O-2019-3763-A Amending Chapter 6 "Alcoholic Beverages"

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ORDINANCE NO. 2019-3763 - A AN ORDINANCE AMENDING CHAPTER 6 "ALCOHOLIC BEVERAGES," ARTICLE H "LICENSE OR PERMIT," SECTION 6-36 "REQUIRED" AND SECTION 6-38 "ISSUANCE; TERM." OF THE CODE OF ORDINANCES IN CONNECTION WITH ISSUANCE OR RENEWAL OF AN ALCOHOLIC BEVERAGES LICENSE OR PERMIT BY THE CITY OF LA PORTE, TEXAS; PROVIDING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF WHEREAS, the City of La Porte issues liquor and alcohol permits and licenses in accordance with the Texas Alcoholic Beverage Code, and the City previously adopted and/or amended Sections 6-36 and 6-38 in the Code of Ordinance adoption of 1970 and by adoption of Ordinance 97-2201 on November 10, 1997; and WHEREAS, Sections 11.38 and 61.36 of the Texas Alcoholic Beverage Code set guidelines for the collection of fees and taxes in association with the issuance of a city license or permit, and it is necessary to amend the Code of Ordinances to conform to the requirements of this law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1. That Chapter 6, "Alcoholic Beverages," Article 11 "License or Permit," Section 6-36 "Required." of the LaPorte, Texas, Code of Ordinances is hereby amended to read as follows: "Sec. 6-36. — Required. It shall be unlawful for any person to manufacture, brew, distill, sell, or distribute any alcoholic beverage within the city, or to engage in any other activity for which a license or permit is required by the Texas Alcoholic Beverage Code, without first paying the fee levied in section 6-37 of this Code to the city. Home production of wine, ale, malt liquor or beer meeting the requirements of the Texas Alcoholic Beverage Code, and as such law is amended, is authorized within the corporate limits of the city, and is not subject to the fee levied in section 6-37 of this Code. No license or permit shall be issued or renewed by the city unless all City of La Porte ad valorem taxes, hotel occupancy taxes, and local sales and use taxes due on the permitted or licensed premises or due from a business operated on the permitted or licensed premises have been paid by the applicant or licensee/permittee. Section 2. That Chapter 6, "Alcoholic Beverages," Article II "License or Permit," Section 6 38 "Issuance; term." of the La Porte, Texas, Code of Ordinances is hereby amended to read as follows: "Sec. 6-38. - Issuance; term. Upon the payment of the applicable fee required under this article to the city and exhibition of a permit or license duly issued by the state to the applicant or person paying such fee, the city shall issue to such applicant a license or permit to engage in business in the city of the character