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Ord 3076 4/5/1976 ORDINANCE NO. 2 ORDINANCE READOPTING ORDINANCE NO. 3068, WHICH PROVIDED FOR A WAIVER OF THE DISTANCE RESTRICTION FROM RESIDENCES FOR RESTAURANTS SELLING ALCOHOLIC BEVERAGES, TO PROVIDE AN EMERGENCY CLAUSE THERETO. WHEREAS, on March 16th, 1976, the Board of Aldermen adopted Ordinance No. 3068 , which provided for a waiver of the distance restriction from residences for restaurants selling alcoholic beverages, which ordinance will not become effective until 30 days after its passage; and, WHEREAS, the Board of Aldermen desire to make this ordinance effective immediately. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Ordinance No. 3047 is hereby amended so that Section 4-19. 1 contained therein shall read as follows: "Sec. 4-19. 1. Sales in restaurants in other locations. The sale for consumption on the premises where sold of vinous and malt liquors and beers, containing not more than 14% of alcohol by volume, is authorized in any restaurant which is located not less than 300 feet of any church, state supported public school, parochial school, public hospital or residence, the measurement to be in a straight line from a main wall of the restaurant to a main wall of the other establishment. Such a restaurant shall not advertise on any sign (except on the menu) the fact that it sells alcoholic beverages. The word 'residence' in this section shall mean any single family residence or duplex residence. However, the requirement that any such restaurant shall be located more than 300 feet of any residence shall not be applicable if all owners of residential property within such 300 foot distance sign a waiver of such requirement. " The fact that one or more restaurants may be forced to go out of business unless this ordinance becomes effective immediately creates an emergency, and this ordinance is -r declared an emergency measure on the grounds of urgent public need for the preservation of the peace, health and safety of property of the City, and it shall become effective immediately upon its passage. PASSED AND APPROVED this the 5th day of April, 1976. i 7,79A M 0 R ATTEST: f L►i_i . .4/, /, City Clerk - 2 - ■