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HomeMy WebLinkAboutOrdinance 0658 #" ~. ORDINANCE NUMBER 658 AN ORDINANCE REGULATING THE OPERATION OF POOL, BILLIARD, RECREATION, OR AMUSEMENT CENTERS; DEFINING SAME; PRESCRIBING THE LOCATION THEREOF, CONSTRUCTION THEREOF, HOURS AND TERMS OF OPERATION THEREOF, AND PROVIDING FOR INSPECTIONS, LICENSE APPLICATION THEREFOR, INVESTIGATION THEREUNDER FEE THEREFOR; PROVIDING FOR APPEALS, FOR REFUSAL OF LICENSE, PROVIDING FOR LICENSE, AND PRESCRIBING A PENALTY FOR VIOLATION THEREOF AND DECLARING AN EMERGENCY SECTION I. DEFINITIONS For the purpose of this ordinance, the following words and phrases shall have the meanings herein ascribed to them: Pool, Billiard, Recreational, or Amusement Centers. The term IIpool, billiard, recreation, or amusement centerll shall mean and include any building, room, place or establishment of any nature or kind whatsoever by whatever name called, where billiard tables or any type of three (3) or more coin-operated machines used primarily for purposes of amusement or entertainment are operated for pro- fit whether the same be operated in connection with any other lawful business or not, save and except religious, charitable or educational organizations author- ized to operate in that capacity under the laws of the State of Texas. This de- finition shall specifically exclude coin operated machines commonly known as jukeboxes if said machine amuses and entertains by playing recording of music only and does not have any other amusing or entertaining feature. SECTION II. COMPLIANCE WITH ARTICLE The operation of any public pool, billiard, recreational, or amusement center shall be in the manner and under the conditions as prescribed by this ordinance. SECTION III. LOCATION NEAR CHURCH, SCHOOL, OR RESIDENCE No public pool, billiard, recreational, or amusement center shall be operated in the city within two hundred (200) feet of a church, school, hospital, or within one hundred (100) feet of a private residence. The two hundred (200) or the one hundred (100) feet measurement shall be made from the closest point of the school, hospital, church, or private residence building to the closest point of the build- ing containing such pool, billiard, recreational, or amusement center. SECTION IV. TO BE LOCATED ON GROUND FLOOR; VISIBILITY FROM FRONT All public pool, billiard, recreational, or amusement centers shall be located on the ground floor and the front of the room or rooms where pool or games are play- ed shall be constructed, exclusive of the area from the ground up 3611, in such a manner that at least sixty per cent (60%) of the front is covered with a trans- parent material in order that the operation of same and the playing of pool or games are clearly visible to those persons passing in front of such public pool, billiard, recreational, or amusement center. .. . ~ SECTION V. PARTITIONS; SANITARY FACILITIES It shall be unlawful for any person to erect or construct on any premises or to cut the building into two (2) or more rooms by constructing partitions therein. This section shall not apply to sanitary facilities which shall be enclosed and adequately ventilated in accordance with the health, plumbing, sanitary and building ordinancnes of the city. SECTION VI. HOURS OF OPERATION No person shall engage in the operation of any public pool, billiard, recreational, or amusement center within the city between 10:00 P.M. and 7:00 A.M. Monday through Thursday, and between 12:00 Midnight and 7:00 A.M. on Friday and Saturday nights; provided, however, that such table or tables or machines not be operated on Sunday, except during the hours between 1:00 P.M. to 6:00 P.M. SECTION VII. GAMBLING; LIQUOR No person while in a pool, billiard, recreational, or amusement center shall gamble, or make any bet, or drink or have in his possession any intoxicating liquor, beer, wine, or alcoholic beverage, nor shall any person be under the influence of any intoxicating liquor, beer, wine or alcoholic beverage. SECTION VIII. MINORS No person under the age of eighteen (18) will be permitted to attend any pool, billard, recreational, or amusement center during a time that the public schools in the City are in session. SECTION IX. INSPECTIONS The chief of police shall have authority to appoint or designate a person to make periodic inspections of premises licensed under this article for the purpose of determining whether or not such premises are in compliance with the health, plumb- ing and sanitary and other ordinances of the city. SECTION X. REQUIRED It shall be unlawful for any person to operate, for profit or personal gain, any public pool, billiard, recreational, or amusement center in the city without first obtaining a license from the city secretary for such purposes. SECTION XI. APPLICATION GENERALLY (a) Any person desiring a license to operate a pool, billiard, recreational, or amusement center shall file with the city secretary a written, sworn appli- cation for such license, which application