Loading...
HomeMy WebLinkAboutO-1997-1000-1-B e e ORIGINAL ORDINANCE NO. 1000-1-B AN ORDINANCE OF THE CITY OF LA PORTE, TEXAS, AMENDING SECTION 6- 78(a) OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE BY ADDING A NAME AND LICENSE HOLDER AT AN AREA WHERE WINE AND/OR BEER FOR CONSUMPTION ON THE PREMISES MAY BE SOLD; PROVIDING THAT ALL OTHER PROVISIONS OF SECTION 6-76 ET SEQ OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE REMAIN UNCHANGED; 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 Section 6-76 et seq 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, said ordinance expressly limited the locations at which wine and/or beer may be sold in the City, and further expressly identified the names of establishments and permit holders authorized to sell wine and/or beer under the terms of said ordinance; and WHEREAS, a new applicant desires to sell wine and/or beer at a location previously prohibited inSection 6-78(a) of the Code of Ordinances of the City of La Porte; and WHEREAS, the City has, pursuant to the terms of Section 6-76 et seq of the Code of Ordinances of the City of La Porte, made its investigation to ascertain whether said new applicant has qualified for a beer and/or wine permit from the City; and Ordinance No.1 000-1' Page 2 e ORJGJNA' ' WHEREAS, the City has determined that the new applicant qualifies for a beer and/or wine permit from the City; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Section 6-78(a) of the Code of Ordinances of the City of La Porte of the City of La Porte is hereby amended, by adding the following location for a restaurant (as defined in said ordinance) at which beer and/or wine may be sold: STREET ADDRESS OF PROPERTY: 1026 S 8th Street, La Porte, Harris County, TX 77571 LEGAL DESCRIPTION OF PROPERTY: Tracts 17 thru 24, Block 172, Town of La Porte, Harris County, TX PROPERTY OWNER: Mattie Margaret Lindsay, 1026 South 8th Street, La Porte, TX 77571 NAME OF APPLICANT: Mattie Margaret Lindsay and Tina Lynn Mongiello ADDRESS OF APPLICANT: 1026 South 8th Street, La Porte, TX 77571 TRADE OR BUSINESS NAME OF RESTAURANT BUSINESS: Blondie's Steakhouse Section 2. This ordinance shall further amend Section 6-76 et seq of the Code of Ordinances of the City of La Porte, by granting a new permit for the operation of a restaurant, as defined in said Section 6-76 of the Code of Ordinances of the City of La Porte, at the above 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 Section 6-76 of the Code of Ordinances of the City of La Porte. Ordinance NO.1 000-1' Page 3 e ORIGINAL Section 3. 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 location 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, 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 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 Chapter 106 of the Code of Ordinances of the City of La Porte 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. Section 6-76 et seq of the Code of Ordinances of the City of La Porte 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. Chapter 106 of the Code of Ordinances 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. Ordinance No.1 000-1' Page 4 e ORIGINAL Section 4. All rights or remedies of the City of La Porte, Texas, are expressly saved as to any and all violations of Section 6-76 et seq of the Code of Ordinances of the City of La Porte, this Ordinance, or any amendments hereto, or any other ordinance, statute or code, that permits and regulates the subject matter of this Ordinance; and as to such accrued violation, any court shall have all the powers that existed prior to the effective date of this Ordinance. Section 5. 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 6. 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 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 7. This Ordinance shall be effective from the date of its passage and approval, and it is so ordered. Ordinance NO.1 000-1' Page 5 e ORIGINAL PASSED AND APPROVED this the ~~ day of AJDUQA. ~eJ( ,1997. CITY OF LA PORTE If . p ~' L :~/Y:'{.1/ /1; /~:J4~ N6rman' L. Malone, ayor ATTEST: