department:
City Sel:rehlry
Account Number:
Report:
Resolution:
Ordinance:
x
Amount Budgeted:
Exhibits: Ordinance
Amount Requested:
Exhibits:
Budgeted Item: YES NO
Exhibits
SUMMARY & RECOMMENDATION
Ordinance 1 OOO-l-R if approved, would allow a new applicant to sell beer and/or wine at Mama Mia's Italian
Restaurant. The City has processed the new application and it meets Code of Ordinance regulation on past due taxes,
liens police investigation and inspections. It is recommended City Council approve 1000-1-R granting an alcohol
permit to Mama Mia's Italian Restaurant.
Action Required bv Council:
Consider approval of ordinance 1000-1- R
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Date
ORDINANCE NO. 1000-1-R
AN ORDINANCE OF THE CITY OF LA PORTE, TEXAS, AMENDING CHAPTER 6,
SECTION 6-78 OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, BY
ADDING AN AREA AT A RESTAURANT WHERE WINE AND/OR BEER FOR
CONSUKPTION ON THE PREMISES MAY BE SOLD, PROVIDING A SAVINGS
CLAUSE, PROVIDING A SEVERABILITY CLAUSE, FINDING COMPLIANCE WITH
THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF.
WHEREAS, the City of La Porte has, in Chapter 6 of the Code of
Ordinances of the city of La Porte, regulated the location, closing
hours, and sale of wine and/or beer on premises in accord with the
provisions of Texas Codes Annotated, Alcoholic Beverage Code,
Chapter lOS, Section 105.05 and section 105.06; and in accord with
the provisions of Texas Codes Annotated, Alcoholic Beverage Code,
Chapter 109, Subchapter C, section 109.31 et seq;
WHEREAS, the Code of Ordinances of the City of La Porte
expressly limits the locations at which wine and/or beer may be
sold in the City, and further expressly identifies the names of
establishments and permit holders authorized to sell wine and/or
beer under the terms of said Code;
WHEREAS, a new applicant desires to sell wine and/or beer at
a location previously permitted in Chapter 6 of the Code of
Ordinances of the City of La Porte;
WHEREAS, the City has, pursuant to the terms of said Code,
made its investigation to ascertain whether said new applicant has
qualified for a beer and/or wine permit from the City; and
WHEREAS, the City has determined that the new applicant
qualifies for a beer and/or wine permit from the City;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF LA PORTE:
Section 1. Chapter 6, Section 6-78 of the Code of Ordinances
of the City of La Porte is hereby amended by granting a new permit
for the operation of a restaurant, as defined in said Code, at the
following location, which permit shall be personal to the applicant
and non-transferable, and shall be further conditioned that the
permittee shall comply with the provisions of the Texas Alcoholic
Beverage Code, and all other applicable federal, state, and local
laws and ordinances, including other provisions of this Ordinance
and the Code of Ordinances of the city of La Porte:
STREET ADDRESS OF PROPERTY: 8200 Spencer Highway
La Porte, TX 77571
LEGAL DESCRIPTION OF PROPERTY: Tract 17M, Abstract 482,
William Jones Survey,
Town of La Porte,
Harris County, Texas
PROPERTY OWNER: Ramiro Trejo Ruiz
NAME OF APPLICANT: Seval Halili
ADDRESS OF APPLICANT: 1900 Tuscany Lane
Arlington, TX 76017
TRADE OR BUSINESS NAME
OF RESTAURANT BUSINESS: Mama Mia's Italian Grill
Section 2. It is the intent of the City Council of the City
of La Porte that this Ordinance merely permit the sale of wine
and/or beer during the hours set by the general laws of the State
of Texas by retailers selling wine and/or beer for consumption on
premises at the locations established in Section 1 of this
Ordinance. This Ordinance is not an attempt to create zoning or
other land use rights in property owners at said location, such
that the provisions of Chapter 106 of the Code of Ordinances of the
City of La Porte, the City of La Porte Zoning Ordinance, together
with all amendments thereto (as such provisions impose standards on
premises or businesses within the City of La Porte, regardless of
whether such business or premises are required to have a license or
permit under the Texas Alcoholic Beverage Code) govern and
supersede the provisions of this Ordinance, in the event of a
conflict between this Ordinance and the provisions of the Zoning
Ordinance and amendments thereto. This application for wine and/or
beer for consumption on premises shall be subject to the provisions
of:
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a. The Texas Alcoholic Beverage Code;
b. Chapter 6 of the Code of Ordinances of the City of La
Porte;
c.
This Ordinance insofar as this
conflict with the provisions of
Beverage Code; and
Ordinance does not
the Texas Alcoholic
d. The Zoning Ordinance of the City of La Porte, and all
amendments thereto, as such provisions apply to all
businesses within the city of La Porte, regardless of
whether or not such businesses are required to obtain a
license or permit under the provisions of the Texas
Alcoholic Beverage Code.
Section 3. If any section, sentence, phrase, clause or any
part of any section, sentence, phrase, or clause, of this ordinance
shall, for any reasons, be held invalid, such invalidity shall not
affect the remaining portions of this ordinance, and it is hereby
declared to be the intention of this City Council to have passed
each section, sentence, phrase or clause, or part thereof,
irrespective of the fact that any other section, sentence, phrase
or clause, or part thereof, may be declared invalid.
Section 4.
The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the pUblic as required
by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon.
The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
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Section 5. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 10th day of September, 2007.
CITY OF LA PO~
~~.~
Alton E. Porter, Mayor
By:
ATTEST:
~t;!6f ~11X.A{C ~
city Secretary
APPROVED:
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CI rk T. Askins
Assistant City Attorney
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