HomeMy WebLinkAboutORD 1989-079 ORDINANCE NO. $9-79
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GRAPEVINE, TEXAS, AMENDING THE GRAPEVINE
CODE OF ORDINANCES CHAPTER 14 OCCUPATIONAL
LICENSES, TAXES AND REGULATIONS BY DELETING
AND REPEALING ARTICLE I REGULATION OF
COIN-OPERATED MACHINES AND BY AMENDING
ARTICLE II BILLIARD HALLS AND SKILL OR
�--� PLEASURE COIN-OPERATED MACHINE
ESTABLISHMENTS; PROVIDING A SEVERABILITY
CLAUSE; DECLARING AN EMERGENCY AND PROVIDING
AN EFFECTIVE DATE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE,
TEXAS:
Section 1 . That Chapter 14 , Article I Regulation of
Coin-Operated Machines is deleted and repealed in its entirety.
Section 2 . That Chapter 14 , Article II Billiard Halls and
Skill or Pleasure Coin-Operated Machine Establishments is hereby
amended to read as per the attached "Exhibit A" .
Section 3 . If any section, article, paragraph, sentence,
clause, phrase or word in this ordinance, or application thereto
any person or circumstance is held invalid or unconstitutional by a
Court of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of this ordinance; and the City
Council hereby declares it would have passed such remaining
portions of this ordinance despite such invalidity, which remaining
portions shall remain in full force and effect.
'"�`� Section 4 . The fact that the present ordinances and
regulations of the City of Grapevine, Texas, are inadequate to
;�,,, properly safeguard the health, safety, morals, peace and general
welfare of the public creates an emergency which requires that this
ordinance take effect immediately from and after the date of its
passage, and it is accordingly so ordained.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on this the 21st day of November , 1989.
APPROVED:
, .. . , .
William D. Tate
Mayor
ATTEST:
��
��
�� Linda Huff
City Secretary
APPROVED AS TO FORM:
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John F. Boyle, Jr.
City Attorney
EXHIBIT "A" TO
ORDINANCE NO. 89-79
ARTICLE ��I. BII�IARD HALLS AND
SKILL OR PLF�ASURE COIN-OPERATID
MACHINE ESTABLISf�T1TS
,�,..., DIVISION 1. C�NERAI�Y
Sec. 14-�81. Definitions.
�`°` For the purpose of this article, the following terms shall have the
respective meanings ascribed to them:
Billiard hall. Any structure where one (1) or more billiard tables are
operated for profit. _
Billiard hall permit. A permit issued to operate a billiard ha.11 in
accordance with the hours of operation prescribed by section 14-•�E�. � ,Q,�,
�l�.��a
Billiard table. Any table surrounded by a leclge or cushion, � with or
without pockets, upon which balls are impelled by a stick or a cue,
� specifically excluding skill or pleasure coinroperated machines.
Coi.n-operated machine. Any machine or device of any kind or character,
which is operated by or with coins or metal slugs, tokens, or checks.
Merchandise coin-operated machine. Any coin-operated machine which
dispenses or vends merchandise, catnnodities or confections.
Music coin-operated machine. Any coinroperated machine of any kind or
character, which dispenses or vends or which is used for dispensing or
� vending music.
� Operator. Any person, firm, campany, association or corporation
awning, leasing, managing or controlling in any manner a billiard hall or a
skill or pleasure coin-operated machine establishment.
Service coin-operated machine. Any pay telephone, pay toilet and any
other machine or device which dispenses service only and not merchandise,
music, skill or pleasure.
Skill or pleasure coinroperated machines. Any coin-operated machine of
any kind or character, which dispenses or is used or is capable of being
used or operated for amusement or pleasure or when such machine is operated
for the purpose of dispensing or affording skill or pleasure, or for any
other purpose other than the dispensing or vending of inerchandise, music or
services, as those terms are defined in this article. Provide, that every
machine or device of any ki.nd or character which dispenses or vends
merchandise, cam�iodities, confections, services, or plays music in addition
to or in connection with the dispensing of skill or pleasure shall be
considered as skill or pleasure machines. The term skill or pleasure '
coin-operated machines shall exclude coin-operated machines designed
exclusively for children.
Skill or pleasure coin-operated machine establisl�unent. Any structure
�� where one (1) or more skill or pleasure coin-operated machines are operated
for profit. �
�
EXHIBIT "A" TO
ORDINANCE NO. 89-79
Skill or pleasure coin-operated machine establisYm�ent permit. A permit
issued to operate a skill or pleasure coin-operated machine establishment.
