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HomeMy WebLinkAboutO-1996-1000-HH . . ORDINANCE NO.1 OOO-HH AN ORDINANCE OF THE CITY OF LA PORTE, TEXAS, DESIGNATING AN AREA WHERE WINE AND/OR BEER FOR CONSUMPTION ON THE PREMISES MAY BE SOLD; 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 A SAVINGS CLAUSE; PROVIDING THAT NO LICENSE SHALL BE ISSUED EXCEPT FOR THE AREAS HEREIN DESIGNATED; 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 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 alcoholic beverages 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-HHe Page 2 . (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 wine, beer and food purchases. No more than two (2) audits per year shall be required. Section 2. The sale of wine and/or beer shall be permitted 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 location by a retailer selling wine and/or beer for consumption on premises, to-wit: 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 3. This ordinance shall constitute a permit for the operation of a restaurant, as above defined, 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. Ordinance No. 1000-HH. Page 3 . Section 4. 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. 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 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 OOO-HH . Page 4 . Section 5. 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 6. 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 7. 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 8. This Ordinance shall be effective from the date of its passage and approval, and it is so ordered. Ordinance No. 1 OOO-HH . Page 5 . PASSED AND APPROVED this the.l.k- day ofJ)eMIJ1bU- CITY OF LA PORTE l~~,~~ ATTEST: ~Ky~~!jzN tfM;f . ,1996.