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Home My WebLink AboutO-1983-1000-P . . ORDINANCE NO. 1000-p . 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 HEREI~ 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 wi th provisions of Vernon's Texas Codes Annotated, Section 109.32 of the Alcoholic Beverage Code of the State of Texas. I 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 pre- pared 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. I (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 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-P, Page 2. Section 2. In addition to the locations specified in Sec- tion I 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: I STREET ADDRESS OF PROPERTY: 2199 Underwood La Porte, Texas 77571 LEGAL DESCRIPTION OF PROPERTY: A one (1) acre tract out of La Porte Outlot 451, Harris County, Texas. NAME OF APPLICANT: Joseph W. Chadwick ADDRESS OF APPLICANT: 905 N. Amy Deer park, Texas 77536 TRADE OR ASSUMED NAME OF RESTAURANT BUSINESS: "Sweet Pea's Po Boy and Sandwich Shop" . 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 Ci ty Council may revoke the perrni t granted hereby if it finds that any of the conditions imposed hereby are not met, or hereafter cease to exist, or in the 'f event licensee ceases business and closes to the public for at least ninety (90) consecutive days. . I . . . . Ordinance No. 1000-P, 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, deter- mines, 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 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 the 6th day of April, 1983. CITY OF LA PORTE By ATTEST: ....~.....~ ~rf)~) "'Cl. S re ary ,; . .~ .~ '" " ./. - - ~ >" ,;. ,~:~j ~_.- " ..,~ APPROVED: ~d~ City Attorney .~ ~.' ""... .i"'- 1 ~ . .~tj /\ < Cb Uc,\'\ .< >r- \~ ,\v,~p ~ .-- INTER-OFFICE MEMORANDUM APRIL 10, 1987 .- .- , \ I = !"'"'\ ......_ ~I I. '--' >~t:I..I~! v '- ",.....,., ,,;~.1 r. \j~' .. I .. .. . - TO_:.-,------Ho'no-rcrtrl e ' 'Kayo't., "No rnt'~ih - 'Ra I 0 n-e'-"""'-.., . -.- ~------ .....,...r-~C~ . . '-rl "- "!1"",':"", ,~--- '.~- FROM: J. B. Williamson, Administrative Hearlng-Of~.er ---- SUBJECT: Sweet Pea's Po Boy and Sandwich Shop - Ord. No. 1000-~-Violation ....------ ---- -. A fact-finding hearing was held March 18, 1987 concerning allegations of violation of La Porte City Ordinance U1000-P by the above referenced establishment pursuant to my authority as Administrative Hearing Officer for the City of La Porte. The Honorable John Armstrong and Honorable Robert Montgpmery represented the Ci ty of '.La Porte in the hearing. The Honorable Walter P. Mahoney, Jr. represented-.!!S.w-e-e~-Pea-f1f Po Boy and Sandwich Shop ". Wi tnesses were s\-/orn and testimony was taken. Findings of fact which were supported by the evidence; 1a. Sweet Pea's received authorization to operate as a restaurant (as defined in Ordinance No. 1000-P, Code of Ordinances, City of La Porte) on April 6, 1983, at 2199 Underwood Road, La Porte, Harris County, Texas. 1 b. That the ordinance does not specify who is to verify th~ audit requested. 2. On 11/11/86, the Chief Building Official of the City of La Porte, David A. Paulissen, recei ved a Sworn Complaint from La Porte Police Department Offi~er_ ,R-.P-ar-ker" a credible p~..:~_Qn-,~_ alleging a violation of City of La Porte Ordin~.nce No .--rOOO-p, Section 1, Code of, Ordinances , City of La Porte, (attached as Prosecution Exhibit U1). 3. On November 17, 1986 from approximately 2:30 p.m. until approximately 4 :00 p.m. Officer R. Parker 0 approximate y """15"c;i:i~to!Jler_~==-Q,u!chase beer at, Sw~e..t.--P"e1r.-.; . . "'.- ~.-..-,.. ..,..... -~ ~.-....~::.-,-=---- wa,s served to any customers' at Sweet Pea's from 2:36 p.m~ until approximately 4:00 p.m. on November 4. No food approximately 17, 1986. '-- 5. The beer purchased on November 17, 1986 from approximately 2: 30 p. m. until appro ximately 4: 00 p.m. by the appro ximately 15 customers, was not purchased as a beverage only in connection with the service of prepared food to said customers. '-, . ---., ......... .. . .- ~ Page 2 6. That neither of the officers requested that any food be served. 7. That the officers were instructed not to ask for any food. 8. On the basis of the Sworn Complaint, Chief Building Officia~ Paulissen did determine that a violation of Ordinance No. 1000-P, Section 1, Code of Ordinances, City of La Porte, exists. 9. By letter dated January 13, 1987, Chief Building Official Paulissen did require "...a verified audit for each of -the preceding 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 cancelled checks to substantiate its beer and food purchases..." Said letter was recei ved by Joseph W. Chadwick of Sweet Pea's on January 31, 1987 (letter and return receipt are attached as Prosecution exhibit #2) 10. Sweet Pea has failed to prov ide the City of La Porte with "...a verified audit for each of the preceding 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 cancelled checks to substantiate its beer. and food purchases..." (City of La Porte Ordinance No. 1 OOO-P, Section 1). 11. No evidence was offered as proof that Sweet Pea derives 65S of its gross income from the sale of prepared food. '12. No evidence was offered as proof that Sweet Pea serves beer as a beverage only in connection with the service of prepared food to a customer. 13. The City of La Porte has received no Sworn Complaints alleging any violation by any permitted restaurant in connection with the sale of beer for consumption on premises, and no other verified audits have been required of any other restaurant by the Chief Building Official. . If any further information is desired on this matter, please advise. Respectfully submitted, 9- .{i3 ,);.tt..~~ ~ J. B. Williamson Administrative Hearing Officer ..: j,' .; . ~ ~: JBW/mb Page 3 cc: John Armstrong, Assistant City Attorney Robert Montgomery, Attorney Walter P. Mahoney, Jr., Attorney for Sweet Pea's Robert T. Herrera, City Manager