Sec. 14-��2. E�cemptions. '"'���
The pennitting and regulation provisions of this article do not apply
to: +r�rr
(1) Billiard tables and skill or pleasure coinroperated machi.nes kept
in private residences or apartments and used without charge by
mP_mbers of the family or bona fide guests;
(2) Billiard tables and skill or pleasure coin-operated machines
provided on the premises of religious, charitable, educational or
fraternal organizations for the use of ine.mbers or their guests and
not for private profit, although a charge is made for playing;
• (3) Billiard tables and skill or pleasure coin-operated machines
provided on the premises of bona fide clubs or social
organizations, not operated for private profit although a charge
is made for playing, which provide other mP_mbership privileges and
activities usual in bona fide private clubs organized for the
promotion of some ccxmion object and whose members must be passed
_ upon and elected as individuals, by a coitmittee or board made up
of inembers of the club, and its affairs and management shall be
conducted by a board of directors, executive ccmmittee or similar
body chosen by the members at their annual meeting;
��
(4) Billiard tables and skill or pleasure coin-operated machines
provided on the premises of publicly cx�med facilities;
�.�+
(5) Service coin-operated machines, music coin-operated machines and
merchandise coin-operated machines.
Sec. 14-��3. Enforcing ca�liance by operator; revocation of peiznit
for violation.
The operator of any billiard -hall or skill or pleasure coin-operated
machine establishment shall not pezmit the violation of any of the te�ns of
this article, and any violation of a provision of this article in the
operation of a billiard hall or skill or pleasure coinroperated machine
establishment shall be grounds for revocation of the permit therefor.
Sec. 14-�3 4. Remedies ci.miulative. .
Any remedy prescribed by this article for the enforcement of this
article shall be cturnzlative and shall not preclude resort to any other
remedy provided by law. .
Sec. 14-�4 5. Inspection of premises.
Officers of the police departinent of the City of Grapevine on official �,�
duty are auttiorized and gnpowered to enter during regular business hours,
for the purposes of inspection and for the preservation of law and order,
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Coin-�Operated Machines
Page 2
EXHIBIT "A" TO
ORDINANCE NO. 89-79
any billiard hall or skill or pleasure coin operated machine establisl�anent
within the city.
„�:...�.
Sec. 14-�5 6. Minors prohibited during school hours.
(a) No person under the age of eighteen (18) years will be permitted
"��" to attend 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 be pezmitted
to attend any skill or pleasure coinroperated machine establisYm�ent
during a time that the public schools in the city are in session.
Sec. 14-�6 7. Hours of aperation.
(a) If the premises on which the billiard. hall is ogerated is
operating pursuant to a mixed beverage permit issued by the Texas
` Alcoholic Beverage Comnission and is in ccenpliance with all applicable
regulations and ordinances of the City regarding alcoholic beverages,
the haurs of operation of the billiard hall shall be the same as those
hours permitted under the alcoholic beverage pennit issued for the
premises.
(b) If the premises on which the billiard hall is operated is not
operating pursuant to a mixed beverage permit issued by the Texas
Alcoholic Beverage Conmission, or is not in campliance with all
applicable regulations and ordinances of the city regarding alcoholic
beverages, the hours of operation shall be between 8:00 a.m. and 11:00
p.m. Monday through Friday; -8:00 a.m. until 12:00 midnight, Saturda�,
and 1:00 p.m. to 6:00 p.m. on S�.uiday.
�
Sec. 14-�� 8. Reserved
Sec. 14-�8 9. Gambling; intoxication.
It shall be unlawful for any person while in a billiard hall or skill
or pleasure coi.n-operated machi.ne establish�.nt to gamble, make bets,
constmie or have in his possession any alcoholic beverage, or to be under
the influence of any alcoholic beverage; provided, hawever, that the terms
of this section relating to the possession and constunption of any alcoholic
beverage shall not be applicable to parties on premises that are operating
pursuant to a mixed beverage permit issued by the Texas Alcoholic Beverage
Gomnission and zoned for such use by the city.
Sec. 14-�9 10. Reserved. �
Secs. 14-39 11 - 14-34 12.. Reserved.
Sec. 14-35 13. Reeht�� ge�e�a��p- Permit Rec�iired.
It shall be unlawful to operate a billiard hall or skill or pleasure
�� coin-operated machine establisY�nent as defined herein within the city,
unless and until said establisrunent shall first have been permitted for -
such purposes; provided, this requirement shall not apply to those places
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Coin-O�erated Machines -
Page 3
EXHIBIT "A" TO
ORDINANCE NO. 89-79
. 9. � �t-�`t'o
entmierated in section 14-�', which are exgnpt from the provisions of this
artic le.
