The URL can be used to link to this page

Home My WebLink AboutPR 12071:2523 JEFFERSON DRIVEinteroffice MEMORANDUM To: From: subject: Date= Attached is P. R. No. 12071 variance to the property located at sale of beer and wine Mayor, City Council, City Manager Mark T. Sokolow City Attorney /~ P. R. No. 12071; Council Meeting of February 18, 2003 January 30, 2003 addressing the request for a 2523 Jefferson Drive for the MTS/ts Attachment CC: Minh Tan Doung 2345 4tn Street Port Arthur, TX 77642 Ivan P. Jones Principal 'MEMORIAL HIGH SCHOOL 2200 Jefferson Drive Port Arthur, TX 77642 Director of Planning Major Clark, PAPD P. R. No. 12071 01/30/03 ts RESOLUTION NO. A RESOLUTION ADDRESSING THE Request FOR A VARIANCE AS IT PERTAINS TO THE PROPERTY LOCATED AT 2523 JEFFERSON DRIVE FOR THE SALE OF BEER AND WINE WHEREAS, Minh Tan Doung has requested to sell beer and wine at 2573 Jefferson Drive, which is across the street from the parking lot of the stadium used by Memorial High School; and WHEREAS, said premises is within 300 feet of the property line of the school, as denoted in Exhibit ~A"; and WHEREAS, said sale c~n only be done if the City Council grants a variance, pursuant to Section 6-35 of the Code of Ordinances; and WHEREAS, Mr. Doung has requested a variance, as denoted in Exhibit ~B". NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR= Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That the City Council finds that it is in the best interests of the public that a variance be granted in that the premises are more than 1000 feet from the actual high school parking lot that the students use for their daily school activities and that the City Council finds that the proximity of the premises to the stadium parking lot is not a danger to the health, safety and welfare of the children. Section 3. That said variance is granted with the Z .pr12071 following condition that no sale of beer during the time that the stadium or the being used for any school related events. or wine can take place adjacent parking lot is Section 4. beer or wine during the time that the stadium or the parking lot is being used for any school related events. Section 5. That a copy of the caption of be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED on this day of That Minh Tan Doung has agreed to not selling adjacent this Resolution A.D., 2003, at a Regular Meeting of the city Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor , City Council , NOES: ATTEST: OSCAR ORTIZ, MAYOR EVANGELINE GREEN, CITY SECRETARY AGREED TO: MINH TAN DOUNG APPROVED AS TO FORM: MARK T. SOKOLOW, CITY ATTOR/qEY APPROVED FOR ADMINISTRATION: STEVE FITZGIBBONS, CITY MANAGER z.pr12071 EXHIBIT "A" MEMORANDUM POLICE DEPARTMENT PORT ARTHUR Date: 08/19/02 Ix] For your information [ } For comment & recommendation [ ] File for future reference [ ] Please discuss with me [ ] Please take appropriate action [ ] Please prepare draft for my reply [ ] Please reply on my behalf Il Please return REMARKS: Far East Restaurant Attached is a diagrmn with measurements of Far East Restaurant to the boundaries of Port Arthur Independent School District property at 2523 Jefferson Drive. The measurement from Far East Restaurant south to Redbud Avenue to Memorial parking lot is 253 feet. The measurement from Far East Restaurant north to 25th street to Memorial parking lot is 282 feet. This distance does not comply with Port Arthur City Ordinance 6-35, which requires a distance of at least 300 feet from the place of business to the property lines of a public or private school. Criminal Investigations Division Application Received: Notary or Contact Person Information Business Name:~_~ Location: (:x9 ,-~(-,:~ Applicant: Local Record Check Health Dept. Notified by Interoffice Mail Wayne Doyle ext. 8274 Approved: Planning and Zoning Notified by Interoffice Mail Dale Watson ext. 8138 Approve, d: ~ Major Clark Approved: Chief's Letter Prepared Returned Approved Notary or Applicant Notified ~'-' / ~ C)~ PU Mail Original Questionnaire to Judge Carl Griffith with Copy of Chief's