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HomeMy WebLinkAboutORD 1987-087 CITY OF GRAPEVINE, TEXAS ORDINANCE N0. 87-87 AN ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS AMENDING CHAPTER 14 ENTITLED OCCUPATIONAL LICENSES, TAXES AND REGULATIONS BY ENACTING A NEW ARTICLE I ENTITLED "REGULATION OF COIN-OPERATED MACHINES" BY PROVIDING RULES REGULATIONS AND LICENSING PROVISIONS �'"` REGARDING OWNERSHIP OF COIN-OPERATED MACHINES WITHIN THE CITY; LEVYING AN OCCUPATION TAX ON COIN-OPERATED MACHINES � WITHIN THE CITY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500 . 00) FOR EACH OFFENSE AND PROVIDING THAT A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH AN OFFENSE OCCURS OR CONTINUES; DECLARING AN EMERGENCY AND PROVIDING A EFFECTIVE DATE . NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS : Section 1 . That Chapter 14 , Article I of the Grapevine City Code shall hereby read as follows : "Regulation of Coin-Operated Machines Sec . 14-1 . Definitions . For the purpose of this Article, the following terms shall have the respective ,�:,.� meanings ascribed to them: Applicant . Any person applying for a license pursuant to this Article and shall include each partner of a partnership; each trustee of a trust; each receiver of a receivership; each officer and director of a corporation; and each shareholder owning not less than 25 percent of the outstanding shares; any individual applicant or licensee; each officer, director , and member of any association or other entity not specified and, when applicable in context, the business entity itself . Coin-operated machine. Any machine or device of any kind or character which is operated by or with coins, or metal slugs, tokens or checks . This definition shall also include music coin-operated machines and skill or pleasure coin-operated machines , as those terms are hereinafter def ined. Financial interest . Means any legal or equitable interest, and specifically includes the ownership of shares or bonds of a corporation. w�w General business license. A license issued by the city which authorizes the licensee to engage in the business of manufacturing, owning, buying, selling, renting, leasing, trading, repairing, maintaining, servicing, transporting, or exhibiting within the city and storing music and skill or pleasure coin-operated machines . Import license. A license issued by the city which authorizes the licensee to engage in the business of importing, transporting, owning, buying, repairing, selling and delivering, . music._ and skill _:or �pleasure coin-operated machines,, for sale or delivery within._the .city_. ._ : . __ _ . � _ _ . _ �,-T,T�.,- , ,,,,,-.� __ ,.. _ _�_ , ._ _ �.. . T _ . - . .,. ,. ..�_ 1\ _'.'� .. � ... + i._.:. : ' 1 __._.�-� .. '.. ��_.. ��: .,.... __ Li��ense._ =T�A� 'i=3cense issued `�-�under this Article ' which authorizes the holder thereof �`"� �o -manufacture,� own, buy, sel:l, or rent, lease, trade, lend, or furnish to another, or repair, maintain; service; transport ,,,�; within the city, store, or import, a music coin-operated machine or a skill or pleasure coin-operated machine. Licensee. Any person holding a license pursuant to this Article and shall include each partner of a partnership; each trustee of a trust; each receiver of a receivership; each officer and director of a corporation; and each shareholder owning not less than 25 percent of the outstanding shares; any individual applicant or licensee; each officer, director, and member of any association or other entity not specified and, when applicable in context, the business entity itself . Music coin-operated machine. Any coin-operated machine of any kind or character, which dispenses or vends or which is used for dispensing or vending music and which is operated by or with coins or metal �'`�` slugs, tokens or checks . The following are expressly included within said term: phonographs, pianos, graphophones, and all other coin-operated machines which dispense or vend music . Owner . Any person, individual , firm, company, association or corporation owning any coin-operated machine in the City. Person. Any natural person, association of natural persons, trustee, receiver, partnership, corporation, organization, or the manager, agent, servant or employee of any of them, unless the context requires a different definition. Repair license. A license issued by the city which authorizes the licensee to engage in the business of repairing, maintaining, servicing, transporting, or storing music, skill or pleasure coin-operated machines . Service coin-operated machine. Any pay telephone, pay toilet and any other machine or device which dispenses services only and not merchandise, music, skill or pleasure. � Skill or pleasure coin-operated machine. 