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Ord 1416 10/21/1946 (as amended) ORDINANCE NO, 1416 (As Amended) AN ORDINANCE PROVIDING THAT NO SPIRITUOUS, VINOUS OR MALT LIQUORS SHALL BE SOLD WITHIN THE CORPORATE LIMITS OF THE CITY OF WICHITA FALLS, WICHITA COUNTY, TEXAS, AND THAT NO LICENSE OR PERMIT SHALL BE ISSUED AUTHORIZING THE SALE OF SAME, EITHER BY THE STATE OF TEXAS, COUNTY OF WICHITA OR CITY OF WICHITA FALLS, EXCEPT WITHIN THE FOLLOWING DESCRIBED LIMITS, TO-WIT: "BEGINNING AT A POINT 150 FT. N. OF 6TH ST. AND 150 FT. W. OF SCOTT AVE. ; THENCE W. TO A POINT 150 FT. W. OF TRAVIS; THENCE S. TO ELEVENTH ST. ; THENCE E. TO TRAVIS ST. ; THENCE S, TO THIRTEENTH ST. , THEN E. 150 FT. ; THENCE S. TO POINT OF INTERSECTION OF MILL ST. AND DALLAS ST. AND E. ON DALLAS ST. TO A POINT 150 FT. W. OF VIRGINIA ST. ; THENCE S. TO FORT WORTH ST. AND E. ON FORT WORTH ST. TO A POINT 150 FT. E. OF VIRGINIA ST. ; THENCE S. TO WACO ST. ; THENCE E. TO KENTUCKY AVE. AND S. ON KENTUCKY AVE. , 150 FT, S. OF WACO ST. ; THENCE E. TO CALIFORNIA ST. AND S. ON CALIFORNIA ST. TO GALVESTON ST. AND E. ON GALVESTON ST. TO COLORADO ST. ; THENCE N. ON COLORADO ST. TO A POINT 150 FT, S. OF FORT WORTH ST. ; THENCE W, TO CALIFORNIA ST. ; THENCE N. TO FORT WORTH ST. AND THEN W. ON FORT WORTH ST. TO A POINT 150 FT. E. OF KENTUCKY AVE. ; THENCE N. 150 FT. ; THENCE W. TO KENTUCKY AVE. , N. ON KENTUCKY AVE. TO DALLAS ST. ; THENCE W. ON DALLAS ST. TO A POINT 150 FT. W. OF KENTUCKY AVE. ; THENCE N. TO JALONIC ST. ; THENCE W. ON JALONIC TO A POINT 150 FT. E. OF HIGHWAY 287; THENCE N. TO THE RIGHT-OF-WAY OF THE FORT WORTH AND DENVER CITY RAILROAD; THENCE N. ALONG SAID RIGHT-OF-WAY TO A POINT 150 FT. S. OF SEVENTH ST. ; THENCE E. TO SEYMOUR ST. ; THENCE ON SEYMOUR ST. TO A POINT 150 FT. N. OF SEVENTH ST. ; THENCE W. TO MICHIGAN AVE. , THEN N. ON MICHIGAN AVE. TO WICHITA ST. , THEN E. ON WICHITA ST. TO A POINT 150 FT. E. OF BURKBURNETT ST. ; THENCE N. TO A POINT 150 FT. N. OF LINCOLN ST. ; THENCE W. TO THE RIGHT-OF- WAY OF THE MISSOURI-KANSAS & TEXAS RAILROAD; THENCE N. ALONG SAID RIGHT-OF-WAY TO JEFFERSON ST. ; THENCE W. ON JEFFERSON ST. TO A POINT 150 FT. E. OF U.S. HIGHWAY 287; THENCE ALONG THE LINE 150 FT� N. OF THE RIGHT-OF-WAY OF U.S. HIGHWAY 287 TO A POINT 300 FT. W. OF SHEPPARD FIELD ACCESS ROAD; THENCE S. TO THE RIGHT-OF-WAY OF THE FORT WORTH & DENVER CITY RAILROAD•, THENCE E. TO A POINT 150 FT. W. OF THE RIGHT-OF-WAY OF THE U.S. HIGHWAY 287; THENCE S. 150 FT. W. OF SCOTT AVE. TO A POINT 150 FT. N. OF SIXTH ST. , THE PLACE BEGINNING;" PROVIDING THAT THE PERSON OR PERSONS VIOLATING THIS ORDINANCE MAY BE ENJOINED IN A COURT OF PROPER JURIS- DICTION; PROVIDING A PENALTY; EXEMPTING WHOLESALE DEALERS; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS: SECTION 1. "That no spiritous, vinous, malt liquors or beer shall be sold within the corporate limits of the City of Wichita Falls, Wichita County, Texas, and that no license or permit shall be issued for the sale of same, either by the State of Texas, County of Wichita or City of Wichita Falls, except within the following des- cribed area, and within the boundaries herein set out, to-wit:" (Ord. No. 2124, October 8, 1964) Also, that no spirituous, vinous or malt liquors shall be sold within the corporate limits of the City of Wichita Falls, Wichita County, Texas; and that no license or permit shall be issued for the sale of same, either by the State of 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 ft. N. of Sixth St. and 150 ft. W. of Scott Ave. ; thence W. to a point 150 ft. W. of Travis St. ; thence S. to Eleventh St. ; thence E. to Travis St. ; Thence S. to Thirteenth St. , then E. 150 Ft. ; thence S. to point of intersection of Mill St. and Dallas St. and E. on Dallas St. to a point 150 ft. W. of Virginia St. ; thence S. to Ft. Worth St. and E. on Ft. Worth St. to a point 150 ft. E. of Virginia St. ; thence S. to Waco St. ; thence E. To Kentucky Ave. and S. on Kentucky Ave. 150 ft. S. of Waco St. ; thence E. to Cali- fornia St. and S. on California St. to Galveston St. and E. on Galveston St. to Colorado St. ; thence N. on Colorado St. to a point 150 ft. S. of Ft. Worth St. ; thence W. to California St. ; thence N. to Fort Worth St. and thence W. on Ft. Worth St. to a point 150 ft. E. of Kentucky Ave. ; thence N. 150 ft. ; thence W. to Kentucky Ave. , N. on Kentucky Ave. to Dallas St. ; thence W, on Dallas St. to a point 150 ft. W. of Kentucky Ave. ; thence N. to Jalonic St. ; thence W. on Jalonic to a point 150 ft. E. of Highway 287; thence N. to the right-of-way of the Ft. Worth and Denver City Railroad; thence N. along said right-of-way to a point 150 ft. S. of Seventh St. ; thence E. to Seymour St. ; thence on Seymour St. to a point 150 ft. N. of Seventh St. ; thence W. to Michigan Ave. , then N. on Michigan Ave. to Wichtia St. , then E. on Wichita St. to a point 150 ft. E. of Burkburnett St. ; thence N. to a poiAt 150 ft. N. of Lincoln St. ; thence W. to the right-of-way of the Missouri-Kansas & Texas Railroad; thence N. along said right-of-way to Jefferson St. ; thence W. on Jefferson St. to a point 150 ft. E. of U. S. Highway 287; thence along the line 150 ft. N. of the right-of-way of U. S. Highway 287 to a point 300 ft. W. of Sheppard Field access road; thence S. of the right-of-way of the Ft. Worth & Denver City Railroad; thence E. to a point 150 ft. W. of the right-of- way of the U. S. Highway 287; thence S. 150 ft. W. of Scott Ave. to a point 150 ft. N. of Sixth St. , to the place of begin- ning; and beginning at the center of the intersection of Smith and Flood Streets; thence E. on the center of Flood Street to the center of the intersection of Flood and Homes Street; thence S. on Homes St. to the center of the alley between Flood and Bonner Streets; thence W. on said alley to the center of Smith St. ; thence N. on Smith St. to the place of beginning, (thus including the North one- half (1z) of Block No. One (1) , Homewood Addition to the City of Wichita Falls, Texas) ; and further providing that all establishments in said N. one-half (2) of Block 1, Homewood Addition, in which spirituous, vinous or malt liquors are dispensed or sold, shall front on Flood St. , and all entrances to such establish- ments used by the public,shall open on Flood St." (Ord. No. 1425, Jan. 20, 1947) Also, BEING all that certain tract or parcel of land situated in the City of Wichita Falls, Wichita County, Texas being more particularly described as follows: BEGINNING at a point in the North Right-of-Way Line of Arlington Street (Park Place Addition) said point being 200 ft. East of the West Right-of-Way Line of Sheridan Road; THENCE North 200 ft. to a point for corner; THENCE West 200 ft. to a point for corner; THENCE South 200 ft. to a point in the North Right-of-Way Line of Arlington Street; THENCE in an Easterly direction along said Right-of-Way Line approxi- mately 200 ft. to the place of beginning. Said tract being the site of Weeks Park Club House and containing approximately 1 acre. (Ord. No. 1796, Jan. 27, 1958) Also, BEGINNING at a point in the present Liquor Zone limit line, 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 150 feet Northerly from the North right-of-way line of U. S. Highway 287; THENCE North 100 feet; THENCE West 205 feet; THENCE South to a point in the present Liquor Zone Limit Line, said point being 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 present Liquor Zone Limit Line parallel to and 150 feet from the North right-of-way line of said Highway 287 to the place of beginning (Ord. No. 1907, May, 1960) SECTION 2. Any person violating this Ordinance may be enjoined in a suit filed by the City of Wichita Falls, or other proper authority in a court of proper juris- diction. SECTION 3. Any person, firm or corporation violating this Ordinance shall be guilty of a misdemeanor and upon conviction in a court of competent jurisdiction, 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 person, firm or corporation shall be fined not less than One Hundred Dollars ($100.00) , nor more than Two Hundred ($200.00) Dollars, and each and every day of such violation shall constitute a separate offense. SECTION 4. "In recognition of the principle of continuance of nonconforming use, when an area is annexed to the City limits of the City of Wichita Falls, Texas, that contains businesses which have been operating in said area for a period of no less than twelve months under a Package Store Permit, a Retail Dealer's On-Premises License or a Retail Dealer's Off-Premises 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 building, with the right to transfer said permit or license. Such building shall not be enlarged, extended, reconstructed or structurally altered. If such a business is discontinued, it shall not thereafter be allowed to operate at such location. Ordinance No. 1416, as amended, shall not apply to liquor wholesalers with the following types of licenses: General Distributor's License, Local Distributor's License, Brance Dis- tributor's License or Wholesalers Permits, as the same are defined by the Texas Liquor Control Act." (Ord. No. 2237, May 23, 1966) SECTION 5. If any section, clause, paragraph or provision of this