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Home My WebLink AboutO-1999-1000-1-F e e ORDINANCE NO. 1000-1-~ 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 ooo-~ 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: 517 N. Broadway St., La Porte, Harris County, Texas 77571 LEGAL DESCRIPTION OF PROPERTY: Lots 25 thru 28, Block 108, Town of La Porte, Harris County, TX PROPERTY OWNER: Joseph Lee Walker NAME OF APPLICANT: Joseph Lee Walker ADDRESS OF APPLICANT: 8523 Collingsdale Rd., La Porte, Texas TRADE OR BUSINESS NAME OF RESTAURANT BUSINESS: Millennium Club 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 of La Porte, regardless of whether such business or premises are required to have a Ordinance No. 1000-a Page 3 e 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. Gov't Code; and that this meeting has been open to the public as required by law at all Ordinance No. 1000-_ Page 4 e 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 ;;'5"""- day of Ot.ArJs"( , 1999. CITY OF LA PORTE J1~~~ Norman L. al ne,ayor -- ATTEST: LfJ1. 44/l1~ ;/JIIIL M rtha Gillett, City Secretary e City of La Porte Established 1892 ~:' FACSIMILE TRANSMISSION ~ 1 (j) 3 789 13 14 15 19 20 21 Number of pages including cave:' sheet: (circ:!e one) Re..'Urn to Senae: Destroy afte:- Sending Mail Original If transmission e:TOI' OC=Urs, Clll (111) 471-5020 e;-:t. aa J DATE: TIME: FAX NO: DE!.IVER TO: FIlUt!: FRO~!: MESSAGE: 4 .5 6 10 11 12 16 17 18 22 23 24 j1)- ~iI" tjOf J": ;}.OR.I)? :).9.1- &.(//,,, S'1W ~A'V5'rfT)( e 5u N fY\ ~er hA A. bi 11-(..fI L ;"~I 5i(! I e-kt./y , , ~ ~u. b 1.5h -n-. -e. A .fJa.G~ e.IJ /) rlJ').J"tN~€ (1:r;f}~ 0""; 5u I-JDA.t oc-h>t5~r.3/ IJNtJ tP(!JO. N u. &(d -rh-vvL ~ City or La Porte Fa."t No (1.11) , 4 '2. -/1?l4 :') ,,--. ~ , I ,= _ r. ~ e . PUBLIC NOTICE ORDINANCE lOOO-l-F AN ORDINANCE OF THE CITY OF LA PORTE, TEXAS, AMENDING SECTION 6- 78 OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE BY ADDING AN AREA RESTAURANT AT AN AREA 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 s/Norman Malone Mayor ATTEST: slMartha A. Gillett City Secretary APPROVED: s/Knox W. Askins, City Attorney ..Jl2CiO ~wY. 146 Suile 180 P.O. Box 1414 e e . ~,;p <. The Bayfliare 'Voice Of Th(rJjaY~!lOre'Since 1947' '1~;1. '\.0.,...: .., County of 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 s61'\i-\o7eekly newspapers published. and generally distributed. in the City of La Porte, Harris County, Texas, and who after being duly sworn, says the attached. notice was published. in The Bayshore Sun dated. November 03, La Porte, Texas 77571 (713) 471-1234 Sun PUBLIC NOTICE ORDINANCE 1000-1-F AN ORDINANCE THE CITY OF LA PORTE, TE~ ENDING SECTION 6-78 OF TS D F ORDINANACES OF THE F '.PORTE DD- ING AN E R TAURA AN AREA W RE EIO. FOR CONSUMP N HE. E - ISES MAY BE S T R PRO\/, - ING A SAVING. C ; FI G COMPLIANCE WITH T OPEN ET- INGS LAW; PROVIQING A SEVERABILI- TY CLAUSE; ANDfROVISING FOR AN 1999 EFFECTIVE DATE. CITY OF LA PORTE ~o1fu#41 ATIEST~~.Ma~' s/Martha A. Gillett. City Secretary arolyn Kellogg APPROVED: slKnox W. Askins, City Attorney Authorized. Representative ". Sworn and subscribed before me this / 3 -r,.l day of ~ ,1999. ~~.~~ Sandra E. Bumgarner Notary Public Harris County, Texas 1200 Hwy. 146 Suite 180 P.O. BOlt 14i4 - ... o' '. I . .:."'L ." e La Pone, Texas 77571 (713) 471-1234 ;>-... 'Voice Of The.8a!ls~oYe'Since 1947' County of Harris PUBuit i'40TICE cr.AM11if 1000-1-i ~;;7 i AN ORDINANCE THE I OF LA PORTE, TEXAS, EN G SECTION 6.78 OF THE COD . OF ORDINANACES OF THE CITY OF LA PORTE BY ADD. State of Texas ING AN AHEA RESTAURANT AT AN AREA WHEAE WINE ANDI OR BEER FOR CONSU~PTION ON THE PREM. ISES MAY BE SOLD FUTHER PROVID- ING A SAVINGS CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEET- INGS LAW; PROVIDING A SEVERABILI. TY CLAUSE; AND PROVISING FOR AN EFFECTIVE DATE. Before me, the undersigned authority, on this date . came and appeared Karolyn Kellogg, a duly authorized representative of The Bayshore Sun, a SEJT\i-\oleekly newspapers p..lblished and generally distributed in the City of La Porte, Harris County, Texas, and who after being duly sworn, says the attached notice was published in The Bayshore Sun dated 10/31/99 CITY OF LA PORTE siNonnan Malone, Mayor ATTEST: s1Martha A. Gillett, City Secretary , APPROVED: slKnox W. Askins, City Attorney arolyn Kellogg Authorized Representative SWorn and subscribed before me this /S'...!:! day of 71~ , 1999. ~J~ Sandra E. Bumgarner Notary Public Harris County, Texas