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 2 oi � �ciz other purpose other than the dispensing or vending of inerchandise,' music or services, as those terms are defined in this Article. The. term ski.l�l or : pleasure cain-operated machine� -sha11 -exclude coin-operated machines designed- exclusively for children. Provided that- ever_y _machine or device of any kind or character which dispenses or vends merchandise, comictQdities � or =�con£ections or plays music- in connection with or in �` addition to '�such � games or dispensing of skill or pleasure shall be considered as skill or pleasure machines . � _ _ . Sec . 14-2 . License Required. (a) No person shall engage in business to manufacture, own, buy, sell or rent, lease, trade, lend, or furnish to another , or repair, maintain, service, transport within the city, store, or import a music coin-operated _machine or a skill or pleasure coin-operated machine without a license under this Article. (b) A license issued under this Article: - ( 1) is an annual license which expires on December 31st of each year, unless it expires as provided in subdivision ( 5) of this Section or is suspended or -cancelled earlier; (2) is - effective for a single '�"�" business entity; _ _ _ ,,� (3) vests no property right in the licensee except to conduct the licensed business during the period the license is in effect; (4) is nontransferable, nonassignable and not subject to execution; and (5) expires upon the death of an individual licensee, or upon the dissolution of any licensee. (c) An application for the renewal of a license must be made to the City Secretary before December 1 of each year . (d) An applicant must comply with all of the provisions contained in Article 8817, Vernon' s Rev.Civ.Stat .Ann. , prior to the issuance of a license by the city. Sec . 14-3 . Application for License (a) An application for a license to do ,�, business under this Article shall contain a complete statement regarding the ownership of the business to be licensed. This statement of ownership must specify: ( 1) the nature of the business entity to be licensed; 3 0 1 7 7 c /3 (2) - the name and-xesidence address of every person who has a financial interest in the business, and the nature, type and. _ extent: of that _ -__ f inancial ...interest_, _-.except corporate - _ applicants may omit. . any shareholder �.��_ : holding _less than:_30.�� _of-:the. cQrporate •-,�•- .,_..:'��11are.S ��.'_'� ' r��' 17.� ��C::i��.':� „ . -. + ..-..! _ .. . . . _ _. (�) The application sYiall designate a �'°'� single individual who - is responsible for keeping a record and reporting to the Chief of Police the following information regarding each music or skill or pleasure coin-operated machine owned, possessed or controlled by the licensee within the city: ( 1) the make, type and serial number of the machine; (2) the date put in operation; (3) the dates of the first, and the most recent registration of the machine; (4) the specific location of each machine; (5) any change in ownership of a machine . (c) The _application _ shall - be accompanied by a sworn written statement executed by the individual designated to maintain the "�'' records and make reports that he is aware of and accepts this responsibility. � (d) The individual designated to maintain the records and to make reports must have the following relationship to the business to be licensed: ( 1) the owner of a sole proprietorship; (2) a partner of the partnership; � (3) an officer of the corporation; (4) a trustee of the trust; ( 5) a receiver of the receivership; or (6) an officer or principal member of the association, joint venture, organization, or other entity not spec if ied. � (e) The chief of police may require any other pertinent information to be included in the application. (f) The application must contain a statement that the information contained in it is true and complete, and this statement shall be made under oath. (g) The statement of ownership contained in the application becomes a public record 4 oi � �cia upon issuance- � of a= license. Other information in the application is confidential . � (h) The agpl_ication must be..acca�anied- by the annual license- fee. (i) �hev��City �Secretary may not issue a general business or import license for a business under this Article if the Chief of �" Police finds that the applicant; = � .._ (1) has been finally convicted of a ;;�„ felony in a court of competent jurisdiction during the five years preceding the filing of the application; or (2) has been on probation or parole as a result of a felony conviction during the two years preceding the filing of the application. (j ) The City Secretary may not issue or renew a license for a business under this Article, and shall suspend for any period of time, or cancel a license, if she finds that the applicant or licensee is indebted to the city by judgment for any fees , costs , penalties, or delinquent taxes . Sec . 