HomeMy WebLinkAboutO-1997-1000-1
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ORDINANCE NO. 1000-1
AN ORDINANCE OF THE CITY OF LA PORTE, TEXAS, DESIGNATING THE AREAS
WHERE WINE AND/OR BEER FOR CONSUMPTION ON THE PREMISES MAY BE
SOLD AND PROHIBITING THE SALE ELSEWHERE; PROVIDING FOR HOURS OF
OPENING AND CLOSING; PROVIDING SALE OF WINE AND/OR BEER FOR
CONSUMPTION OFF PREMISES SHALL NOT BE AFFECTED; DEFINING SOURCE
OF AUTHORITY; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF
THIS ORDINANCE, SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON
CONVICTION SHALL BE PUNISHED BY A FINE NOT TO EXCEED FIVE HUNDRED
DOLLARS ($500.00); PROVIDING A SAVINGS CLAUSE; PROVIDING THAT NO
LICENSE SHALL BE ISSUED EXCEPT FOR THE AREAS HEREIN DESIGNATED;
REAFFIRMING THE POLICIES ESTABLISHED IN RESOLUTION NUMBER 91-12;
REPEALING ORDINANCE 1000, AND ORDINANCES 1000-A THROUGH 1000-HH,
INCLUSIVE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City of La Porte desires to regulate the closing hours for the sale
of wine and/or beer and prescribe the hours when it may be sold, for consumption 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;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF LA PORTE:
Section 1. DEFINITIONS
Restaurant: A building or portion of a building, not operated as a dining room in
connection with a hotel or boarding hotel, where the primary business is the on-
premises sale of prepared food, with adequate kitchen facilities for the preparation of
the food to be sold, the adequacy of said kitchen facilities to be based upon the seating
capacity of the restaurant and the type of menu offered, and where wine and/or beer
may be sold under the following conditions:
(1) At least sixty-five percent (65%) of the gross income shall be derived from
the sale of prepared food.
(2) Any outside entrances, outside separate identification, outside signs or
other advertising shall not use any of the words "bar," "tavern," "lounge,"
"ice house," or "beer," or any word of like import, to identify the
business.
Ordinance No. 1000-1
Page 2
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(3) Wine and/or beer shall be served as a beverage only in connection with
the service of prepared food to a customer.
(4) Whenever the building official on the basis of a sworn complaint from any
credible person determines that a violation of this section exists, he may
require any person serving alcoholic beverages as an incidental use to
provide the City, within thirty (30) days of notification, a verified audit for
each of the preceding four (4) calendar quarters, showing the gross
income derived from the sale of alcoholic beverages and the gross
income derived from the sale of food. Such verified audit shall be
supported by copies of licensee's invoices and canceled checks to
substantiate its beer and food purchases. No more than two (2) audits
per year shall be required.
Section 2. That the sale of wine and/or beer shall be permitted, but only in
association with the operation of a restaurant as defined in Section 1 above, during the
hours set by the general laws of the State of Texas, consistent with Texas codes
Annotated, Alcoholic Beverage Code, Chapter 105, Sections 105.05 and 105.06, at the
following locations by retailers selling wine and/or beer for consumption on premises,
to-wit:
STREET ADDRESS OF PROPERTY: 8200 Spencer Hwy., La Porte, Harris
County, Texas
LEGAL DESCRIPTION OF PROPERTY: TR 17M, (020*TR A 1 Brookglen
Reserve A) in the W. M. Jones Survey, A0482), Town of La Porte
PROPERTY OWNER: Dairy Queen Inv. Inc. #314, Bill Henerson Co., Inc., P. O.
