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Ord 3045 1/20/1976 ORDINANCE NO. 3045 ORDINANCE AMENDING SECTION 4-11 OF THE CODE OF ORDINANCES , DEFINING "RESTAURANT" IN REGARD TO THE SALE OF ALCOHOLIC BEVERAGES. BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS, THAT: The paragraph defining "restaurant" in Section 4-11 of the Code of Ordinances is hereby amended to read as follows: "Restaurant shall mean an establishment which is clearly utilized for service of food as its primary function, and where more than 70% of its gross revenue is derived from the sale of food, as opposed to revenue derived from the sale of vinous and malt liquors and beer. The owner or operator of every restaurant located outside of the liquor zone described in Section 4-17 , which sells alcoholic beverages, shall submit to the City Clerk quarterly, on or before the 30th day following the end of each calendar quarter, a sworn statement show- ing the total amount of its gross revenues for the preceding quarter, and the amount of its gross revenues realized from the sale of food during such quarter. In addition, the City Clerk or any person designated by him shall have the right to examine the books and records of any such restaurant. Anyone failing to file such statement, or who files a false statement, shall have his license revoked, and shall be ineligible to apply for a similar license in Wichita Falls for a period of twelve months. The word 'restaurant' shall not include an eating establishment, commonly known as a drive-in in which food and beverages are delivered to the customer outside of the building, or in which food and beverages purchased within the establishment are taken outside for consumption. No consumption of alcoholic beverages which is authorized under this article shall be allowed at any restaurant unless such consumption takes place within the permanent walls covered by the permanent roof of said restaurant. " PASSED AND APPROVED this the 20th day of January, 1976. r 9AYOR79" ATTEST : ■ />/41// ' � V-e°yJ4� ,- - `�,� tz, ITY CLERK I 2 ORDINANCE NO.3045 ORDINANCE AMENDING SEC- TION 4-11 OF THE OF NANCES, DEFININGD'RESTOAURI- Affidavit of Publication ANT" IN REGARD TO THE SALE I OF ALCOHOLIC BEVERAGES. BE IT ORDAINED BY THE OF ALDERMEN OF THE CITY OF THE STATE OF TEXAS WICHITA FALLS,TEXAS,THAT: The paragraph defining"restaurant" COUNTY OF WICHITA In Section 4-11 of the Code of Ordi- vp nances is hereby amended to read as • follows: "Restaurant shall mean an estab- 3 March lishment which is clearly utilized for On this . day of service of food as its primary func- tion,and where more than 70+of Its 1976 gross revenue is derived from the sale A.D. ....... personally appeared before me, the undersigned authority of food,as opposed to revenue derived from the sale of vinous and malt li- quors and beer.The owner or operator Joy Davis , bookkeeper of every restaurant located outside of the liquor zone described in Section 4-17,which sells ll alcoholic Colic beverages,ages, for the Times Publishing Company of Wichita Falls, publishers of the terly,on or before the 30th day follow- ing the end of each calendar quarter,a Wichita Falls Record News, a newspaper published at Wichita Falls in sworn statement showing the total amount of its gross revenues for the Wichita County, Texas, and being duly sworn by me, on oath states preceding quarter,and the amount of y. upon g y y Its gross revenues realized from the sale of food during such quarter. In that the attached.advertisement is a true and correct copy of advertising addition,the City Clerk or any person designated by him shall have the right to examine the books and records of published in One (1) issues thereof on the following arty such restaurant.Anyone failing to file such statement, or who files a dates: false statement,shall have hislicense revoked, and shall be ineligible to February 25, 976 apply for a similar license in Wichita • Falls for a period of twelve months. The word 'restaurant' shalt not in- clude an eating establishment,com- monly known as a drive-in in which • food and beverages are delivered to Bookkeeper f Tides Publishing Company the customer outside of the building, or in which food and beverages of Wichita Falls purchased within the establishment are taken outside for consumption.No consumption of alcoholic beverages Subscribed and sworn to before me this the day and year first above which is authorized under this article shall be allowed at any restaurant un- written. less such consumption takes place within the permanent walls covered by the permanent roof of said re- staurant." PASSED AND APPROVED this the 1412 , ?"i3` r°3P 20th day of January,1976. /s/J.C.Boyd,Jr. i & for W!Ci3.ta Cc'1iittly9 MAYOR ATTEST: /s/Wilma J.Thomas Deputy CITY CLERK