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Home My WebLink AboutO-2000-1000-1-H , - e - ORDINANCE NO. 1000-1-H AN ORDINANCE OF THE CITY OF LA PORTE, TEXAS, AMENDING CHAPTER 6, SECTION 6-78 OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, BY ADDING AN AREA AT A RESTAURANT WHERE WINE AND/OR BEER FOR CONSUMPTION ON THE PREMISES MAY BE SOLD; FURTHER PROVIDING A SAVINGS CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of La Porte has, in Chapter 6 of the Code of Ordinances of the City of La Porte, regulated the location, closing hours, and sale of wine and/or beer on premises in accord with provisions of Texas Codes Annotated, Alcoholic Beverage Code, Chapter 105, Section 105.05 and Section 105.06; and in accord with the provisions of Texas Codes Annotated, Alcoholic Beverage Code, Chapter 109, Subchapter C, Section 109.31 et seq; and WHEREAS, the Code of Ordinances of the City of La Porte expressly limits the locations at which wine and/or beer may be sold in the City, and further expressly identifies the names of establishments and permit holders authorized to sell wine and/or beer under the terms of said Code; and WHEREAS, a new applicant desires to sell wine and/or beer at a location not previously permitted in the Chapter 6 of the Code of Ordinances of the City of La Porte; and WHEREAS, the City has, pursuant to the terms of said Code, made its investigation to ascertain whether said new applicant has qualified for a beer and/or wine permit from the City; and WHEREAS, the City has determined that the new applicant qualifies for a beer and/or wine permit from the City; Ordinance NO.1 000-1 Page 2 e NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Chapter 6, Section 6-78 of the Code of Ordinances of the City of La Porte is hereby amended by granting a new permit for the operation of a restaurant, as defined in said Code, at the following location, which permit shall be personal to the applicant, and non-transferable, and shall be further conditioned that the permittee shall comply with the provisions of the Texas Alcoholic Beverage Code, and all other applicable federal, state, and local laws and ordinances, including other provisions of this ordinance and the Code of Ordinances of the City of La Porte; STREET ADDRESS OF PROPERTY: 2219 B Underwood Road, La Porte, Harris County, Texas 77571 LEGAL DESCRIPTION OF PROPERTY: TRACT 490-A. La Porte Outlot, Town of La Porte, Harris County, TX PROPERTY OWNER: Abu-Sada Mahmoud NAME OF APPLICANT: Melvin Walker ADDRESS OF APPLICANT: 2126 Whatley Drive, Deer Park, Harris County, Texas 77536 TRADE OR BUSINESS NAME OF RESTAURANT BUSINESS: B + M Group, Inc., d/b/a "Texas Grill" Section 2. It is the intent of the City Council of the City of La Porte that this Ordinance merely permit the sale of wine and/or beer during the hours set by the general laws of the State of Texas by retailers selling wine and/or beer for consumption on premises at the locations established in Section 1 of this Ordinance. This Ordinance is not an attempt to create zoning or other land use rights in property owners at said location, such that the provisions of Chapter 106 of the Code of Ordinances of the City of La Porte, the City of La Porte Zoning Ordinance, together with all amendments thereto (as such provisions impose standards on premises or businesses within the City e Ordinance No. 1000-1-H Page 3 e of La Porte, regardless of whether such business or premises are required to have a license or permit under the Texas Alcoholic Beverage Code) govern and supersede the provisions of this Ordinance, in the event of a conflict between this Ordinance and the provisions of the Zoning Ordinance and amendments thereto. This application for wine and/or beer for consumption on premises shall be subject to the provisions of: a. The Texas Alcoholic Beverage Code; b. Chapter 6 of the Code of Ordinances of the City of La Porte; c. This Ordinance insofar as this Ordinance does not conflict with the provisions of the Texas Alcoholic Beverage Code; and d. The Zoning Ordinance of the City of La Porte, and all amendments thereto, as such provision apply to all businesses within the City of La Porte, regardless of whether or not such businesses are required to obtain a license or permit under the provisions of the Texas Alcoholic Beverage Code. Section 3. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this ordinance, and it is hereby declared to be the intention of this City Council to have passed each section, sentence, phrase or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase or clause, or part thereof, may be declared invalid. 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 the Chapter 551, Tx. . . e Ordinance No. 1000-1-.1!... Page 4 e 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 from the date of its passage and approval, and it is so ordered. PASSED AND APPROVED this the J01l-. day of ::fu-ty CITY OF LA PORTE t!~~ ,2000. ATTEST: e e City of La Porte CITY SECRETARY'S OFFICE PO Box 1115 L4 Porte. Texas TT57l Phone: 281-471-5020 ext. 221 Fax: 281-471-1884 Fax To: gA~0Hve,e Su..tJ From MARn-tA A. GILLETT Fax: ~ ~l "lfJ J.. S-7 f.p 3 Date: '-I/l i j 00 I Phone: Pages: c?-- Re: -Rq~e.' .. t) ) i --e.. a "Ull. .' ,. lA b liL ;..J r:r/-/Lt- at Q: J.ltWl.-e.. CApri o,J D J ,W r\) /)I/' i Ju II{ l/PI 2./JOC; fJJJJ. II i.vUJ/-lbD.hl SII,I~ I'V_OOO. . -r~g Urgent For Review Please Comment Please Reply x Please Recycle . e PUBLIC NOTICE ORDINANCE 1000-I-H AN ORDINANCE OF THE CITY OF LA PORTE, TEXAS, AMENDING CHAPTER 6, SECTION 6-78 OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, BY ADDING AN AREA AT A RESTAURANT WHERE WINE AND/OR BEER FOR CONSUMPTION ON THE PREMISES MAY BE SOLD~ FURTHER PROVIDING A SAVINGS CLAUSE~ FINDING COMPLIANCE WITH THE OPEN MEETINGS LA W~ PROVIDING A SEVERABILITY CLAUSE~ AND PROVIDING FOR AN EFFECTIVE DATE.. CITY OF LA PORTE s/Norman L. Malone, Mayor ATTEST: slMartha A. Gillett, City Secretary APPROVED: s/Knox W. Askins, City Attorney "' .... ,. e e 1200 Hwy. 146 Suite 150 P.O. Box 1414 La !'urtc, lexas 7 J 571 281-471-1234 Fax: 281-471-5763 E-mail: baysun@swbell.net TheB . re SUD ~N OR 01 0 TEXAS. CHAPT SECTI~6- 78 0 T CiE F ORDI S F H~ CITY OF 'A P T rh.., ADDING N A RESTAU NT" WHERE WINE ANDI OR BEER FOR CONSUMPTION ON THE PREMISES MAY BE SOLD; FURTHER PRO- VIDING A SAVING CLAUSE; FINDING COM- PLIANCE WITH THE OPEN MEETING LAW; ,}; '. PROVIDING A SEVERA- ~ . .,UTV CLAUSE: AND ~ PROVIDING FDR AN EF. a ~ FECTlVEDATE. J. . CITY OF LA PORTE aJIOl yn K~-'tcgg "Nannan L. Malon. AathGuized RepFesentative Mayor' ? ~ ~~ibed befo~e, me thisotl N' day of ~ I 2000. ~).-~ "- Sandra E. Bumgarner Notary Publi.c Harris County I Texas City of La Porte County fo Harris State of Texas Before me the undersigned authority, on this date came and appeared Karolyn Kellogg, a duly authorized representative of The Bayshore Sun ': a semi-weekly newspaper published and generally distributed in the City of La Porte, rr-arris County, Texas, and ,,,ho after being duly ffiAJOrn, S\.-lears the attached notice was published in The Bayshore Sun dated 07/16/00 i PUBLIC NOTICE ORDINANCE 1000-1-H ATTEST: slMartha A, Gillett City Secretary APPROVED: . slKnox W. Askins . 1200 Hwy. 146 e .~.~U:::i~14 h :~:~~m .' La 1'orlc, !oxas 7 } 571 .:" . . ~~ .:;":.~I The Ba:'''''''''.'I''. \.::,..."8v,<'~:':'H:" iD~:..;':,:"..~ re 'it ..:'/ ~. + .. .::....~. :.;';:..<.:.; <"-:;;0-:.":;:';':' :'~~~:~';'';- " \( "",<v.".,--,'~','t':. $,!./1'i::<<<':",>, 'Voice OJ iii~)j~~4'~~~ Since 1947' .. .....;;.. "'.'~"'. . 281-471-1234 Fax: 281-471-5763 E-mail: baysun@swbell.net City of La Porte C.ounty fo Harris State of Texas Before me the undersigned authority, on this date came and appeared Karolyn Kellogg, a duly authorized representative of The Bayshore Sun' a seni-\..;eekly nevspaper published and generally distributed in the City of La Porte, Harris County, Texas, and \vho after being duly ffi'~m, ffi'lears the attached notice \vas published in The Bayshore Sun daterl 07/19/00 Sun PUBLIC NonCE ORDINANCE 1000-1-H ...',""'it'.c.... AN ORDINANCE OF THE CITY OF LA PORTE, TEXAS, AMENDING CHAPTER 6, SECTION 6- 78 OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, BY AD rA'N AN AREA AT A RE ANT WHERE WI I OR BEER FOR U!MN ON THE ISE Y BE SOL; i PRO- VIDING ,S ING CLAU ,FliNG OM- PLIAN ITH THE OPEN' ME TING LAW; PROVIDING A SEVERA- BILITY CLAUSE; AND PROVIDING FOR AN EF- FECTIVE DATE, . ".'. CITY OF LA PORTE ~ ~ ~N~L_. Wo Mayor ",. :'.' ATTEST: Z0 ~ _AGO.. Ka:colyn Kellogg City Secretary ~.utho:dzed Representative , APPROVED: slKnox W. Askins Attomey S\O\7Qrn and subscIiibed l:efore p",e this Ol.t.. -r# day of .~ ,2000. ,~.1. ~~ Sandra E. Bu:rgarner Notary Public Harris County, Texas