Box 861168, Piano, TX 75086
NAME OF APPLICANT: Bill Henderson Co., Inc. (Wai Ping Yuen)
ADDRESS OF APPLICANT: P. O. Box 920969, Houston, TX 77292-0969
TRADE OR BUSINESS NAME OF RESTAURANT BUSINESS: Barry's Feedlot
STREET ADDRESS OF PROPERTY: 823 W. Main, La Porte, Harris County, TX
LEGAL DESCRIPTION OF PROPERTY: Lots 5 & 6, Block 44, Town of La
Porte
PROPERTY OWNER: Brook's Flagstop, P. O. Box 998, La Porte, TX 77572-0998
NAME OF APPLICANT: Margaret Jo Fulmer and Alma Loyce Young
ADDRESS OF APPLICANT: P. O. Box 1775, La Porte, TX 77571
TRADE OR BUSINESS NAME OF RESTAURANT BUSINESS: Brook's Flagstop
Ordinance No. 1000-1
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STREET ADDRESS OF PROPERTY: 1133 S. Broadway, La Porte, Harris
County, Texas
LEGAL DESCRIPTION OF PROPERTY: Lots 1-31, Block 1110, Town of La Porte
PROPERTY OWNER: Dan Cheek Investments, L. B. Walker & Assoc., P. O.
Box 16290, Houston, TX 77222-6290
NAME OF APPLICANT: Heng Fa Corporation (I Ming Charles Chow)
ADDRESS OF APPLICANT: 1710 Oavon Lane, Houston, TX 77058
TRADE OR BUSINESS NAME OF RESTAURANT BUSINESS: Chow's Cafe
STREET ADDRESS OF PROPERTY: 308 W. Main, La Porte, Harris County,
TX 77571
LEGAL DESCRIPTION OF PROPERTY: Lot 20 and East 8' of Lot 19, Block 58,
Town of La Porte, Harris County, TX
NAME OF APPLICANT: Eleno Suarez De La Cruz
ADDRESS OF APPLICANT: 1608 3rd St., Galena Park, TX 77547
PROPERTY OWNER: J. J. Meza, P. O. Box 202, La Porte, TX 77572-0202
TRADE OR BUSINESS NAME OF RESTAURANT BUSINESS: EI Ranchero
Mexican Restaurant
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. ]Ih Street, La Porte, TX 77571-3210
TRADE OR BUSINESS NAME OF RESTAURANT BUSINESS: Juniors
STREET ADDRESS OF PROPERTY: 204 W. Fairmont Parkway, La Porte,
Harris County, Texas 77571-6304
LEGAL DESCRIPTION OF PROPERTY: Lots 17 & 18, Block 179, Town of La
Porte, Harris County, Texas
PROPERTY OWNER: R. H. # 12 L TD, P. O. Box 1477, La Porte, TX 77572
NAME OF APPLICANT: Las Hadas Mexican Restaurant, Inc. (Jesse Tamayo
Garcia)
ADDRESS OF APPLICANT: 204 W. Fairmont Parkway, La Porte, Harris
County, TX 77571-6304
TRADE OR BUSINESS NAME OF RESTAURANT BUSINESS: Las Hadas
Mexican Restaurant, Inc.
Ordinance No.1 000-1
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STREET ADDRESS OF PROPERTY: 904 W. Barbours Cut Blvd., La Porte,
Harris County, Texas
LEGAL DESCRIPTION OF PROPERTY: TR 5, Block 5, Nebraska Syndicate,
Town of La Porte
PROPERTY OWNER: Fine Fair Inc., P. O. Box 806, La Porte, TX 77572-0806
NAME OF APPLICANT: Port Auto Truck Stop, (Akbarali Kasamali Momine)
ADDRESS OF APPLICANT: P. O. Box 806, La Porte, TX 77572-0806
TRADE OR BUSINESS NAME OF RESTAURANT BUSINESS: Port Auto Truck
Stop
STREET ADDRESS OF PROPERTY: 110 N. Broadway, La Porte, Harris
County, Texas
LEGAL DESCRIPTION OF PROPERTY: Lots 6-13, Block 181, Town of La
Porte, Harris County, Texas
PROPERTY OWNER: Dynx Leasing c/o Gere A. Tharpe, 6002 Osborn St.,
Houston, TX 77033-1016
NAME OF APPLICANT: Qian Ai Un
ADDRESS OF APPLICANT: 14834 Sun Harbor Drive, Houston, TX 77062-2218
TRADE OR BUSINESS NAME OF RESTAURANT BUSINESS: Royal China
Chinese Restaurant
STREET ADDRESS OF PROPERTY: 500 W. Main, La Porte, Harris County,
Texas
LEGAL DESCRIPTION OF PROPERTY: Lots 21 through 23, Block 56, Town of
La Porte, Harris County, Texas
PROPERTY OWNER: Gilbert Diaz, 802 Ivy Ave., Deer Park, TX 77536-3220
NAME OF APPLICANT: Gilbert Diaz
ADDRESS OF APPLICANT: 802 Ivy Ave., Deer Park, TX 77536-3220
TRADE OR BUSINESS NAME OF RESTAURANT BUSINESS: Speedy Taco
STREET ADDRESS OF PROPERTY: 10003 Spencer Hwy., La Porte, Harris
County, TX 77571-4077,
LEGAL DESCRIPTION OF PROPERTY: TR 8C, Block 2, of the W. J. Payne
Subdivision in the W. M. Jones Survey, A-482, of Harris County, TX
PROPERTY OWNER: Billy Fontenot, 10003 Spencer Hwy., La Port, TX 77571
NAME OF APPLICANT: Billy (Alfred) Fontenot
ADDRESS OF APPLICANT: 4029 Burke Rd. #3010, Pasadena, TX 77 _
TRADE OR BUSINESS NAME OF RESTAURANT BUSINESS: Two Cajuns Cafe
Section 3. The sale of wine and/or beer for consumption on the premises