Letter__ Copy of Chief's Letter to TABC __ Original Chief's Letter, Original Planning and Zoning Letter and Applicants Paperwork to be Returned to Applicant. Prior Folder MEMORANDUM POLICE DEPARTMENT PORT ARTHUR Date: 08/19/02 Ix] For your information [ ] For comment & recommendation [ ] File for future reference [ ] Please discuss with me Please take hpprnpriate action Please prepare draft for my reply Please reply on my behalf Please return REMARKS: Far East Restaurant Attached is a diagram with measurements of Far East Restaurant to the boundaries of Port Arthur Independent School District property at 2523 Jefferson Drive. The measurement bom Far East Restaurant south to Redbud Avenue to Memorial parking lot is 253 feet. The measurement from Far East Restaurant north to 25th street to Memorial parking lot is 282 feet. This distance does not comply with Port Arthur City Ordinance 6-35, which requires a distance of at least 300 feet from the place of business to the property lines of a public or private school. Criminal Investigations Division PORT ARTHUR Independent School Attention; DR. LOUIS REED P.O. BOX 1388 PORT ARTHUR, TX 77641-1388 District Subject; Notice of Alcoholic Beverage commission Dear Dr. Reed, Please accept this letter original application with for the following; as notice that I have filed an the Alcoholic Beverage Commission LICENSE/PERMIT; LOCATION; TRADE NAME~ Wine & Beer Retailer's Permit (BG) 2523 3'EFFERSON DR. PORT ARTHUR, TX 77642 FAR EAST RESTAURANT Since this location is within 1000 feet of the Port Arthur I.S.D. school property line, I am required by law to notify you in writing of this fact. Please acknowledge this notification~ by your signature and date notified below, and then return the document to the Texas Alcoholic Beverage Commission located at 6450 Concord Road, Beaumont, TX 77708-4399 on or before July 26, 2002. DR. LOUIS REED PORT ARTHUR INDEPENDENT $CBOOL' ~UPERINTENDENT Signature of Superintendent Dat otlfied Should you have any questions, please contact the Texas Alcoholic Beverage Commission at (409)898-3116. Sincerely, MINH TAN DUONG FAR EAST RESTAURANT ANSWER ALL QUESTIONS. Y FALSE STATEMENT WILL NOT ONLY DISQUALIFY. YOU, 13UT SUBJECT yo~'l'j~)J PROSECUTION UNDER SECTION 101.69 OF THE TEXAS ALCOHOLIC [3EVERAGE CODE. FAR EAST RESTAURANT Trade Name of Business: Address: - Appli~nl's Full Legal Name (Last, FlFsl, Middle) DUONG MZNH ~AH 2523 JEFFERSON DR. PORT ARTHUR, TX 77642 Dale o¢ Birth MM/DD/Yy 11 / 20 / 73 VIETNAM :.Spouse's Full Legal Name (Last, First. MiddD) .... ' MM/DD~Y I .. 0 ~LY FRANCIS JEANNE I 11 /15 /69 [VIETNAM P Issuing S~ale (Abb~evlate Statel and DHver's ticel~se Number ' ' ' ' I ~ I s~, I H~., l wo¢ I .~. I ~ I 3. Are you residentla[ly domiciled wRl~ anyone at [his linm ~e,~.. ' -- , , , I I' ~m I If"YES," whonu I ......... mn your spn ~"~d~:;'~c,~ ,,~u,¢11,~7. 3UYe~No Iss,u~ng ~tete [,Abbreviate Slate] end Drivor's Licenso NumUer ~'~ ....... (u) years, uegmmng with prose ~ % ~ROM: 04 1999 TO: P R E S E N T 2345 4th AVE PORT ARTHUR, TX FROM: 03 1991 04 1999 To~ : 401 BEECHWOOD AVE. SYRACUSE, N Y 5. Sus[aessP~one (409 ) 962-8000 ResMe~[~s~Phone( 409 ) 984-5174 ~[Do 8 d[~zen o[ U]e ~ ~- ,-,~ ~ .... ;7'77"[ ............................................................................................. -- Oepa,tment No. INS A~ 042-809-868 7.Have you or your spouse or anyo e with ~om y~u are fesidentiall ~om cile ~.hfldren) E~ER BEEN ARRESTED OR P CKED UP FOR INVES~,~ ..... JJ?]