HomeMy WebLinkAboutO-2015-3576 amend Ch 10;enacting certain regulations related to the operation of Game Rooms ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 10 "AMUSEMENTS" OF THE CODE OF
ORDINANCES OF THE CITY OF LA PORTE, BY ENACTING CERTAIN
REGULATIONS RELATED TO THE OPERATION OF GAME ROOMS, IN
COORDINATION WITH HARRIS COUNTY; 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," of the Code of Ordinances, LaPorte, Texas, is hereby amended in its entirety and
shall hereinafter read as follows:
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:
Amusement redemption machine means any electronic, electromechanical, or mechanical
contrivance designed, made, and adopted for bona fide amusement purposes that rewards the
player exclusively with noncash merchandise, prizes, toys, or novelties, or a representation of
value redeemable for those items, that have a wholesale value available from a single play of the
game or device of not more than ten times the amount charged to play the game or device once,
or$5.00, whichever amount is less.
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 an opportunity to win a prize, gift certificate or thing of value,whether or
not the prize is automatically paid by the contrivance.
Game Room means a for-profit business located in a building or other place that contains six
or more amusement redemption machines.
Game room owner means an individual who:
(1) Has an ownership interest in or receives income from a game room or an amusement
redemption machine located in a game room;
(2) Is a partner, director, or officer of a business, company, or corporation that has an ownership
interest in a game room or in an amusement redemption machine located in a game room;
(3) Is a shareholder that holds more than ten percent of the outstanding shares of a business,
company, or corporation that has an ownership interest in a game room or in an amusement
redemption machine located in a game room;
(4) Has been issued by the county clerk an assumed name certificate for a business that owns a
game room or an amusement redemption machine located in a game room;
(5) Signs a lease for a game room;
(6) Opens an account for utilities for a game room;
(7)Receives a certificate of occupancy for a game room and/or zoning permit;
(8) Pays for advertising for a game room; or
(9) Signs an alarm permit for a game room.
Game Room Operator means an individual who supervises, manages, or participates in
the performance of activities that contribute to the functioning of a game room, including the
following activities:
(1) Operates a cash register, cash drawer, or other depository on the premises of a game room or
of a business where the money earned or the records of credit card transactions or other credit
transactions generated in any manner by the operation of a game room or activities conducted in
a game room are kept:
(2) Displays, delivers, or provides to a customer of a. game room; merchandise, goods,
entertainment, or other services offered on the premises of a game room;
(3) Take orders from a customer of a game room for merchandise, goods, entertainment, or other
services offered on the premises of a game room; or
(4) Acts as a door attendant to regulate entry of customers or other persons into a game room.
(5) Supervises or manages other persons at a game room.
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 lace of business other than his own an
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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.
Secs. 10-32-10-50. -Reserved."
Section 2: That Chapter 10, "Amusements," Article H. "Coin Operated Machines," Division
3. "Regulation of Places of Business" of the Code of Ordinances, LaPorte, Texas, is hereby
amended in its entirety and shall hereinafter read as follows:
"DIVISION 3. -REGULATION OF PLACES OF BUSINESS
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 o operated machnes 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.
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 for minors; 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 a.m.
;Saturdays ..... _ --- 9:00 a.m. to 12:00 a.m.
-- ---------
_
Sundays ..... 1:00 P.M. to 10:00 P.M.
Summer
Mondays through Fridays ..... 111:00 a.m. to 12:00 a.m.
Saturdays ..... 9:00 a.m. to 12:00 a.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.
Sec. 10-78. - Unobstructed view to interior.
Every business establishment displaying five or fewer skill or pleasure coin operated
machines and/or 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
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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.
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 of this
Code. 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."
Section 3: That Chapter 10, "Amusements," Article II. "Coin Operated Machines," of the
Code of Ordinances, La Porte, Texas, is hereby amended my adding new Division IV.
"Regulation of Game Rooms", and which division shall hereinafter read as follows:
"DIVISION 4. -REGULATION OF GAME ROOMS.
Sec. 10-84. Regulation by Harris County; Permit required.
(a) As authorized by Texas Local Government Code Chapter 234 and Harris County Game Room
Regulations adopted by Harris County, Harris County and the City of La Porte have entered into
an interlocal agreement allowing for Harris County to exclusively regulate and control the
operation of game rooms within the corporate limits of the City of La Porte.
(b) Any person who desires to operate, use, or maintain a game room in the City of La Porte shall
be required to first obtain a Harris County game room permit, and shall be subject to the terms
and conditions contained in the Harris County Game Room Regulation. The City of La Porte
hereby adopts and incorporates for all purposes,the Harris County Game Room Regulations.
(c) In accordance with the interlocal agreement between Harris County and the City of La Porte,
the Director of Planning of the City of LaPorte, or his designee, shall serve as the game room
permit administrator, on behalf of Harris County, for game rooms located in the City of LaPorte.
The Director shall supervise, control, and operate the Permit Office and shall issue county
permits,-in coordination with the county.
(d) Game room owners shall obtain a Harris County permit or renewal thereof for each game
room in the City, by submitting to the Director of Planning, or his designee, an application and
the application fee for a Harris County Game Room Permit. The permit shall be issued in
accordance with Harris County Game Room Regulations. Applicants shall refer to Harris County
Game Room Regulations for permitting requirements. County permit application forms may be
obtained from the City,through the Permit Office.
(e) Applications for Harris County game room permits shall follow Harris County Game Room
Regulations regarding denial, revocation or suspension of a permit and the appeal thereof.
(f) The City of La Porte hereby adopts the Harris County Game Room Regulations."
Section 4: 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 shallbe cumulative of other ordinances
regulating and governing the subject matter covered by this ordinance.
Section 5: 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 6. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any
provision of the ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall
be punished by a fine not to exceed FIVE HUNDRED DOLLARS ($500.00).
Section 7. 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 8. 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 passage of this ordinance.
PASSED AND APPROVED this the day of ' 2015.
CITY OALP'T EXAS
• By:
Louis 1 . Ri by, May r
A i T: .
City Secretary
APPR ED:
sis ant City Attorney
•