shall state: (1) The location, by street and number, of the place, space or building and room or floor, and the size of such room or space, which is pro- posed to be used for such purpose, and the name and address of the applicant. (2) I ,. '" (2) If the applicant is an individual, that he is a law-abiding, tax- paying citizen of the state; that he has not been convicted of a felony, or, if he has, the nature of the offense; and the length of his residence in the city. (3) If the applicant is a firm, association or partnership, all of the information prescribed in paragraph two (2) of this subsection as to each individual composing the firm, association or partnership. (4) If the applicant is a corporation, that the applicant is organized and chartered under the corporation laws of the state applicable to such corporation, or, if a foreign corporation, that such corpora- tion has complied with the laws of the state applicable to such corporation and the same information with reference to the operator or person in charge of the operation of the public pool, billiard, recreational, or amusement center to be licensed as is prescribed in paragraph two (2) of this subsection. In addition thereto, a statement as to the names of the incorporators or stockholders, and the amount of interest owned by each. (5) The previous occupation or employment of the applicant for a period of five (5) years next preceding the filing of his application. (b) The information given in such application is for the purpose of determining whether or not the applicant is a fit and proper person to operate a public pool, billiard, recreational, or amusement center. It shall be unlawful to misrepresent the kind and character of pool, billiard, recreational, or amusement center to be operated, or any other fact or statement made in such application, and any misrepresentation of any person, club or organization for the purpose of avoiding the provisions of this article shall, in addi- tion to the other penalties prescribed by law, be cause for revocation of the license. SECTION XII. INVESTIGATION AND APPROVAL OF APPLICATION BY CHIEF OF POLICE No license shall be granted pursuant to this division unless it shall appear, upon investigation by the chief of police that the premises to be used for the purpose of operating a public pool, billiard, recreational, or amusement center comply with the laws of the state and the ordinances of the city regulating health and sanitation, the fire regulations, the zoning regulations and the building code. SECTION XIII. TAX, TERM OF LICENSE There shall be a tax of one-half (~) the amount levied by the state for the iss- uance of each license for a term of one (1) year and such license shall expire on December 31st of each year. Such amount shall not be prorated, regardless of the time the license is issued or the duration thereof. SECTION XIV. FEES The following fee shall be charged for each license issued under the terms of this Chapter: (a) For a pool, billiard, recreational, or amusement center as defined in Section I, the fee shall be $25.00. (3) ." . (b) For each pool, billiard, recreational, or amusement center there shall be an additional fee of $7.50 per table or machine. SECTION XV. ISSUANCE OR REFUSAL In the event the chief of police fails to approve the issuance of a license to any applicant under this division, the action of such official 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 manager, addressed tOI the city council, requesting a hearing by the council upon the question as to whether or not his application shall be granted. In the event such appeal is filed, the chief of police shall provide the council with a record of all proceedings there- of had with reference to the application in question, including the written application, together with the action of the chief of police and the reasons for such action. The council shall, within thirty (30) days, grant a hearing there- on to determine the correctness of such action, at which hearing the council may make such investigation as it may see fit, whether or not all the pertinent facts appear in the application. It shall be discretionary with the council as to whether or not a license shall be granted and such action as the council may take thereon shall be final and conclusive. SECTION XVI. DOES NOT CONFER VESTED RIGHTS The granting of any license under the terms of this division shall in no event be construed as the granting or conferring of any vested rights to the licensee or operator, but shall be subject to revocation, cancellation or suspension as pro- vided in Section XIX. SECTION XVII. RULES It shall be unlawful for any person to operate a pool, billiard, recreational, or amusement center at any hour other than those heretofore stated in Section VI. (a) It shall be unlawful for the operator of any pool, billiard, recreational, or amusement center to permit any vagrant to be present at such establish- ment. (b) The operators of a pool, billiard, recreational, or amusement