~r. than m,nor depeRdent ~ I u so, Dye lull detads, including date(s) a~d description. _ A hcant Y ~ . . . PP ~ es ~No Spouse~Yes ~No Other~Yes ~u D ~~~ ....... ,~,, · ~,~_ ~ r y Date # HONORABLE CARL GRIFFITH CODNTY JUDGE OF JEFFERSON COUNTY POST OFFICE BOX 4025 BEAUMONT, TEXAS 77700 DATE: BUSINESS: FAR EAST RESTAURANT An investigation was made of Minh Tan Duoug, residential address of 2345 - 4t~ Avenue, Port Arthur, Texas, applying for a Wine and Beer Retailer's Permit and Food and Beverage Certificate, business location of 2523 Jefferson Drive, Port Arthur, Texas, From the investigation, the following answers to questions of importance in judging the granting of this license or permit are herewith made: Is there any indication that the applicant will not conduct the business in accordance with the law and thereby jeopardize the peace, morals, health, or safety of the general public? No. Does the criminal files of your department contain any information relative to the applicant? No. To your knowledge, has the applicant and/or the premises been free of any violation of the laws of the Liquor Control Board, or any arrests? Yes. Do you believe the premises has been used or frequented in any manner for purpose that is lewd, immoral or offensive to public decency? No. In your opinion, does the premises have adequate lighting? Yes. To your knowledge, has the premises been free of use by persons under 21 years of age? N/A Does your agency object to the issuance of the license or permit? No. 8. Do you know of any other objection? No. Does the location comply with the Zoning City Ord. j/Qrnce? Yes. // Port Arthur Police Department 10. Does the building contain sanitary rest rooms as well as other such health facilities as required by law?. DAVE: ~ id/Ffiq) gOO 7_._ Wayne~yle, lnspeeto~ Port Arthur Environmental Health Department FIRST READ ALL INSTRUCTIONS FEE TYPE OR PRINT IN I1~, lA. APPLICATION IS FILED FOR: I DG WINE AND DEER RETAILER'S PERMIT BE BEER RETAIL DEALER'S ON-PREMISE LICENSE DQ WINE AND DEER RETAILER'S OFF-PREMISE FERMIT BF BEER RETAIL DEALER'S OFF-PREMIS ~ BL RETAIL DEALER'S ON-PREMISE LATE S CF~ V WINE & BEER RETAILER'S PERMIT F JRSION BO~'TS-" Y WINE & DEER RETAILER'S PERMIT F WAY DINING CAI oWiNE ONL PAC GE STORE P, Z ~LP LOCAL DISTRIDUTOR'S PERMJT E LOCAL CARTAGE PERMIT [i~ F/BF.~u~ i i ET LOCAL CARTAGE TP..&NSFER B. Application is fi~ed for: [~Odginal [] Renewal Chang C, Ii' renewa~ or change, entDr licensB/permit no(s). D. If applying for subordinate only, enter primary licenae/permit no. 2A. Application is flied by: Registry No. PS PACKAGE STORE TASTING PERMIT N PRIVATE CLUB REGISTRATION PERMIT PRIVATE CLUB BEER AND WINE PERMIT NE PRIVATE CLUB EXEMPTION CERTIFICATE PERMIT NL PRIVATE CLUE LATE HOURS PERMIT PE BEVERAGE CARTAGE PERMIT MB MIXED BEVERAGE PERMIT LB MIXED BEVERAGE LATE HOURS PERMIT Mt MINIBAR PERMIT CATERER'S PERMIT FD FOOD AND BEVERAGE CERTIFICATE RM MIXED BEVERAGE RESTAURANT PERMIT WiTH FB eof B. Indicate primary business at this location: Individual F~ 01-Restaurant Partnership J~ 02-Bar Limited Partnership F-~ Limited Liability Padnership ~ 03-Sexually Oriented Corporation ~04-Sporting Arena, Civic Center Hotel Limited Liability Company bJ 05-Miscellaneous Other - -- Unincorporated Association DJ' Persons (Private Clubs Only) 06-Grocery/Market 07~Liquor Store 08-Gas Station 10-Pari-mutuel Wagering 11-Convenience Store with Gas 12~Convenience Store without Gas C. Does applicant require employees to attend an agency approved seller training course? ............ 2c[~Yesr~ D. Is live music featured 2 or more times per week? ........................................... D [] Yes~] E. Has your proposed licensed location been reviewed for compliance with Title III of the Americans with Dsab tesAc of 19907 .............................................................. E[]Yes[] F, Does the applicant own the land and building at the proposed licensed location? ................. F G, If location has not been licensed within the last 24 months for on premise consumption of alcoholic beverages, indicate date sign was posted. C)~//~'~/.~oo 3. ~Trade Name of Business~ FAR EAST RESTAURANT 4. Address or Location 2523 JEFFERSON DR. Cib/ County [ State Zip Code (9 Digits) PORT ARTHUR JEFFERSON I TX 77642 5. Mailing Address City State Zip Code (9 Digits} 2523 JEFFERSON DR. PORT ARTHUR TX 77642 6. ;.rea Code + Business Telephone Number Area Code + Alternate Telephone Number ( 409 ) 962-8000 ( 409 } 984-5174 ~,q.