HomeMy WebLinkAboutOrdinance 1047
ORDINANCE NO. 1047
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COIN OPERATED AMUSEMENT MACHINES
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, INVES-
TIGATION THEREUNDER FEE THEREFOR; PROVIDING FOR APPEALS, FOR REFUSAL
OF LICENSE, PROVIDING FOR LICENSE, AND PRESCRIBING A PENALTY FOR
VIOLATION THEREOF.
SECTION
I. DEFINITIONS
For the purpose of this ordinance, the following words and phrases shall have
the meanings herein ascribed to them:
(a) Pool, Billiard, Recreational, or Amusement Centers. The term "pool,
billiard, recreation, or amusement center" 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 or coin-
operated machines used primarily for purposes of amusement or entertain-
ment are operated for profit whether the same be operated in connection
with any other lawful business or not, save and except religious, chari-
table or educational organizations authorized to operate in that capacity
under the laws of the State of Texas.
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. (b) Billiard Hall. Any structure where one (1) or more billiard tables are
operated for profit.
(c) Operator. Any person owning, leasing, manáging or controlling inliny
manner a billiard hall or a skill or coin-operated machine establishment.
(d) Skill or Coin-operated Machine. Any coin-operated machine of any kind or
character 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 dispensing or vending
of merchandise, music or service, as those terms are defined in Title 22A
Taxation, General of the Laws of the State of Texas.
(e) Skill or Coin-operated Machine Establishment. Any structure where one
(1) or more skill or coin-operated machines are operated for profit.
(f) Skill or Coin-operated Machine Establishment License. A license issued
to operate a skill or cOin-operated machine establishment.
SECTION
II. EXEMPTIONS FROM TAX
(a) No person shall maintain, display for public patronage, or otherwise keep
for operation by the public, any skill or pleasure coin-operated machine
without first obtaining a permit issued under the terms and conditions of
this article.
SECTION
VII. MINORS PROHIBITED DURING SCHOOL HOURS
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(a) No person under the age of eighteen (18) years will be permitted to
attand any billiard hall during a time that the public schools in the
city are in session.
(b) No person under the age of eighteen (18) years shall play or be permitted
to play any skill or coin-operated machine during a time that the public
schools in the city are in session.
SECTION
VIII. NOTICE POSTED
A permittee hereunder shall affix and prominently display on each coin-
operated machine under his control a sign which shall read "Play by any
elementary or secondary school student during school hours is prohibited.
Violations are'subject to a maximum fine of $500.00".
SECTION
IX. INSPECTIONS
(a) The City Manager 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, plumbing and sanitary and other ordinances of the city.
(b) Officers of the police department. on official duty are authorized and
empowered to enter at any time for the purposes of inspection and for the
preservation of law and order, any billiard hall or skill or coin-
\;.;;r- operated machine establishment within the city.
SECTION
X. PERMIT REQUIRED
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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
application 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
proposed to be used for such purpose, and the name and address of
the applicant.
(2) If the applicant is an individual, that he is a law-abiding citizen
and that he has not been convicted of a felony, or of a minor
misdemeanor, if he has, the nature of the offense.
(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 corpo-
ration 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,
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(b) No permit is required for an individual to own and operate a skill or
pleasure, coin-operated machine for personal use and amusement in his
private residence.
(c) No permit is required for any person to own, maintain or offer for use to
the public any coin-operated pleasure or amusement ~achine designed
exclusively for use by children under the age of ten (10) years, such as
coin-operated riding machines and other related coin-operated machines.
(d) Gas meters, pay telephones, pay toilets, food vending machines, con-
fection vending machines merchandise vending machines, beverage vending
machines, and cigarette vending machines which are now subject to an
occupation or gross receipts tax levied by the State of Texas, stamp
vending machines, and sérvice cain-operated machines, as that term is
defined, are expressly exempt from the tax levied herein.
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 shall be made from the closest point of the
school, hospital, church, or private residence building to the closest point
of the building containing such pool, billiard, recreational, or amusement
center.
SECTION
IV. PARTITIONS
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Once a permit has been issued under ~his ordinance, it shall be unlawful for
any person to erect or construct on a~y premises or to cut the building into
two (2) or more rooms by constructing partitionš therein, if such partrtïons
shall obstruct the view of those engaged in playing the machines in the
establishment from passers by.
SECTION
V. HOURS OF OPERATION
No person shall engage in the operation of any public pool, billiard, recrea-
tional or amusement center within the city between 12:00 midnight and 7:00
A.M. Monday through Saturday nights; provided, however, that such table or
tables or machines shall not be operated on Sunday, except during the hours
between 1:00 P.M. to 6:00 P.M.
