B & B VENDING CO. v. City of Garland

SUMMERS, Chief Justice.

This is an appeal from a declaratory judgment rendered in favor of the City of Garland.

B & B Vending Co. holds a valid general business license to exhibit coin-operated amusement machines in Texas. The company has contracted with Food Maker, Inc. to exhibit three video games at a Jack-In-The-Box Restaurant in Garland. The City has enacted an ordinance, however, that prohibits the location of skill or pleasure coin-operated machines within 300 feet of a church, school, hospital, or residentially zoned property. The restaurant in question, although within a retail zone,…