~ Full Legal Name of Individual (Last, First, Middle) '~ I Date of Bidh - MM / DD/YY DUO G . NH I / 20 / 73 Social Security Number Issuing Sta~e and Driver's License Number 258-77-9509 TX 17547292 - Residential Address City State / Zip Code 2345 4th AVE PORT ARTHUR TX [~7642 B. Has the person named in 7A above been a legal resident of Texas for a period of one (1) year immediately preceding the filing of this application? ................................................................. 78 ,~YesE~ No .TR. DENAME:FAR EAST RESTAURANT OWNER OF PREMISES FORML- 0 -O 0g/ g SA. Please indicate if information to be entered below is for: TASC USE [] Owner of Land and Building [] Owner of Land []Owner of Building [] Owner of Boat ONlY If the land and building are owned by different entities, please complete a separate Form L-IO1-OP for each entity. l. Entity Name 2. Address 3. Federal Employer' s I.D. No [] Check here if information entered is for owner of the land and building of the S(orage Permit or Manufacturer's Warehouse License. B.~,,FuI~ Lega Name o Ind vidual, Padner Officer (Las[, First Middle),~ Date of Birth ' ' MM / OD/YY Title/Owner BALL CARTER A DOTS N~T W~NT TO GIVE Social Security Number !Issuing State and Driver's License Number 114 CRYSTAL COVE LN DOES NOT WANT TO GIVE Residential Address City State Zip Code 114 CRYSTAL COVE LN BUCHNAN DAM TX 78609 Full Legal Name of Individual. Partner, Officer (Last, Fir'st, Middle) ' '. Date of Birth Title/Owner MM / DD/YY / / Social Security Number Issuing State and Driver's License Number Residential Address City I State Zip Code Full Legal Name of Individual, Partner, Officer (Last, First, Middle) Date of Birth Title/O,,~ner MM / DD/YY / / Social Security Number !Issuing S~ate and Driver's License Number -- Residentia~ Address City State Zip Code Full Legal Name of Individual, Partner, Officer (Last. First, Middte) ! Date of Birth MM / DD/YY r Title/Owner Social Security Number issuing State and Driver's License Number Residential Address City State Zip Code Full Legal Name of Individual Partner O~cer' (Last. First, Middle) I Date of Birth I Title/Owner MM / DD/YY I / / I Social Security Number Issuing State and Driver's License Number Residential Address City State Zip Code Full Legal Name of Individual, Partner, Officer (Last, First, Middle) I Date of Birth ! Title/Owner MM / DD/YY Social Security Number Issuing State and Driver's License Number Residential Address City State Zip Code (IF YOU NEED ADDITIONAL SPACE FOR MORE NAMES, USE ADDITIONAL COPIES OF THIS PAGE} FAR EAST RESTAURANT ALL APPLICANTS FO ML. o,.^p o,,sc 10Al. VVill the license or permit embrace the entire building, grounds and eppudenances at the ~ address shown as the Iocalion? 2. If answer to question A(1) .............................................................................................. AI[~ YesE~ No is 'NO." have you al[ached the required diagram? ' B. Will your business be located within 300 feet of a church or public hospital? ......................... 2 [] Yes E~] No Measurements for church or public hospital are to be made from front door to front B ~ Yes:~N3 door, alon9 the property lines of the street fronts and and in a direct line across intersections. C.la. VV~[I your business be located vlithin 300 feet of any school, including private schools, day care cen~er or day care facilk'7? b. I YES. are thefaciliEes oce~edo '== _ · ................ .~ ................................................. claE~ n dl,,_r=nt flgors or s~or~:s of the bu;!a nc(s)? b[] Yes [] 2~. VVill yo.ur business be located within 1,000 feel of a public school? ................ b. Will your business be Ioce =d ~ ,h,n 1,000 feet of a private school? MEASUREMENT FOR C1 AND C2: ...................................... b[~ Yes ~ Measurements for private and public schools, day care centers and day care facilities are to be made in a direct line froM'the nearest propedy line of the school, day care center or day care facility to the neai-;e~t property"line of the place of business, along street fronts and in a direct line across intersections. Refer to page 19 of instruction' booklet for measurement if located in multistory building. g. Measuring from a door which the public may enter your establishment to the nearest property line of a public or private school, Will your business be Iocaled within 1,000 feet of a public or private schoolt .......... · ' .................................................................................................. D ~ YesE] N~ If D Is answered "YES," you must give written no~ice of this application to the school officials and attach a copy o~' such no~ice lo this application. .Eln. Has any person named in question 7A. PT. C7 or N7 or his or her spouse been finally condec,ed or r~ce~ved deferred ~djudication for any o~ the following o,%ns~s? ....................... E~ieE~] '~'~s~ No If answer is "YES," indicate which type of often'se and give explanation: I~ (1)any felony offense r'-I (2) prostitution I'~ (3) bookmaking ' [-~ (4) gambling or gaming ['~ (5) bootlegging E~ (6)vagrancy offense involving moral ~urpitude [---] (7)any offense involving controlled substances as defined in Texas ControlIed Substances Act or dangerous drugs [] (8) any offense involving firearms or a deadly weapon [] (9) more than three violaEons oi' the Texas Alcoho!ic Beverage Code relating to minors El(10) violations of the Texas AJcoholic. Beverage Code resulting in cancellation of a license or permit or a tine o~ S500 or more b. It' answer to Ela is "YES," has it been three (3) years since the termination of a sentence, parole or probation served for any offenses indicated above? b [] Yes E~ No 'Jr answer is "NO," a[~ach explanation. ' .......................................... 1':":" 2. Has any person named in question 7A, PT, CTorN7 been convicted of any offenses under federal or state law, or municipal ordinance involving violations oi' an individual's civil rights or discrimination against an individual on the basis ol race, color, c~ead or national origin? ..... 2 J~ Yes J~ No Fl. The applicant or permit and license holder may have an interest, directly or indirectly tn only one level of the alcoholic beverage industry; i.e. manufacturing, wholesalin9 or retail. You or your agent, servant or employee may not be employed in any capacity at different levels, may not rent or lease property or equipment from or to an entity operating at another level, may not secure credit or a loan in any form for an entity at another level, cannot control in any fashion the interests of a permittee or licensee at a different level, 2. Are you or anyone described in questions 7A. Pr, C7 or 10J in violation oi' the above requirements? ............................................................................................. F2 E~Yes [~ No If "YES." attach explanation. ' ....................... -'-' "- · ~IAoENAM -~ FAREAST RESTAURAN4%LL RETAILERS aa: PRIVATE CLUBS 11A. Is the proposed location to be licensed located in a hotel or motel9 ' , ............................................ B. e app?ent ~wn or ope~ate a hotel at [h~ Ioca:io~ for which l~i~ ~ppNca:ion is filed7 C. y operam un.er a franchme agreement7 If so. aNach a co~,, D.1. Do you share the premises wi[~ another business enli v? ........................................... ~ ~ ~ Trade Name(s) S~les and Usa T~x Number(s) 2. Does the! business entity operate under e franchise agreement? il "YES." a?.ech a copy ............. 2,f--] Yes--~Nc E. If operating underelease.' ' , .... -- md,~.e3e- the foNowmg concernlnfl your I~s~' 1. Expiradonde~e(s).'Opdons KKFIRES SEPT. 01,2~0 ~i~ OPTION TO RENEW 2. Mon[hiy~ea[~le~oun[ $896.00, AFTER 2YRS WILL INCREASE $20.00 PER MONTH 3. O~her fees or payments to landlord NONE ;,re you operating under anycoacess~on, services or management agreements orag:eemenls . v,'hlch contain terms for se,vices or r0epepeman~ over and bsyond' providing prsperly Fan',al? ........ Fl~'!TM Yes ~ Nc If "YES." indicate the following and attach CODy of emrSemenlfsl: -- 2. Expiration da~e(s)/Options "" ' · 3. Monthly fee 4. Any other fee(s) made to concession, service or management companies. 