Loading...
HomeMy WebLinkAboutO-1987-1000-P-1 . . ORDINANCE NO. 1000-P-1 AN ORDINANCE REPEALING ORDINANCE NO. 1000-P OF THE CITY OF LA PORTE, HARRIS COUNTY, TEXAS, AND REVOKING THE PERMIT GRANTED THEREIN: ADOPT- ING CERTAIN FINDINGS OF FACT: FINDING COMPLIANCE WITH THE OPEN MEET- INGS LAW: PROVIDING A SEVERABILITY CLAUSE: AND PROVIDNG FOR AN EFFEC- TIVE DATE HEREOF. WHEREAS, the City of La Porte has engaged in the regulation of the closing hours for the sale of beer by retailers selling beer for consumption on premises in accordance with the provisions of Vernon's Texas codes Annotated, Alcoholic Beverage Code of the State of Texas: and WHEREAS, pursuant to said regulations, the City of La Porte on the 6th day of April, 1983, passed Ordinance No. 1000-P, permitting the sale of beer during the hours set by the general laws of the State of Texas, at an establishment used and located as follows, to-wit: 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 Peals Po Boy and Sandwich Shop" and, WHEREAS, said Ordinance No. 1000-P specifically required said establishment, in order to qualify for its on premises beer permit, to: (I) Derive 65% of its gross income from the sale of prepared food : (2) Serve beer as a beverage only in connection wi th the service of prepared food to a customer: and (3) Upon notification from the Building Official of the City of La Porte, provide the City of La Porte, within thirty (30) days from the date of notification, a veri- fied 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, said audit to be supported by copies of licensee's invoices and cancelled checks: and . . Ordinance No. lOOO-P-I Page 2 WHEREAS, a fact finding hearing was held on March 18, 1987, concerning allegations of violation of La Porte City Ordinance No. lOOO-P by Sweet Peals Po Boy and Sandwich Shop, at which said hearing the City of La Porte and Sweet Pea I s Po Boy and Sandwich Shop were represented by counsel, and at which witnesses were sworn and testimony was taken: and WHEREAS, J. B. Williamson, Administrative Hearing Officer of the City of La Porte, duly appointed in Ordinance No. 1480 , made certain findings of fact, attached to this Ordinance as Exhibit "A" and incorporated by reference herein: and WHEREAS, it is the judgment of the City Council of the City of La Porte, based upon the submitted finds of fact and deliberations of council, that violations of Ordinance No. lOOO-P exists, namely: (1) That Sweet Pea I s Po Boy and Sandwich Shop has violated the terms of its permit, in that it does not derive sixty-five (65%) percent of its gross income from the sale of prepared food: (2) That Sweet Peals Po Boy and Sandwich Shop has violated the terms of its permit, in that beer is not served as a beverage only in connection with the service of prepared food to customers: and ( 3) That Sweet Pea I s Po Boy and Sandwich Shop has failed to meet the conditions of its permit, in that a verified audit of its books was duly requested by the Chief Building Official of the City of La Porte, said audit being supported by copies of licensee IS invoices and cancelled checks to substantiate its beer and food purchases, and permittee failed to provide said audit in accordance with the terms of its license, and in accordance with the terms of the request of the Chief Building Official: and (4) That Sweet Peals Po Boy and Sandwich Shop has not complied with the provisions of Ordinance No. 1000-P: and . . Ordinance No. lOOO-P-l Page 3 WHEREAS, the City Council of the City of La Porte has the authority and power to revoke the permit granted in Ordinance No. lOOO-P, based upon Section 3 of Ordinance No. lOOO-P and the findings contained in this Ordinance: NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Repeal of Ordinance No. 1000-P. Ordinance No. 1000-P of the City of La Porte, Harris County, Texas, permitting Sweet Peals Po Boy and Sandwich Shop to sell beer for consumption on premises within the city limits of the City of La Porte, is hereby repealed. Section 2. Adoptions of Finding of Fact. The following find- ings of fact are adopted by the City Council of the City of La Porte: 1. The findings of fact submitted by