O-1997-1000-1 - Laserfiche WebLink

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. . ORDINANCE NO. 1000-1 AN ORDINANCE OF THE CITY OF LA PORTE, TEXAS, DESIGNATING THE AREAS WHERE WINE AND/OR BEER FOR CONSUMPTION ON THE PREMISES MAY BE SOLD AND PROHIBITING THE SALE ELSEWHERE; PROVIDING FOR HOURS OF OPENING AND CLOSING; PROVIDING SALE OF WINE AND/OR BEER FOR CONSUMPTION OFF PREMISES SHALL NOT BE AFFECTED; DEFINING SOURCE OF AUTHORITY; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE, SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE PUNISHED BY A FINE NOT TO EXCEED FIVE HUNDRED DOLLARS ($500.00); PROVIDING A SAVINGS CLAUSE; PROVIDING THAT NO LICENSE SHALL BE ISSUED EXCEPT FOR THE AREAS HEREIN DESIGNATED; REAFFIRMING THE POLICIES ESTABLISHED IN RESOLUTION NUMBER 91-12; REPEALING ORDINANCE 1000, AND ORDINANCES 1000-A THROUGH 1000-HH, INCLUSIVE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of La Porte desires to regulate the closing hours for the sale of wine and/or 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. 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 wine and/or beer may be sold under the following conditions: (1) At least sixty-five percent (65%) of the gross income shall be derived from the sale of prepared food. (2) Any outside entrances, outside separate identification, 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.