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Sec. 14-36 14. Applications; pennit form, execution, issuance,
posting.
(a) Any person desiring a permit to operate a billiard hall or a skill '"�''�
or pleasure coin-operated machine establisYmient shall file with the
C-�tp See�eta� Director of Cormnxnity Develoxxnent a written swc�rn
application for such permit. The E�t�* See�eta�* Director of
Camrninity Develo�nent will sukx�iit the application to a permitting
co�a�ittee consistina of the Chief of Police, who shall be the head of
the licensing camnittee, the Fire Chief, Chief Buildina Official and
Assistant City Manager. The application shall state:
(1) The location, by street and rnm�ber, of the �aee e� btt�i���e�
anel �e aaxje a� ae�e�e9s e� t�e a}��eaat business;
(2) If the ag��ea�t operator is an individual, 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 a firm, association or partnership, all the inforniation
. prescribed in paragraph (a) (2) as to each individual canposing the
firm, association or partnership;
(4) If a corp�ration, that the applicant is organized and chartered
under the corporation laws of this state applicable to such ��+�
corporation or, if a foreign corporation, that such has cca��plied
with the laws of this state applicable to such corporation and the
', same information with reference to the operator or person in "�` �
charge of the operation of the billiard hall or skill or pleasure
coin-operated machine establisYm�ent to be permitted, as is
prescribed in paragraph (a) (2) ; in addition thereto, a statement -
as to the n�nes of the incorporators or stockholders and amount of
interest owned by each; provided, hawever, that , the applicant
shall not be required to_ list the names of shareholders owning
less than ten (10) per cent of the stock of the corporation;
(5) ��e��tt9 eeet�}�at3e� e� et�e�ent e� t�e a}��ea�t �e� a ge��eel
e€ �'��e {5} �*ear9 r�t g�eeee�g t�e ����ng e� ��9 a}��eat�e�-
The applicants name, address and his interest in the business.
(6) The operator's name and address, if different than the applicant.
(7) N��ber of billiard tables or coin-o rated machines to be
permitted. .
{6} (8) Stitch other and additional information as the
permitting ccmmittee may from time to time deem proper and
necessary.
��a
(b) The information given in such application is for the purpose of
detennining whether or not the applicant is a fit and proper person to
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Coin-Operated Machines
Page 4 -
EXHIBIT "A" TO
ORDINANCE NO. 89-79
operate a billiard hall or skill or pleasure coinroperated machi.ne
establishment, and it shall be unlawful to misrepresent the ki� and
character of a billiard hall or skill or pleasure coin-operated machine
�"`� establisYunent to be operated or any fact or statement made ir� said
application, and any misrepresentation of any person for the purpose of
avoiding the provisions of this article shall, in addition to the ather
penalties prescribed by law, because for the denial of a pennit �pplied
for or the revocation of the pe�nit in the manner hereinafter provided
for.
(c) The permit herein provided for shall state on its face to whom it
is issued, the date it will expire, the address and location of such
billiard hall or skill or pleasure coin-operated machine establishment,
whether the permittee is authorized to operate and conduct a billiard
hall or skill or pleasure coin-operated machine establistmient. It
shall be signed and sealed by the E�t� See�et��* Director of
Canmunity Development and posted by the pennittee in a conspicuous
, place at or near the entrance of,�hej�h�� or establishment and in such
a place and position that �-s may�e e'a i y read at any time durir�g the
operation of the hall or establishment.
Sec. 14-3� 15. Fees.
A permit fee of fifty dollars ($50.00) shall be charged to the
aperators of skill or pleasure coin-operated machine establishments or
billiard halls, which fee shall be per establisYunent per year.
Sec. 14-38 16. Conditions of issuance.
No permit shall be issued by the E�� 6ee�eta�+ Director bf
�, t� Coimn.inity DeveloFxnent, unless and until the camnittee referred to in
Section 14-3Er shall affirmatively conclude that the applicant and the
� premises comply with all requirements of this article and other applicable
���city and state regulations, ordinances and laws.
Sec. 14-39 17. Effect of issuance.
No permit granted under the ternns of this article shall be deemed the
granting of a vested right, but such permit shall remain subject to the
terms and provisions of this article and subject to such future regulations
as shall be prc�rulgated by the governing body.
Sec. 14-h8 18. Denial; appeal.
