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HomeMy WebLinkAboutO-1997-1000-1-A . . ORDINANCE NO. 1000-1-A AN ORDINANCE OF THE CITY OF LA PORTE, TEXAS, AMENDING ORDINANCE 1000-1 BY CHANGING THE 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 ORDINANCE 1000-1 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 Ordinance 1000-1 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 permitted in Ordinance 1000-1; and WHEREAS, the City has, pursuant to the terms of Ordinance 1000-1, 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. 1000-1-Ae Page 2 e NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Ordinance 1000-1 of the City of La Porte is hereby amended, by deleting the following location for a restaurant (as defined in said ordinance) at which beer and/or wine may be sold: STREET ADDRESS OF PROPERTY: 517 N. Broadway, La Porte, Harris County, TX 77571 LEGAL DESCRIPTION OF PROPERTY: Lots 25 thru 28, Block 108, Town of La Porte, Harris County, TX PROPERTY OWNER: Ruby Jewell Miles, 310 N. 7th Street, La Porte, TX 77571-3210 NAME OF APPLICANT: Ruby Jewell Miles ADDRESS OF APPLICANT: 310 N. 7th Street, La Porte, TX 77571-3210 TRADE OR BUSINESS NAME OF RESTAURANT BUSINESS: Juniors Section 2. This ordinance shall further amend Ordinance 1000-1, by granting a new permit for the operation of a restaurant, as defined in said Ordinance 1000-1, 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 Ordinance 1000-1: STREET ADDRESS OF PROPERTY: 517 N. Broadway, La Porte, Harris County, TX 77571 LEGAL DESCRIPTION OF PROPERTY: Lots 25 thru 28, Block 108, Town of La Porte, Harris County, TX PROPERTY OWNER: Alvin Artis, 4913 Crestway Drive, La Porte, TX 77571 NAME OF APPLICANT: Alvin Tyrone Artis ADDRESS OF APPLICANT: 4913 Crestway Drive, La Porte, TX 77571 TRADE OR BUSINESS NAME OF RESTAURANT BUSINESS: The Goodfellows Club Ordinance No. 1000-1-Ae Page 3 . 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 locations established in Section 2 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 City of La Porte Ordinance 1501, 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 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 Ordinance 1501 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. Ordinance 1000-1 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, being Ordinance No. 1501, 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. 1000-1-Ae Page 4 . Section 4. All rights or remedies of the City of La Porte, Texas, are expressly saved as to any and all violations of Ordinance 1000-1, 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. 1000-1-A. Page 5 . PASSED AND APPROVED this the .Jt1!:. day of /luJltif ATTEST: ~Mtu1 rtha Gillette, City Secretary CITY OF LA PORTE !I4;w~~ N rman L. Malone, ay ,1997.