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

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or open space on at least one side, so that the area is open to view by members of the public passing by on a public street, or using a corridor, lobby or other room to which the public resorts and is admitted without charge. A minimum of 65 percent of said side that is more than three feet above sidewalk grade and not more than seven feet above sidewalk grade shall be of transparent glass, unobscured by obstructions. " SECTION 6. Chapter 10 "Amusements", Article II "Coin -Operated Machines", Division 3 "Regulation of Place of Business", Section 10-81 "Operator responsible for violations of this article" is hereby amended to read as follows: "Sec. 10-81. - Operator responsible for violations of this article. Any business operator who permits, allows or in any manner condones a violation of any provision of this article shall, upon conviction, be punished as provided in section 1-14 of this Code. Neither allegation nor evidence of a culpable mental state is required for the proof of an offense defined in this article." SECTION 7. Any person who violates a provision of this Ordinance, upon conviction in the municipal court of the City of La Porte shall be guilty of a misdemeanor and shall be subject to a fine not to exceed five hundred dollars ($500.00). SECTION 8. All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. SECTION 9. If any provision, section, subsection, sentence, clause, or phrase of this ordinance, or the application of same to any person or set of circumstances is for any reason held to be unconstitutional, void or invalid, the validity of the remaining portions of this ordinance or their application to other persons or sets of circumstances shall not be affected thereby, it being the intent of the City Council in adopting this ordinance that no portion hereof or provision or regulation contained herein shall become inoperative or fail by reason of any unconstitutionality, voidness or invalidity of any other portion hereof, and all provisions of this ordinance are declared to be severable for that purpose. SECTION 10 . The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Page 4 of 5