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HomeMy WebLinkAboutO-2009-3127 prohibit use/display, permitting/licensing of eight liners in commercial or business establishments within La PorteREQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: 03-09-09 Requested By: Kenith Adenx� Department: &slice Report: Resolution: Ordinance: X Exhibits: Exhibits: Exhibits Coin Operated Machine Ordinance Budget Source of Funds: Account Number Amount Budgeted: _ Amount Requested:_ Budgeted Item: YES SUMMARY & RECOMMENDATION NO Amend Ordinance 1100 stating that Eight -liner gambling machines are prohibited in the City of La Porte for commercial use and, as such, the City will no longer issue permits for these devices. approve amended Ordinance. V Ron Bottoms, City Manager Date ORDINANCE NO. �- AN ORDINANCE AMENDING CHAPTER 10 "AMUSEMENTS" OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE BY AMENDING ARTICLE II. "COIN- OPERATED MACHINES," TO PROHIBIT THE USE OR DISPLAY OF EIGHT - LINERS IN COMMERCIAL OR BUSINESS ESTABLISHMENTS WITHIN THE CITY OF LA PORTE, AND TO PROHIBIT THE PERMITTING OR LICENSING OF EIGHT - LINERS WITH THE CITY OF LA PORTE; AND BY AMENDING APPENDIX -B "FINES" OF THE LA PORTE CODE OF ORDINANES IN ACCORDANCE THEREWITH; PROVIDING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED FIVE HUNDRED DOLLARS; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1: That Chapter 10, "Amusements," Article II. "Coin Operated Machines", Division 1. "Generally," Section 10-31 "Definitions," of the Code of Ordinances, La Porte, Texas, is hereby amended by adding or revising the following terms, to be included in proper alphabetical sequence: "Coin-operated machine means every machine or device of any kind or character, other than an eight -liner, which is operated by or with coins, or metal slugs, tokens or checks; "music coin-operated machines" and "skill or pleasure coin-operated machines" as those terms are defined in this section, shall be included in such definition." "Eight -liner means a coin-operated machine or contrivance capable of being used for games of chance, including but not limited to a Tic Tac Toe eight -liner or video poker machine or other contrivance or paraphernalia, on which games of chance can be played for a consideration and which afford the player and opportunity to win a prize, gift certificate or thing of value, whether or not the prize is automatically paid by the contrivance." Section 2: That Chapter 10, "Amusements," Article II. "Coin Operated Machines", Division 2. "Occupation Tax", Secs. 10-56--10-75. "Reserved.", of the Code of Ordinances, La Porte, Texas, is hereby amended and shall read as follows: "Secs. 10-56--10-74. Reserved." Section 3: That Chapter 10, "Amusements," Article II. "Coin Operated Machines", Division 3. "Regulation of Places of Business", of the Code of Ordinances, LaPorte, Texas, is hereby amended by adding the following section, which shall read as follows: "Sec. 10-75. Eight -Liners Prohibited. a) The use or display of eight -liners in a commercial or business establishment located within the corporate limits of the City of La Porte shall be prohibited. b) No license or permit shall be issued by the City of La Porte for the use or display of eight -liners, regardless of location within the city." Section 4: That Chapter 10, "Amusements," Article II. "Coin Operated Machines", Division 3. "Regulation of Places of Business", of the Code of Ordinances, LaPorte, Texas, is hereby amended by amending Section 10-81, which shall 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. Neither allegation nor evidence of a culpable mental state is required for the proof of an offense defined in this Article." Section 5:That Appendix -B "Fines" of the Code of Ordinances of the City of LaPorte, Texas is hereby amended by adding Chapter 10, "Amusements," Article 11. "Coin Operated Machines", Division 3. "Regulation of Places of Business", which shall read as follows: Description Amount Section this Code Chapter 10. Amusements Article II. Coin Operated Machines Division 3. Regulation of Places of Business a) IFine for violation of article .... $500.00 10-75(a) Section 5: 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 7: Should any section or part of this ordinance be held unconstitutional, illegal, or invalid, or the application to any person or circumstance for any reasons thereof ineffective or inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or part shall in no way affect, impair or invalidate the remaining portions thereof; but as to such remaining portion or portions, the same shall be and remain in full force and effect and to this end the provisions of this ordinance are declared to be severable. Section 8. 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 is posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by Chapter 551, Tx. Gov't 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. Section 9. This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice of the passage of this ordinance by causing the caption hereof to be published in the official newspaper of the City of La Porte at least once within ten (10) days after the passage of this ordinance, in accordance with the provisions of the City of La Porte Charter. PASSED AND APPROVED this the C� day of , 2009. CITY OF LA PORTE By: 4 Mayor ATTEST: APPROVED: City Attorney ARTICLE II. COIN-OPERATED MACHINES* *Cross references: Businesses, ch. 22; supplementary district regulations, coin-operated machines, § 106-747. DIVISION 1. GENERALLY Sec. 10-31. