Loading...
HomeMy WebLinkAboutO-1977-1100 . . ORDINANCE NO. 1100 ~. AN ORDINANCE REGULATING GAME ROOMS, PROVIDING LICENSING PRO- CEDURES AND FEES, REGISTERING OF SKILL OR PLEASURE ORIENTED COIN-OPERATED MACHINES AND PAYMENT OF OCCUPATIONAL TAX THEREON, REGULATING HOURS OF OPERATION, PROVIDING STANDARDS FOR OPERA- TION, PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN ANY SUM NOT MORE THAN TWO HUNDRED DOLLARS ($200.00); AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of La Porte finds it to be in the best interest of the youth of the City to regu- late the hours of operation of certain businesses that tend to operate as a deterrent to the proper development of our youth in that said businesses provide a place for the said youth to assemble at unreasonable hours, depriving them of home environ- ment, and contributing the possible conspiracy to breach the . peace; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COl~ISSION OF THE CIT~ OF LA PORTE: Section 1. The Code of Ordinances of the City of La Porte is hereby amended to adopt Chapter 4~, to-wit: Chapter 4~ AMUSEMENTS Article 1. Game Halls Section 4~-1. Definitions . (a) Game hall. A game hall is any room, hall, building, tent, or any enclosed or partially enclosed space or any part thereof, including the parking lot to said structure and any area having a primary use of providing parking space for patrons of such, in which is exhibited for hire, revenue, fee or gain of any kind four (4) or more skill or pleasure oriented coin- operated machines. The following shall be exempted from the terms of this ordinance: Any corporation or association organized and operated exclusively for religious, charitable, educational or benevolent purposes, no part of the net earnings of which inure to the benefit of any private shareholder or individual, to own, or lease or rent from another, a skill or pleasure oriented machine for the corporation's or association's exclu- sive use and in furtherance of the purposes for which it is established. . (b) Game hall operator. A game hall operator is, any person who owns or leases or rents or manages or is in any way responsible for controlling the operation of a game hall. (c) Skill or pleasure oriented coin-operated machine. The term "skill or pleasure oriented coin-operated machine" means every coin-operated machine of any kind or character . . Ordinance No. 1100 , Page 2. - 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 dis- pensing or affording skill or pleasure, or for any other purpose other than the dispensing or vending of merchandise or music, or service, or food or merchandise. The following machines are expressly included within said term: marble machines, marble table machines, marble shooting machines, miniature race tracks, miniature football or golf or bowling machines, electronic games, and all other coin- operated machines which dispense or afford skill or pleasure. The following machines are expressly excluded from the terms of this Article: pay telephones, pay toilets, phono- graphs, pianos, graphophones, gas meters, food or beverage or confection or merchandise or stamp vending machines, amuse- ment machines designed exclusively for children, and all other coin-operated machines which dispense or vend music, service, food or merchandise. . Section 4~-2. License required It shall be unlawful for any owner, manager, employee or representative of the owner or lessee or any person who may be in charge and having care and management of any place of busi- ness covered under this Article, to open, operate or conduct the same without having first paid to the City, an annual occupational tax as hereinafter provided, and secured a license as specified herein. Section 4~-3. License application An applicant for a license under this section shall sub- mit a sworn application to the City Clerk containing: e (1) the name, home address and principal business address of each owner of the business or enterprise through which the coin-operated amusement machines are owned and operated, if such business or enterprise be unincorporated; or for an incor- porated business or enterprise, such affidavit shall state the name, home address and principal business address of the president, vice president, secretary, treasurer and each director thereof. (2) an affidavit stating (a) in the event the applicant is unincorporated, that each owner has not been convicted of any felonies of any nature or other crimes of moral turpitude in this State or any other state; and if having been so convicted, such affidavit shall contain a full statement as to the place of conviction, date of conviction and crime for which applicant was convicted; (b) in the event the applicant is a corporation, that none of the officers of the corporation have been convicted of any felonies of any nature, or any other crimes of moral turpitude in this State or any other state; and if having been so convicted, such affidavit shall contain a full statement as to the place of con- viction, date of conviction and crime for which applicant was