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Home My WebLink AboutO-2000-1000-1-G - e ORDINANCE NO. 1000-1-G 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. 1000-_ 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: 904 W. Barbours Cut Blvd., la Porte, Harris County, Texas 77571 LEGAL DESCRIPTION OF PROPERTY: TR 5, BlK 5, Nebraska Syndicate, Town of la Porte, Harris County, TX PROPERTY OWNER: Fine Fair Inc., d/b/a Port Auto Truck Stop NAME OF APPLICANT: Nazarali Momin and Akbarali Momin ADDRESS OF APPLICANT: 6306 Hidden Crest Way, Sugar land, TX 77479 and 14619 Underwood Creek Way, Houston, TX 77062, respectively TRADE OR BUSINESS NAME OF RESTAURANT BUSINESS: Port Auto Truck Stop 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 Ordinance No. 1000-_ 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. Ordinance No. 1000-_ 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 I~.#- day of ~.J.~'" U CITY OF LA PORTE L / lYahJ Norman L. Malone, Mayor ,2000. ATTEST: ~ Jf1Jld1 Martha Gillett, City Secretary e e HP OfficeJet Fax History Report for Personal Printer/Fax/CopierlScanner Martha Gillett 281-471-1884 Jun 132000 l1:l6am Last 30 Faxes ~ ~ ~ Identification Duration ~ Result May 31 1 :34pm Received 2:03 4 OK Jun 1 4:25pm Sent 888219-0554 0:00 0 Busy Jun 1 5:01pm Sent 888-219-0554 0:00 0 Busy Jun 2 9:42am Sent 888219-0554 0:00 0 Busy Jun 2 1O:33am Sent 1888219-0554 0:33 2 OK Jun 2 11 :33pm Received 0:37 0 No fax Jun 5 3: 14pm Sent 713-861-2107 0:33 2 OK Jun 5 3:56pm Received 281 471 2047 1:07 4 OK Jun 6 2:30pm Sent 713-973-2028 0:31 2 OK Jun 7 3:45pm Received 2:26 5 OK Jun 7 11:37pm Received 0:10 0 Error 243 Jun 8 9:33am Received 0:36 0 No fax Jun 8 9:34am Received 0:36 0 No fax Jun 8 12:58pm Received 0:36 0 No fax Jun 9 1:22pm Received 4095605137 1:35 2 OK Jun 9 3:30pm Sent 281-471-5763 0:58 3 OK Jun 10 1 :36pm Received 0:36 0 No fax Jun 12 8:45am Sent 936-569-5137 0:00 0 Busy Jun 12 12:07pm Sent 936-560-5137 0:00 0 Busy Jun 12 2:07pm Received 3341407 1:19 4 OK Jun 12 2:14pm Received 3341407 2:49 9 OK Jun 12 2:53pm Received 281604 6605 1:17 1 OK Jun 12 2:55pm Received 281604 6605 0:48 1 OK Jun 12 2:56pm Received 281604 6605 0:49 1 OK Jun 12 2:57pm Received 281604 6605 0:47 1 OK Jun 12 3:26pm Received (800) 992-5329 0:30 1 OK Jun 13 9:57am Sent 281-471-5763 0:35 2 OK Jun 13 10: 18am Received 0:37 0 No fax Jun 13 11: 14am Sent 281-471-5763 0:32 2 OK Result: OK - black and white fax OK color - color fax e e PUBLIC NOTICE ORDINANCE 1000-I-G 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.. CITY OF LA PORTE slNorman L. Malone, Mayor ATTEST: slMartha A. Gillett, City Secretary APPROVED: s/Knox W. Askins, City Attorney 281-471-1234 Fax: 281-471-5763 E-mail: baysun@swbell.net 1.":"- ~ 1200 Hwy. 146 Suite 150 P.O. Box 1414 La ,Porte, l'exas 71571 e . TheB re Sun City of La Porte County fo Harris State of Texas Before me the undersignerl authority, on this date carne and appearerl Karolyn Kellogg, a duly authorizerl representative of The Bayshore Sun.' a semi-weekly newspaper publisherl and generally distributerl in the City of La Porte, Harris County, Texas, and who after being duly $...urn, S\-lears the attacherl notice was publisherl in The Bayshore Sun daterl 06/14/00 ,'i. " ~~'!:t 1jJkg A1:lth0.uized ReplTesentative ~ibed befOlie.me this ,;l1"T day of I 2000. ~j.~ Sandra E. Bumgarner NotaJ:y Public Harris County, Texas - PUBLIC NOTICE ORDINANCE 1000-1-G CITY OF LA PORTE sf Norman L. Malone, Mayor 1200- Hwy. 146 Suite 150 P.O. Box 1414 La l'urtc, fexas 71571 e e 281-471-1234 Fax: 281-471-5763 E-mail: baysun@swbell.net TheB City of La Porte County fo Harris State of Texas I re Sun Before me the undersigne:l. authority, on this date carne and appeared Karolyn Kellogg, a duly authorized representative of The Bayshore Sun:: a seni-weekly newspaper published and generally distributed in the City of La Porte, F.arris County, Texas, and ,.,ho after being duly ffi'IUrn, swears the attached notice was published in The Bayshore Sun dated 06/18/00 . ,).-'; ~~~ AHth0~ized Rep~esentative S'\tX)rn and subsc:l7ibed befOl?e me this c:2.. 1.01- day of ~ ,,2000.-' ~J~~ Sandra E. Bumgarner Notary Public Har:r:is County, Texas PUB~IC NOTICE O~NANCE 1000-1-0 ~:~1;i~ 78 OF TJE~ 10DE OF ORDINANCES OF THE CITY OF LA PORTE, BY ADDING AN AREA AT A RESTAURANT. WHERE WINE ;,AND/' OR BEER FOR CONSUMPTION ON THE ON THE PREMISES MAY BE SOLD; FUR, THER PROVIDING A SAVINGS CLAUSE; FIND- ING COMPLIANCE WITH THE OPEN MEETING LAW; PROVIDING A SEV- ERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE'DATE. CITY OF LA PORTE sl Norman l. Malone, Mayor ATTEST: sI Martha A. Gillette. City Secretary APPROVED: sI Knox W, Askins, City Attorney