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HomeMy WebLinkAboutO-2014-3536 variance Section 6-2 of Code of Ordinances,allowing sale of alcoholic beverages,on-premises consumption,Broadway Cafe, located 1023 S. Broadway St.ORDINANCE NO. X1 4 — � ?? (D AN ORDINANCE WAIVING THE REQUIREMENTS OF SECTION6-2 OF THE LA PORTE CODE OF ORDINANCES AND AUTHORIZING THE SALE OF ALCOHOLIC BEVERAGES FOR V&V SUAZCA INVESTMENTS, INC. D/B/A BROADWAY CAFE, LOCATED AT 1023 S. BROADWAY ST., FOR ON -PREMISES CONSUMPTION OF ALCOHOLIC BEVERAGES WITHIN THREE -HUNDRED 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 feet of any church, public school or public hospital; and i 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 thehealth, 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 Ordinance, which ordinance established procedures and guidelines for the granting of a variance to the prohibition; and WHEREAS, Broadway Cafe 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 has filed an application with the City of La Porte for a variance to the prohibition; 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 hospitalare waived for the purposes of the variance request filed by Jaime Suarez on behalf of V&V Suazca Investments, Inc. D/B/A Broadway Cafe, for the property located at 1023 S. Broadway St., legally described as Lots 3-10, Block 64, Town of LaPorte, 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 V&V Suazca Investments, Inc. D/B/A Broadway Cafe and the premises located at 1023 S. Broadway St., and shall not transfer to any successor company or entity of applicant. (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 on thepremises of 1023 S. Broadway St. 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 Broadway Cafe, located at 1023 S. Broadway St. is 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 granting of the variance applied for by Broadway Cafe, 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. Sections 6e This Ordinance shall be effective immediately upon passage its passage and approval. PASSED AND APPROVED this the__&_ day of 2014. CITY OF L By: �LJOGis R. Rig y, Mayor ATTEST: City Secretary APPROVED: City Attorney nn -Premise Prequalification Packet L -ON MW (0912013) `-Please coin ,leEe.this:Pre uglification Packet::with:anformation:conc [Win :' our:' io S!Fib!3 10 T, .1010 00 A proper governmental qqs:' ro; r.% t your proposed location is legal forthe;type of licenselpermit fob you are applying :::; . e T Ut..X .'60 U to F0. f - . . .9 I e of On -Premise License/Permit JWBG Wine and Beer Retailers Permit El LB Mixed Beverage Late Hours Permit ❑ BE Beer Retail Dealer's On -Premise License ❑ MI Minibar Permit ❑ BL Retail Dealers On -Premise Late Hours License ❑ CB Caterer's Permit C] BP Brewpub License ❑ FB Food and Beverage Certificate 0 V Wine & Beer Retailer's Permit for Excursion Boats E] PE Beverage Cartage Permit El Y Wine & Beer Retaller's Permit for Railway Dining Car [:1 RM Mixed Beverage Restaurant Permit with FB [I MB Mixed Beverage Permit 2. IrWicate Primary Business at this Location Restaurant [:] Sporting Arena, Civic Center, Hotel Bar F1 Miscellaneous E] Sexually Oriented 3. Trade Name of Location 7B D' W!�3. tG- ---C,6 4. 4. Location Address I City County A State Zip Code -LAA Cmv- 5 5. Mailing Address City Stto Zip Code t K)Z3 -5 YOpa A— C— __V_:k_ 55 6. Business Phone No. Itemate Phone No. -ma Address 7 6E w 7. T e of Owner T Individual Corporation El City/County/University El Partnership [I Limited Liability Company E] Other El Limited Partnership F-1 Joint Venture D Limited Liability Partnership[] Trust 8. Entity/ApplicAlt .011dant IsIMUst. a IndiVldu­'aI1ln'div1d6a'I Owner':.` L m1s-pahVIAll Offic PartfidirthiplAIE oln - entdre/Verftij rer- mit6d Partners rusta 'ti' bip/All Geniar6l. Pa'thiers -r*u'it7de7c��)..—..,-...,—..,.:.t 7- oration/All Officers::: -C' Univers" :Cft�;" ountV,Un"' Woffibia Last Name First Name MI Title _D Last Name IA, First Name MI Title S \j C pn:�- ::s 2' 0 Last Name First Name MI Title Page 1 of 5 Form L -ON :-';,;'•:;'1 x��`` �j� �+�j {fir Def[ �ry s—�_,�^.