convicted. . . . , Page 3. Ordinance No. 1100 - (3) a verified affidavit that the location of the pro- posed site is not prohibited by deed restrictions. In order to obtain such, it shall be the duty of the applicant to search the records of the County Clerk's Office to insure that this type of business is not prohibited by any deed restrictions. (4) affidavits necessary to support the findings of the City Clerk under Sections 4~-4 and 4~-5. Section 4~-4. Mandatory grounds for refusal of license The City Clerk shall not issue a license under this Article if he finds that (1) the police department does not certify that (a) in the event the applicant is unincorporated, that each owner has not been convicted of any felonies of any nature or other crimes of moral turpitude in this State or any other state; . (b) that none convicted crimes of state. in the event the applicant is a corporation, of the officers of the corporation have been of any felonies of any nature or any other moral turpitude in this State or any other (2) the city building inspector has not certified the proposed site to be greater than five hundred feet (500') from any public or private school, any hospital, any home for the aged or infirm, any funeral parlor or any church. (3) the applicant has not properly ascertained that the proposed site is properly zoned and that this type of business is not prohibited by any deed restrictions; or (4) the city fire marshal has not certified the proposed site as adequate and safe; or (5) the applicant is in default under the provisions of this Article or indebted or obligated in any manner to the City except for current taxes; or e (6) the applicant does not designate and maintain an office in Harris County, Texas; or (7) the required fees have not been paid. Section 4~-5. Discretionary grounds for refusal of license The City Clerk may refuse to issue a license under this Article if: (a) the applicant has intentionally violated a provision of this Article; (b) the applicant has intentionally failed to answer a question, or intentionally made a false state- ment in, or in connection with, his application; (c) issuance of the license would be contrary to the intent and purpose of this Article. . . . Ordinance No. 1100 , Page 4. Section 4~-6. License fees e The fee to be collected by the City of La Porte for the issuance or renewal of a license to operate a game hall shall be the maximum allowed to be collected by cities by the State of Texas, as set forth in V.A.T.S. TAX-Gen. ART. 13.17, Sec. 16 (1) and any amendments thereto, said maximum amounts effective at the passage of this ordinance is: (1) For license for 4 to 50 machines $200.00 $400.00 $500.00 (2) For license for 51 to 200 machines (3) For license for over 200 machines . In addition to the foregoing, the City shall, prior to issuing or renewing a license, collect the maximum occupation tax authorized by statute, on each coin-operated machine exhibited for hire, said maximum amount at the adoption hereof being Seven and 50/100 Dollars ($7.50) per year per machine. Each machine upon which this occupation tax has been paid shall be registered with the City by the owner, such registration to contain the make, model and serial number of each machine. Each machine so registered shall display a decal issued by the City; securely fixed to a non-interchangeable part of the machine. All ad valorem taxes on any and all property, personal or real, necessary to the operation of any game hall must be paid prior to the issuance of any license or permit for said operation. Section 4~-7. City Clerk to collect fees and issue decals It shall be the responsibility of the City Clerk to collect the fees and taxes herein provided for and to issue decals for such machines as are registered in accordance with above provisions. Section 4~-8. Appeal from refusal of license e In the event the City of La Porte shall refuse to grant a license to any applicant under this division, such action shall be final, unless the applicant shall, within ten (10) days after the refusal to grant such license, file a written appeal with the City Clerk addressed to the City Commission, requesting a hearing upon the question as to whether or not his application shall be granted. In the event such appeal is filed, the City Clerk shall provide the Commission with a record of all pro- ceedings theretofore had with reference to the application, including the written application, together with the action of the City Clerk and the reasons for such action. The City Commission shall, within thirty (30) days, grant a hearing thereon to determine the correctness of the action of the City Clerk, at which hearing, the Commission may make such in- vestigation as it may see fit, whether all the pertinent facts appear in the application or not. Within seven (7) days after final adjournment of the hearing, the City Commission shall cause a written deduction of its judgment thereon to be filed with the City Clerk. Section 4~-9. posting of license A license issued under this division shall be posted in a prominent place in the game hall for which it is issued. . e . Ordinance No. 1100 , Page 5. Section 4~-10. Transfer of license - (1) New location. A license issued under this ordinance may be transferred to a different location upon sworn applica- tion and payment of a ten dollar ($10.00) transfer fee. Provided, however, that the new location is shown in the application to meet all requirements for original approval of a proposed site. (2) New ownership. Any license issued under the pro- visions of this Article shall not be subject to transfer, assignment or conveyance, and upon such attempted transfer, assignment or conveyance, the same shall become immediately void. Section 4~-11. Term of license A license issued under this Article shall be valid from January 1st or the time of its issuance through December 31st of each calendar year, unless suspended or revoked. . Section 4~-12. License renewal (1) Every licensee under this ordinance shall, on or before the fifteenth day of December of each year preceding the expiration of the license hereunder, file an application for renewal of such license in a form which shall be prescribed by the City Clerk. (2) In the event the applicant shall fail to file such application for renewal, then such license issued hereunder shall automatically expire and terminate on the first day of January of the next succeeding year. Section 4~-13. License does not grant vested rights No license granted under the terms of this division shall be deemed the granting of a vested right, but such license shall remain subject to the terms and provisions of this Article and subject to such future regulations as shall be promulgated by the City Commission by Ordinance. . Section 4~-14. Suspension or revocation of license The City Clerk shall suspend or revoke the license of a licensee if during the time for which the license was issued, the licensee comes into violation of the terms provided for issuance under Sections 4~-4 and 4~-5, or any term of this Article, or of any law of the City or the State. In order to do so, the City Clerk shall, at any time, give notice in writing to the operator, licensee, manager, or other person in control of the operation and maintenance of such game hall that the license issued for the operation and maintenance of such hall has been revoked, stating therein the reason or reasons for such revocation. Such notice of revocation shall become a final revocation after the expira- tion of ten (10) days from the date of the service of same upon the operator, licensee, manager or other person in charge of the game hall, unless, on or before the expiration of such ten (10) days, the licensee, operator, manager or other person in charge of the hall shall file with the City Clerk a written '. e . Ordinance No. 1100 , Page 6. e appeal addressed to the City Commission in which it is requested that the Commission grant him a hearing upon the question of whether or not the license shall be revoked. Such appeal, if made and filed as prescribed herein, shall operate as a stay or postponement of the revocation, until such time as the Commission shall grant a hearing and make final adjudication upon the question of whether or not the license should be revoked. Such hearing shall be held within thirty (30) days after the date of the filing of the appeal. Within seven (7) days after final adjournment of the hearing, the Commission shall cause a written deduction of its judgment thereon to be filed with the City Clerk. Such action and judgment of the Commission, after hearing all the evidence and facts, shall be final and conclusive as to all parties, and shall be, in all cases, by a majority vote. Section 4~-15. Occupational tax . (1) 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, an annual occupational tax in the amount of seven dollars and fifty cents ($7.50). Such occupational tax shall be payable to the City Clerk on or before the fifteenth day of December for the next succeeding calendar year. (2) The City Clerk shall issue a 'certificate evidencing payment of such occupational tax, and such certificate shall be securely attached to the machine in a manner that will require continued application of steam and water to remove the same, or such certificate shall be posted in a conspicuous place at or near the machine so as to be easily seen by the public. The certificate affixed to the machine shall be valid only for the machine which must be identified by serial number. Any game hall operator who shall exhibit or display within the City, any skill or pleasure oriented coin-operated machine without having annexed or attached thereto a valid certificate issued by the City Clerk, showing payment of the tax due thereon for the current year, shall be deemed to have violated this Article. e (3) The occupational tax provided for hereunder shall not be subject to proration or reduction for payment for a period less than twelve (12) calendar months. (4) The owner of any room, hall, building, tent, or any enclosed or partially enclosed space in which is exhibited for hire, revenue, fee or gain of any kind fewer than four (4) skill or pleasure oriented coin-operated machines shall not be exempt from the payment of occupational tax. Provided, however, that religious, charitable, educational or benevolent organizations, as defined in Section 4~-1, shall be exempt from the payment of this tax. Section 4~-l6. Nonpayment of occupational tax . (1) The City Clerk 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 of five dollars ($5.00) for release of any machine sealed, as provided herein, for nonpayment of the tax. . e Ordinance No. 1100 , Page 9. Section 3. Any person as defined in Texas Penal Code - Section 1.07 (27) who shall violate any provision of this Ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed Two Hundred Dollars ($200.00). Each day any violation of this Ordinance shall continue shall constitute a separate offense. Section 4. This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Clerk shall give notice of the passage of this ordinance by causing the caption hereof to be published in the official newspaper in the City of La Porte at least twice within ten (10) days . after the passage of this ordinance. Section 5. All ordinances or parts of ordinances in conflict herewith are hereby repealed. PASSED AND APPROVED, this the 19th day of December, 1977. cITYOF~ _ ~ - ---- -=:::J J. J. Meza, Mayor * ATTEST: ~~ City Cle e APPROVED: City Attorney . . - Ordinance No. 1100 , Page 8. e (2) The violation of subsection (1), above, shall cause immediate suspension of a license granted under this Article. Section 4~-24. Game hall operator responsible for violations of this Article Any game hall operator who permits, allows or in any manner condones a violation of any provision of this Article shall be guilty of a misdemeanor and upon conviction thereof be fined not less than One Hundred and No/IOO Dollars ($100.00) nor more than Two Hundred and No/100 Dollars ($200.00). Section 4~-25. Game hall employees subject to penalties Any employee of a game hall who violates or permits patrons or customers of said game hall to violate any pro- vision of this Article shall be guilty of a misdemeanor and, upon conviction thereof shall be fined not less than Fifty and No/100 Dollars ($50.00) nor more than Two Hundred and No/IOO Dollars ($200.00). . Section 4~-26. Change in corporate structure or address of owner Every person licensed under this Article, 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 be unincorporated, or if such business or enterprise be incor- porated, 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 Clerk 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 incor- porated business or enterprise and such change of home address or principal business address of any officer or director thereof. Section 2. If any section, sentence, phrase, clause, or e any part of any section, sentence, phrase, or clause, of this ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this Ordinance, and it is hereby declared to be the intention of this City Commis- sion to have passed each section, sentence, phrase, clause, or part thereof, irrespective of the fact that any other section, sentence, phrase or clause, or part thereof, may be declared invalid. '. . . Ordinance No. 1100 , Page 7. e (2) 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 misdemeanor and shall be in violation of this Article. Section 4~-17. Moving of machine which has tax certificate It shall be unlawful to move a skill or pleasure oriented coin-operated machine to a different place of business in the City without prior written notification to the City Clerk. Section 4~-18. Hours of operation The doors of any game hall shall remain closed to the public and no patrons thereof shall be on the premises except during the following hours: Mondays through Fridays Saturdays Sundays 2:30 P.M. to 10:00 P.M. 9:00 A.M. to 11:00 P.M. 1:00 P.M. to 10:00 P.M. - Section 4~-19. Unobstructed view to interior Every game hall 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 sixty- five per cent (65%) of said side, that is more than three (3) feet above sidewalk grade and not more than seven (7) feet above sidewalk grade, shall be of transparent glass, unobscured by obstructions. Section 4~-20. Noise No sound of any nature shall be audible beyond the limits of a place of business covered under this Article. Section 4~-21. Lighting e Lighting shall be maintained at an intensity of not less than thirty (30) foot candle power, three (3) 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. Section 4~-22. Gambling prohibited No person shall gamble, wager or bet on the outcome of any activity engaged in on the premises of a game hall, nor shall any operator, employee, owner or licensee permit any such gamble, wager or bet to be conducted on said premises. Section 4~-23. Alcoholic beverages and controlled substances (1) No operator, owner, manager or employee shall, knowingly or recklessly, permit any person to possess, use or sell any illegal controlled substance or any alcoholic beverage on the premises. .