HomeMy WebLinkAboutO-2011-3363 revise Ch10/Coin-Operated Machinesr
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: 06-27-11
Requested By: Kenith Adeox
Department: Pelice
Report: Resolution: Ordinance: X
Exhibits: Coin Operated Machine Ordinance - 3127
Exhibits: Coin Operated Machine Ordinance Amending
Chapter 10 "Amusements" of the Code of
Ordinances of the City of La Porte
Exhibits
Bud et
Source of Funds:
Account Number:
Amount Budgeted:
Amount Requested:
Budgeted Item: YES NO
SUMMARY & RECOMMENDATION
As part of a recent settlement agreement, it is requested that City Council revise Chapter 10
"Amusements" of the Code of Ordinances of the City of La Porte and amend Article II. "Coin -
Operated Machines", by removing the general prohibition of use or display or eight -liners in
commercial or business establishments; and adding additional provisions designed to assist in the
regulation of eight -liners within the City of LaPorte.
Action Required by Council:
Re Council approve recommended revisions to Chapter 10 "Amusements", Article II "Coin-
perate Machines" of the Code of Ordinances of the City of LaPorte.
Ron
Manager
Gt
ae
ORDINANCE NO. 3127-A
AN ORDINANCE AMENDING CHAPTER 10 "AMUSEMENTS" 'OF THE .CODE
OF ORDINANCES OE THE CITY OF LA PORTE, . TEXAS, REEATING TO
THE USE AND REGULATION -,,.'OF.-`COIN,,, OPERATED MACHINES;
REPEALING yORDINANCE , NO.. 3127 , AND„ AS`' CODIFIED, N CHAPS
"AMUSEMENTS"; CONTAINING A SEVERABLITY CLAUSE; CONTAINING
A REPEALING CLAUSE; CONTAINING AN OPEN MEETINGS CLAUSE;
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 ($500);
PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LA PORTE:
SECTION 1. Chapter 10 "Amusements", Article II "Coin -Operated Machines", Division 1
"Generally", Section 10-31 "Definitions" of the Code of Ordinances is hereby amended by, adding
the following term, to be included in proper alphabetical sequence:
"Amusement redemption machine means a recreational machine, including eight -liner machines, that
provides the user with an opportunity to receive something of value,,other than a right to replay, and in
which credits, or r the equivalent .thereof, ware: accumulated when a particulaz configuration, of', like
symbols; is=,displayed ,in a random; fashion bymachme,4symbols or=,numbers aze r%aatchei, tox ,a
randomly *selected`= symbol or number determined by the. macliuie; a combinaiiori o Garda t awed at
and valued 'in a traditional hierarchy' for purposes` of poker; ora combination of cards is arrived'at=and
points assigned forpurposes'of blackjack."
SECTION 2. Chapter 10 "Amusements", Article II "Coin -Operated Machines", Division 2
"Occupational Tax", Section 10-54 "Payment; decal as evidence thereof; display; proration of tax" of
the Code of Ordinances is hereby amended to read as follows:
"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, or
at the time, of,tthe:display of the machine, if, first displayed during a calendar year; at'the rates
established in Appendix A of this Code.
Page 1 of 5
(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 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 II "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 I all areas of fhe business
establishment.
(b) Any law enforcement officer may, Iinspect a
coin operated machines or, amusement =redempti
businessestablishment is, in compliance with thii I
employee of a business establishment°which disp
machines or amusement redemption ziiachines w
inspect said establishment. or the skill or pie,
redemption machines therein; commits axnisdeme
bush
s establishment or any; skill or pleasur
are coin,; operated"machines or, aj
[or 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
SECTION 4. Chapter 10 "Amusements", Article Il "Coin -Operated Machines", Division 3
"Regulation of Places of Business", Section 10-77 "Hours of operation; terms defined" is hereby
amended to read as follows:
"Sec. 10-77. - Hours of operation; terms defined.
(a) Every business establishment displaying skill or pleasure coin operated machines, ;amusement
redemption machines, or eight -liners ;Coir operated maebine amusement eente,.., shall remain
closed to minors, and no minors shall be on the premises, except during the following hours:
Schoolyear
Mondays through Thursdays
Fridays
Saturdays
Sundays
Summer
Mondays through Fridays
Saturdays
Sundays
2:30 p.m. to 10:00 p.m.
2:30 p.m. to 12:00 p.m.
