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HomeMy WebLinkAboutO-1983-1100-C e . e . . . ORDINANCE NO. llOO-C AN ORDINANCE AMENDING CHAPTER 4 1/2, ARTICLE 1, SECTION 4 1/2-1, ET. SEQ. OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, ADDING DEFINITIONS OF SCHOOL YEAR AND SUMMER, AND AMENDING THE DEFINITION OF GAME HALL: FURTHER AMENDING CHAPTER 4 1/2, ARTICLE 1, SECTION 4 1/2-18, BY CHANGING THE HOURS OF OPERATION THAT GAME HALLS AS DEFINED MAY REMAIN OPEN, AND RESTRICTING THE HOURS OF OPERATION OF ANY SKILL OR PLEASURE ORIENTED COIN OPERATED MACHINE IN COMMERCIAL ESTABLISHMENTS: ADDING A NEW SECTION TO CHAPTER 4 1/2, ARTICLE I, BEING SECTION 4 1/2-27, SAID NEW SECTION REQUIRING A NOTICE TO BE CONSPICUOUSLY PLACED ON ALL SKILL OR PLEASURE ORIENTED COIN OPERATED MACHINES DESIGNATING THE HOURS SAID MACHINES ARE TO BE USED BY MINORS: 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): CONTAINING A SEVERABILITY CLAUSE: FINDING COMPLIANCE WITH THE OPEN MEETING LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Chapter 4 l/2, Article 1, Section 4 1/2-1, of the Code of Ordinances of the Ci ty of La Porte is hereby amended, by adding thereto definitions of school year and summer, and by amending the definition of game hall to include those halls (as defined) which operate four (4) or more skill or pleasure-oriented coin operating machines, to hereafter read read as follows, to-wit: "Section 4 1/2-1. Definitions. (A) Game hall,. A game hall is any room, hall, building, tent or 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 article: (1) 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, e e e . . . Ordinance No. 1100-C, page 2. to own, or lease or rent from another, a skill or pleasure-oriented machine for the corporation's or association's exclusive use and in furtherance of the purposes for which it is established. (2) Establishments operating under a mixed beverage permit from the Texas Alcoholic Beverage Commission shall be exempted from the terms of this Ordinance. (B) Game hall operator. A game hall oper- ator 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 char- acter 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 dis- pensing or vending of merchandise or music, or service, or food or merchandise. (1) The following machines are expressly included within said term: Marble ma- chines, 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. (2) The following machines are expressly excluded from the terms of this article: Pay telephones, pay toilets, phonographs, pianos, graphophones, gas meters, food or beverage or confection or merchandise or stamp vend machines, amusement machines designed exclusively for young children, and all other coin-operated machines which dispense or vend music, service, food or merchandise. (Ord. No. llOO, Sl, l2-l9-77) (0) School Year. That 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. . . e Ordinance No. 1100-C, page 3. (E) Summer. That period of time from the end of classes in the La Porte Independent School District in May, until the commence- ment of classes the following August." Section 2. Chapter 4 1/2, Article 1, Section 4 1/2-l8 of the Code of Ordinances of the City of La Porte is hereby amended to hereafter read as follows, to-wit: e "Section 4 1/2-18. Hours of operation. The doors of any game hall shall remain closed to minors, and no minor shall be on the premises, except during the following hours: SCHOOL YEAR Mondays through Thursdays Fridays Saturdays Sundays 2:30 P.M. to lO:OO P.M. 2:30 P.M. to l2:00 P.M. 9:00 A.M. to l2:00 P.M. l:OO P.M. to 10:00 P.M. SUMMER Mondays through Fridays Saturdays Sundays ll:OO A.M. to 12:00 P.M. 9:00 A.M. to 12:00 P.M. 1:00 P.M. to lO:OO P.M. e Further, no minor shall be permitted to operate any skill or pleasure-oriented coin operated machine in any commercial establishment, except for the dates and hours above enumerated." Section 3. A new section, Chapter 4 l/2, Article I, Section 4 l/2-27, is hereby added to the Code of Ordinances of the City of La Porte, being entitled "Notice Required on Machines", to hereafter read as follows, to-wit: "section 4 1/2-27. Notice Required on Machines. . (A) Every skill or pleasure-oriented coin operated machine as defined in this Article shall have permanently affixed to it in a . . e Ordinance No. 1100-C, page 4. conspicuous place, a five inch by seven inch inch placard bearing the following notice: NOTICE: This machine may not be operated by any person under the age of eighteen (18) years, except during the following hours: SCHOOL YEAR Mondays throug h Thursdays 2:30 P.M. to lO:OO P.M. Fridays 2:30 P.M. to 12:00 P.M. . saturdays 9:00 A.M. to 12:00 P.M. Sundays l:OO P.M. to 10:00 P.M. SUMMER Mondays through Fridays ll:OO A.M. to 12:00 P.M. Saturdays 9:00 A.M. to 12:00 P.M. Sundays 1:00 P.M. to lO:OO P.M. (B) Failure to place the notice as required herein shall cause immediate suspension of any license granted under this Article." Section 4. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this e 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 Council to have passed each section, sentence, phrase or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase or clause, or part thereof, may be declared invalid. Section 5. The City Council officially finds, deter- mines, recites and declares that a sufficient written notice e of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at e . . .,' e . . Ordinance No. 1100-C, page 5. the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings laW, Article 6252-17, Texas Revised Civil statutes Annotated: 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 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 Two Hundred Dollars ($200.00). Section 7. 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 in the Ci ty of La Porte at least twice wi thin ten (10) days after the passage of this ordinance. .:..~~ PASSED AND APPROVED this the 6th day of April, 1983. CITY OF LA PORTE . . rl.. ~ t ' , By u~ ) . ~nla C lne, Mayor . . e Ordinance No. 1100-C, page 6. ATTEST: ~~ Assistant C~ty Secretary e APPROVED: e ..