Ord 55-2010 9/21/2010 ORDINANCE NO. 55-2010
Ordinance Granting A Variance From Section 5430.B. Of The Wichita
Falls Code Of Ordinances, Which Prohibits Alcohol Sales Within 300
feet Of A School, To The Property At 3139 5 th Street, Which Is Owned
By Mike Toliver D/B/A MT's Barbecue Restaurant.
WHEREAS, Section 5430.B. of the Wichita Code of Ordinances provides as
follows:
5430. B. The sale of alcoholic beverages within the city by any dealer whose place of business is
within 300 feet of a public or private school is hereby prohibited. The measurements of the
distance between the place of business where alcoholic beverages are sold and the public or private
school shall be in a direct line from the property line of the public or private school to the property
line of the place of business, and in direct line across intersections. If the place of business where
alcoholic beverages are sold is located on or above the fifth floor of a multistory building, the
method of ineasurement shall be in a direct line from the property line of a public or private school
to the property line of the place of business, in a direct line across intersections, and vertically up
the building at the property line to the base of the floor on which the permit or license holder is
located. This section shall not apply to temporary sales authorized under section 5420, subsection
5.
WHEREAS, Mike Toliver is the owner of MT's Barbecue Restaurant at 3139 5tn
Street which is within 300 feet of a pubic school (Harrell Accelerated Learning Center);
therefore, he is requesting a variance from the Section 5430.B. prohibition of the sale of
alcoholic beverages; and
WHEREAS, the City Council, upon review, finds that strict enforcement of Section
5430.B. 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.B. of the Wichita Falls Code of Ordinances, which
prohibits alcohol sales within 300 feet of a school, is granted to the property at 3139 5tn
Street.
PASSED AND APPROVED this the 21 day of September, 2010.
MAYOR
ATTEST:
'ty Clerk