Ordinance shall be held unconstitutional or void, then the invalidity of such section, clause, phrase or provision shall not affect the other provisions of this Ordinance, and same shall remain in full force and effect. SECTION 6. The fact that the sale of intoxicating liquors has been recently author- ized and legalized within the corporate limits of the City of Wichita Falls, Texas, and that the establishment of places of business outside of the district defined in this Ordinance would jeopardize the peace and health of citizens within the residence districts of said city creates an emergency, and this Ordinance is here- by declared an emergency measure on the ground of urgentpublic need for the pre- servation of peace, health and safety of property; and 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 approval, and after same has been published one time in the official newspaper of the City of Wichita Falls, Texas. PASSED AND APPROVED THIS 21st day of October, A.D. 1946. s/ W. B. Hamilton MAYOR ATTEST: s/ Geo T. Henderson CITY CLERK (This is a combining of several ordinances concerning liquor zoning since passage of an original Ordinance No. 1416 passed on th 21st day of October, 1946. Pre- pared for Liquor Zoning Committee August 16, 1966.) ORDINANCE NO. 1695 AN ORDINANCE MAKING IT UNLAWFUL TO POSSESS, TRANSPORT OR CONSUME ANY ALCOHOLIC BEVERAGE AT OR IN THE WICHITA FALLS HIGH SCHOOL STADIUM IN THE CITY OF WICHITA FALLS, TEXAS; PROVIDING FOR THE CONFISCATION BY POLICE OFFICERS OF SUCH ALCOHOLIC BEVERAGES; DECLARING SUCH POSSESSION, TRANSPORTATION OR CON- SUMPTION TO BE A MISDEMEANOR; PROVIDING A PENALTY AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS: SECTION 1. It shall be unlawful for any person to possess, trans- port, or consume any alcoholic beverage, as defined by the Texas Liquor Control Act, at or in the Wichita Falls High School football stadium within the City of Wichita Falls. Any police officer is authorized to seize and confiscate such beverages found in said stadium. Violation of this ordinance shall be a mis- demeanor. Any person found guilty of violating the provisions of this ordi- nance shall be punished by a fine of not to exceed Two Hundred ($200.00) Dollars. SECTION 2. Due to the fact that alcoholic beverages have been brought to and consumed in and at the Wichita Falls High School stadium in the City of Wichita Falls, and that there now exists no ordinance regulating the same, creates an urgency and an emergency for the preservation of the public health, peace, safety and general welfare of the public, necessitating that this ordinance shall take effect immediately from and after its passage. PASSED AND APPROVED This, the llth day of October, A. D. 1954. MAYOR ATTEST: CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY "t 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; THEME 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 NCRTH TO FCR T 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 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 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 NCR TH TO A POINT 150 FEET NORTH OF LINCOLN STREET; THENCE WEST TO THE RIGHT OF WAY OF THE MISSOURI, KANSAS E 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 SHEPPARD FIELD ACCESF ROAD ; THENCE SOUTH TO THE R I GHT 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 KET 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 STCRF- PERMIT WAS HELD AT THE SAME LOCATION, ON JANUARY 1, A.U. 1951; PROVIDING A SEVERABILITY CLAUSE, AND DECLARING AN EMERGENCY. WHEREAS, the City of Wichita Falls, by Ordinance No . 1416, as amended by Ordinance No . 1579, has h.er tc .Y ?"r pro- hibited the sale of spiritous, vinous or malt within the corporate limits of the City of Wichita Falls, Texas, save and except within that area further described in this ordinance; AND 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 wih reference to the delivery of telephone orders or delivery of other sales ?wade 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- . !ngthe 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 package store, or retail permit holder; and WHEREAS, 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 foot 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, firm or corporation making the delivery of the same, nor shall any license or permit be issued for the delivery of the some 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 North of Sixth Street and 150 feet West of Scott Aven°ie ,, th�?nce 1,�ies, to ;1 point , 6 150 feet t'!sst of Travfs , thr�nc? Sot­Y�w i c-,.r thence