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HomeMy WebLinkAboutORD 09.14.1976 - Amusement Devices100 AN ORDINANCE RELATING TO LICENSING, TAXATION, INSPECTION, SUPER- VISION AND REGULATION OF, THE OWNING AND OPERATING FOR PROFIT- OF ROFIT OF ANY AUTOMATIC AMUSEMENT DEVICES, CONTAINING DEFINITIONS, PRO- VIDING FOR THE LEVY AND COLLECTION OF AN ANNUAL OCCUPATION TAX, WITH CERTAIN EXEMPTIONS; PROVIDING THAT THE OPERATION OF AUTOMATIC AMUSTMENT DEVICES SHALL BE LOCATED ON. THE GROUND FLOOR OR STREET LEVEL ONLY OF ANY BUILDING OR PREMISES; PROHIBITING THE USE OF PART- ITION OBSTUCTING THE VIEW OF ANY PART OF THE PREMISES LICENSED HEREIN AND IN WHICH ANY AUTOMATIC AMUSEMENT DEVICE IS OR ARE DISPLAYED, OWNED OR OPERATED, WITH CERTAIN EXEMPTIONS; PROVIDING FOR THE HOURS OF OPERATION; PROHIBITING THE SALE, USE OR CONSUMP- TION OF ANY ALCOHOLIC BEVERAGE OR BEVERAGES IN, ON OR ABOUT THE PREMISES IN WHICH ANY AUTOMATIC AMUSEMENT DEVICE IS OR ARE OPERATED FOR PROFIT; PROVIDING FOR - THE SUPERVISION AND INSPECTION OF ANY ESTABLISHMENT OR THE PREMISES IN OR ON WHICH ANY AUTOMATIC AMUSE- MENT DEVICES ARE OWNED AND OPERATED FOR PROFIT; PROVIDING FOR' THE ISSUANCE OF A LICENSE AND FIXING THE FEES THEREFOR; PRESCRIBING THE QUALIFICATIONS OF LICENSEES; PROVIDING FOR THE CANCELLATION OR REVOCATION OF LICENSES ISSUED HEREUNDER; PROVIDING FOR APPEALS UPON CANCELLATION OR REVOCATION OF LICENSES, DESIGNATING THE CITY MANAGER AND THOSE DESIGNATED BY HIM TO MAKE INSPECTIONS; PROVIDING FOR A FINE OF NOT MORE THAN $200.00 UPON CONVICTION OF THE VIOLATION OF -ANY PROVISION OR PROVISIONS OF THIS ORDINANCE; PRO- VIDING A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES IN CONFLICT WITH THIS ORDINANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS: Section 1: The term "mechanical amusement device: is hereby defined to be each machine which, upon the insertion of a coin, trade -token or slug, operates or may be operated as a game or contest or skill or amusement of any kind or description and which contains no automatic payoff device for the return of money or trade -token or slug, or which makes no provision whatever for the return of money to the player. A "mechanical amuse- ment device" is hereby further defined as any machine, apparatus or contrivance which is used or which may be used as a game of skill and amusement wherein or whereby the player initiates, employs or directs any force generated by the machine. The term "mechanical amusement device" as used in this ordinance shall not include machine vending recorded music in return for the insertion or deposit therein of a coin, or trade -token or slug, but nothing contained in this ordinance shall in any way limit the City Council from the passage of an ordinance or ordinances regulating such devices. Section 2: License: It shall be unlawful for any person, firm, association of persons, corporations and every other organization, save and except religious, charitable or educational organizations, authorized under the laws of the State of Texas, to own and operate, for profit, any mechanical amusement device or devices as such terms are herein defined, within this City without having first obtained an appropriate license from the City Secretary, as herein provided, which license shall at all times be displayed in some conspicuous place within the licensed place of business. No license shall be issued to any person except a person of good character approved by the City Council. The City Council may delegate to the City Manager the responsibility of approving applicants. Section 3: License Fees: The City Secretary is authorized to collect the following annual icense fee for each location on which a mechanical amusement device or devices is or are owned and operated for profit, to -wit, the sum of $60.00 for each license issued and like sum for each renewal thereof. Section 4: Term of Licenses: Any license issued pursuant to this Ordinance shall be for one year and shall be non-transferrable. Section 5: Tax: There is hereby levied an annual occupation tax of $2.50 for each mechanics amusement device or devices owned and operated for profit within this City by any person, firm, association of persons, corporations and every other organization, save and except religious, charitable and educational organizations authorized under the laws of the State of Texas, and the tax levied herein shall be paid to the Tax Collector of the The powers of the City Council under this paragraph may be delegated to the City Manager. Section 9: Partitions: It shall be unlawful to erect or construct on the licensed premises, any partition or partitions obstructing the view of any part of the building or premises licensed herein, or cutting the building into two or more rooms by constructing partitions therein, in which a mechanical amusement device or devices is or are displayed, owned and operated for profit, provided, however, that toilets or other sanitary facilities shall be enclosed and ade- quately ventilated in accordance with health, plumbing, sanitary and other applicable ordin- ances of this City. _ . Section 10: Location: Places of business governed by this ordinance shall be located on the ground floor or street level only of any building and shall not be licensed for any other floor than the ground or street level floor. Section 11: Inspections: The City Manager shall appoint or designate the City Building Inspector and o ers to make periodic inspections of the licensed premises, whose duty shall be to determine compliance with the building provisions, the maintenance of toilets and other sanitary facilities and compliance with the health, plumbing, sanitary and other applicable