SECTION
VI. GAMBLING; INTOXICATION
It shall be unlawful for any person while in a billiard hall or skill or
coin-operated machine establishment to gamble, make bets, consume or have in
his possession any alcoholic beverage, or to be under the influence of any
alcoholic beverage; provided, however, that terms of this section relating to
the possession and consumption of any alcoholic beverage shall not be·appli- .
cable to parties on premises that are operating pursuant to a mixed beverage-
permit issued by the Texas Alcoholic Beverage Commission and zoned for such
use by the city.
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recreational, or amusement center to be licensed as is p~escribed 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 ~is application.
(b) The information given in such application is for the purpose of determin-
ing 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 addition to the other penalties prescribed by
law, be càuse for revocation or non-issuance 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 or his designee(s) 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. ISSUANCE OR REFUSAL
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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) daÿ~ after the refusal to grant
such license, file a written appeal with the City Manager» addressed to the
City Council, requesting a hearing by the Council upon tbe question a~ to
whether or not his application shall be granted. In the event such appeal is
filed, the Chief of Police shall provide the Council witb a record of all
proceedings 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 thereon 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
XIV. 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
provided in Section XVII.
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SECTION XV. REFUNDS OF FEE; ASSIGNABILITY, TRANSFERABILITY OF LICENSE,
REORGANIZATION OF MANAGEMENT.
No refund of any license fee paid in accordance with this article shall be
made by the city for any cause whatsoever. Licenses issued pursuant to this
article shall be deemed personal to the licensee and shall not be assignable;
nor transferrable from one location or place of business to another location.
SECTION
XVI. TERMINATION; RENEWAL.
All licenses issued under the provisions of this article shall automatically
terminate on December 31 of the year issued. A party may obtain a renewal
license by filing an application for renewal with the City Secretary. The
application for renewal shall contain the same information and be processed in
the same manner as a new application in accordance with all of. the above
sections. Renewal fees shall be as set out in section XVrII.
SECTION
XVII. REVOCATION; APPEAL
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If a billiard hall or skill or coin-operated establishment licensed hereunder
is not being conducted in accordance with this article, the laws of the state,
or other ordinance of the City, the City Manager's Office may at any time give
notice in writing to the operator, licensee, manager, or other person in
control of the operation and maintenance of such billiard hall or skill or
coin-operated machine establishment that the license issued for the operation
and maintenance of said billiard hall or skill or coin-operated machine
establishment has been revoked and cancelled, which notice of revocation and
cancellation shall become a final revocation and cancellation 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 of said billiard hall or
skill or coin-operated machine establishment, unless on or before the expir-
ation of said ten (10) days, the licensee, operãtor, manager, or otherlPerson
in charge of said billiard hall or skill or coin-operated machine establish-
ment shall file with the City Secretary a written appeal addressed to the
governing body of the city, in which it is requested that the governing body
grant him a hearing upon the question whether or not the license issued by the
city shall be cancelled and revoked. Such appeal, if made and filed as
prescribed herein, shall operate as a stay or postponement of said revocation
and cancellation until such time as the governing body shall grant a hearing
and make final adjudication upon the question or not such license should be
cancelled, such hearing to be held within thirty (30) days after the date of
the filing of such appeal. Such action and judgement of the governing body,
after hearing the evidence, shall be final and conclusive as to all parties.
SECTION
XVI II. FEES
The following fee shall be charged for each separate pool, billiard, recreat-
ional or amusement center as defined in Section one (1) of this ordinance.
(a) Those establishments having at least one (1) game, but less than ten (10)
games, the annual fee shall be $25.00.
(b) Those establishments having at least ten (10) games but less than twenty
five (25) games, the annual fee shall be $50.00.
(c) Those establishments having twenty five or more games shall pay an annual
fee of $100.00.
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(d) Any person engaged in the business of manufacturing, owning, buying,
selling, renting, leasing, trading, repairing, maintaining, servicing,
transporting or exhibiting any coin-operated machine within the city who
has been issued a general business license by the Texas Amusement Machine
Commission shall pay to the City of North Richland Hills an annual
license fee of one-half (~) the license fee paid to .the State of Texas.
(e) For each pool, billiard, recreational, or amusement game or table there
shall be an additional fee for $7.50 per table or machine.
SECTION
XIX. NATURE OF PERMIT.
A permit issued under this article:
(a) Is an annual permit which expires December 31st following the date of
issuance,'unless it is suspended or cancelled earlier;
(b) Is effective for a single place of business only;
(c) Vests no property right in the permitee except to maintain, display for
public patronage, and permit the use of skill or pleasure coin-operated
machines in accordance with the terms and conditions of this article.
(d) Is nontransferable, nonassignable, and not subject to execution.
SECTION
xx. DISPLAY OF PERMIT
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A permit issued under this article shall be prominently displayed at or near
the entrance of the business premise~, and such display shall be permanent and
conspicuous.
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SECTION
XXI.