14-4 . Records and Reports; Offenses . (a) The licensee shall keep records and '�`� make reports to the Chief of Police at intervals specified by the Chief of Police �, and upon demand by the Chief of Police. (b) It is an offense for a person to willfully fail or refuse to make reports required by this Section. (c) It is an offense for a person to willfully withhold or conceal any information required to be reported by this Section from a person who has the duty to make the report . Sec . 14-5 . Renewal . A person must renew an unexpired license by paying to the city, before the expiration date of the license, the annual license fee. If a person' s license has been expired for not more than 90 days, the person must renew the license by paying to the City a fee that is 1 1/2 times the - annual license fee . If a person' s license has been expired for more than 90 days but less than two years , the person must renew the license by paying to the city a fee that is two times the annual license fee . If a person' s license has been expired for two years or more, the person may not renew the license. The person must obtain a new license by complying with the requirements 5 oi � �cis and procedures for obtaining an original license. Section 14--5. Exemptions . (a) The licensing and record-keeping provisfons of�.�thrs=��A�ti��ie �io-�not; _apglp ..to a gerson who , owns or exhibi:ts ca�n=operated machines if : -- .�, _ _ . -,_ _ _ ( 1) ( i) he operates or exhibits his machines exclusively on premises ;,,�„ occupied by him, and in connection with his business, and ( ii) he owns no machine subject to the occupation tax imposed by Texas Revised Civil Statutes Annotated, Article 8802, located on the business premises of another person; and ( iii) he has no financial interest, direct or indirect, in the coin-operated music, skill , or pleasure machine industry, � - except for the interest he owns in his machines used exclusively on premises occupied by him; (2) Music and skill or pleasure coin-operated _ machines owned by an individual and kept in his private residence for personal use and �`"` enj oyment . (3) A corporation or association organized and operated exclusively for religious , charitable, educational , or benevolent purposes, no part of the net earnings of which inure to the benefit of any private shareholder or individual , to own, or lease or rent from another, a music or skill or pleasure coin-operated machine for the corporation' s or assocation' s exclusive use and in furtherance of the purposes for which it is established. (4) Any person subject to regulation by the Railroad Commission of Texas to transport or store in the due course of business a music or skill or pleasure coin-operated machine not owned by him. (b) The taxation and licensing provisions of this Article do not apply to gas meters, pay telephones, pay toilets, food vending machines , confection vending machines, beverage vending machines, merchandise vending machines, and cigarette vending machines which are now subject to an occupation or gross receipt tax, stamp vending machines and service coin-operated machines . 6 0 1 7 7 c/6 (c) No tax is required for an individual to own a music or skill or pleasure coin-operated machine for personal use and amusement in his private residence. (d) No tax shall be assessed against the ��titiQs _ listed:,_. _i� a(3) above�-�"�f the as�e�smer�t ��� o�-k��rw�ise_�r-oh-i.�it�ci Y�y�:�law. _. . _. _ ,. -,;- • - . ;�~ - _- _ _ _ . _ � Sec . 14-7 . Fees . (a) The annua� license fee for a general ,,�„r, business license shall be as follows : ( 1) For an applicant with 50 or fewer machines $100 . 00 (2) For an applicant with 51 - 200 machines $200 . 00 (3) For an applicant with over 200 machines $250 . 00 (b) The annual license fee for an import license is $250 . 00 . (c) The annual lieense fee for a repair license is $25 . 00 . - (d) The City Secretary may not refund any part of a license -fee after the license is issued. In the event a license is not issued, the City may retain $25 to cover administrative costs and may refund the balance. (e) A person licensed to do busi:ness under this Article shall prominently display his current license certificate at his place of business within the city, if his place of business is located within the City, at all times . Sec . 14-8 . License as consent to entry. Acceptance of a license issued under this Article constitutes consent by the licensee that any city police officer may freely enter upon the licensed business premises if located within the city during normal business hours for the purpose of ensuring compliance with this Article. Sec . 