In the event the pernnitting cc�rmittee shall refuse to qrant a permit to
any applicant hereunder, the action of the ccx�mittee shall be final unless
the applicant shall, within ten (10) days after refusal to grant such
pennit, file a written appeal with the E�tp See�eta�* Director of
C�nity DeveloFanent, addressed to the governing body of the City,
requesting a hearing by such governing body upon the. question as to whether
or not his application shall be granted.. Zn the event such appeal is
filed, the E�t� See�eta�p Director of Comnunity Development shall
'""�" provide the governing body with a record of all proceedings theretofore had .
wi.th reference to the application, including, but not limited to, the
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Coin-C�perated Machines - �
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EXHIBIT "A" TO
ORDINANCE NO. 89-79
written application tc�gether with the action of the permitting authority.
The qoverning body shall, within thirty (30) days, grant a hearing thereon
to determine the correctness of the action of the permitting authority, at ��
which heari.ng the governing body may make such investigation as it may see
fit, whether all the pertinent facts appear in the application or not, and
it shall be discretionary with the governing bod_y as to whether or not a
permit shall be granted, and such action as the governing body may take '`"''�
thereon shall be final and conclusive.
Sec. 14-4� 19. Revocation; appeal.
If a billiard hall or skill or pleasure coin-operated machine
establishment permitted hereunder is not being conducted in accordance
with this article, the laws of the state, or other ordinances of the city,
the Chief of Police may at any time give notice in writing to the operator,
pennittee, manager, or other person in control of the operation and
maintenance of such billiard hall or skill or pleasure coin-operated
� machine establisl�nent that the pezmit issued for the operation and
maintenance of said billiard hall or skill or pleasure coin-operated
machine establish¢nent has been revoked and cancelled, which notice of
revocation and cancellation shall became a fi.nal revocation and
cancellation after the expiration of ten (10) days from the date of service
of same upon the operator, permittee, manager or other person in charge of
said billiard hall or skill or pleasure coinroperated machine
establishment, unless, on or before the expiratiori of said ten (10) days,
the pennittee, operator, manager or other person in charge of said billiard
hall or skill or pleasure coinroperated machine establishment shall file
with the E�t� �ee�eta�* Director of Comnunity Develo nt a written „��*
a�eal addressed to the governing body of the City, in which it is
requestecl that the governing body grant him a hearing upon the question
whether or not the permit 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 cancellat� n until
such time as the governing body shall grant a heari.ng and '�e final :
adjudication upon the question whether or not such permit should be
cancelled, such hearing to be held within thirty (30) days after the date
of the filing of such appeal. S�.ich action and judc�nent of the governing
body, after hearing the evidence, shall be final and conclusive as to all
parties. ,y..�„3�y��,�
Sec. 14-4� 20. Refund of fee.
No refund of any permit fee paid in accordance with this article shall
be made by the City for any cause whatsoever.
Sec. 14-43 21. Ztermination; renewal.
All permits issued under the provisions of this article shall �
autamatically tenninate on December thirty-first of each year. All permits
issued after June thirtieth are subject to one-half (1/2) of the fees set
forth in Section 14-15. All permits issued or renewed on or before June
thirtieth are subject to the entire fees set forth i.n Section 14-15. ��
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Coin-O��erated Machines
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EXHIBIT "A" TO
ORDINANCE NO. 89-79
A person may obtain a renewal pennit by filing an application for
renewal with the E�tp 6ee�eta�* Director of Canmunity Develognent.
��-=� The application for renewal shall contain the same inforn�ation and be
processed in the same manner as a new application, in accordance with all
of the above sections including, but not limited to, Sections 14-14, 14-16
�, ,� and 14-18.
(a) The premises shall be kept and maintained in a clean, healthful
and sanitary condition in accordance with all applicable statutes and
ordinances, and all rooms or halls connected thereto shall be well lighted
and kept open and free fram blinds, screens and obstructions.
(b) No loud, boisterous, indecent or suggestive conduct shall be
allowed on the premises.
(c) No unlawful loitering shall be allowed on the premises, either
within or without a building.
(d) Any me2nber of the police departrnent having determined that such
act or condition prescribed in this Code is being camnitted or exists on
the premises of a place or business licensed hereunder, and the person
creating such condition or conmitting such act are operators of such
premises or place of busi.ness, shall be authorized to imnediately cause the
premises to be closed and vacated until the hour of 8:00 a.m. the next day
imnediately following such determination.
(e) Operator shall post signs in conspicuaus places in conformity with
�'`" fozms appro�red by the E��* 6ee�eta�*ls Director of Community
Development's office that reflect, in substance, the tezms of Sectior�s
14-6, 14-9 and 14-22.
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Coin-Operated Machines
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