� s �10. Will your business be located within 300 feet of a church or public hospital? ❑ Yes o .._,.: _ ..... ...... ... ..::...........::......: ...:. ' : '..:.. :....: , '... :. ;NOTE: For churches. or public,hospitals me-lsWe from front door fo. front:door,: along::the p gperfy Imes. of the street fronts and in a direct. Line' across:intersections.. - :. �11. Will your b4sthess be located within 300 feet of any private/public school, day care center or child care facility? fYes ❑ No If "YES," are the facilities located on different floors or stories of the building? ❑ Yes ❑ No ! NOTE:.. For:private/public schools, daycare-:centers and child care facilifies:measure in a direct line from.#he ::;;>nearest property line. of the school, day care: center. or child care'facility to: the nearest propert}i line of'the ' place of business, and in a-.direct line.across intersections.: :. I :NOTE:. For multistory building:businesses. may. be.. within. 300 feet.of a. daycare center-or child .care facility as..I 'long as the facilities are located on different'floors of the building. 'NOTE. If located.on or-above. the fifth,story of a multistory building: measure in a direct fine from the property.: i.:':fine of fhe private/public school. to,property line of your place.of business in a direct lure across intersections :..:vedically.up the.building at.the property line to the base of.the, floor on which.. yaur.business is located :12. Will your business be located within 1,000 feet of a private school? ❑ Yes ❑ No 113. Will your business be located within 1,000 feet offaa public school? ❑ Yes ❑ No X14, If you were required to post a 60-day sign as required by Section 11.391 or Exact Date (mm/dd/yyyy) 1 61.381 of the Texas Alcoholic Beverage Code at this location; what exact date was the required sign posted at the location? -_- r - - .............. 1Tr© (� / : 2-®O j ...:.::.......:':::.:.:. 5. CHECK HERE IF NOT IN CITY LIMITS { I I, the applicant, have confirmed I am not located in the city limits of any city and therefore all city j_certificates are not rewired, Wp ]NIG (ndiv�dual/andl+n ua1 owner oc..... an!©ificer S�N�R.,...M. farinerahi�/Partner _ Limited t rablUt�lOmpan OE T {ana4er :.... rrtl ... n. 1 r.. ..... ...., ....... .. ...................... . ............. ,.. G ra ..tin .:.:;:,:. f. -.WARNING:_:Section.1Q1.69-of Alcoholic. Beverage Code. states::.:;.:a per's..on..who makes a.::'I:: .the.Texas false staidrnent or false. representation ..in an, appiication fora permit.: oe .-license or in a. statement, report; .pr other nstrument:io be :filed with the GommIssiion .and required to be sworn commits an :offense punishable by imprisonment in. the penitentiary for not less. than.2:nor more. than 10 years.":: ww... .BY SIGNING.YOU ARE'SWEARING TO ALL. INFORMATION.AND .ATTACHMENTS .TO'THIS.PACKET, PRINT SIGN 1 NAME Ercccri HERE i j TITLE Before me, the undersigned authority, on this 2 awx� day of , 20/Y, the person whose sname is signed to the foregoing application personally appeared a , duly sworn by me, states under I oath that he or she has read the said application and that all the facts therein set forth are true and ' correct. SIGN HERE NOTAR BLIC Hl w JARED FULtEYLOVE '- �� My Co Commission Expires S._E _A - ---- .. _.. - __ -- - -- - --------'------------- ------------------------ - — ---- nu®uSt Zl, ZU16 Page 2 of 5 'R���E*'� Form Lf1N I hereby certify on this day of , 20 , that the location for which the license/permit is sought is inside the boundaries of this city or town, in a "wet" area for such license/permit, and not prohibited by charter or ordinance in reference to the sale of such alcoholic beverages. SIGN HERE TEXAS City Secretary/Clerk City SEAL I hereby certify on this day of , 20 , that the location for which the license/permit is sought is inside the boundaries of this city or town, in a "wet" area for such license/permit, and not prohibited by charter or ordinance in reference to the sale of such alcoholic beverages. Election for given location was held for: ❑ legal sale of all alcoholic beverages ❑ legal sale of all alcoholic beverages except mixed beverages. ❑ legal sale of all alcoholic beverages including mixed beverages ❑ legal sale of beer/wine (17%) on -premise AFTER Sept. 1, 1999 ❑ legal sale of beer/wine (14%) on -premise BEFORESept. 