Ord 1299 2/26/1940 n-'er
OBDINANCE NO. 1299 Lvu
AN ORDINANCE PROHIBITING THE SALE OF ALCOHOLIC BEVER-
AMS WITHIN THE CORPORATE LIMITS OF THE CITY OF WICHITA FALLS By ANy
DEALER WERE THE PLACE OF BUSINEESS OF ANY SUCH DEALER IS WITHIN THREE
HUNDRED (300) FEET OF ANY CHURCH, STATE SUppORTF
CHIAL SCHOOL OR PUBLIGHOSPITA-L) THE YaASUREMET D PUBLIC SCHOOL, TARO_
I FRONT DOOR TO FRONT DOOR
PROPERTY LINES OF THE STREET FRONTS AND FROM NTS TO BE MADE ALONG THE
AND IN DIRECT LINE ACROSS INTERSECTIONS MERE THEY OCCUR; PRESCRIBING
A PENALTY; AND FURTHER PROVIDING SHOULD ANY SECTION, PHRASE OR CLAUSE
OF MIS ORDINANCE BE HELD UNCONSTITUTIONAL OR VOID FOR ANY REASON; SUCH
HOLt!1N`G SHALL NOT AFFECT THE OTHER PROVISIONS OF TTUS ORDINANCE; REPEAL-
ING ALL ORDINARCES AND PARTS OF ORDIN]ANCES IN CONFLICT ZITT TH R
ANCE. i IS 01 DIN-
BE IT ORDAINED By THE BOARD OF ALDERYM OF THE CITY OF
WICHITA FALLS, TEXAS:
SECTION 1,
That the sale of alcoholic beverages within the corporate
limits of the City Of Wichita Falls$ Texas, by any dealer rrhere the
place of business of any such dealer is within three hundred (300) feet
of any church, st4te supported public schools 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 direct line across inter-
sections where they occur, is hereby prohibited,
SECTION 2
This ordinance is passed under authority given by the Legis-
lature of the State of Texas, Acts of 1935s 44th Legislatures Second Call
Session, Page 1795 Chapter 467, Article ls Section 25 (e), as amended by
the Acts of 19372 495th Legislature, First Call Session, Senate Bill No, 20,
Section 10,- and it is the intention hereby only to exercise such authority
as is conferred upon the City of Wichita Falls by the provisions of said
law, and the penalty for the violation Of 111T this Ordinance shall be the
same as the penalty described by said law.
SECTION 3.
If it should be held that the penalty described by the
state law does not apply to this Ordinance, then and in that event any
person found guilty of violating this Ordinance shall be guilty of a
misdemeanor and fined in any sum not to exceed TWO HUNDRED ($200.00)
DOLLARS,
SECTION 4,
Should any section phrase or clause of this Ordinance be
held unconstitutional or void for any reason, such holding shall not
affect the other provisions, sections and parts of this Ordinance but same
shall continue in full force and effect,
SECTION 5
All Ordinances and parts of Ordinances in conflict with
this Ordinance are hereby repealed, including Section IV of Ordinance
No. 1139, passed and approved September 25, 1933, and Ordinance No*7 1247,
passed and approved on Tanuary 18, 1937.
1940. PASSED AND APPROVED this the Day of February, A. D.
Mayor
ATTEST:
City Clerk