Ord 1438 7/16/1947 ORDINANCE iv0, I '-1T
REGULATORY ORDINAiuCE
AN ORDINANCE OF THE CITY OF WICHITA FALLS TEXAS, MAKING IT UNLAWFUL
FOR ANY PERSON ENGAGED IN THE BUSINESS OF SELLING BEER, OR ANY KIND
OF ALCOHOLIC BEVERAGE, AT RETAIL, TO SELL SEA
RVE EMPLOY AiVY PERSON, EITHER DIRECTLY OR INDIRECTLY, OTODSEF,L,xSERVEIOR
DELIVER ANY BEER, Ott ALCOHOLIC BEVERAGE, TO AIvY P;�R60N I- AN AUTO_
n'11OBIL , OR OTHER VEHICLE, FOR COiVSUMPTION IIN SAID AUTOMOBILE, , OR
OTHER VEHICLE, WHILE LOCA'1ED WITHIN ONE HUNDRED
BUILDING urHERE SOLD; PROHIBITING THE ISSUANCE OF'(ANY)LICENS FEET �FTOA vY
PERSON FOR THE SALE OF BEER OR ALCOHOLIC BEVERAGE FOR SUCH PURPOSE,
A DD DECLARING THE SATvt�;, IF USSUED, TO BE NULL AND VOIDPRESC; DEFINING THE
TEHT��iS "BEER,,, "xLC OHOLIC BEVERAGE" "PERSON" . T,
TY; PROVIDING A SAVING CLAUSE; A1dD�DECLARIIVGAN_AMERGENCYBIT�TG A PENAL_
BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF uuICHITA
FALLS, TE:-LAS
SECTION 1 : It shall be unlawful fl 4
tion engaged in the business of sellinor any person, firm or corpora-
beverage, at retail, to sell, serve orLdelever, Orntokensloy an of coherson
either directly or indirectly, to sell, serve or deliver, any beep, so
alcoholic beverage, to any person in an automobile or
'
.for consumption in said automobile or vehicle or other vehicle,
One Hundred ( 100) feet of the building where sold1le located within
SECTION 2 : Neither the City
ecretary nor any officer of the City
Of Wichita Falls shall ever issue any license or permit for the sale of
beer, or any alcoholic beverage, at any ;?lace where the sale of same is
Prohibited by Section 1 of this ordinance, and any license or permit
so issued shall be null and void
SECTION 3 : The term "Beer" means any malt beverage containing one-
-half of one percent or more, of alcohol by volume and not more than
four per cent of alcohol by weight.
SECTION 4: The term "Alcoholic Beverage" means` alcohol, and an
beverage containing more than one-half of one y
volume which is capable of use for bevera e per cent of alcohol by
when diluted. g purposes, either alone or
SECTION 5 : The term "Person" as used in this ordinance shall mean
any natural person
partnership, I association of natural
corporation, organization, club, or Persons trustee,
receiver,
servant, or employee of any of t'iem. � , a;7ent,
SECTION g : Any person violating any section of this Ordinance may
be enjoined in a suit filed by the City of Wichita Falls, or other ro-
per authority, in any court of proper jurisdiction. p
SECTION 7: Any person violating
shall be guilty of a misdemeanor and up nsconvictiontinsaOCourtnof com-
petent jurisdiction, shall be
Control Act; in the event it should 11ee heldd asrthatt ovide such penaltby theyaorLAiquor
ct
does not apply to the Ordinance then such person shall be fined not
less than Twenty-Five (5Q25.00) Dollars, nor more than Two Hundred
($200.00) Dollars, and each and every day of such violation shall
con-
stitute a separate offense. I1
((,tA
1
4 �
SECTION g ; If any section, sub-section, clause, phrase or word
of this Ordinance, ( or as used herein) is for any reason held un-
constitutional, void, or invalid, the validity of the remaining
portions of the Ordinance shall not be effected thereby, it being
the intent of the Board of Aldermen in adopting and approving this
Ordinance that no portion thereof, or provision or regulation con-
tained therein, shall become inoperative or fail by reason of any
unconstitutionality or invalidity of any other section, sub-section,
sentence, clause, phrase, word, portion, provision or regulation of
this Ordinance.
SECTION g ; The fact that many licenses are now being issued for
the sale of beer and alcoholic beverages within the corporate limits
of the City of IVichita Falls, and the further fact that the sale of
beer at retail to persons seated in automobiles, or other vehicles,
for consumption therein while said automobiles , or other vehicles,
are located within One Hundred ( 100) feet of the building where
sold is detrimental to the health, harmony, peace, morals, safety
and welfare of the City of Wichita Falls, and its inhabitants,
creates such an emergency and an imperative public necessity that
the rule requiring the reading of Ordinances on three ( 3) several
days is hereby suspended, and this Ordinance shall take effect from
and after its passage and publication as required by the charter.
1947. PASSED AND APPROVED THIS day of JUKE, A. D.
Mayor
ATTEST:
City Clerk