5. If management company differs from lessor or sublessor, enter name below and comp!e.'e Form _. L-101-SL, giving name, address and officers of concession, service or management comgenies. ~ Name '-L . Are there any agreements, excluding E and F above, which require a payment by the app!icant in a doliar figure or percentage of gross or net receipts of tho business? If "YES. etlach a cop~ afreemenL · ........................................ O ON PREMISE LICENSES/PERMITS H. Does [ha proposed licensed premise have: 1. runnino water, if available? H1 ~Yes ~NO ~:para,=, free. properly identified toilals for males and f--mai=sm b. ff "NO," is Iocalion in 8 multi-tenant business complex which provides fre= public res~-oo~'~' for2a~'~jX[Y6s mal~s end females and is available t3 customers durino your hours o[operatfon? b~y=- ~No 3. adequate ~" - s_edng for customers? ...................... = · I. Please provide the following ~ , ....... _ .,.~ ............... : ................. , ............ 3 salrs o¢.a for your I~ y~ar of op=raboa or pro~ec(ed yeany sales the proposed licensed premise: Alcoholic B~verage Safe 5 ... ~ 12,780 O[her S~les ..................... Food Sales ......................... $ 88,900 Total Sales ........................ s 10] ,680. J. Iflt syourlat=n¢ontollcenseaboat, wha, = ne m¢xmumnumberofpessez~ers allov.,ed? ........ j K. Is'an7 p:opad? f~ne of yo:~r premise wilhin 309 feel of a residential adfress or established neighborhood associ:~ iD '7 K ~-} Y~s I~ Nc IF yes, no,ice must be made to each residential ~ddress or established neichborhood ANech e list ofall addresses n "~- o,m=d 8long wkh e cop7 orcomple~ed notice. Refer to l~st page or ihstrucdon booklet for s~mpfe ornotice. Application cannot be approved '" , ' ~,,mou list of addresses nodfied end copy f ' ,' ,=~ . . o comple,ed nouce. P,~ rarer to p~ges 2 ~nd 23 ct mstrucbon bookteL For applicants in municipalities with a population of 1.500.000 or L. 1. Measuring in a straight line from the nearest poln~o~the property line orthe proposed location to the nearest poim of the property line ol a residence, church, school, day care or social service facilky, will your business be located within 300 Feet or these types o¢ facilities? L~ ~Yes ~ No 2. I~ answer lo L1 is "YES," is 75% or more or the applicant's actual or anticipated gross revenue 2~TM ~ No 3. from the sale of alcoholic beverages? .............................................................................................. If answer to L1 and L2 is "YES", have you given notice that an application has been filed, to all [enen!s or property ovmers described in L1 'within five (5) days after the filing of the original application? TRAn£NAME: FAR EAST RESTAURANT ACKNOWLEDGMENT FORML-~0~.^CK09,gg Name of License Service, if applicable: 4, BOBBYS LICENSE SERVICE & TAXES Address of License Service: 4, 6423 VAL GROVES, TX 77619 Do you want your renewal notice sent to the mail address shown for your license service? ...................... [~ Yes [~ No EACH PERMITTEE OR LICENSEE SHALL HAVE EXCLUSIVE OCCUPANCY AND CONTROL OF THE ENTIRE LICENSED LOCATION. ANY ARRANGEMENT WHICH SURRENDERS SUCH CONTROL OF THE EMPLOYEES, PREMISES OR BUSINESS, INCLUDING PROFITS AND LOSSES, TO PERSONS OTHER THAN THE LICENSEE OR PERMITTEE IS UNLAWFUL. WARNING: Section 101.69 of the Texas Alcoholic Beverage Code is as follows:"....a person who makes a false statement or false representation in an application for a permit or license or in a statement, repod, or other instrument to be filed with the Commission and required to be sworn commits an offense punishable by imprisonment in Ihe penitentiary for not less than 2 nor more than 10 years" ACKNOWLEDGMENT If Applicant is: Who Must Si,~n: SIGN ~ ~ Individual-individual. Owner HERE ~ m~ Partnership -Partner SIGNATURE MUST APPEAR AS NAME SHOWN IN QUESTION 7A. PT. N7 OR C7 P' Corporation -Officer'" ': Be~or~ me, the undersigned authority, on this 28 ~' L'm'ted/L'mited L'abilit¥ Partnership -General Partner day of MAY 20,02 the person whose ~, Limited Liability Company-Officer or Manager name is signed to the foregoing application personally appeared [] Private Clubs Only -Officer and, duly sworn by me, states under oath that he or she has read IF ONLY APPLYING FOR A SUBORDINATE the said application and that ail the facts therein set fodh are true i?las..,,t.h,e~:._e..beerb,any¥c~a~ge~ ~ the .. ![a.