HomeMy WebLinkAboutOrd 2024-3988 - Alcohol Sales - Garden of EdenORDINANCE NO. 2024-3988
AN ORDINANCE WAIVING THE REQUIREMENTS OF SECTION 6-2 OF THE LA
PORTE CODE OF ORDINANCES AND AUTHORIZING THE SALE OF ALCOHOLIC
BEVERAGES FOR GARDEN OF EDEN FLORAL & GIFTS, LLC., LOCATED AT 10515
SPENCER HIGHWAY, LA PORTE, TEXAS, FOR ON -PREMISES CONSUMPTION OF
ALCOHOLIC BEVERAGES WITHIN THREE -HUNDRED (300) FEET OF RIZZUTO
ELEMENTARY SCHOOL; CONTAINING A SEVERABILITY CLAUSE; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
WHEREAS, Section 109.33 of the Texas Alcoholic Beverage Code authorizes the governing
board of an incorporated city to enact regulations prohibiting the sale of alcoholic beverages if the
place of business is within three hundred feet of any church, public school or public hospital; and
WHEREAS, Chapter 6, Section 6-2 of the City Code of the City of La Porte prohibits the sale of
alcoholic beverages if the place of business is within three hundred (300) feet of any church, public
school or public hospital; and
WHEREAS, Section 109.33 of the Texas Alcoholic Beverage Code also authorizes the governing
body of an incorporated city to allow variances to the regulation if the governing body determines
that enforcement of the regulation in a particular instance is not in the best interest of the public,
constitutes waste or inefficient use of land or other resources, creates an undue hardship on an
applicant for a license or permit, does not serve its intended purpose, is not effective or necessary,
or for any other reason the governing board, after consideration of the health, safety, and welfare
of the public and the equities of the situation, determines is in the best interest of the community;
and
WHEREAS, the La Porte City Council has previously passed and approved an ordinance
amending Chapter 6 of the La Porte Code of Ordinances, which ordinance established procedures
and guidelines for the granting of a variance to the prohibition; and
WHEREAS, the business promises at 10515 Spencer Highway, LaPorte, Texas, is situated within
three hundred (300) feet of the nearest property line of Rizzuto Elementary School, a public school,
thus making the sale of alcoholic beverages a violation contrary to Section 6-2 of the City Code of
Ordinances, and Garden of Eden Floral & Gifts, LLC., is requesting a variance to the prohibition;
and
WHEREAS, a public hearing to receive input from the public concerning Garden of Eden Floral
& Gifts, LLC., request for a variance to the prohibition was held during the La Porte City Council's
regular meeting on June 10, 2024, and that notice of such public hearing was published in the
City's official newspaper at least ten (10) days before the public hearing date; and, that written
notice of such public hearing was sent to the owners of real property within 300 feet of the premises
at 10515 Spencer Highway, La Porte, Texas, and that separate notices were sent to each church,
child care facility, daycare center, public or private school, or public hospital located within 300
feet of the premises at 10515 Spencer Highway, La Porte, Texas, as well as to the superintendent
of the La Porte I.S.D.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA
PORTE, TEXAS:
Section 1. The requirements of Section 6-2 of the City Code of Ordinances prohibiting the sale
of alcoholic beverages if the place of business is within three hundred feet of any church, public
school or public hospital are waived for the purposes of the variance request by Garden of Eden
Floral & Gifts, LLC., for the property located at 10515 Spencer Highway, on a .75- acre tract of
land legally described as a portion of Lots 3 & 4, and a portion of Tract 5, Block 2, Payne W J
Survey, Hams County, Texas, and which premises is located within 300 feet of the property line
of Rizzuto Elementary School, a public school, and such variance application is hereby granted,
but subject to the following conditions:
(a) This variance shall be applicable only to applicant, Garden of Eden Floral & Gifts, LLC.,
and the premises located at 10515 Spencer Highway, La Porte, Texas, and shall not transfer
to any successor company or entity.
(b) The sale of alcohol beverages shall be limited to on -premises consumption.
(c) This variance shall not be transferable to a land use other than a restaurant.
(d) This variance shall terminate in the event of non -operation or non-use of a restaurant by
Garden of Eden Floral & Gifts, LLC. on the premises of 10515 Spencer Highway, La Porte,
Texas, for a period of twelve or more successive calendar months.
Section 2: The La Porte City Council determines that enforcement of the distance requirements in
the case of Garden of Eden Floral & Gifts, LLC., located at 10515 Spencer Highway, LaPorte,
Texas, 1) is not in the best interest of the public; 2) constitutes waste or inefficient use of land or
other resources; 3) creates an undue hardship on an applicant for a license or permit; 4) does not
serve its intended purpose; 5) is not effective or necessary; and 6) after consideration of the health,
safety and welfare of the public and the equities of the situation, is not in the best interest of the
community; and in consideration of these factors, that the variance applied for by Garden of Eden
Floral & Gifts, LLC., with the conditions described herein, should be granted.
Section 1 All ordinances or parts of ordinances inconsistent with the terms of this ordinance are
hereby repealed; provided, however, that such repeal shall be only to the extent of such
inconsistency and in all other respects this ordinance shall be cumulative of other ordinances
regulating and governing the subject matter covered by this ordinance.
Section 4: 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 me declared to be sevemble.
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 551, Tx. Gov't 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 immediately upon its passage and approval.
PASSED AND APPROVED this 10th day of NNE 2024.
CITY OF LA PORTS, TE
By:
-
Rick Helton, Mfayor
APPROVED AS TO
City Attorney