Ord 63-2022 Granting Variance for Alcohol Sales 807 Austin - not approved 12/20/2022 Ordinance No. 63-2022
Ordinance granting a variance from Section 5430.A. of the Wichita
Falls Code of Ordinances, which prohibits alcohol sales within 300
feet of a church, to the property at 807 Austin described as Lot 11-A,
Block 172, Original Townsite, which is owned by Onelife Community
Church
WHEREAS, Section 5430.A. of the Wichita Falls Code of Ordinances provides as
follows:
5400. - ALCOHOLIC BEVERAGE SALES AND SERVICE
5430. - Sales near churches, hospitals and schools.
A. The sale of alcoholic beverages within the city by any dealer whose place of business
is within 300 feet of a church or public hospital, the measurements to be along the property
lines of the street fronts and from front door to front door, and in a direct line across
intersections, is hereby prohibited.
WHEREAS, Onelife Community Church, the owners of the property located at 807
Austin Street, are requesting to allow for onsite sales of alcohol and are within 300 feet
of Wichita Falls Baptist Church at 800 Travis; therefore, they are requesting a variance
from the Section 5430.A. prohibition of the sale of alcoholic beverages; and,
WHEREAS, the City Council, upon review, finds that strict enforcement of Section
5430.A. of the Zoning Ordinance is not in the best interest of the public, creates an undue
hardship on the applicant, and is not effective or necessary.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
A variance from Section 5430.A. of the Wichita Falls Code of Ordinances, which
prohibits alcohol sales within 300 feet of a church, is granted to the property at 807 Austin
Street with the following limitation:
• Alcohol sales will only be allowed during Wichita Falls Farmer's Market Association
(WFFMA) market days and special events organized by the WFFMA.
• The sales will only take place onsite and not within the public right-of-way.
• Only members of the WFFMA with applicable Texas Alcoholic Beverage
Commission off premise retailer's licenses will be allowed to sell at 807 Austin St.
PASSED AND APPROVED this the 20th day of December, 2022.
MAYOR
ATTEST:
City Clerk