East to 1ravis to Tl)i -,(- teenth Street; theT..cq, PjEs, 150 fcet ,, Thsyjc." t T intersection of 1�iij1 Street and Dalla,,, a'""' zast on Dallas Street to a point 150 feet 11,est 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 Fast to Kentucky Avenue and South on Kentucky Avenue, 150 �--P_et 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 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; thence West on Dallas Street to a point 150 feet west of Kentucky Avenue; thence north to Jalonic Street; thence 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 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 Sheppard 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 feet west of Scott Avenue to a point 150 feet North of Sixth Street, the place of beginning. SECTION 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. SECT:ON 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 ($200) dollars, and each and every delivery shall 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 premisal of any retail dealer who was In business ets a 1>ac1tag-_ store at the same location on January 1 , A. D. 1951 , and who held a legal package store permit and/or retail deaier4s or wholesale, license on January 1, A. D. 1951 . SECTION 5. If any section, clause, paragraph, or provision of this ordinance shall be held unconsti- tutional 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 City 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 that this ordinance is hereby declatedto 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. PASSED AND APPROVED, this 12th day of September, A. D. 1955. Mayor ATTEST: City Clerk `i�" 6 ' 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 CORPCRATION, 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; THEME 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; THEME SCUTH 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 NCRTH TO FORT 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 V,TEST ON DALLAS STREET TO A POINT 150 FEET WEST OF KENTUCKY AVENUE: THENCE NORTH TO JALONIC STREET; THENCE 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 OLSEVENTH 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 SHEPPARD FIELD ACCESF ROAD THENCE SOUTH TO THE RIGHT OF WAY OF THE FORT 14ORTH 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 MET 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- L-ATION 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, CAR TO ANY AREA WHERE A PACKAGE STORE PERMIT WAS HELD AT THE SAME LOCATION, ON JANUARY 1, A.D. 1951; PROVIDING A SEVERABILITY CLAUSE, AND DECLARING AN EMERGENCY. WHEREAS, the City of Wichita Falls, by Ordinance No. 1416, as amended by Ordinance No. 1579, has heretofore pro- hibited the sale of spiritous, vinous or malt liquors, within the corporate limits of the City of Wichita Falls, Texas, save and except within that area further described in this ordinance; AND 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 retailer' s 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 �MEREAS, 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- . ing the 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 package stare, or retail permit holder; and WHEREAS, 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 foot or uses any known method of conveyance, within the corpo- rate limits of the City of Wich'ta 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, firm 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 Nortf; 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 Soutk 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 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 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 Strut; 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;thence 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; the,gce 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 8 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 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. SECTION 2. That any person, firm or corporation violating this )rdinance 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 shall 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; thgt. this ordinance shall not apply to deliveries on the premises of any retail dealer who was in business as a package store at the same location on January 1, A.D. 1951 , and who held a legal package store 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 unconstitu- tional 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 City 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 ATTEST: City Clerk