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Ord 054-2003 6/3/2003ORDINANCE NO. EL�' aO03 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING THE CODE OF ORDINANCES, APPENDIX B, ZONING ORDINANCE, AT SECTION 5420 SUBSECTION 5, REGARDING TEMPORARY SALES OF ALCOHOLIC BEVERAGES, AND AT SECTION 5430 REGARDING ALCOHOLIC BEVERAGE SALES NEAR CHURCHES, HOSPITALS AND SCHOOLS; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, the City Council deems desirable that the City Manager or his designee evaluate and process requests for Temporary Sales Permits for alcoholic beverages; and WHEREAS, State law has changed regarding the sale of alcoholic beverages near churches, hospitals and schools; and WHEREAS, the City Council deems the changes herein to be in the public's interest. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. Appendix B of the Zoning Ordinance of the City of Wichita Falls is hereby amended at Section 5420, Subsection 5, which subsection shall hereafter read as follows: "5420. Authorized sales and service types and permitted zones. 5. Temporary sales: Sales of alcoholic beverages not exceeding four days, for consumption on or off - premises. Such sales are authorized as permitted uses the GC, LI, HI, RDD, and CBD zones. After giving due consideration to the nature of the event and its impact on the surrounding area, the City Manager or his or her designee may authorize a Temporary Sales Permit in all other zones." SECTION 2. Appendix B of the Zoning Ordinance of the City of Wichita Falls, Texas, is hereby amended at Section 5430, which section shall hereafter read as follows: "5430. Sales near churches, hospitals and schools. �v A. The sale of alcoholic beverages within the city by any dealer whose place of business is within 300 feet of a church 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, is hereby prohibited. This section shall not apply to temporary sales authorized under section 5420, subsection 5. B. The sale of alcoholic beverages within the city by any dealer whose place of business is within 300 feet of a public or private school is hereby prohibited. The measurements of the distance between the place of business where alcoholic beverages are sold and the public or private school shall be in a direct line from the property line of the public or private school to the property line of the place of business, and in direct line across intersections. If the place of business where alcoholic beverages are sold is located on or above the fifth floor of a multistory building, the method of measurement shall be in a direct line from the property line of a public or private school to the property line of the place of business, in a direct line across intersections, and vertically up the building at the property line to the base of the floor on which the permit or license holder is located. This section shall not apply to temporary sales authorized under section 5420, subsection 5." C. Exceptions when locating within 300 feet from a private school. Subsection B does not apply to the sale of alcoholic beverages if the business holds a food and beverage certificate and is located within 300 feet of a private school, or the business is a premise where minors are prohibited from entering under Section 109.53 of the Texas Alcoholic Beverage Code, as amended, and is located within 300 feet of a private school. In this section, "private school" means a private school, including a parochial school that offers a course of instruction for students in one or more grades from kindergarten through grade 12, and has more than 100 students enrolled and attending courses at a single location. SECTION 3. It is hereby officially found and determined that the meeting at which this ordinance was passed was open to the public as required by law. PASSED AND APPROVED this the 3rd day of June, 2003. WM ATTEST: , l L uj � City Clerk • Affidavit of Publication THE STATE OF TEXAS #1693222 ORDINANCE NO.53-2003 COUNTY OF WICHITA ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING CHAPTER 26,BUSINESS REGULA- On this 16th day of June, 2003 A D... TIONS,AT ARTICLE VI- 1I , WRECKER personally appeared before me, the undersigned authority BUSINESSES. ORDINANCE NO.54-2003 Kathy Salan, Sales Assistant for the Times Publishing ORDINANCE OF THE CITY CITY OF WICHITA Company of Wichita Falls, publishers of the Wichita Falls FALLS, TEXAS, AMENDING THE CODE Times/Record News, a newspaper published at Wichita Falls in OF ORDINANCES,AP- I PENDIX B,ZONING OR- Wichita County, Texas,and upon beingdulybyme, on DINANCE,AT SECTION5420 SUBSECTIO sworn RE- GA R DING T ENM P O- oath states that the attached advertisement is a true and R A R Y SALES OF ALCOHOLIC BEVERAG- correct copy of advertising published in One (1) issues thereof ES,AND AT SECTION 5430 REGARDING AL- on the followingdates: COHOLIC BEVERAGE SALES NEAR CHURCH- ES, HOSPITALS AND SCHOOLS. June 15, 2003 kgria4 • Sales Assistant for Times Publishing Company Com an of Wichita Falls Subscribed and sworn to before me this the day and year first above written: U�U pY DA V/S'•.. PC./B. ,i 43 - •• N� fij • • p p,