HomeMy WebLinkAboutO-2019-3763-A Amending Chapter 6 "Alcoholic Beverages"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
described in and authorized by the permit or license from the state held by Such applicant, and the
license or permit so issued in the name of the city shall authorize the conduct of such business
upon the premises described in the permit or license from the state and shall remain in, force only
so long as such permit or license from the state remains in force."
Section 3. Each and every provision, paragraph, sentence, and clause of this ordinance has been
separately considered and passed by the City Council of the City of La Porte, Texas, and each said
provision would have been separately passed without any other provision, and if any provision hereof
shall be inefl'ective, invalid or unconstitutional, for any cause, it shall not impair or affect the
remaining portion, or any pail thereof, but the valid portion shall be in force just as if it had been
passed alone.
Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent
ol'such conflict only.
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 is 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 Chapter 5.51, 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
thereofhas 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 immediately after its passage and approval.
PASSED AND APPROVED this, the W'h day ofA-2IJ-U-Y-b --, 2019.
AT" ',
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I U eWVoodw�ard, City tecre I tary
APPROVED AS TC) FORM:
'-dark T. Askins, Assistant City Attorney