HomeMy WebLinkAboutO-2010-1000-1-U alcohol permit/Smokes Wingsc r
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: September 13 010
Requested By: M- Gillett
Department:City Secreiaq,
Report: Resolution: Ordinance: X
Exhibits: Ordinance
Exhibits:
Exhibits
BudEet
Source of Funds:
Account Number:
Amount Budgeted:
Amount Requested:
Budgeted Item: N/A
SUMMARY & RECOMMENDATION
Ordinance 1000-1-U if approved, would allow a new applicant to sell beer and/or wine at
Smokes Wings. 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-U granting an alcohol permit to Smokes Wings.
Action Required by Council:
approval of ordinance 1000-1-U
RonDate
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ORDINANCE NO. 1000-1-U
AN ORDINANCE OF THE CITY OF LA PORTE, TEXAS, AMENDING CHAPTER 6,
"ALCOHOLIC BEVERAGES", SECTION 6-78, "LOCATION OF SALESI PERMITH,
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
RESTAURANTI PROVIDING A SAVINGS CLAUSE, PROVIDING A SEVERABILITY
CLAUSEy 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: 324 West Main Street
La Porte, TX 77571
LEGAL DESCRIPTION OF PROPERTY:
PROPERTY OWNER:
NAME OF APPLICANT:
ADDRESS OF APPLICANT:
TRADE OR BUSINESS NAME
OF RESTAURANT BUSINESS:
Lots 11 and 12, Block 58
La Porte, Harris County, Texas
J. J. Meza
Gasha Jones
9801 W. Fairmont Parkway #603
La Porte, TX 77571
Smoke's Wings
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:
11(19) Lots 11 and 12, Block 58, La Porte"
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
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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 Ordinance does not
conflict with the provisions of the Texas Alcoholic
Beverage Code; and
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 5. 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
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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 18+Y day of x'2010.
ATTEST:
Martha A. Gillett
City Secretary
A7ZO;��
Clark-T. Askins /
Assistant City Attorney
CITY OF RTE
By:
Lou s igby ayor
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