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Ord 014-91 2/19/1991 Ordinance No. 14-91 AN ORDINANCE WAIVING THE THREE HUNDRED FEET SEPARATION REQUIREMENT FROM A SCHOOL, FOR AN ALCOHOLIC BEVERAGE PERMIT FOR ON PREMISE CONSUMPTION AT 3612 KEMP BOULEVARD, WICHITA FALLS, TEXAS WHEREAS, an establishment serving alcoholic beverages must be at least 300 feet from the property line of a school; and, WHEREAS, Section 109. 33 (e) of the Texas Alcoholic Beverage Code grants the governing body of cities the authority to waive this requirement under certain circumstances; and, WHEREAS, only a small portion of the Barwise Junior High School property lies within 300 feet of the restaurant at 3612 Kemp Blvd; and, WHEREAS, such portion of the school premises is not in an area where students congregate, and therefore is not detrimental to the health, safety, and welfare of the public. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. Section 5430 of the Zoning Ordinance, which prohibits the sale of alcoholic beverages within 300 feet of a school is hereby waived for the restaurant at 3612 Kemp Boulevard, Wichita Falls, Texas. SECTION 2 . This waiver does not waive the requirement for obtain- ing a Conditional Use Permit as required by the Zoning Ordinance. PASSED AND APPROVED THIS THE 19 .ay of Febru. ° `1. ‘,/r M A Y O ATTEST: CITY CLERK U" Ad 405904 - Affidavit of Publication THE STATE OF TEXAS COUNTY OF WICHITA ORDINANCE NO.14-91 (F AN ORDINANCE WAIVING 1ere) THREE FEET SEPAR-THE March day of ATION REQUIREMENT FROM A SCHOOL, FOR AN ALCOHOLIC On this 6th BEVERAGE PERMIT FOR ON PREMISE CONSUMPTION AT 1991 3612 KEMP BOULEVARD, WICHITA FALLS,TEXAS. A.D. personally app eared before me, the undersigned authority . Darice Ming bookkeeper for the Times Publishing Company of Wichita Falls, publishers of the Wichita Falls Times/Record News, a newspaper published at Wichita Falls in Wichita County, Texas, and upon being duly sworn by me, on oath states that the attached advertisement is a true and correct copy of advertising published in one (1) issues thereof on the following dates: March 4, 199.1 • d Bookkeeper for Times Publishing Company z/— of Wichita Falls (SEAL) Subscribed and sworn to before me this the day and year first above written.