J. B. Williamson, Administrative Hearings Officer by Memo dated April IO, 1987, and attached to this Ordinance as Exhibit "A", are hereby adopted by the City Council of the City of La Porte: 2. Sweet Pea I s Po Boy and Sandwich Shop is in violation of the terms of its permit in the following particulars: a. Sweet Pea I s Po Boy and Sandwich Shop does not derive sixty-five (65%) percent of its gross income from the sale of prepared food: b. Beer is not served as a wi th the service of prepared peals Po Boy and Sandwich Shop: beverage food to a only in connection customer at Sweet c. Sweet Peals Po Boy and Sandwich Shop, in contraven- tions of the terms of Ordinance No. lOOO-P, and after due notice, has failed to provide a verified audit showing the gross income derived from the sale of alcoholic beverages and the gross income derived from the sale of food, said audit being supported by copies of Sweet Pea I s invoices and cancelled check's to substantiate its beer and food pur- chases: d. Sweet Pea I s Po Boy and Sandwich Shop has not complied with the provisions of City of La Porte Ordinance No. lOOO-P. . . Ordinance No. 1000-P-I Page 4 3. The permit granted in Ordinance No. lOOO-P for Sweet Peals Po Boy and Sandwich Shop, and the conditions imposed in said permit in Ordinance No. lOOO-P have not been met, and Sweet Peals Po Boy and Sandwich Shop is in violation of the terms of its permit. Section 3. Revocation of Permit. The permit granted to Sweet Peals Po Boy and Sandwich Shop in Ordinance No. lOOO-P, allowing Sweet Peals Po Boy and Sandwich Shop to operate as a restaurant, as defined in Ordinance No. lOOO-P, at a location specified in Ordinance No. lOOO-P, is revoked, in accordance wi th the authority granted and retained by the City Council in Section 3 of Ordinance No. lOOO-P. Section 4. If any section, sentence, phrase, or clause, of this Ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this Ordinance, and it is hereby declared to be the intention of this City Council to have passed each section, sentence, phrase or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase or clause, or part thereof, may be declared invalid. Section 5. The City Council officially finds, determines, re- cites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was post- ed 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 re- qui red by law at all times during which this Ordinance and the sub- ject 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. . . Ordinance No. lOOO-P-l Page 5 section 6: This Ordinance shall be in effect from and after its passage and approval. PASSED and APPROVED this the 14 ~ day of ~k, 1987. CITY OF LA PORTE Ii~~~ ATTEST: {lj~~~ Cher~e Black, C~ty ecretary APPROVED: ti:dJ Knox W. Askins, City Attorney .t - .(- ORDINANCE NO. /4 f () AN ORDINANCE DESIGNATING J. B. WILLIAMSON AS HEARING EXAMINER, TO CONDUCT A HEARING ON PENDING CHARGES AGAINST SWEET PEA'S PO BOY AND SANDWICH SHOP, FOR ALLEGED VIOLATIONS OF CITY OF LA PORTE ORDINANCE NO. lOOO-P; DIRECTING THE HEARING EXAMINER TO MAKE FINDING OF FACT AND CONCLUSIONS OF LAW, AND TO FILE SAME WITH THE CITY COUNCIL OF THE CITY OF LA PORTE; AND PROVIDING FOR AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City of La Porte has heretofore received a sworn complaint of alleged violations by Joseph W. Chadwick, Permitee of Sweet Pea's Po Boy and Sandwich Shop, 2199 Underwood Road, La Porte, Texas 7757l, that said Permitee has allowed the sale of beer for consumption on premises, in violation of,Ordiance No. lOOO-P, passed and approved by the City Council of the City of La Porte on April 6, 1983. Section 2. The City Council of the City of La Porte hereby appoints J. B. WILLIAMSON as Hearing Examiner, to conduct a hearing on said sworn complaint, and to thereafter file his findings of fact and conclusions of law with the City Council of the City of La Porte, for further action by the City Council of the City of La Porte. Section 3. This Ordinance shall be effective from and after its passage and approval. PASSED AND APPROVED this the 25th day of November, 1985. CITY OF LA PORTE I; By ATTEST: Uv~~/ ~ Cherie Black, City Secretary APPROVED: EXHIBIT "A"