AGE RESTRICTION
The individual in charge of the on-site operation of the licensed premises
shall not be less than eighteen (18) years of age on his/her last birthday.
SECTION
XXI I .
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 five hundred ($500.00) dollars;
each day of the violation shal~ constitute a separate offense.
SECTION
XXIII.
EFFECTIVE DATE
On January 1st, 1984, all establishments and games in this City as defined by
and covered in this ordinance shall be in full compliance with such ordinance
under penalty prescribed herein.
SECTION
XXIV.
SEVERANCE CLAUSE
Should any section, article, prov~s~on or part of this Ordinance be declared
to be unconstitutional and void by a court of competent jurisdiction, such
decisions shall in no way affect the validity of any of the remaining parts of
this Ordinance unless the part held unconstitutional or void is inseparable
from and indispensable to the operation of the remaining parts.
Passed and approved this 8th day of August, 1983.
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ATTEST:
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~~ette Moore, City Secretary
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APPROVED AS TO FORM AND LEGALITY:
Rex McEntire, City Attorney
CHANGES TO TilE COIN-OPERATED MACHINE LAW
The 2nd called Session of the 68th Texas Legislature has passed
an increase in the annual occupation tax permit fee from $15.00
to $30.00 for each coin-operated machine effective November I, 1984.
ARTICLE
SECTION 1. Article 8802(1), Revised Statutes, is amended
to read as follows:
(1) Every "owner", save an owner holding an import license
and holding coin-operated machines solely for re-sale, who owns,
controls, possesses, exhibits, displays, or who permits to be
exhibited or displays in this State any "coin-operated machine"
shall pay, and there is hereby levied on each "coin-operated machine",
as defined herein in Article 13.01, except as are exempt herein, an
annual occupation tax of $30.00, (15.99) except that the annual tax
on each coin-operated machine that is designed exclusively for showing
motion pictures is $1,500.00. The tax shall be paid to the commission
by cashier's check or money order.
SECTION 2. Article 8814, Revised Statutes, is amended to
read as follows:
Art. 8814. APPORTIONMENT OF TAX; TAX LEVY BY COUNTIES AND
CITIES. Except as herein provided in this Chapter, one-fourth (~)
of the net revenue derived from this Chapter shall be credited to
the Available School Fund of the State of Texas and three-fourths (3/4)
of the net revenue derived from this Chapter shall be credited to the
General Revenue Fund. Provided that all counties and cities within
this State may levy an occupation tax on coin-operated machines in this
State in an amount not to exceed one-fourth (~) (efte-h81f-(~)) of the
State tax levied herein. Further provided that all political subdivisions
of this State shall, for zoning purposes, treat the exhibition of a
music and skill or pleasure coin-operated machine as indistinguishable
from the principal use to which the property where exhibited is devoted.
This does not prohibit cities from restricting the exhibition of coin-
operated amusement machines within three hundred (300) feet of a church,
school, or hospital.
CHANGES TO THE TEXAS AMUSEMENT MACIIINE
CO~INISSION RULES OF PRACTICE AND PROCEDURE
Effective on November 1, 1984 the Texas Amusement Machine Commission
has adopted the revisions to Administrative Rule Number 066.03.01.002
and 066.03.01.004 which reads as follows:
066.03.01.002 COIN-OPERATED MACIIINE TAX.
(a) All permits "for "coin-operated machines" are payable annually in
advance. Prior to the placement by an "owner" of a coin-operated
machine in operation at a location, there shall be attached or affixed
thereto a valid permit for the machine. Each coin-operated machine
is subject to the occupation tax when placed in operation on location
and since the tax is payable in advance, the following tax rate schedule
will be applicable to a coin-operated machine which is placed in operation
on location during any quarter of the calender year:
1st Quarter - January 1 to December 31-----------$30.00
2nd Quarter - April 1 to December 31-------------$22.50
3rd Quarter - July 1 to December 31--------------$15.00
4th Quarter - October 1 to December 31-----------$ 7.50
(b) No change
066.03.01.004 ASSIGNMENT OF TAX PERMITS
Each "coin-operated machine" shall be registered with the commission
by make, type, and serial number. A tax permit issued by the commission
shall be affixed to each such registered machine. Each "coin-operated
mach!ne" shall have a serial number which is clearly visible on the
outside surface of the machine. If a "coin-operated machine" is not
manufactured with a serial number, the machine owner shall assign a serial
number to the machine and either stamp or engrave the assigned number on
the machine.
CHANGES TO THE COIN-OPERATED MACHINE LAW
The 69th Texas Legislature has passed an increase in the following fees
to be effective September 1, 1985:
Duplicate Permit Fee
Release Fee
Registration Certificate Fee
FROM
$ 2.00
$25.00
$50.00
TO
$ 5.00
$50.00
$75.00
ARTICLE
SECTION 1. Articles 8802 and 8813, Revised Statutes, are amended
to read as follows:
Article 8802. AMOUNT OF TAX
(3) The Commisssion may provide a duplicate permit if a valid
permit has been lost, stolen, or destroyed. The fee for a duplicate
permit is ~ [$2:-}.
