Ord 2491 3/4/1969 t.
ORDINANCE NO. o?�9/
AN ORDINANCE REGULATING THE SALE OF ALCOHOLIC
BEVERAGES WITHIN THE CITY OF WICHITA FALLS ;
PROHIBITING THE SALE OF SUCH BEVERAGES IN
CERTAIN AREAS ; CLASSIFYING AREAS WITHIN WHICH
ALCOHOLIC BEVERAGES MAY BE SOLD; CLASSIFYING
TYPES OF RETAIL DEALERS WHO SELL ALCOHOLIC
BEVERAGES ; PROVIDING FOR NON-CONFORMING USES;
PROHIBITING DANCING WHERE INTOXICATING BEVERAGES
ARE SOLD; PROVIDING THAT PERSONS VIOLATING THIS
ORDINANCE MAY BE ENJOINED; PROVIDING A PENALTY;
EXEMPTING WHOLESALE DEALERS.
WHEREAS, it is found and determined by the Board of Aldermen
to be necessary to regulate the sale of alcoholic beverages within
the City of Wichita Falls in order to protect the public health,
safety, morals and general welfare of the citizens, which the Board
of Aldermen has authority to do by virtue of its police power as a
home rule City under the Constitution of the State of Texas ; and,
WHEREAS, it is found and determined by the Board of Aldermen
to be necessary to make classifications of retail dealers of alcoholic
beverages and classifications of locations and areas within the City
in order to effectively regulate the sale of such alcoholic beverages,
and the Board of Aldermen finds that the classifications so made in
this ordinance are reasonably related to the public health, safety,
morals and general welfare of the citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF
THE CITY OF WICHITA FALLS , TEXAS , THAT:
SECTION 1. No distilled, vinous or malt liquors or beer
shall be sold within the corporate limits of the City of Wichita Falls,
Texas, and no license or permit shall be issued for the sale of same,
except in the areas in which sales are authorized by this ordinance.
SECTION 2 . There is hereby established a Liquor Zone,
which will consist of the area within the following described bound-
aries:
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a Beginning at a point one hundred and fifty (150) feet North
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of Sixth Street and one hundred and fifty (150) feet West of
Scott Avenue; thence West to a point one hundred and fifty (150)
feet West of Travis Street; thence South to Eleventh Street;
thence East to Travis Street; thence South to Thirteenth Street,
thence East one hundred and fifty (150) feet; thence South to
point of intersection of Mill Street and Dallas Street and East
on Dallas Street to a point one hundred and fifty (150) feet
West of Virginia Street; thence South to Fort Worth Street and
East on Fort Worth Street to a point one hundred and fifty (150)
feet East of Virginia Street; thence South to Waco Street; thence
East to Kentucky Avenue and South on Kentucky Avenue one hundred
and fifty (150) feet South of Waco Street; thence East to
California Street and South on California Street to Galveston
Street and East on Galveston Street to Colorado Street; thence
North on Colorado Street to a point one hundred and fifty (150)
feet South of Fort Worth Street; thence West to California
Street; thence North to Fort Worth Street and thence West on
Fort Worth Street to a point one hundred and fifty (150) feet
East on Kentucky Avenue; thence North one hundred and fifty (150)
feet; thence West to Kentucky Avenue, North on Kentucky Avenue
to Dallas Street; thence West on Dallas Street to a point one
hundred and fifty (150) feet West of Kentucky Avenue; thence
North to Jalonic Street; thence West on Jalonic to a point one
hundred and fifty (150) feet East of Highway 287; thence North
to the right-of-way of the Fort Worth and Denver City Railroad;
thence North along said right-of-way to a point one hundred and
fifty (150) feet South of Seventh Street; thence East to
Seymour Street; thence on Seymour Street to a point one hundred
and fifty (150) feet North of Seventh Street; thence West to
Michigan Avenue, then North on Michigan Avenue to Wichita Street,
then East on Wichita Street to a point one hundred and fifty (150)
feet East of Burkburnett Street; thence North to a point one
hundred and fifty (150) feet North of Lincoln Street; thence West
to the right-of-way of the Missouri-Kansas & Texas Railroad;
thence North along said right-of-way to Jefferson Street; thence
West on Jefferson Street to a point one hundred and fifty (150)
feet East of U. S . Highway 287 ; thence along the line one hundred
and fifty (150) feet North of the right-of-way of U. S . Highway
287 to a point three hundred (300) feet West of Sheppard Field
Access Road; thence South to the right-of-way of the Fort Worth
& Denver City Railroad; thence East to a point one hundred and
fifty (150) feet West of the right-of-way of the U. S . Highway
287 ; thence South one hundred and fifty (150) feet West of Scott
Avenue to a point one hundred and fifty (150) feet North of Sixth
Street to the place of beginning.
(b) Beginning at the center of the intersection of Smith and Flood
Streets; thence South on the center of Smith Street to the center
of the alley between Flood and Bonner Streets; thence East on the
center of said alley to the center of Homes Street; thence North
on the center of Homes Street to the center of the alley between
Flood and Tulsa Streets; thence West on the center of said alley
to the center of Smith Street; thence South on the center of
Smith Street to the place of beginning (thus including the North
one-half (1/2) of block No. 1 and the South one-half (1/2) of
block No. 2 , Homewood Addition to the City of Wichita Falls) ; and
further providing that all establishments in said North one-half
(1/2) of block 1 and South one-half (1/2) of block 2, Homewood
Addition, in which spirits, vinous or malt liquors or beer are
sold shall front on Flood Street and all entrances to such
establishments used by the public shall open on Flood Street.
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(c) BEGINNING at a point in the zone limit line described in (a)
above, said point being in the West right-of-way line of a
street dedicated in the City of Wichita Falls, as recorded
in Volume 479, Page 350 of the Wichita County Deed Records,
and being one hundred and fifty (150) feet Northerly from
the North right-of-way line of U. S. Highway 287;
THENCE, North one hundred (100) feet;
THENCE West two hundred and five (205) feet;
THENCE, South to a point in the zone limit line described in
(a) above, said point being one hundred and fifty (150)
feet northerly from the North right-of-way line of said U. S.
Highway 287 measured on a radial line thereto;
THENCE Easterly along the zone limit line described in (a)
above, parallel to and 150 feet from the North right-of-way
line of said Highway 287 to the place of beginning.
(d) BEGINNING at a point in the North right-of-way line of
Arlington Street (Park Place Addition) said point being two
hundred feet (200) East of the West right-of-way line of
Sheridan Road;
THENCE North two hundred (200) feet to a point for corner;
THENCE West two hundred (200) feet to a point for corner;
THENCE South two hundred (200) feet to a point in the North
right-of-way line of Arlington Street;
THENCE in an Easterly direction along said right-of-way line
approximately two hundred (200) feet to the place of beginning.
SECTION 3. The sale of all alcoholic beverages (distilled
liquors, vinous liquors, malt liquors and beer) , which may legally
be sold under the laws of the State of Texas, is hereby authorized
within the Liquor Zone described in Section 2 ; such sales may be
for on-premises or off-premises consumption.
SECTION 4. The sale of distilled liquors, vinous liquors,
malt liquors and beer, in unbroken original containers, to consumers
for off-premise consumption is authorized at any location abutting on
any of the following streets which are presently designated as State
Highways, and such sales shall be made from a building of which one
main wall is located no more than 200 feet from the right-of-way
line of such street, to-wit:
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HIGHWAY FROM TO
FM 369 All of 369 within the city limits
(Southwest Parkway)
FM 2380 FM 369 to south city limits
(Old Lake Road)
SH 79 FM 369 to southwest city limits
(Archer City Highway)
SH 79- US 281 Business Scott to south city limits
(Old Jacksboro Highway)
US 82-277 Holliday to west city limits
(Seymour Highway)
FM 367 Seymour Highway to west city limits
(Valley View Road)
US 287 Business - Spur 370 Red River Valley Expressway to west
(Old Iowa Park Highway) city limits
Spur 325 Red River Valley Expressway to Burk
Highway
FM 890 Spur 325 to east city limits
(Airport Drive)
SH 240 E. Scott to north city limits
(Eastside Drive)
FM 171 Scott to northeast city limits
(Lincoln Street, Jeffer-
son Street and Charlie
Road)
US 287 Business - Spur 370 Red River Valley Expressway to east
(N. Scott, Scott and city limits
E. Scott)
SH 79 E. Scott to city limits
(Petrolia Road)
US 82-281-287 8th Street to 16th Street
(Broad and Holliday
Streets)
US 277-281-287-82 All within city limits
Expressways
Spur 231 18th and Austin to E. Scott
(Austin and Kell Blvd.)
US 82 Business Broad to Scott
(Sixth Street)
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(These streets are marked on a map which is on file in the Office
of the City Clerk) . If such a retail dealer is located in a
shopping center which abuts on one of said streets, such sales
shall be allowed in a building that is located more than 200 feet
from such right-of-way line.
SECTION 5. The sale for consumption on the premises
where sold of vinous and malt liquors and beer, containing not more
than 14% of alcohol by volume, is authorized in any restaurant at
a location abutting on any of the streets named in Section 4 above,
and of which one main wall is located no more than 200 feet from the
right-of-way line of such street. If a restaurant is located
within a shopping center which abuts on one of the streets named in
Section 4 above, such sales shall be allowed in the restaurant even
though it is located more than 200 feet from such right-of-way line.
SECTION 6. Before the City Clerk shall sign any certifi-
cate for an applicant for a permit or license under the Texas Liquor
Control Act, such certificate shall be submitted to the Planning
Department to assure that the application complies with this
ordinance.
SECTION 7 . This ordinance shall not apply to liquor whole-
salers with the following types of license: General Distributors
License, Local Distributors License, Branch Distributors License or
Wholesalers Permit, as the same are defined by the Texas Liquor Control
Act.
SECTION 8. In recognition of the principal of continuance
of non-conforming use, w1-nn an area is annexed to the City limits of
the City of Wichita Falls that contains businesses which have been
operating in said area for a period of no less than twelve (12) months
under a package store permit, a wine and beer dealers permit, a retail
dealers on-premise license, or a retail dealers off-premise license as
defined by the Texas Liquor Control Act, those businesses which have
existed for such period of time shall be allowed to continue in the same
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location for a period of two years after such annexation, and not there-
after, unless they qualify under Section 4 or Section 5. During such two
year period, the owner of any such business shall have the right to
transfer said permit or license. When the words "city limits" are
used in Section 4, they shall mean the city limits as extended by any
ordinance hereafter adopted.
SECTION 9. After this ordinance becomes effective, any
business in which alcoholic beverages were legally sold theretofore,
but which is in violation of this ordinance, shall be allowed to
continue at the same location for a period of five years after such
effective date, but not thereafter; the owner of any such business
shall have the right to transfer said permit or license.
SECTION 10. The following words when used in this
ordinance shall be defined as follows :
"Restaurant" shall mean an establishment which is clearly
utilized for service of food as its primary function, and where more
than seventy percent 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. Every restaurant located outside of the Liquor
Zone described in Section 2 , which sells alcoholic beverages, shall
submit to the City Clerk on or before March 1st of each year a sworn
statement showing the total amount of its gross revenues for the
preceding calendar year, and the amount of its gross revenues realized
from the sale of food. 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. 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 ordinance shall be allowed at any
restaurant unless such consumption takes place within the permanent
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walls covered by the permanent roof of said restaurant.
"Shopping Center" shall mean a group of commercial
establishments planned, developed, owned and managed as a unit with
off-street parking provided on the property and related in location,
size and type of shops to the area which it serves .
SECTION 11. The sale of alcoholic beverages within the
City by any dealer with a place of business of such dealer within 300
feet of any church, state supported public school, parochial school 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 where they occur, is hereby prohibited.
SECTION 12 . It shall be unlawful to dance in any premises
where alcoholic beverages are sold.
SECTION 13. A dealer selling alcoholic beverages shall use
no signs advertising the existence of such business other than those
authorized by the Texas Liquor Control Act and the City Building Code.
SECTION 14. Any person violating any of the provisions of
this ordinance may be enjoined in a suit filed by the City, or other
proper authority or interested person, in any court of competent
jurisdiction.
SECTION 15. Any person violating this ordinance shall be
guilty of a misdemeanor and upon conviction shall be punished as
provided by the Texas Liquor Control Act; in the event it should be
held that such penalty does not apply to this ordinance, then such
persons shall be fined not less than One Hundred Dollars nor more
than Two Hundred Dollars, and each day of such violation shall
constitute a separate offense.
SECTION 16. If any section, clause, paragraph or provision
of this ordinance shall be held unconstitutional or void, then the
invalidity of such section, clause, paragraph or provision shall not
affect the other provisions of this ordinance, and same shall remain in
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full force and effect.
SECTION 17 . Sections 4-2 , 4-5, 4-6 and 4-9: are hereby repealed.
SECTION 18. The provisions of this ordinance shall be
included and incorporated in the Code of Ordinances of the City of
Wichita Falls as an addition or amendment thereto, and shall be
appropriately renumbered to conform to the uniform numbering system of
the Code.
PASSED AND APPROVED THIS THE 4TH DAY OF MARCH, 1969.
MAYOR .
A Y O R
ATTEST:
r yam'
CITY CLERK