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HomeMy WebLinkAboutO-2014-3534 amend Chapter 6,provide variance procedures for alcohol sales within 300 feet of schools, churches and hospitalsORDINANCE NO. 35 ✓T AN ORDINANCE AMENDING CHAPTER 6 OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, RELATING TO THE GRANTING OF VARIANCES TO DISTANCE REQUIREMENTS FOR THE SALE OF ALCOHOL NEAR CHURCHES, PUBLIC SCHOOLS, AND PUBLIC HOSPITALS; PROVIDING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1: That Chapter 6, "Alcoholic Beverages," Article I, "In General", Section 6-2 "Sale near churches, public hospitals and public schools", of the Code of Ordinances, La Porte, Texas, is hereby amended to read as follows: "Sec. 6-2. Sale near churches, public hospitals and public schools. (a) It shall be unlawful for any dealer whose principal business is the sale of alcoholic beverages to sell or deliver alcoholic beverages within the city limits where the place of business of any such dealer is within 300 feet of any church, public school or public hospitals. (b) The measurement of the distance between the place of business where alcoholic beverages are sold and the church or public hospital shall be along the property lines of the street fronts and from front door to front door, and in direct line across intersections. The measurement of the distance between the place of business where alcoholic beverages are sold and the public schools shall be in a direct line from the property line of the public school to the property line of the place of business, and in a direct line across intersections. (c) As to any dealer who held a license or permit on September 1, 1983, in a location where a regulation under this section was in effect on that date, for purposes of subsection (a) of this section, the measurement of the distance between the place of business of the dealer and a public school shall be along the property lines of the street fronts and from front door to front door, and in direct line across intersections. (d) Pursuant to Section 109.33(e) of the Texas Alcohol Beverage Code, the City Council may, upon application of a business subject to the distance requirements established in this section, allow a variance to the regulation if the City Council determined that enforcement of the distance requirements in a particular instance 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; or 6) for any other reason, the City Council, after consideration of the health, safety and welfare of the public and the equities of the situation, determines that the variance is in the best interest of the community. (e) Before granting a variance under subsection (d) of this section, the City Council shall hold a public hearing to receive input from the public on the requested variance. The city secretary shall publish a notice of the public hearing at least ten (10) days before the hearing date. In addition, written notice of the public hearing before the City Council on the requested variance must be sent to the owners of real property within three hundred (300) feet of the property for which the variance is requested. Separate notices must be sent to any church, child care facility, daycare center, public or private school, or public hospital located within three hundred (300) feet of the property for which a variance is requested and to the superintendent of the school district in which the property requesting the variance is located. The notice may be served by its deposit, properly addressed with postage paid, in the United States mail. (f) The applicant for the variance must reimburse the city for the costs of publishing the notice of public hearing and mailing written notice to surrounding property owners, churches, child care facilities, daycare centers, public or private schools, public hospitals, and school district superintendents before the public hearing is held." Section 2: 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 3: 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 4. 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 5. This Ordinance shall be effective upon its passage and approval. PASSED AND APPROVED this the day of , 2014. CTI IIn ATTEST: (A AIA Ah=A) Arz;s) City Secretary APPROVED: City Attorney I