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Coin-operated machine means every machine or device of any kind or character, other than an eight -liner, which is operated by or with coins, or metal slugs, tokens or checks; "music coin- operated machines" and "skill or pleasure coin-operated machines" as those terms are defined in this section, shall be included in such definition. Eight -liner means a coin-operated machine or contrivance capable of being used for games of chance, including but not limited to a Tic Tac Toe eight -liner or video poker machine or other contrivance or paraphernalia, on which games of chance can be played for a consideration and which afford the player and opportunity to win a prize, gift certificate or thing of value, whether or not the prize is automatically paid by the contrivance. Music coin-operated machine means every coin-operated machine of any kind or character, which dispenses or vends or which is used or operated for dispensing or vending music and which is operated by or with coins or metal slugs, tokens or checks. The following are expressly included within such term: phonographs, pianos, graphophones, and all other coin-operated machines which dispense or vend music. Operator means any person, firm, company, association or corporation which exhibits, displays or permits to be exhibited or displayed, in a place of business other than his own, any coin- operated machine in this state. Owner means any person, individual, firm, company, association or corporation owning any coin-operated machine in this state. Service coin-operated machines means every pay toilet, pay telephone and all other machines or devices which dispense service only and not merchandise, music, skill or pleasure. Skill or pleasure coin-operated machines means every coin-operated machine of any kind or character whatsoever, when such machines dispense or are used or are capable of being used or operated for amusement or pleasure or when such machines are operated for the purpose of dispensing or affording skill or pleasure, or for any other purpose other than the dispensing or vending of "merchandise or music" or "service" exclusively, as those terms are defined in this article. The following are expressly included within such term: marble machines, marble table machines, marble shooting machines, miniature race track machines, miniature football machines, miniature golf machines, miniature bowling machines, and all other coin-operated machines which dispense or afford skill or pleasure; provided, however, that every machine or device of any kind or character which dispenses or vends merchandise, commodities or confections or plays music in connection with or in addition to such games or dispensing of skill or pleasure shall be considered as skill or pleasure machines and taxed at the higher rate fixed for such machines. Cross references: Definitions generally, § 1-2. State law references: Similar provisions, Vernon's Ann. Civ. St. art. 8801. Secs. 10-32--10-50. Reserved. DIVISION 2. OCCUPATION TAX* *Cross references: Occupation tax, § 66-91 et seq. Sec. 10-51. Levy; maximum amount; registration of machines. The city council hereby shall levy and collect the maximum yearly occupation tax authorized by state law on each coin-operated machine exhibited in the city, on an annual basis, at the rate established in appendix A, fees, of this Code, for each machine so exhibited. Each machine upon which this occupation tax must be paid shall be registered with the city by the owner, such registration to contain the make, model and serial number of each machine; each such machine registered with the city shall also be subject to an annual registration fee at the rate established in appendix A, fees of this Code, due for each calendar year, or any part of a calendar year, in which a machine is exhibited. Every machine so registered shall display a decal issued by the city, securely fixed to a noninterchangeable part of the machine. All ad valorem taxes on any and all property, personal or real, necessary to the operation of any business must be paid prior to the issuance of any decal for such operation. State law references: Authority to levy, Texas Occupations Code Chapter 2153. Sec. 10-52. Exemptions. Gas meters, pay telephones, pay toilets, food vending machines, confection vending machines, beverage vending machines, merchandise vending machines, and cigarette vending machines which are now subject to an occupation or gross receipts tax, stamp vending machines, and service coin-operated machines are expressly exempt from the tax levied in section 10-51 and the other provisions of this article. State law references: Similar provisions, Vernon's Ann. Civ. St. art. 8803. Sec. 10-53. Collection of tax and issuance of decals. It shall be the responsibility of the city secretary to collect