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HomeMy WebLinkAboutO-1985-1000-R . . ORDINANCE NO. 1000-R AN ORDINANCE AMENDING ORDINANCE NO. 1000 OF THE CITY OF LA PORTE, TEXAS, DESIGNATING THE AREAS WHERE BEER FOR CONSUMPTION ON THE PREMISES MAY BE SOLD AND PROHIBITING THE SALE ELSEWHERE: PROVID- ING FOR HOURS OF OPENING AND CLOSING: PROVIDING SALE OF BEER FOR CONSUMPTION OFF PREMISES SHALL NOT BE AFFECTED: DEFINING SOURCE OF AUTHORITY: PROVIDING THAT NO LICENSE SHALL BE ISSUED EXCEPT FOR THE AREAS HEREIN DESIGNATED: DEFINING RESTAURANT: GRANTING A PERMIT: FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW: AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the City of La Porte desires to regulate the closing hours for the sale of beer by retailers selling beer for consumption on premises in accord with provisions of Vernon's Texas Codes Annotated, Section 109.32 of the Alcoholic Beverage Code of the State of Texas. 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: (l) At least sixty-five (65) percent of the gross income shall be derived from the sale of prepared food. (2) Any outside entrances, outside separate identi- fication, 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. (3) Beer shall be served as a beverage only in con- nection 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 deter- mines 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 1 icensee' s invoices and cancell ed checks to substantiate its beer and food purchases. No more than two (2) audits per year shall be required. . . Ordinance No. 1000-R, Page 2. Section 2. In addition to the locations specified in Sec- tion 1 of Ordinance No. 1000, passed and approved by the City Commission of the City of La Porte on August 19, 1974, the sale of beer shall also be pennitted during the hours set by the general laws of the State of Texas at a restaurant, as herein defined, to be located at the following location, by a retailer selling beer for consumption on premises, to-wit: STREET ADDRESS OF PROPERTY: 1104 S. 8th Street 'La Porte, Texas 77571 LEGAL DESCRIPTION OF PROPERTY: Block 1101 Lots 22-25 Town of La Porte NAME OF APPLICANT: FRAN E. JACKSON ADDRESS OF APPLICANT: 3903 Bonita Lane La Porte, Texas TRADE OR ASSUMED NAME OF RESTAURANT BUSINESS: nLeaning House of Pasta" Section 3. This Ordinance shall constitute a pennit for the operation of a restaurant, as herein defined, at the above location, which pennit shall be personal to the applicant, and non-transferable, and shall be further conditioned that the pennittee shall comply with the provisions of the Texas Alcoholic Beverage Code, and all other applicable federal, state, and local laws and ordinances, including the provisions of this Ordinance. The City Council may revoke the permit granted hereby if it finds that any of the conditions imposed hereby are not met, or hereafter cease to exist, or in the event 1 icensee ceases business and closes to the publ ic for at least ninety (90) consecutive days. . . Ordinance No. 1000-R, Page 3. Section 4. Except and to the extent amended hereby, Ordi- nance No. 1000 shall remain in full force and effect. Section 5. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subj ect 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 and the subject matter thereof has been discussed, considered and fonnally acted upon. The , City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 6. This Ordinance shall take effect and be in force from and after its passage and approval. PASSED AND APPROVED this 20th day of March, 1985. CITY OF LA PORTE By ATTEST: ~~ Cherie Black, City Secretary APPROVED: