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ORDINANCE NO. 2018-3717
<br />AN ORDINANCE WAIVING THE REQUIREMENTS OF SECTION 6-2 OF THE LA PORTE CODE
<br />OF ORDINANCES AND AUTHORIZING THE SALE OF ALCOHOLIC BEVERAGES FOR AROMA'S
<br />ITALIAN GRILL, L.L.C, D/B/A AROMA'S ITALIAN GRILL, LOCATED AT 1023 S. BROADWAY ST.,
<br />FOR ON -PREMISES CONSUMPTION OF ALCOHOLIC BEVERAGES WITHIN THREE -HUNDRED
<br />FEET OF LA PORTE HIGII SCHOOL; CONTAINING A SEVERABILITY CLAUSE; FINDING
<br />COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE
<br />HEREOF.
<br />WI-JER]"AS, Section 109.33 of the Texas Alcoholic Beverage Code authorizes the governing board of all
<br />incorporated city to enact regulations prohibiting the sale of alcoholic beverages if the place of'bUSiness is within
<br />three hundred feet of any church, public school or public hospital; and
<br />WI-ll'_`REAS, Chapter 6, Section 6-2 of the City Code of the City of La Porte prohibits the sale of alcoholic
<br />beverages if the place of business is within three hundred feet of any church, public school or public hospital; and
<br />WI-IEIZF1`AS, Section 109.33 of"the Texas Alcoholic Beverage Clode also authorizes the governing body of all
<br />incorporated city to allow variances to the regulation if the governing body determines that enforcement of the
<br />regulation in a particular instance is not in the best interest of the public, constitutes waste or inefficient use of
<br />land or other resources, creates all undue hardship on all applicant for a license or permit, does not serve its
<br />intended Purpose, is not effective or necessary, or for any other reason the governing board, after consideration
<br />ofthe health, safety, and welfare of the public and the equities of the situation, determines is in the best interest
<br />of the community; and
<br />WI-11"'8EAS, the La Porte City Council has previously passed and approved all ordinance amending Chapter 6 of
<br />the [,a Porte Code of Ordinance, which ordinance established procedures and guidelines for the granting of a
<br />variance to the prohibition; and
<br />WHEREAS, the business premises at 1023 S. Broadway St. is situated within three hundred (300) feet of the
<br />nearest property line of La Porte I ligh School, a public school, thus making the sale of alcoholic beverages a
<br />violation contrary to Section 6-2 of the City Code of Ordinances, and Arorna's Italian Grill, I..I,C, d/b/a Aroma's
<br />Italian Grill has filed all application with the City of La Porte for a variance to the prohibition;
<br />W1113"REAS, a public hearing to receive input from the public concerning Aroma's Italian Grill, LLC, d/b/a
<br />Aroma's Italian Grill's application for a variance to the prohibition was held during the L,a Porte City Council's
<br />regular meeting can July 23, 2018, and that notice of such public hearing was published in the City's official
<br />newspaper at least tell (10) days before the public hearing date; and, that written notice of such public hearing
<br />was sent to the owners of real property within 300 feet of the premises at 1023 S. Broadway St., and that separate
<br />notices were sent to each church, child care facility, daycare center, public or private school, or public hospital
<br />located within 300 feet of the prernises at 1023 S. Broadway St,, as well as to the superintendent of the La Porte
<br />I.S.D.
<br />NOW 111EIZEFORE, ME. 11"'ORDAINED BY TFIE CITY COUNCII, OFTHE CITY OF I,A PORTE, TEXAS:
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