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Home My WebLink AboutORD 1987-088 CITY OF GRAPEVINE, TEXAS ORDINANCE N0. g�-gg AN ORDINANCE OF THE CITY OF GRAPEVINE, �AS AMENDING CHAPTER 14 ENTITLED OCCUPATIONAL LICENSES, TAXES AND REGULATIONS BY AMENDING ARTICLE II ENTITLED "BILLIARD HALLS AND SKSLL OR PLEASURE COIN-OPERATED r�1ACHiNE ESTABLISHMENTS" SECTION 14-20 RELATING TO DEFINITIONS; BY AMENDING SECTION 14-21 RELATING TO EXEMPTIONS; BY AMENDING SECTION 14-22 REGARDING COMPLIANCE BY OPERATORS; BY AMENDING SECTION 14-24 REGARDING INSPECTION OF PREMISES; BY AMENDING SECTION 14-25(b) REGARDING PROHIBITION OF MINORS DURING SCHOOL HOURS; BY AMENDING SECTION 14-28 REGARDING GAMBLING AND INTOXICATION IN PERMITTED ESTABLISHMENTS; BY AMENDING SECTION 14-35 REGARDING PERMITS; BY AMENDING SECTION 14-36 REGARDING APPLICATIONS; BY AMENDING SECTION 14-37 REGARDING FEES; BY AMENDING 14-38 REGARDING CONDITIONS OF ISSUANCE; BY AMENDING SECTION 14-39 REGRRDING EFFECT OF ISSUANCE; BY AMENDING SECTION 14-40 REGARDING DENIAL AND APPEAL; BY AMENDING SECTION 14-41 REGARDING . REVOCATION AND APPEAL; BY AMENDING SECTION 14-42 REGARDING REFUND OF FEE; BY AMENDING SECTION 14-43 REGARDING TERMINATION AND RENEWAL; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS 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 AN EFFECTIVE DATE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS : Section 1 . That Section 14-20 of the Grapevine City Code shall be amended to read as follows : "Sec . 14-20 . 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 prof it . Billiard hall permit . A permit issued to operate a billiard hall between the hours of 8 : 00 a .m. to 11 : 00 p.m. , Monday through Friday, 8 : 00 a.m. until 12 : 00 midnight, Saturday, and 1 : 00 p.m. to 6 : 00 p.m. on Sunday. Billiard table. Any table surrounded by a ledge or cushion, with or without pockets , upon which balls are impelled by a stick or a cue, specifically excluding skill or pleasure coin-operated machines . 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 establishment to � permitted as is prescribed in paragraph (2) ; in addition thereto, a statement as to the names of the incorporators or stockholders, and amount of interest owned by each provided, however , that the applicant shall not be �"`� required to list the names of shareholders owning less than ten percent ( 10%) of the stock of the corporation. (5) Previous occupation or employment of the applicant for a period of five ( 5) years next preceding the filing of his application. (6) Such other and additional information as the permitting committee may from time to time deem proper and necessary. (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 billiard hall or skill or pleasure coin-operated machine establishment and it shall be unlawful to misrepresent the kind and character of a billiard hall or skill or pleasure coin-operated machine establishment to be operated, or any fact or statement made in said application, and any misrepresentation of any person for the purpose of avoiding the provisions of this Article shall , in addition to the other penalties prescribed by law, be cause for the denial of a permit applied for, or the a revocation of the permit 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 establishment . It shall be signed and sealed by the city secretary and posted by the permittee in a conspicuous place at or near the entrance of the hall or establishment and in such a place and position that it may be easily read at any time during the operation of the hall or establishment . " Section 8 . That Section 14-37 of the Grapevine City Code shall be amended to read as follows : "Sec . 14-37 . Fees . A permit fee of fifty dollars ($50 . 00) shall be charged to the operators of skill or pleasure coin-operated establishments or "�` billiard halls which fee shall be per establishment per year . " vr�► Section 9 . That Section 14-38 of the Grapevine City Code is hereby amended to read as follows : "Sec . 14-38 . Conditions of issuance . No permit shall be issued by the city secretary unless and until the committee referred to in section 14-36 shall 5 oisac 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 . " Section 10 . That Section 14-39 of the Grapevine City Code is hereby amended to read as follows : �� "Sec . 14-39 . Effect of issuance. No permit granted under the terms �f 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 promulgated by the governing body. " Section 11 . That Section 14-40 of the Grapevine City Code is hereby amended to read as follows : "Sec . 14-40 . Denial; appeal . In the event the permitting committee shall refuse to grant a permit to any applicant hereunder , the action of the committee shall be final unless the applicant shall , within ten ( 10) days after refusal to grant such permit, file a written appeal with the city secretary, 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. In the event such appeal is filed, the city secretary shall provide the governing body with a �- � record of all proceedings theretofore had with reference to the application, including, but not limited to, the written application, together with the action of the permitting authority. The governing body shall within thirty (30) days, grant a hearing thereon to determine the correctness of the action of the permitting authority, at which hearing 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 body 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. Section 12 . That Section 14-41 of the Grapevine City Code shall be amended to read as follows : "Sec . 14-41 . 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 ordinance of the city, the chief of police may at any time give notice in writing to the operator , permittee, manager , or other person in control of the operation and maintenance of such billiard hall or skill or pleasure coin-operated machine establishment that the 6 oisac permit issued for the operation and maintenance of said billiard hall or skill or pleasure coin-operated machine �s�tab�ishment_�. - has .: been revoked and �ar�ae��_�ed� �tt�ic,h�-,�-_notice of r�vocation and cancellation shall become a final revocation and cancellation after the expiration of (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 coin-operated machine establishmez�t, unless, on or before the expiration of _ said ten ( 10) days, the � permittee, operator , manager or other person in charge of said billiard hall or skill or pleasure coin-operated machine establishment, 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 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 cancellation until such time as the governing body shall grant a hearing and make 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 . Such action and judgment of the governing body, after hearing the evidence, shall be final and conclusive as to all parties . " Section 13 . That Section 14-42 of the Grapevine City �:� Code is hereby amended to read as follows : "Sec . 14-42 . Refund of f ee. No refund of any permit fee paid in accordance with this Article shall be made by the City for any cause whatsoever . " Section 14 . That Section 14-43 of the Grapeveine City Code is hereby amended to read as follows : "Sec . 14-43 . Termination; Renewal . All permits issued under the provisions of this Article shall automatically terminate on December 31st of each year . Al1 permits issued or renewed after June 30th are subject to one-half ( 1/2) of the fees set forth in Section 14-37 . Al1 permits issued or renewed on or before June 30th are subject to the entire fees set forth in Section 14-37 . A person may obtain a renewal permit by filing an application for renewal with the City Secretary. The application for renewal �r shall contain the same information 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 14-36, 14-38 and 14-40 . " Section 15 . If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or 7 0 1 5 4 c 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 16. That this ordinance shall be cumulative of all other codes and ordinances of the City and shall not repeal any of the provisions of said code or ordinances except in those instances where provisions of those codes or ordinances are in ,�, direct conflict with the provisions of this ordinance. Section 17 . 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. Section 18 . 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 this 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 nPnPmhPr � 1987 • �� APPROVED: Mayor ATTEST: ` � � City Secretary APPROVED AS TO FORM: �� City Attorney +r�w 8