where sold is hereby prohibited in the City of La Porte, save and except in those areas
designated in this Ordinance, or in any future amendments hereto.
Ordinance No. 1000-1
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Section 4. The sale of wine and/or beer by retailers, manufacturers or
distributors not for consumption on the premises where sold shall not be affected by
this Ordinance, and such sales shall be made in accordance with the general laws of
the State of Texas.
Section 5. Renewals of existing permits (as delineated in Section 2 above)
shall be subject to the terms of this ordinance, and the provisions of the Texas Alcoholic
Beverage Code. In addition, no permit shall be issued to or renewed for a retailer
selling beer and/or wine for consumption on premises, and no permit shall be issued to
gasoline service stations, grocery stores, or combination gasoline service
station/grocery store businesses. In addition, prior to the issuance of any new permit or
renewal of an existing permit under the provisions of this Ordinance, the applicant shall
make written application to the City Secretary stating, among other requirements:
(a) His or her name;
(b) Place of residence for the preceding two (2) years;
(c) Sex;
(d) Age;
(e) Customary occupation;
(f) A statement by the applicant, verified by the City of La Porte, that all city
and school taxes have been paid by the applicant and owner of the
property covered by the application, and that the applicant and property
owner are current on their real and personal property taxes located or to be
operated within the City of La Porte;
Ordinance No. 1000-1
Page 6
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No permit shall be issued or renewed by the City Secretary of the City of La Porte
unless all city and school taxes have been paid by the applicant and owner of the
property covered by the application, and applicant and property owner are current on their
real and personal property taxes located or to be operated within the City of La Porte.
Section 6. 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
locations, 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 businesses 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. In all future cases, new applications to the
City of La Porte and to the State of Texas by retailers selling wine and/or beer for
consumption on premises shall be subject to the provisions of:
a. The Texas Alcoholic Beverage Code;
b. This Ordinance insofar as this Ordinance does not conflict with the
provisions of the Texas Alcoholic Beverage Code; and
c. 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
Ordinance No.1 000-1
Page 7
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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 7. That hereafter no permit for the sale of wine and/or beer for
consumption on the premises where sold shall be issued or approved, save and except
in the areas designated by this Ordinance or any amendments thereto.
Section 8. The policy of the City Council of the City of LaPorte, as established
in City of LaPorte Resolution number 91-12, is hereby expressly reaffirmed and
readopted by the City of LaPorte.
Section 9. City of LaPorte Ordinance 1000, and City of LaPorte Ordinances
1000-A through 1000-HH, both inclusive, are expressly repealed.
Section 10. All rights or remedies of the City of La Porte, Texas, are expressly
saved as to any and all violations of 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 11. 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.
Ordinance No. 1000-1
Page 8
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Section 12. 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 13. This Ordinance shall be effective fourteen (14) days after its
passage and approval. The City Secretary shall give notice of the passage of this
ordinance by causing the caption hereof to be published in the official newspaper of the
City of La Porte at least twice within ten (10) days after the passage of this ordinance.
