O-2011-3363 revise Ch10/Coin-Operated Machines

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(b) The city secretary shall issue a decal evidencing payment of such occupational tax, and such decal shall be securely attached to the machine in a manner that will require continued application of steam and water to remove the decal, or such decal shall be posted in a conspicuous place at or near the machine so as to be easily seen by the public. The decal affixed to the machine shall be valid only for the machine which must be identified by serial number. Any business operator who shall exhibit or display within the city any skill or pleasure -oriented coin-operated machine without having paid the tax and annexed or attached thereto a valid decal issued by the city secretary, showing payment of the tax for the current year, shall be deemed to have violated this article. (c) The occupational tax provided for in this article shall be subject to proration or reduction for payment for display of machines for a period less than 12 calendar months, at the rates established in Appendix A of this Code." SECTION 3. Sections 1, 2, and 3 of Ordinance No. 3127, and as codified in Chapter 10 "Amusements", Article H "Coin -Operated Machines", Division 3 "Regulation of Places of Business", Section 10-75 "Eight -liners prohibited", and in Appendix B "Fines", of the Code of Ordinances of the City of La Porte, is hereby repealed in its entirety. Said Section 10-75 "Eight - liners prohibited" shall hereinafter read as follows: "Sec. 10-75. Unrestricted access by law enforcement officer; right of inspection by law enforcement officer. (a) It shall be the duty of any owner, manager, or employee of a place of business displaying one or more skill or pleasure coin operated machines or amusement redemption machines, or other person exercising control over such a business establishment or the skill or pleasure coin operated machines or amusement redemption machines therein, to provide any law enforcement officer with immediate unrestricted access during business hours to all areas of the business establishment. (b) Any law enforcement officer may inspect a business establishment or any skill or pleasure coin operated machines or amusement redemption machines therein to determine whether the business establishment is in compliance with this Chapter and state law. An owner, manager, or employee of a business establishment which displays one or more skill or pleasure coin operated machines or amusement redemption machines who does not allow a law enforcement officer to inspect said establishment or the skill or pleasure coin operated machines or amusement redemption machines therein commits a misdemeanor offense. (c) This chapter shall not be construed to authorize or permit the keeping, exhibition, operation, display, or maintenance of any machine that is prohibited by the constitution or statutes of this state, including but not limited to Chapter 47 of the Texas Penal Code." Page 2 of 5