1, 1999 OR IF ABOVE DOES NOT APPLY: Be advised the location must have had two election passages -per 25.14 or 69.17 of the TAB Code. One for beer and wine oft -premise and one for mixed beverage. ❑ legal sale of beer and wine for off -premise consumption only AND EITHER: ❑ legal sale of mixed beverages OR ❑ legal sale of mixed beverages in restaurants by food and beverage certificate holders (applicant must apply for FB with BG and BE) SIGN HERE TEXAS City Secretary/Clerk City SEAL I hereby certify on this day of , 20 , that one of the below is correct: ❑ The governing body of this city has by ordinance authorized the sale of mixed beverages between midnight and 2:00 A.M.; or ❑ The governing body of this city has by ordinance authorized the sale of beer between midnight and IA. M.; or ❑ The population of the city or county where premises are located was 500,000 or more according to the 22nd Decennial Census of the United States as released by the Bureau of the Census on March 12, 2001; or ❑ The population of the city or county where premises are located was 800,000 or more according to the last Federal Census (2010). FOR A RETAIL DEALER'S ON PREMISE LATE HOURS LICENSE FOR A BG OR BE CERTIFIED UNDER 25.14 OR 69.17 AND IF POPULATION ABOVE DOES NOT APPLY: ❑ the governing body of this city has by ordinance authorized late hours for the type of permitAicense sought. SIGN HERE TEXAS City Secretary/Clerk City SEAL Page 3 of 5 Form L -ON Page 4 of 5 Form L -ON I hereby certify on this day of , 20 , that the location for which the license/permit is sought is in a "wet" area for such license/permit, and is not prohibited by any valid order of the Commissioner's Court. SIGN HERE COUNTY County Clerk SEAL �^ hereby certify on this day of , 20 , that the location for which the license/permit is sought is in a "wet" area and is not prohibited by any valid order of the Commissioner's Court for a Wine & Beer Retailer's Permit. Election for given location was held for: ❑ legal sale of all alcoholic beverages ❑ legal sale of all alcoholic beverages except mixed beverages ❑ legal sale of all alcoholic beverages including mixed beverages f f ❑ legal sale of beer/wine (17%) on-premise AFTER Sept. 1, 1999 ❑ legal sale of beer/wine (14%) on-premise BEFORE Sept. 1, 1999 OR IF ABOVE DOES NOT APPLY: Be advised the location must have had two election passages per 25.14 or 69.17 of the TAB Code. One for beer and wine off-premise and one for mixed beverage. ❑ legal sale of beer and wine for off-premise consumption only AND EITHER: ❑ legal sale of mixed beverages OR 1 ❑ legal sale of mixed beverages in restaurants by food and beverage certificate holders (applicant must apply for FB with BG and BE) SIGN HERE COUNTY County Clerk SEAL II I hereby certify on this day of , 20 , that one of the below are correct: i ❑ The Commissioner's Court of the county has by order authorized the sale of mixed beverages between midnight and 2:00 A.M.; or ❑ The Commissioner's Court of the county has by order authorized the sale of beer between midnight and A.M.; or ❑ The population of the city where premises are located was 500,000 or more according to the 22"0 Decennial Census of the United States as released by the Bureau of the Census on March 12, 2001; or ❑ The population of the city where premises are located was 800,000 or more according to the last Federal Census (2010). FOR A RETAIL DEALER'S ON PREMISE LATE HOURS LICENSE FOR A BG OR BE CERTIFIED UNDER 25.14 OR 69.17 AND IF POPULATION ABOVE DOES NOT APPLY: ❑ the governing body of this county has by order authorized late hours for the type of permit/license sought. SIGN HERE COUNTY County Clerk SEAL Page 4 of 5 Form L -ON Page 5 of 5 Form L -ON 1 This is to certify on this day of , 207" , the applicant holds or has applied for and satisfies all legal requirements for the i an of a ales Tax Permit under the Limited Sales, Excise and Use Tax Act or the applicant as of this da_ iis,�not required to hold a Sales Tax Permit. j Sales Tax Permit Number 0 603 `f &_24utlet Number 00 1 Print Name of Comptroller Employee , Print Title of Comptroller Employee SIGN } 4� HERE FIELD OFFICE SEAL �. 