~.t:/~u,l%~t[bn wa§t¢~qJ:~Tex,s ',~ Yes ~ No HERE PUBLISHER'S AFFIDAVIT i ~ Name of Newspaper '~ ' ATTA C H ~" City, County , Texas i~ 2 Dates of Notice Publication MM/DDPFY 4, MM,'OB~¢,' 4, I in Daily / Weekly Newspaper / / AND / / PRINTED il Publisher or designee certifies attached notice was ~ublished in said newspaper on the dates shown above. COPY OF Signature of Publisher or Designee ~ THE i Sworn to and subscribed before me this date ' NOTICE ~ '~ SignatureofNotaryPublic ~ ~ S E A L COMPTROLLER OF PUBLIC ACCOUNTS CERTIFICATE This is to certify on this day of , the applicant holds or has applied for and satisfies all legal requirements for the issuance of a Sales Tax Permit under the Limited Sales, Excise and Use Tax Act or the applicant as of this date, is not required to hold a Sales Tax Permit. SALES TAX PERMIT NUMBER Comptroller of Public Accounts SIGN ~ HERE Title/Field Office SEAL TRADE NAME: FAR EAST RESTAURANT CERTIFICATE OF COUNTY CLERK I hereby cedify that on this the day of 4 es the place of business is in a "wet area," for a and is not prohibited by any valid order of the Commissioner's Coud. FORM L-101-CNY 09/99 SEAL County Clerk the location indicated in question Type of License or Permit CERTIFICATE OF COUNTY CLERK FOR BG'S, BQ'S, V'S AND Y'S County I hereby certify that on this the __ day of __ the location indicated in question 4 as the is in a "wet area," for a Wine and Beer Retailer's Permit / Wine and Beer Retailer's Off-Premise Permit prohibited by any valid order of th~ (~ommissioeer's Count. (Circle the permit that applies to this cedification.) Most current election for given location W;~ hel~f~r the following': I--I legal sale of all alcoholic beverages for off-premise consumption I--1 legal sale of all alcoholic beverages f--I legal sale of all alcoholic beverages except mixed beverages I--1 legal sale of all alcoholic beverages including mixed beverages r-i legal sale of mixed beverages ['-] legal sale of wine/beer on-premise or wine/beer off-premise after September 1, 1999 BI none of the above SIGN HERE ~ County County Clerk SEAL CERTIFICATE OF COUNTY CLERK FOR LATE HOURS LICENSE OR PERMIT I hereby certify this the day of that: [] 1. The Commissioner's Court of the county has by order authorized the sale of "mixed beveraqes" between midnight and 2:00 A.M. (or) [] 2. The Commissioner's Count of the county has by order authorized the sale of "beer" between midnight and A.M (or) [] 3. The population of the county in which such premises are located was 500,000 or more according to the last Federal Census. SIGN ~ HERE SEAL County Clerk County CERTIFICATE OF COUNTY CLERK (Address for Storage Permits and Manufacturer's Warehouse License listed in Questions 21B and/or C.) I hereby certify that on this day of .... the location herein given as the place of business is in a "wet area," and that the sale of alcoholic beverages for which license/per~it is sought is not prohibited by any valid order of the Commissioner's Count. SIGN HERE ~ County County Clerk ~EAL CITY OF PORT ARTHUR, TEXAS PLANNING DEPARTMENT APPLICATION FOR WINE/BEER/LIQUOR PERMIT APPLICANT: Minh Tan Duong 2345 4th Street Port Arthur TX 77642 LOCATION: Far East Restaurant 2523 Jefferson Dr. Port Arthur TX 77642 FOR: Wine and Beer Retailer's Food and Beverage Permit PRIMARY BUSINESS: Restaurant FOR ZONING: May not meet distance requirement from school July 19, 2002 c: City Secretary HONORABLE CARL GRIFFITH COUNTY JUDGE OF JEFFERSON COUNTY POST OFFICE BOX 4025 BEAUMONT, TEXAS 77700 DATE: BUSINESS: FAR EAST RESTAURANT An investigation was made of Minh Tan Duong, residential address of 2345 -4m Avenue, Port Arthur, Texas, applying for a Wine and Beer Retailer's Permit and Food and Beverage Certificate, business location of 2523 Jefferson Drive, Port Arthur, Texas. From