HomeMy WebLinkAboutOrd 2024-3998_Alcohol Sales_De-Ja BrewORDINANCE NO. 2024-3998
AN ORDINANCE WAIVING THE REQUIREMENTS OF SECTION 6-2 OF THE LA
PORTE CODE OF ORDINANCES AND AUTHORIZING THE SALE OF ALCOHOLIC
BEVERAGES FOR DEJA BREW & GIFTS, LOCATED AT 1105 S. BROADWAY, LA
PORTE, TEXAS, FOR ON -PREMISES CONSUMPTION OF ALCOHOLIC
BEVERAGES WITHIN THREE HUNDRED (300) FEET OF LA PORTE HIGH 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 premises at 1105 S. Broadway, La Porte, Texas, is situated within three
hundred (300) feet of the nearest property line of La Porte High 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 De-Ja Brew & Gifts, is requesting a variance to the prohibition; and
WHEREAS, a public hearing to receive input from the public concerning De-Ja Brew & Gifts,
request for a variance to the prohibition was held during the La Porte City Council's regular
meeting on August 12, 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 1105 S. Broadway, 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 me waived for the purposes of the variance request by De-Ja Brew &
Gifts, for the property located at 1105 S. Broadway, in a General Commercial (GC) zoning
district,on a 1.75-acre site, legally described as Lots 8-11, Lots 14-29, Tracts 7, 12, 13 & 30, and
Tracts B & C (Partly Abandoned 16 R Alleys), Block 1110, La Porte, Harris County, Texas, and
which premises is located within 300 feet of the property line of La Porte High 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, De-Ja Brew & Gifts., and the premises
located at 1105 S. Broadway, 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
De-Ja Brew & Gifts, on the premises of 1105 S. Broadway, 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 De-Ja Brew & Gifts, located at 1105 Broadway, La Porte, 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 De-Ja Brew & Gifts, with the
conditions described herein, should be granted.
Section 3: 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 are declared to be severable.
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 12th day of AUGUST 2024.
CITY OF LA P77Y
By:
Rick Helto M or