1. Name of newspaper _ City, County Dates notice published in daily/weekly newspaper (mm/dd/yZryy� ATTACH PRINTED Publisher or designee certifies attached notice was published in newspaper stated on dates shown COPY OF THE NOTICE HERE Signature of publisher or designee 1 Sworn to and subscribed before me on this date Signature of Nota Public SEAL Page 5 of 5 Form L -ON CF L AREA MAP TeXPb AIMW4 w-, - w - mm. LOCATION OF BUSINESS (1023 S. BROADWAY) it W FAIRMONT PKWY' [E FAIRMONTIPK LIT ko O 4 0 on I= mwv-w m I inch= 100 f w =- -- -� 100: Sall Jacinto. Street LaPorte, `€`€.aas 77571 I depende-ni Sch0- of DYstnict W tvW.1pi S d. o Cg Via Certified Mail, Return Receipt Requested June 11, 2014 Mr. Corby Alexander City of La Porte 604 W. Fairmont Parkway La Porte, Texas 77571 Dear Mr. Alexander: (2g1) 604-7001 Fax (281) 60il-7010 La Porte. ISD recently received a letter from Mr. Jaime Suarez, owner of Ogarrio's Restaurant at 1023 South Broadway; to inform us that he has filed an application with the Texas Alcoholic Beverage Commission for a wine and, beer permit. This. issue was considered by our Board' of Trustees at its June 10, 2014, meeting as - an action/discussion item. Following discussion, the LPISD Board of Trustees voted 6-1, with Mr. Hoot casting the dissenting vote, .to .defer`.to city, government, and support the city's judgment with regard to the issuance of a wine and beer permit at Ogarrio's Restaurant. Please let me know if you have any questions: L,Ii7Yi1:W1 Graht.)n superiniendenl RC-);4RI7 of TRUSTEES Lee IVallace Dee Prone Tl)omso77 Vice President Chearlegn Wheeler Secretal3, Kahn/ Green 1?hilliplfilDt M 01"T, a iia Lois Rogerson Trustees Ii. fa Pone ledcpeodee, School Distsicr dom not discsiminate on dhe bxsis ofage, rau,rsllgion.-I...,W oAgie.sax ordimbiityio psosddiag educed.. services, a dvitdei, and progstms.includingvocedoaad peog, m, iu accordance wiffiMtleVI of the Cir7Eights Act of 1964. m amended; Title IX of the Educiti—1 Ameadmenu of 1972; 5ectfon SU of the Reliabilildi.Am of 1973.., —ded: and Tisk 11 of the AmeA— with Disali]ideaAct.Tho Tide DiComdioatae is Isola Mortes; F:ecot7vo D'oectes of Httmmt Ro.uoe,i. 1002 Sanlaciuto,la PoM.Texas 7757I,Telephooe(2817604.7110. The Section 504 Coonlivatoc GDe.April Fox, Paeendve Dimtorof Special Programs, 1002 San Iminta, faPerta,Texns 77571.Teleph w('�1)604-7034.. El Distrito itdepeudiewa Pscolac de la Pone no Jiscriudnosobse fa base da edad, rasa. retig(do:color.adgeo ruciaaad. sexonineeP,tcldad pam provicer servlcios<dupeionaln, netividadesy progswas.iaeluymdo programas voeadanalca; da aeuudoeoa olTltdo Vl del Acta do Derechos Civiles do 1964, cordo foe enmeodada;T(hdoIX de W Pmdend, Fducecio.A.i de 1972: S—Aft SUdelActe de Reia1,11'a.66ade 1973, mmo fee emsnudada; yel Tiodo 11defActa deAtned=oi con foeepaddades. U Coardivadara delTfhdo IX a Isals Mouics. Ditecsora Ejerndva para RecarwaFlomanoi. 1002 Sea Ja vuo; laPone,Texsf77571,Telefom (?81) 60d -7110:1a Cmrdimdora da (a Sesi6n SOies la Ora.April Fox. Dfsuctora Ejecmlva de Pmxamas Especiales, 1002San laciWo,lz Pone.Texas 775717 Iefe- (281) 604.7034. ECEIVED A Meeting of Ilie La Porte ;AUG 2`7 ':22014 City Council evr (Type of Meeting) Scheduled for August 25;'2014 (Date of Meeting) to Consider Variance to allow sales of alcoholic beverafies at BroadwaV 'Cafe,4023 S.;Broadway (Type of R'equesi). I have received notkce of the above referenced public hearing. I am inFAVOR of granting. this:request.for the following reasons: I am OPPOSED to granting -this rcquest_for the following.reasons: 11je/clol iIGlI r n N�amc.(please 1 nt) .Address 2i City, State, Zip