Pak-A-Sak, Inc. v. City of Perryton

OPINION

Brian Quinn, Chief Justice

This is an appeal from an order denying an application for a license to sell alcoholic beverages at a Pak-a-Sak convenience store location in the City of Perryton (the City). The denial was premised on a municipal ordinance which prohibits the sale of alcohol within a “residential area” of the City. Pak-a-Sak contends that 1) the ordinance unconstitutionally grants authority to the City in excess of that granted by the legislature under the Texas Alcoholic Beverages Code, 2) the ordinance is unconstitutionally vague and ambiguous, and 3) there is no…