the tax and to issue decals for such machines as are registered in accordance with section 10-51. Sec. 10-54. Payment; decal as evidence thereof, display; proration of tax. (a) Every owner who owns, controls, possesses, exhibits, displays or who permits to be exhibited or displayed in the city any skill or pleasure -oriented coin-operated machine shall pay on every such machine, the annual occupational tax levied in section 10-51. Such occupational tax shall be payable to the city secretary on or before December 15 for the next succeeding calendar year. (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 not be subject to proration or reduction for payment for a period less than 12 calendar months. Sec. 10-55. Nonpayment of occupational tax; sealing of machines; fee; breaking of seal a violation of article. (a) The city secretary or his designee may seal, in a manner that will prevent further operation, any coin-operated amusement machine subject to the payment of the occupational tax upon which the tax levied by this article has not been paid. Any person subject to this section shall be required to pay a fee in an amount established by the city and listed in appendix A of this Code for release of any machine sealed for nonpayment of the tax. (b) Whoever shall break the seal, pursuant to this article, or exhibit, display or remove any machine on which such seal has been broken, shall be guilty of a class C misdemeanor and shall be in violation of this article. State law references: Similar provisions, Vernon's Ann. Civ. St. art. 8815. Secs. 10-56--10-74. Reserved. DIVISION 3. REGULATION OF PLACES OF BUSINESS* *Cross references: Zoning, ch. 106. Sec. 10-75. Eight -Liners Prohibited. a) The use or display of eight -liners in a commercial or business establishment located within the corporate limits of the City of La Porte shall be prohibited. b) No license or permit shall be issued by the City of La Porte for the use or display of eight - liners, regardless of location within the city. Sec. 10-76. Moving of machine which has tax certificate. It shall be unlawful to move a coin-operated machine to a different place of business in the city without prior written notification to the city secretary. Sec. 10-77. Hours of operation; terms defined. (a) Coin-operated machine amusement centers shall remain closed to minors, and no minors shall be on the premises, except during the following hours: TABLE INSET: School year Mondays through Thursdays.......... 2:30 p.m. to 10:00 p.m. Fridays.......... 2:30 p.m. to 12:00 p.m. Saturdays.......... 9:00 a.m. to 12:00 p.m. Sundays.......... 1:00 P.M. to 10:00 P.M. Summer Mondays through Fridays.......... 11:00 a.m. to 12:00 p.m. Saturdays.......... 9:00 a.m. to 12:00 p.m. Sundays.......... 1:00 P.M. to 10:00 P.M. (b) The term "school year" shall be defined as the period of time from the commencement of regular classes in the La Porte Independent School District in August, through the last day of regular classes the following May. The term "summer" shall be the period from the end of classes in May until the commencement of classes in August. Cross references: Definitions generally, § 1-2. Sec. 10-78. Unobstructed view to interior. Every place of business shall have unobstructed windows 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. Sec. 10-79. Noise. No sound of any nature shall be audible beyond the limits of a place of business covered under this article. Cross references: Noise regulations, § 34-91 et seq. Sec. 10-80. Lighting. Lighting shall be maintained at an intensity of not less than 30 footcandle power, three feet from the floor, measured at any location in any room open to the public, which shall be operative during all hours of operation of any place of business covered under this article. 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. Neither allegation nor evidence of a culpable mental state is required for the proof of an offense defined in this Article. Sec. 10-82. Employees subject to penalties. Any employee of a coin-operated machine business who violates or permits patrons or customers of the coin-operated machine business to violate any provision of this article shall, upon conviction, be punished as provided in section 1-14. Sec. 10-83. Change in corporate structure or address of owner. Every person shall, prior to the effective date of any change of ownership of such business or enterprise or of the home address or principal business address of any owner thereof, if such business or enterprise is unincorporated, or if such business or enterprise is incorporated, prior to the effective date of any change of officers or directors of such business or enterprise, or of the home address or principal business address of any officer or director thereof, file with the city secretary a sworn affidavit. Such affidavit shall state therein such change of ownership of such unincorporated business or enterprise, and such change of home address or principal business address of any owner thereof, or such substitution of officers or directors of such incorporated business or enterprise and such change of home address or principal business address of any officer or director thereof.