9:00 a.m. to 12:00 p.m.
1:00 P.M. to 10:00 P.M.
11:00 a.m. to 12:00 p.m.
9:00 a.m. to 12:00 p.m.
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 tern "summer" shall be the period from the end of
classes in May until the commencement of classes in August. "
SECTION 5. Chapter 10 "Amusements", Article II "Coin -Operated Machines", Division 3
"Regulation of Places of Business", Section 10-78 "Unobstructed view to interior" is hereby
amended to read as follows:
"Sec. 10-78. - Unobstructed view to interior.
Every business establishment displayingskill or pleasure coin operated machines, amusement
redemption machines, or eight -liners 'Every plaeo of btisiness shall have unobstructed windows
Page 3 of 5
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
SECTION 11. 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
Chapter 52, Texas Local Government Code, and the City of La Porte Charter.
PASSED AND APPROVED, this
ATTEST:
Patrice Fogarty, City Secretary
APPROVED AS TO FORM:
Clark T. Askins, Assistant City Attorney
DAY OF
CITY OF LA PORTE
Louis R. Rigby, Mayor
Page 5 of 5
2011
abt I— 33(o3
ORDINANCE NO. 3M
AN ORDINANCE AMENDING CHAPTER 10 "AMUSEMENTS" OF THE CODE
OF ORDINANCES OF THE CITY OF LA PORTE, TEXAS, RELATING TO
THE USE AND REGULATION OF COIN OPERATED MACHINES;
REPEALING ORDINANCE NO. 3127, AND AS CODIFIED IN CHAPTER 10
"AMUSEMENTS"; CONTAINING A SEVERABLITY CLAUSE; CONTAINING
A REPEALING CLAUSE; CONTAINING AN OPEN MEETINGS CLAUSE;
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 ($500);
PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LA PORTE:
SECTION 1. Chapter 10 "Amusements", Article II "Coin -Operated Machines", Division 1
"Generally", Section 10-31 "Definitions" of the Code of Ordinances is hereby amended by adding
the following term, to be included in proper alphabetical sequence:
"Amusement redemption machine means a recreational machine, including eight -liner machines, that
provides the user with an opportunity to receive something of value other than a right to replay and in
which credits, or the equivalent thereof, are accumulated when: a particular configuration of like
symbols is displayed in a random fashion by the machine; symbols or numbers are matched to a
randomly selected symbol or number determined by the machine; a combination of cards is arrived at
and valued in a traditional hierarchy for purposes of poker, or a combination of cards is arrived at and
points assigned for purposes of blackjack."
SECTION 2. Chapter 10 "Amusements", Article 11 "Coin -Operated Machines", Division 2
"Occupational Tax", Section 10-54 "Payment; decal as evidence thereof; display; proration of tax" of
the Code of Ordinances is hereby amended to read as follows:
"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, or
at the time of the display of the machine, if first displayed during a calendar year, at the rates
established in Appendix A of this Code.
Pagel of 5
(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
SECTION 4. Chapter 10 "Amusements", Article II "Coin -Operated Machines", Division 3
"Regulation of Places of Business", Section 10-77 "Hours of operation; terms defined" is hereby
amended to read as follows:
"Sec. 10-77. - Hours of operation; terms defined.
(a) Every business establishment displaying skill or pleasure coin operated machines, amusement
redemption machines, or eight -liners shall remain closed to minors, and no minors shall be on
the premises, except during the following hours:
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
Saturdays
Sundays
11:00 a.m. to 12:00 p.m.
9:00 a.m. to 12:00 p.m.
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. "
SECTION 5. Chapter 10 "Amusements", Article II "Coin -Operated Machines", Division 3
"Regulation of Places of Business", Section 10-78 "Unobstructed view to interior" is hereby
amended to read as follows:
"Sec. 10-78. - Unobstructed view to interior.
Every business establishment displaying skill or pleasure coin operated machines, amusement
redemption machines, or eight -liners 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. "
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"
Page 3 of 5
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
SECTION 11. 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
Chapter 52, Texas Local Government Code, and the City of La Porte Charter.
PASSED AND APPROVED, this DAY OF <, 2011
ATTEST:
42t�]Xj'
atrice Fogarty, CiVSecretajiyl
APPROVED AS TO FORM:
M
ar . Askins, Assistant City Attorney
CITY O LA PORTE
L uis . Rigb "yor
Page 5 of 5