Section 14. Any person, as defined in Section 1.07 (27), Texas Penal Code,
who shall violate any provision of the ordinance, shall be deemed guilty of a
misdemeanor and upon conviction shall be punished by a fine not to exceed FIVE
HUNDRED DOLLARS ($500.00).
PASSED AND APPROVED this the 10th day of February
, 1997-.
CITY OF LA PORTE
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No an f Malone, M .or
Ordinance No. 1000-1
Page 9
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ATTEST:
s~~~
Sue Lenes, City Secretary
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THE BAYSBORE SUN . SUNDAY, FEBRUARY 16, 1m
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~HAi.t::'NdT 'BE 'Ai=FEctiD:,DEFlNING
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.SOURCE OF ~RITV; 'PROVIDING
THAT : ANY :PERSON VIOLAtING THE '
TERMS OFJHIS ORDINANCE, SHALL BE '
. DEEMED G~ILTY P.F A MISDEMEANOR;
AND UPON, CONVICTION SHALL 'BE .
PUNISHED BY A FlNE'NOT TO EXCEED' ~
FIVE HUNDRED.,DO~S ($500.00);
. PROVIDING ~A ' SAVINGS', CLAUSE;,
, PROVIDING THAT NO LICeNSE SHAIJ. BE "
'ISSUED 'EXCEPT FOR. THE AREAS- ~
HEREIN 'DESIGNATED; REAFFIRMING':'
THE POLICIES .;, ESTABLISHED ., 'IN '
-,RESOLUTION' ::;: NUMBER ',; 91-:12;::
: REPEALING, ORDiNANCE 1000, 'AND '.'
ORDlNANCES'1CXJO.A llRXJGH 1CXJO.Hi..
.II\ICLUSIVE; FINDING' . COMPLIANCE .
W1TI;t )THE 'OPEN MEETINGS LAW;,"
,.,fIOVIDING " SEVERABILITY CLAUSE;
.AND ,PROVIDING, f.OR AN EFFECTIVE
I~~.::':~:':":~~~~' . '~':.''';\.',,'. ~_..":,'" ,:/~~,
::r~ .It > ~',. . "CITY OF LA PORTE
. '. slNonnan L Malone
.'.::':.~..'~ :.~.~. ...~... . . ~ Map
ATiEsT: ,,'
8ISue Lenes .'.
C!tY $ec~1aIy ,
... I ,"
APPROVED: ' .
sIKnox w. AskInS" .
':~ Attorney
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WEDNESDAY. FEBRUARY 19, 1997. THE BAYSHORE SUN
PUBLIC NOTICE
ORDINANCE NO. 1000-1
AN ORDINANCE OF THE CITY OF LA'
PORTE, TEXAS, DESIGNATING THE
AREAS WHERE WINE AND/OR BEER FOR
CONSUMPTION ON THE PREMISES
MAY BE SOLD AND PROHIBITING THE
SALE ELSEWHERE; PROVIDING FOR
HOURS OF OPENING AND CLOSING;
PROVIDING SALE OF WINE AND/OR
BEER FOR CONSUMPTION OFF
PREMISES SHALL NOT BE AFFECTED;
DEFINING SOURCE OF AUTHORITY;
PROVIDING THAT ANY PERSON
VIOLATING THE TERMS OF THIS
ORDINANCE. SHALL BE DEEMED
. GUILTY OF A MISDEMEANOR AND
UPON CONVICTION SHALL BE
PUNISHED BY A FINE NOT TO EXCEED
FIVE HUNDRED DOLLARS ($500.00);
PROVIDING A SAVINGS CLAUSE'
PROVIDING THAT NO LICENSE SHALL
BE ISSUED EXCEPT FOR THE AREAS '
HEREIN DESIGNATED; REAFFIRMING
THE POLICIES ESTABLISHED IN
RESOLUTION NUMBER 91-12'
REPEALING ORDINANCE 1000, AND
ORDINANCES 1000-A THROUGH 1000-
HH, INCLUSIVE; 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:
s/Sue Lenes
City Secretary
APPROVED:
s/Knox W. Askins
City Attorney