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HomeMy WebLinkAboutO-1988-1000-X . . ORDINANCE NO. 1000-X 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: 110 North Broadway A, La Porte, Harris County, Texas 77571 LEGAL DESCRIPTION OF PROPERTY: .516 acre tract out of the northerly part of Block 181, Town of La Porte NAME OF APPLICANT: William Arthur Barfield ADDRESS OF APPLICANT: 9625 Montgomery, La Porte, Harris County, Texas TRADE OR ASSUMED NAME OF RESTAURANT BUSINESS: Memory Lane Restaurant 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- rable, and shall be further conditioned that the permittee shall comply with the provisions of the Texas Alcoholic Beverage Code, . . Ordinance No. 1000-X, Page 2 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 Ordi- nance 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~ and as to such accrued violation, the 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 No. lOOO-X, Page 3 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 9. This ordinance shall take effect and be in force from and after its passage and approval. PASSED AND APPROVED this the I~tt day of September, 1988. ::~~~r ATTEST: