Ord 1740 11/14/1955jl-
r-°
ORDINANCE NO.
AN ORDINANCE PROHIBITING THE DELIVERY OF SPIRITOUS
VINOUS, OR MALT LIQUORS, EITHER ON FOOT OR BY ANY
KNOWN METHOD OF CONVEYANCES WITHIN THE CORPORATE
LIMITS OF THE CITY OF WICHITA FALLS, WICHITA COUNTY,
TEXAS, BY ANY PERSON, FIRM OR CORPORATION, WHETHER SUCH
PERSON, FIRM OR CORPORATION HAS A LOCAL CARTAGE PERMIT
OR NOT, IN ANY AREA WITHIN THE BOUNDARIES OF THE SAID
CORPORATE LIMITS OF THE SAID CITY OF WICHITA FALLS,
TEXAS, SAVE AND.EXCEPT THAT AREA DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT 150 ft. NORTH OF SIXTH STREET
AND 150 FEET WEST OF SCOTT AVENUE; THENCE WEST TO A
POINT 150 FEET WEST OF TRAVIS; THENCE SOUTH TO ELEVENTH
STREET; THENCE EAST TO TRAVIS STREET; THENCE SOUTH TO
THIRTEENTH STREET; THENCE EAST 150 FEET; THENCE SOUTH -
TO POINT OF INTERSECTION OF MILL STREET AND DALLAS STREET,
AND EAST ON DALLAS STREET TO A POINT 150 FEET WEST OF
VIRGINIA STREET; THENCE SOUTH TO FCRT WORTH STREET AND
EAST ON FORT WORTH STREET TO A POINT 150 FEET EAST OF
VIRGINIA STREET: THENCE SOUTH TO WACO STREET; THENCE
EAST TO KENTUCKY AVENUE AND SOUTH ON KENTUCKY AVENUE,
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 150 FEET SOUTH OF
FORT WORTH STREET; THENCE WEST TO CALIFORNIA STREET;
THENCE NORTH TO FCRT WORTH STREET AND THENCE WEST ON
FORT WORTH STREET TO A POINT 150 FEET EAST OF KENTUCKY
AVENUE; THENCE NCR TH 150 FEET: THENCE WEST TO KENTUCKY
AVENUE: NORTH ON KENTUCKY AVENUE TO DALLAS STREET;THENCE
WEST ON DALLAS STREET TO A POINT 150 FEET WEST OF KENTUCKY
.AVENUE: THENCE NORTH TO JALONIC STREET; THENCE ICIEST ON
JALONIC TO A POINT 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
150 FEET SOUTH OFSEVENTH STREET; THENCE EAST TO SEYMOUR
STREET: THENCE ON SEYMOUR STREET TO A POINT 150 FEET NORTH
OF SEVENTH STREET; THENCE WEST TO MICHIGAN AVENUE; THENCE
NORTH ON MICHIGAN AVENUE TO WICHITA STREET; THENCE EAST
ON WICHITA STREET TO A POINT 150 FEET EAST OF BURKBURNETT
STREET; THENCE NORTH TO A POINT 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 150 FEET EAST OF U. S. HIGHWAY 287; THENCE
ALONG THE LINE 150 FEET NORTH OF THE RIGHT OF WAY OF U.S.
HIGHWAY 287 TO A POINT 300 FEET WEST OF SEEPPARD FIELD
ACCESS ROAD ; THENCE SOUTH TO THE RIGHT OF WAY OF THE
FORT WORTH & DENVER CITY RAILROAD: THENCE EAST TO A
POINT 150 FEET WEST OF THE RIGHT OF WAY TO THE U.S.
HIGHWAY 287; THENCE SOUTH 150 AFT WEST OF SCOTT AVENUE
TO A POINT 150 FEET NORTH OF SIXTH STREET, THE PLACE OF
BEGINNING;
PROVIDING A PENALTY THEREFOR; PROVIDING THAT SUCH VIO-
LATION OF THIS ORDINANCE MAY BE ENJOINED IN ANY COURT
OF COMPETENT JURISDICTION; PROVIDING THAT THIS ORDINANCE
SHALL NOT APPLY TO WHOLESALE DEALERS WHO SHALL SELL AT
WHOLESALE TO RETAIL DEALERS ONLY AND TO NO OTHER PERSONS,
FIRM OR CORPORATION, OR TO ANY AREA WHERE A PACKAGE STCRE
PERMIT WAS HELD AT THE SAME LOCATION, ON JANUARY 1, A.D.
1551; PROVIDING A SEVERABILITY CLAUSE, AND DECLARING AN
EMERGENCY.
WHEREAS, the City of Wichita Falls,
1416, as amended by Ordinance-No. 1579,
hibited the sale of spiritous, vinous o
within the corporate limits of the City
Texas, save and except within that area
in this ordinance; AND
by Ordinance No.
has heretofore pro -
r malt liquors,
of Wichita Falls,
further described
WHEREAS, the Texas Liquor Control Act provides for
Local Cartage Permits intended to permit the licensee to
transport intoxicating beverages from the wholesaler to
the retailerts establishment and from one retail establish-
ment to another; and
WHEREAS, such Act has been construed by the Texas
Liquor'Control Board to permit the delivery of intoxicat-
ing beverages in an area where the sale is now prohibited
by the holders of off-premises permits; and
WHEREAS, the law is silent with reference to the
delivery of telephone orders or delivery of other sales
made by permit holders to persons who reside or are lo-
cated in an area restricted against the sale of any
spiritous, vinous or malt liquors; and,
WHEREAS, enforcement officers for the Texas Liquor
Control Board permit the delivery, after hours, of spirit-
ous, vinous or malt liquors to persons who desire to pur-
chase the same, provided such beverages are ordered dur -.
ingthe legal hours; and,
WHEREAS, the Texas Liquor Control Act grants to
municipal corporations the right and authority to zone
any area against the sale of intoxicating beverages, or
against the location of any pa4kage store, or retail
permit holder; and
IMEREAS, the promiscous sale on telephone orders and
deliveries of spiritous, vinous or malt liquors, any where
within the corporate limits, is conducive to the violation
of the Texas Liquor Control, Act in its provisions as to
hours of sale;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDER -
MEN OF THE CITY OF WICHITA FALLS, TEXAS:
SECTION 1. That no spiritous, vinous, or malt liquors
shall be delivered by any person, firm or corporation hold-
ing any class or character of license or permit under the
Texas Liquor Control Act, whether such person is on loot
or uses any known method of conveyance, within the corpo-
rate limits of the City of Wichita Falls, Wichita County,
Texas, regardless of whether such spiritous, vinous or
malt liquors had theretofore been purchased or contracted
to be purchased by the ultimate receiver thereof from the
person, fire or corporation making the delivery of the
same, nor shall any license or permit be issued for the
delivery of the same either by the State of Texas, County
of Wichita, or City of Wichita Falls, except within the
following described area, and within the boundaries herein
set out, to -wit:
BEGINNING at a point 150 feet Norte4 of Sixth Street
and 150 feet West of Scott Avenue; thence West to a point
150 feet blest of Travis; thence South to Eleventh Street;
thence East to Travis Street; thence $out)& to Thirteenth
Street; thence East-150 feet; Thence Sout,. to point of
intersection of Mill Street and Dallas Street, and East
on Dallas Street to a point 150 feet West of Virginia
Street; thence South to Fort Worth Street and East on
Fort Worth Street to a point 150 feet East of Virginia
Street,-.
thence South to Waco Street; Thence East to
Kentucky Avenue and South on Kentucky Avenue, 150 feat
South of Waco Street; thence East to California Street
and South on California Street to Galveston Street aMd
East on Galveston Street to Colorado Street; thence
North on Colorado Street to a point'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 150 feet east of Kentucky
Avenue; thence North 150 feet; thence West to Kentucky
Avenue; North on Kentucky Avenue to Dallas Street;thonce
West on Dallas Street to a point 150 feet west of Kentucky
Avenue; thence north to Jalonic Street; hence West on
Jalonic to a point 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 150 feet south of Seventh Street; thence east to
Seymour Street; thence on Seymour Street to a point 150
feet North of Seventh Street; thence. West to Michigan
Avenue; thence North on Michigan Avenue to Wichita
Street; thence East on Wichita Street to a point 150
feet Gast of Burkburnett Street; thence North to a point
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 Weston Jefferson Street to a point 150 feet East
of U.S. Highway 287; thence along the line 150 feet North
of the right of way of U.S. Highway 287 to a point 3P0
feet West of Sheppard Field Access Road; thence South
to the right of way of the Fort Worth 8 Denver City
Railroad; thence East to a point 150 feet West of the
right of way to the U.S. Highway 287; thence South
150 feet west of Scott Avenue to a point 150 feet North
of Sixth Street, the place of beginning.
t,� 2. That any person, firm or corporation
violating .this ordinance may be enjoined in a suit filed by
the City of Wichita Falls, or other proper authority or in-
terested person in any court of competent jurisdiction.
SECTION 3. Any person, firm or corporation violating
this ordinance shall be guilty of a misdemeanor and upon con-
viction shall be punished by fine of not more than two hun-
dred (1200) dollars, and each and every delivery shell con-
stitute a separate offense.
SECTION 4. That this ordinance shall not apply to
wholesale dealers who shall sell at wholesale to retail
dealers only and to no other person, firm or corporation; that.
this ordinance shall not apply to deliveries on the pr.emis-es
of any retail dealer who was in business as a package store
at the same location on January 1, A.D. 1951a and who
held a legal package stone permit and,/or retail, dealer's
or wholesale, license on January 1, A.D. 1951.
SECTION 5. If any section, clause, paragraph, or
provision of this ordinance shall be held uncons ita-
ti;onal or void, then the invalidity of such section,
clause;, phrase or provision shall not affect the other
provisions of this ordinance and they shall remain in
full force and effect
SECTION 6. The fact that intoxicating liquors are
being delivered indiscriminately In all sections of
the corporate limits of the Cite of Wichita Falls, and
that for the protection of the public welfare, health,
peace and safety of the community, there is thereby
created an emergency
IT IS FURTHER ORDAINED, by the-Board of Aldermen of
the City of Wichita Falls, Texas, that this ordinance
is hereby declared to be an emergency measure and that
the facts require that the same be declared an emergency
measure and that it shall be in full force and effect'
from and after its passage and approval, after it has
been published one time in the official newspaper of
the City of Wichita Falls, Texas.
PASSED AND APPROVED this,, day of November,
A. D. 1955.
Mayor
AT E
City Clerk,