the investigation, the following answers to questions of importance in judging the granting of this license or permit are herewith made: Is there any indication that the applicant will not conduct ~e business in accordance with the law and thereby jeopardize the peace, morals, health, or safety of the general public? No. Does the criminal files 6f youfi:l~par~nent cOn'tain any information relative to the applicant? No. To your tmowledge, has the applicant and/or the premises been free of any violation of'he laws of the Liquor Control Board, or any arrests? Yes. Do you believe the premises has been used or frequented in any manner for purpose that is lewd, immoral or offensive to public decency? No. In your opinion, does the premises have adequate lighting? Yes. To your knowledge, has the premises been free of use by persons under 21 years of age? N/A Does your agency object to the issuance of the license or permit? No. 8. Do you know of any other objection? No. ,9. Yes. Raymond C ark, Deputy ie, Port Arthur Police Department 10. Does the building contain sanitary rest rooms as well as other such health facilities as required by law? DATE: ~ Port Arthur Environmental Health Department CITY of PORT ARTHUR OSCAR C~ ORTIZ, MAYOR FELIXA. BANKER, MAYOR PRO-TEM COUNCIL MEMBERS: CP~AIG HANNAH RONNIE LINDEN RO~E MITCHELL CHAISSON ROBERT E. ALLEN THOMAS J. HENDERSON EOB BOWERS TOM GILLAM, III STEPHEN FITZGIEBONS, CITY MANAGER POLICE DEPARTMENT August 1, 2002 JOHN L. TYLER CHIEF OF POLICE To Whom It May Concern: In compliance with Chapter 6, Section 6 o£the City of Port Arthur Code of Ordinances, we have made a thorough investigation of Mirth Tan Duong, residential address of 2345 - 4th Avenue, Port Arthur, Texas. Applying for Wine and Beer Retailer's Pernfit and Food and Beverage Certificate, we have no objection to this license. The trade name of the business is Far East Restaurant, location of 2523 Jefferson Drive, Port Arthur, Texas, has been inspected and it was found to meet all the requirements of this department. John L. Tyler Chief of Police Deputy Chief of Police REC/im Texas Alcoholic Beverage Commission Judge Carl Griffith Evangeline Green, City Secretary 645 4th STREET R0. BOX 1089 PORT ARTHUR, TEX~$ 77641-1089 AREA CODE 409-9811-8600 · FAX # 9811-8662 CITY of PORT ARTHUR OSCAR G. ORT[Z, MAYOR FELIXA. BARKER, MAYOR PRO-TEM COUNCIL MEMBERS: CRAIG HANNAH RONNIE LINDEN ROSE MITCHELL CHAISSON ROBERT E. ALLEN THOMAS J. HENDERSON BOB BOWERS STEPHEN FITZGIBBONS, CITY MANAGER POLICE DEPARTMENT August 1, 2002 JOHN L. TYLER CHIEF OF POLICE To Whom It May Concern: In compliance with Chapter 6, Section 6 of the City of Port Arthur Code of Ordinances, we have made a thorough investigation of Mirth Tan Duong, residential address of 2345 - 4th Avenue, Port Arthur, Texas. Applying for Wine and Beer Retailer's Permit and Food and Beverage Certificate, we have no objection to this license. The trade name of the business is Far East Restaurant, location of 2523 Jefferson Drive, Port Arthur, Texas, has been inspected and it was found to meet all the requirements of this department. John L. Tyler Chief of Police Ray~mond E. C Deputy Chief o f Police REC/im C~ Texas Alcoholic Beverage Commission Judge Carl Griffith Evangeline Green, City Secretary 645 4th STREET P.O. BOX '1089 PORT ARTHUR, TEXAS 7764'1-1089 AREA CODE 409-983-8600 · FAX # 983-8662 EXHIBIT "B" DECEMBER 19, 2002 MINH TAN ~ DOUNG DBA-FAR EAST RESTAURANT 2523 JEFFERSON DR. PORT ARTHUR, TX 77642 RECEIVED JAN 2 8 2003 LEGAL DEPARTMENT TO WHOM THIS MAY CONCERN, I AM REQUESTING THAT I BE ALLOWED TO SELL BEER & WINE AT MY ESTABLISHMENT. I WILL ONLY SERVE BEER OR WINE WITH FOOD. I REALIZE THAT I AM WITHIN THREE HUNDRED (300) FEET OF SCHOOL PROPERTY, HOWEVER MY BUSINESS IS MY ONLY INCOME AND I KNOW THAT BEING ABLE TO SERVE BEER OR WINE WILL HELP MY INCOME AND WILL ALSO PRODUCE MORE SALES TAX REVENUE FOR THE CITY OF PORT ARTHUR. I AM REQUESTING THAT YOU WOULD AGREE TO WRITE ME A LETTER OF VARIANCE SO THAT I MAY BE ABLE TO GET MY WINE & BEER LICENSE. SINCERELY,