HomeMy WebLinkAboutO-2010-3309 repealing Ordinance 1000-1,relating of the regulation of sellers of wine and beer17
RVOI JEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: December 13, 2010
Requested By: C Askinc/M Gillett
Department: City AttarueyXity Seeretary —
Report: Resolution: Ordinance: X
Exhibits: Ordinance
Exhibits:
Exhibits
Budget
Source of Funds:
Account Number:
Amount Budgeted:
Amount Requested:
Budgeted Item: YES NO
SUMMARY & RECOMMENDATION
At the November 8, 2010 City Council Meeting, the La Porte City Council discussed amending
the Chapter 6 "Alcoholic Beverages", Article III "Beer and Wine" section of the of City of La
Porte Code of Ordinances, relating to the regulation of sellers of beer and wine. Staff was
directed to move forward with amending the ordinance.
Action Required by Council:
Approve Ordinance repealing Ordinance 1000-1, Chapter 6, Article III of the Code of
OXMROpces, relating to the regulation of sellers of wine and beer.
Ron Bottoms City Manager
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Date
ORDINANCE NO.
AN ORDINANCE REPEALING ORDINANCE 1000-1 AND AS CODIFIED IN CHAPTER 6
"ALCOHOLIC BEVERAGES", ARTICLE III "BEER AND WINE" OF THE CODE OF
ORDINANCES OF THE CITY OF LA PORTE, RELATING TO THE REGULATION OF
SELLERS OF WINE AND BEER; CONTAINING A REPEALING CLAUSE; CONTAINING
A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS
LAW; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS:
Section 1. Ordinance 1000-1 and as same is codified in Chapter 6 "Alcoholic Beverages", Article III
"Beer and Wine", Sections 6-76 "Definitions", 6-78 "Location of Sales; permit" , 6-79 "Exemptions", 6-
80 "Issuance; renewal of permit", 6-81 "Intent; Compliance with state law and other regulations", is
hereby repealed in its entirety.
Section 2. Chapter 6 "Alcoholic Beverages", Article III. "Beer and Wine" of the Code of Ordinances of
the City of LaPorte, Texas, is hereby amended in its entirety and shall hereinafter read as follows:
"Sec. 6-67. Sale of beer in residential areas of city.
The sale of beer is prohibited in residential areas of the city.
Cross reference—Residential district regulations, § 106-331 et seq.
State law reference—Authority to prohibit the sale of alcoholic beverages in residential areas,
V.T.C.A., Alcoholic Beverage Code § 109.32."
Section 3. Open Meetings. The City Council officially finds, determines, recites, and declares that
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 ruing 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 4. Severability. Should any section or part of this ordinance be held unconstitutional, illegal, or
invalid, or the application to any person or circumstance for any reasons thereof ineffective or
inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or part shall
in no way affect, impair or invalidate the remaining portions thereof, but as to such remaining portion or
portions, the same shall be and remain in full force and effect and to this end the provisions of this
ordinance are declared to be severable.
Section 5. Effective Date. This Ordinance shall be effective upon its passage and approval.
w PASSED AND APPROVED on the k3 day of t7.QCQi&K 2010.
By:
LoueRiggby
Mayor
ATTEST:
Martha A. Gillett
City Secretary
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Clark T. Askins
Assistant City Attorney