ordinances of this City. Section 12: Penalties: Any person, firm, association of persons, corporations or every other organization licensed hereunder violating any provision of this Ordinance shall be guilty of a misdemeanor and upon conviction shall be fined not more than $200.00. Section 13: Severability: It any section, sub -section, paragraph, sentence, clause, phrase or work in this Ordinance or application thereof to any person or circumstance is held invalid, such holding shall not affect the validity of the remaining portions of the Ordinance and the City Council hereby declares it would have passed such remaining portion of the Ordinance despite such invalidity. City who shall issue an occupation tax receipt. Said occupation tax receipt shall specify the number of mechanical amusement device or devices for which issued; the address of the building or premises in or on which such table or tables are located and shall bear the serial number or numbers, if any, of the particular device or devices. Such occupation tax shall have and bear no relation to any license or fees provided herein, said license fee being required to provide proper official supervision and inspection for the premises. Section 6: Hours of Operation: No person may engage in the operation for profit of any mechanical amusement device or devices within this City on Weekdays except between the hours of 6:00 A.M. to midnight and on Saturday from 6:00 o'clock A.M. to 1:00 o'clock A.M.; provided, however, that such mechanical amusement device or devices may be operated on Sundays only between the hours of 1:00 o'clock P.M. and 6:00 o'clock P.M. = _ Section 7: Alcoholic Beverages: The sale or use of alcoholic beverage or beverages by anyone in or on the premises licensed hereunder is hereby prohibited. The "premises" shall include the building or buildings and the driveways, sidewalks and appurtenances. No person, firm, association of persons, corporations,, and any other organizations authorized under the laws of the State of Texas, licensed, shall knowingly permit the sale, use or consumption of any kind of alcoholic beverage or beverages in or upon the premises for which a license has been issued, as provided in this Ordinance. Section 8: Revocation of License: The City Council is hereby authorized and empowered to revoke or cancel the license of any person, firm, association of persons, corporations and every other organization authorized under the laws of the State of Texas, licensed to rU own and operate a mechanical amusement device or devices hereunder, after giving such licensee ten days notice of a hearing and after conducting such hearing for the purpose of ap determining whether such license should be revoked, provided, however, that such power of s.7 cancellation or revocation shall be exercised only under the following conditions: rZ (a) For the violation of any of the provisions of this ordinance. (b) For knowingly permitting the sale, use or consumption of any alcoholic beverage or beverages in or upon the premises licensed hereunder; (c) For violation of the prescribed hours of operation provided herein; (d) For knowingly permitting the presence on the premises of a person or persons under the influence of intoxicating liquor; (e) For knowingly permitting disorderly conduct or immoral practices on the premises; (f) For knowingly permitting the violation of the law or laws of the State of Texas or of the Ordinance of this City. The powers of the City Council under this paragraph may be delegated to the City Manager. Section 9: Partitions: It shall be unlawful to erect or construct on the licensed premises, any partition or partitions obstructing the view of any part of the building or premises licensed herein, or cutting the building into two or more rooms by constructing partitions therein, in which a mechanical amusement device or devices is or are displayed, owned and operated for profit, provided, however, that toilets or other sanitary facilities shall be enclosed and ade- quately ventilated in accordance with health, plumbing, sanitary and other applicable ordin- ances of this City. _ . Section 10: Location: Places of business governed by this ordinance shall be located on the ground floor or street level only of any building and shall not be licensed for any other floor than the ground or street level floor. Section 11: Inspections: The City Manager shall appoint or designate the City Building Inspector and o ers to make periodic inspections of the licensed premises, whose duty shall be to determine compliance with the building provisions, the maintenance of toilets and other sanitary facilities and compliance with the health, plumbing, sanitary and other applicable ordinances of this City. Section 12: Penalties: Any person, firm, association of persons, corporations or every other organization licensed hereunder violating any provision of this Ordinance shall be guilty of a misdemeanor and upon conviction shall be fined not more than $200.00. Section 13: Severability: It any section, sub -section, paragraph, sentence, clause, phrase or work in this Ordinance or application thereof to any person or circumstance is held invalid, such holding shall not affect the validity of the remaining portions of the Ordinance and the City Council hereby declares it would have passed such remaining portion of the Ordinance despite such invalidity. 102 Section 14: Repealing Clause: All Ordinances or parts of Ordinances in conflict here- with are expressly' repealed.!.- • PASSED ON the firest reading on the 10th day of August, 1976, and passed on the second reading on the 14th day of September, 1976: r Jon C. Doerfler, Mayor ATTEST: Ri va%�/,%