14-9 . Temporary extension of license. When a license issued under this �+ Article expires because of the death of an individual licensee, or the dissolution of any other licensee, or upon conditions �,,, involving receivership or bankruptcy, the City Secretary, except for good cause shown, shall permit the successor in interest to operate the business under the same license through December 31st of the year . The extended license is subject to suspension or cancellation as is any other license issued 7 oi � � �i � under this Article. : An- original license is necessary upon expiration of the extension. Sec. 14-10 . Confide�t�ality of Records . j_a) - All informatinn derived from books, -r�c�r�is�:-'-report�:='r�and � a�Pgl�ca�:ans� required to be made available under this Article is confidential unless specifically designated a public record, and may be used only for the purpose of enforcing the provisions of this Article: � (b) Any employee of the city who discloses confidential information obtained from the administration of this Article to an unauthorized person is guilty of a Class C misdemeanor . Sec . 14-11 . Grounds for reprimand of a licensee or suspension or revocation of a license. A licensee may be reprimanded or a license issued pursuant to the authority of this Article may be suspended or revoked by the Chief of Police if : (a) the licensee has intentionally violated a provision of this Article; (b) the licensee has intentionally failed to answer a question, or intentionally made '��� a false statement in, or in connection with, his application or renewal; (c) failure to suspend or revoke the license would be contrary to the intent and purpose of this Article. (d) violation of any of the applicable provisions of Article 8817, Vernon' s Rev.Civ. Stat .Ann. Section 14-12 . Notice and hearing; appeal . (a) An applicant or licensee is entitled to at least ten ( 10) days ' notice and a hearing before the Chief of Police in the following instances : ( 1) after his original application for a license has been refused; (2) before his application for a renewal of a license may be refused or his license suspended or revoked. ;,�,,, (b) Notice may be personally served upon the applicant or licensee or sent by U. S . certified mail addressed to the applicant or licensee at his last known address . The City Secretary shall publish notice of a hearing in a newspaper of general circulation in the city. 8 0 1 7 7 c�S (c) The Chief of Police shal� file an order upon the conclusion of the hearing, stating the reasons for his refusal, suspension, or revocation and shall deliver the order to the licensee or_ _ ��Iicant as set forth in (2) above. Edj_,>-Appea-� ,f\r�om� a�x_�_ac�s�n ;�o�E..:�-he� Ghief: _of Police shall be to the City- �Manager or his duly authorized designee. The review shall � be confined to the record, however, if the record is found to be incomplete additional evidence may be taken. The appeal must be filed with the City Secretary within ten ( 10) days from the date of the Chief of Police ' s order . Sec . 14-13 . Tax. Every owner, except an owner holding an import license and holding coin-operated machines solely for resale, who owns , controls , possesses, exhibits, displays, or who permits to be exhibited or displayed in the city, any coin-operated machine shall pay, and there is hereby levied on each coin-operated machine an annual occupation tax of� $7 . 50 except that the annual tax on each coin-operated machine that is designed exclusively for showing motion pictures is $375 . 00 . Sec . 14-14 ,_ Sealing of machines . � The Chief of Police is hereby authorized to seal any machine licensed �, hereunder on which the tax has not been paid. The owner of the machine shall be charged a fee of five dollars ($5 . 00) for the release of any machine sealed as provided for herein for the nonpayment of tax. Any person who breaks a seal affixed by . the Chief of Police, or exhibits , displays or removes from its location any machine on which the machine has been � broken, shall be guilty of a Class C misdemeanor . " Section 2 . All applicants shall have until December 31 , 1987 in which to file their applications pursuant to this ordinance for licenses for the period January 1, 1988 through December 31 , 1988 . 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 . Any person violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be subject to a fine in a sum not to exceed Five Hundred Dollars ($500 . 00) for each offense and a separate offense shall be deemed committed upon each day during or on which a violation occurs . 9 0 1 7 7 C/9 Section- 5 . 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 inhabitants of the City of Grapevine, Texas , creates an emergency for the immediate preservation of the public business, property, health, safety, and general welfare of the public which requires that this Ordinance become effective 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 15th day of D mh r , 1987• APPROVED: ���� Mayor ATTEST: Cit Secre ary APPROVED AS TO FORM: �*� �/� - �'1�.� �, City Attorney � 10