HomeMy WebLinkAboutO-1984-1000-Q
.
.
ORDINANCE NO. 1000-Q
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 ELSEWHERE1 PROVID-
ING FOR HOURS OF OPENING AND CLOSING1 PROVIDING SALE OF BEER
FOR CONSUMPTION OFF PREMISES SHALL NOT BE AFFECTED1 DEFINING
SOURCE OF AUTHORITY1 PROVIDING THAT NO LICENSE SHALL BE ISSUED
EXCEPT FOR THE AREAS HEREIN DESIGNATED1 DEFINING RESTAURANT 1
GRANTING A PERMIT1 FINDING COMPLIANCE WITH THE OPEN MEETINGS
LAW 1 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 wi th provisions of Vernon I 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 wi th 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:
(I) 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," II 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 ~lcoholic
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 I s invoices and cancelled checks to
substantiate its beer and food purchases. No more
than two (2) audits per year shall be required.
.
.
Ordinance No. 1000-Q, 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 permitted 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: 9522 Spencer Highway
La Porte, Texas 77571
LEGAL DESCRIPTION OF PROPERTY: Lot 166, Block 10
Spenwick Place Section 2
NAME OF APPLICANT: Shah Shamsul Anam
ADDRESS OF APPLICANT: 1304 Avenue "E", No.8
Huntsville, Texas
TRADE OR ASSUMED NAME OF RESTAURANT BUSINESS:
"Spencer Country Cafe"
Section 3. This Ordinance shall constitute a permit for
the operation of a restaurant, as herein 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 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 licensee ceases business and closes to the public for
at least ninety (90) consecutive days.
.
.
Ordinance No. 1000-Q, 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 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 Annotated1 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 6. This Ordinance shall take effect and be in
force from and after its passage and approval.
PASSED AND APPROVED this 28th day of November, 1984.
CITY OF LA PORTE
By
ATTEST:
~
Cherie Black,
&:ry
APPROVED:
Knox