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O-1991-1000-AA
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O-1991-1000-AA
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11/2/2016 3:38:49 PM
Creation date
7/20/2006 8:33:50 AM
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Legislative Records
Legislative Type
Ordinance
Date
2/25/1991
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<br />. <br /> <br />. <br /> <br />ORDINANCE NO. 1000-AA <br /> <br />AN ORDINANCE AMENDING ORDINANCE NO. 1000 OF THE CITY OF LA PORTE, <br />TEXAS, DESIGNATING THE AREAS WHERE BEER FOR CONSUMPTION ON PREMISES <br />MAY BE SOLD AND PROHIBITING THE SALE ELSEWHERE 1 PROVIDING FOR HOURS <br />OF OPENING AND CLOSING 1 DEFINING SOURCE OF AUTHORITY; PROVIDING A <br />SAVINGS CLAUSE; PROVIDING THAT NO LICENSE SHALL BE ISSUED EXCEPT FOR <br />THE AREAS HEREIN DESIGNATED; FINDING COMPLIANCE WITH THE OPEN <br />MEETINGS LAW, PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN <br />EFFECTIVE DATE HEREOF. <br /> <br />WHEREAS, the City of La Porte desires to regulate the sale of <br />beer and prescribe the hours when it may be sold, for consumption on <br />premises in accord with provisions of Texas Codes Annotated, <br /> <br />Alcoholic Beverage Code, Chapter IDS, Section 105.0S and Section <br /> <br />105.06, and in accord with the provisions of Texas Codes Annotated, <br /> <br />Alcoholic Beverage Code, Chapter 109, Subchapter C, Section 109.3l <br /> <br />et seq; <br /> <br />NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY <br /> <br />OF LA PORTE: <br /> <br />Section 1. DEFINITIONS: <br /> <br />Restaurant: A building or portion of a building, not <br />operated as a dining room in connection with a hotel or <br />boarding hotel, where the primary business is the on-premises <br />sale of prepared food, with adequate kitchen facilities for the <br />preparation of the food to be sold, the adequacy of said <br />kitchen facilities to be based upon the seating capacity of the <br />restaurant and the type of menu offered, and where alcoholic <br />beverages may be sold under the following conditions: <br /> <br />(1) At least sixty-five percent (65%) of the gross income <br />shall be derived from the sale of prepared food. <br /> <br />(2) Any outside entrances, outside separate identification, <br />outside signs or other advertising shall not use any of <br />the words "bar," "tavern," "lounge," "ice house," or <br />"beer," or any word of like import, to identify the <br />business. <br /> <br />(3) Beer shall be served as a beverage only in connection with <br />the service of prepared food to a customer. <br /> <br />(4) Whenever the building official on the basis of a sworn <br />complaint from any credible person determines that a <br />violation of this section exists, he may require any <br />person serving alcoholic beverages as an incidental use to <br />provide the City, within thirty (30) days of notification, <br />a verified audit for each of the preceding four (4) <br />calendar quarters, showing the gross income derived from <br />the sale of alcoholic beverages and the gross income <br />derived from the sale of food. Such verified audit shall <br />be supported by copies of licensee's invoices and <br />cancelled checks to substantiate its beer and food <br />purchases. No more than two (2) audits per year shall be <br />required. <br /> <br />Section 2. In addition to the locations specif~ed in Section I <br /> <br />of Ordinance No. 1000 of the City of La Porte, passed and approved <br /> <br />by the City Commission of the City of La Porte on August 19, 1974, <br />
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