Article 8813. SEALING MACHINE TO PREVENT OPERATIONS; PENALTY FOR BREAKING
SEAL. Provided that the commission or its authorized representatives,
may seal any such machine upon which the tax has not been paid in a
manner that will prevent further operation. Whoever shall break the
seal affixed by said commission or its authorized representatives, or
whoever shall exhibit or display any such coin-operated machine after
said seal has been broken or shall remove any coin-operated machine from
location after the same has been sealed by the commission shall be
guilty of a misdemeanor and upon conviction shall be punished as set out
in Article 13.12 of this Chapter. The commission shall charge a fee of
$50 {$2&] for the release of any coin-operated machine sealed for nonpayment
of tax. The fee shall be paid to the commission by cashier's check or
money order.
SECTION 2. Section 16A, Article 8817, Revised Statutes, is amended
by amending Subsection (4) to read as follows:
(4) The fee for registration of machines affected by this section
is $75 t$503 for the business entity in which the owner's machines are
exhibited, The fee shall be paid to the commission by cashier's check or
money order.
CHANGES TO THE TEXAS AMUSEMENT MACHINE
COMMISSION RULES OF PRACTICE AND PROCEDURE
The Texas Amusement Machine Commission has adopted the revisions to
Administrative Rule Number 066.02.00.001 (b) and 066.03.01.003 which
reads as follows:
066.02.00.001. Annual General Business, Import and/or Repair License
fees and Registration Certificate Fees. (b) Annual coin-operated machine
registration certificate fees are payable in advance and prorated quarterly.
The following coin-operated machine registration fee schedule will be
applicable to registration certificates issued during any quarter of the
calendar year.
Registration
Certificate $75.00
1st Qtr.
2nd Qtr.
3rd Qtr.
$37.50
4th Qtr.
$18.75
$56.25
066.03.01.003. Replacement of Lost, Stolen and Destroyed Valid Occupa-
tion Tax Permits. The Commission shall not make a cash refund of the
occupation tax paid on any "coin-operated machine". The Commission
shall provide a duplicate permit if a valid permit has been lost, stolen
or destroyed. The statutory fee for each duplicate permit is five
dollars [$5]. To apply for the replacement of a lost, stolen or destroyed
tax permit the machine owner must provide the commission the make, type
and serial number of the machine previously registered for the calendar
year and the occupation tax permit number which has been lost, stolen or
destroyed. A permit for which a duplicate permit has been issued is
void.
LEGAL AFFIDAVIT
THE STATE OF TEXAS:
COUNTY OF TARRANT:
Before me, the undersigned authority on this day personally ap-
'VI anda Lund
peared
known to me to be a credible person, who
first being sworn, deposed and upon her o'ath said:
Business Manager Kid Cities Daily News
That she is the of the , a newspa-
per which has been regularly and continuously published and of general
circulation in the City /Town of
Hurst
, for a period of
more than one year next preceding the first publication of the attached
Leg-3.l Notice and that he caused said notice to be published in
said newspaper on the following date(s). R/-? d / J? _?
That the attached is a true and correct copy of said notice as
published on said date(s) in said Mid Cities Daily News
'-{Ç~A~ T~
Sworn to and subscribed before me, this the 1st. day of SeI?~.
19.Jll...
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Notary Public,
Tarrant County, Texas
PUBLIC NOTICE
ORDINANCE NO.
1047 \
An ordinance amend-
ing Ordinance No.
658 ànd "Ordinance
,·No.895, . regulating
the operation of pool,
billiard, recreation or
amusement centers:
; Defining same: Pre-
scribing the Jocation
thereof, construction
thereof, hours and
terms of operation
thereof, and provid-
; ing for inspections, li-
cense applica,tion
therefor, invest~ga-
· tion thereunder, fee
· therefor; providing
for appeals, for refus-
al of license, and pre-
scribing a penalty for
· violation thereof not
, less than ten dollars
($10.00) nor more
· than five hundred
($500.00); each day of
· 'the violation shall
· con8titute a separate
offenåe. .
, This OrdÍIlan,ce' shall
· become effective and
in full force JåÎ1Uary
1, 1984.
· Passed and approved .
this 8th day of Au- :
gust,1983. . ,;
DickFarIUD. - Mayor I
,ATTEST:}
Jeannette Moore - Æ
City Secretary.
APPROVED AS TO ~
FORM AND'
LEGALITY: .. ,
Rex McEntire ~ City ;
Attorney
MCDNPN 12191 . 1
Pub: 8/30/83
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