HomeMy WebLinkAboutO-1990-1000-E
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ORDINANCE NO. 1000-Z
AN ORDINANCE AMENDING ORDINANCE NO. 1000 OF THE CITY OF LA PORTE,
TEXAS, DESIGNATING THE AREAS WHERE BEER FOR CONSUMPTION ON PREMISES
MAY BE SOLD AND PROHIBITING THE SALE ELSEWHERE, PROVIDING FOR HOURS
OF OPENING AND CLOSING, 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 AN
EFFECTIVE DATE HEREOF.
WHEREAS, the City of La Porte desires to regulate the sale of
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. In addition to the locations specified in Section 1
of Ordinance No. 1000 of the City of La Porte, passed and approved
by the City Commission of the City of La Porte on August 19, 1974,
the sale of beer and wine shall also 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
beer and wine for consumption on premises, to-wit:
STREET ADDRESS OF PROPERTY: 1128 South Broadway, La Porte,
Harris County, Texas 77571
LEGAL DESCRIPTION OF PROPERTY: Lots Fifteen (15) through
Seventeen (17), Block Eleven Hundred Nine (1109), Town of La
Porte, a subdivision in Harris County, Texas.
NAME OF APPLICANT: Kathleen Faris
ADDRESS OF APPLICANT: 10414 Rocky Hollow, La Porte, Harris
County, Texas
TRADE OR BUSINESS NAME OF RESTAURANT BUSINESS: Kathy's Pizza
Section 2. Except and to the extent amended hereby, Ordinance
No. 1000 shall remain in full force and effect.
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-transfer-
able, and shall be further conditioned that the permittee shall
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Ordinance No. 1000-Z, Page 2
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.
Section 4. It is expressly provided that this ordinance is not
an attempt to create a zoning district or comprehensive zoning as
authorized by Vernon's Texas Codes Annotated, Local Government Code,
State of Texas, but rather is to designate that area wherein beer
for consumption on premises may be sold in accordance with the
Authority granted by the Texas Codes Annotated, Alcoholic Beverage
Code, State of Texas.
Section 5. Hereafter no license for the sale of beer for
consumption on premises where sold shall be issued or approved, save
and except the areas designated in Ordinance No. 1000 of the City of
La Porte, Harris County, Texas, and amendments thereto.
Section 6. All rights or remedies of the City of La Porte,
Texas, are expressly saved as to any and all violations of Ordinance
No. 1000 or any amendments thereto, or any other ordinance, statute,
or code, that permits and regulates the subject matter of this
Ordinance, that have accrued at the time of the effective date 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 7. If any section, subsection, sentence, clause or
phrase of this Ordinance is for any reason held to be invalid, such
decision shall not effect the validity of the remaining portions of
this Ordinance.
Section 8. 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 was
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 Open Meetings Law, Article 6252-17, Texas Revised
Civil Statutes Annotated, and that this meeting has been open to the
public as required by law at all times during which this ordinance
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Ordinance No. 1000-Z, Page 3
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 9. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 21st day of May, 1990.
CITY OF LA PORTE
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ATTEST:
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Cherie Black
City Secretary
APPROVED, ~
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Knox W. Askins
City Attorney