HomeMy WebLinkAboutORD 09.14.1976 - Mechanical DeviceAN ORDINANCE RELATING TO LICENSING,
TAXATION, INSPECTION, SUPERVISION AND
REGULATION OF THE OWNING AND OPERATING
FOR PROFIT OF ANY AUTOMATIC AMUSEMENT
DEVICES, CONTAINING DEFINITIONS,
PROVIDING FOR THE LEVY AND COLLECTION
OF AN ANNUAL OCCUPATION TAX, WITH CERTAIN
EXEMPTIONS; PROVIDING THAT THE OPERATION
OF AUTOMATIC AMUSEMENT DEVICES SHALL BE
LOCATED ON THE GROUND FLOOR OR STREET
LEVEL ONLY OF ANY BUILDING OR PREMISES;
PROHIBITING THE USE OF PARTITION OBSTRUCTING
THE VIEW -QF 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 CONSUMPTION 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 AMUSEMENT 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 DESIGNAATED 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; PROVIDING A SEVERABILITY CLAUSE;
REPEALING A�L ORDINANCES IN CONFLICT WITH THIS
ORDINANCE. 1
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-tiich, 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 amusement 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.
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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 license 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 a 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 mechanical 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 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
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numbercr 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 operated on Sundays only between the hours of
1:00 o'clock P.M. and 6:00 olclock F.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 hereunder, 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 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
determining whether such license should be revoked, provided,
however, that such power of cancellation or revocation shall be
exercised only under the following conditions:
(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 part=itions
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 adequately ventilated in accordance with health,
plumbing, sanitary and other applicable ordinances 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 ll,* Inspections: The City Manager shall appoint
or designate the City Building Inspector and others 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.
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Section 12 Penalties: Any person, firm, association of
persons, corporations or every other organization licensed here-
under 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: If any section, sub -section,
paragraph, sentence., clause, phrase or word 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.
Section 14: Repealing Clause: All Ordinances or parts
of Ordinances in conflict herewith are expressly repealed.
E4SSED ON the first reading on the day of #I
A.,
1976, and passed on the second reading on the-- day of
?"• ,
1976.
, MAYOR
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