center shall not permit the violation of any of the terms of the ChaRter. SECTION XVIII. RENEWAL Before a public pool, billiard, recreational, or amusement center license shall be renewed, the person requesting such renewal shall make application for such renewal and the renewal shall be subject to all of the requirements and condi- tions as an original application for a pool, billiard, recreational, or amuse- ment center license, and the renewal of the license shall not be granted with- out the approval of the city manager as is required in the case of original applications, and without the payment of the tax provided in Section XIII. SECTION XIX. REVOCATION, CANCELLATION OR SUSPENSION If a public pool, billiard, recreational, or amusement center licensed under the provisions of this division is not being conducted in accordance with the laws ( 4 ) . , ~ . . . of the state or this article, or is being conducted in violation of the laws of this state or this article, the chief of police may, at any time, give notice in writing to the operator, licensee, manager of other person in control of the operation and maintenance of such public pool, billiard, recreational, or amuse- ment center that the license issued for the operation and maintenance of such pool, billiard, recreational, or amusement center has been revoked, cancelled or suspended. The notice of revocation, cancellation, or suspension shall be- come a final revocation, cancellation or suspension after the expiration of ten (10) days from the date of the service of same upon the operator, licensee, manager or other person in charge, unless, on or before the expiration of such ten (10) days, the licensee, operator, or manager or other person in charge shall file with the city manager a written appeal addressed to the city council in which it is requested that the council grant him a hearing upon the question whether or not the license shall be cancelled, revoked, or suspended. Such appeal shall operate as a stay or postponement of the revocation, cancellation, or sus- pension of the license issued, until such time as the council shall grant a hear- ing and make a final decision. Such hearing shall be held within thirty (30) days after the date of the filing of such appeal, and the action and judgement of the council, after hearing all of the evidence and facts, shall be final and conclusive as to all parties. SECTION XX. PENALTY Any person who violates any portion of this ordinance, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined in a sum not less than ten dollars ($10.00) nor more than two-hundred ($200.00) dollars; each day of the violation shall constitute a separate offense. SECTION XXI. EMERGENCY CLAUSE In order to protect the health, safety and welfare of the citizens of the City of North Richland Hills this ordinance is hereby adopted as an emergency meas- ure and shall be in full force and effect from and after this date of passage. PASSED AND APPROVED THIS 28th day of March 1977, A.D. APPROVED: ATTEST: / ~ £: r2~/7?///ø Mayor / /! '-d- ~;<-;Î . ~./da.¿C/~{J¿/' // /c~Æ-/ 0'ty Secretary (/ APPROVEO AS TO FO~ND LE~ ~ City A~ ~ (5) WANT AD INVOICE From The FORT WORTH STAR-TELEGRAM, Fort Worth, Texas To City of North Richlann Hil19 7301 N. E. Loop 820 Ft. Worth, TX 76118 ---- -'- -·-___c> Date stñrh:~d Ap r 1, 77 To expire Apr 1. 77 A~R~\~AN~E N~'tiBE'he~ err,30n rpoo~,T,~~, r~re- ~ß~ or a~:se~:rcrlb'i~ í~ 1óè~~I~ tflerec!f;C I'\ r cliO" tlJJrëòT:hòürsanu têi' . r~~~ t~~tll~~Jr~ ther¡fc:..~\ nYestl~tlon der heretor: PrOY or a~a s, tor retusa of.Joc nse, vi i fOr ( . en , a~1V P ,S- fr In r'i j) !na~y 19r YlolaClon ~I not less'lnan ten dollars ;l r~ than ~hy'!' o ~'r¿::t~l:.re~ ~ IIPDfoveclthis 28th day ~rch' '~~:A.D. sIT. . om . ewma. n, Mayor tlest: S/JH~ re . APPRO I r5'f!a'RMAND LEGAL! : s/Rex McEntire . City Att~rneY 27 Lines 1 affidavit How ordered: am Times....... . $ 21.60 1 . 00 22.60 & pm TOTAL Class No. 008 Signed: Gene Dean County of Tarrant } THE STATE OF TEXAS. North Richland Hills Before me, a Notary Public in and for said County and State, this Secretary day personally appeared G e n e R. De a n ~~~ for The Fort Worth Star-Telegram, published by the Carlêr Publications, Inc., at Fort Worth, in Tarrant County, Texas: and who, after being duly sworn, did depose cmd say that the followinq clipping of an advertisement referring to A~R~\NAN~EI~BE~~ er.30n ';"poo , I~II~, recre. ~tlo n~ or a mu¡ent C~nters: f~~~ \!me: scr; ng the r.~o~~~~~~~JtIII~!r t~~r~tr~n I ;lR.l~I~~ der \'ro=' rOVi1k", Vor ma~ íía Vór" II o:~c ~ rrþ¡~'1 j) !n Ylo,CClon $'Tr't not Ie en do~ars ~~~~.O~åýpr~mb:~r;x Pi ra e ~nse. . day ':¡rc~prfp,~'.lr.iS 28th s/Tom t.PÆ~~. Mayór s/JHÆtte ~.:t: trt.Rf~ lrf5'f!ORM AND s/Rex McEntire City Attorney -...J Ornin~n~e # 658, ~;ry nf '-- was published in the above named paper on the fo: Ap r i 1 1, 1 977 am & pm Signed ~ {2 A~ . Secretary Subscribed and sworn to before me, this the-Lday of April C~¿LLcÁ-- / ,::>ij~dLA- / 1977 Notary Public. Tanant County, Texas.