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HomeMy WebLinkAboutO-2008-1000-1-T Alcohol Permit-Bullritos No. 1, LLC, 2617 Underwood Road F REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: Seotember 22. 2008 Budl!et Requested By: M GiII('tt Source of Funds: Department: Ci~T Se<<:retuy Account Number: Report: Resolution: Ordinance: x Amount Budgeted: Exhibits: Ordinance Amount Requested: Exhibits: Budgeted Item: YES NO Exhibits SUMMARY & RECOMMENDATION Ordinance 1000-1- T if approved, would allow a new applicant to sell beer and/or wine at Bullritos No.1, LLC. The City has processed the new application and it meets Code of Ordinance regulation on past due taxes, liens, municipal court fines, police investigation and inspections. It is recommended City Council approve 1000-1- T granting an alcohol permit to Bullritos No.1, LLC Action Required bv Council: Co sider approval of ordinance 1000-1- T ORDINANCE NO. 1000-1-T AN ORDINANCE OF THE CITY OF LA PORTE, TEXAS, AMENDING CHAPTER 6, "ALCOHOLIC BEVERAGES", SECTION 6-78, "LOCATION OF SALES, PERMIT", OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, BY ADDING AN AREA IN THE CITY WHERE WINE AND/OR BEER FOR CONSUMPTION ON THE PREMISES MAY BE SOLD IN ASSOCIATION WITH THE OPERATION OF A RESTAURANT, 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 105, 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 for on premises consumption in association with the operation of a restaurant, 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 for consumption on the premises in association with the operation of a restaurant at a location not 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, "Alcoholic Beverages", Article III, "Beer and Wine", Section 6-78, "Location of sales; permit", 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: 2617 Underwood Road La Porte, TX 77571 LEGAL DESCRIPTION OF PROPERTY: Lot 2, Block 1, Underwood Plaza, Harris County, Texas PROPERTY OWNER: Ybarra Investments, Inc. NAME OF APPLICANT: Bullritos No.1, LLC ADDRESS OF APPLICANT: 2617 Underwood Road La Porte, TX 77571 TRADE OR BUSINESS NAME OF RESTAURANT BUSINESS: Bullritos Section 2. Chapter 6, "Alcoholic Beverages", Article III, "Beer and Wine", Section 6-78, "Location of sales; permit", shall be so amended by adding in proper numerical sequence, the following site description: "(18) Lot 2, Block 1, Underwood Plaza" Section 3. 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 2 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: 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 4. 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 s. 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 3 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. Section 6. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this olJ)f)day of ~ff@rMC',/,'2008. ~y OF L:: lO.RTE ~y~ Alton E. Porter, Mayor By: ATTEST: rd!I~ Mar ha A. illett City Secretary AP4W r~ Clark T. Askins Assistant City Attorney 4