HomeMy WebLinkAboutORD 1985-036 CITY OF GRAPEVINE, TEXAS
ORDINANCE NO. 85-36
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GItAPEVINE, TEXAS, AMENDING THE CODE OF ORDINANCES,
CITY OF GRAPEVINE, CHAPTER 14 OCCUPATIONAL LICENSE,
TAXES, AND REGULATIONS; AMENDING SECTION 14-20
DEFINITIONS; AMENDING SECTION 14-21 EXEMPTIONS;
AMENDING SECTION 14-36 APPLICATION, LICENSE, FORM,
,,,�, EXECUTION, ISSUANCE, POSTING; AMENDING SECTION 14-37
RELATING TO ANNUAL OCCUPATION TAXES AND LICENSE
FEES CHARGED AGAINST BILLIARD HALL OPERATORS AND
SKILL OR COIN-OPERATED MACHINE ESTABLISHMENTS;
AMENDING SECTION 14-38 CONDITIONS OF ISSUANCE;
AMENDING SECTION 14-40 DENIAL, APPEAL; AMENDII�TG
SECTION 14-42 REFUND OF FEE; AMENDING SECTION 14-43
TERMINATION, RENEWAL; PROVIDING A PENALTY NOT TO
EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) rOR
EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE
DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH
A VIOLATION OCCURS; PROVIDING A SEVERABILITY CLAUSE;
DECLARING AN EMERGENCY AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Grapevine, Texas (the "City"),
has considered the need to amend and change the Code of Ordinances, City of
Grapevine, Section 14-20 relating to definitions, Section 14-21 relating to
exemptions, Section 14-36 relating to license application, Section 14-37 relating
to the annual occupation tax and annual licensing fee of billiard tables and other
skill or coin-operated machines, Section 14-38 relating to conditions of issuance,
Section 14-40 relating to license denials and appeals, Section 14-42 relating to
refunding of fees, and Section 14-43 relating to the termination �nd renewal of
license; and
� WHEREAS, the City Council of the City of Grapevine, Texas by
agreement acknowledges that the Code of Ordinances, City of Grapevine,
Sections 14-��, 14�-`ll, 14-36, 14-37, 14-38, 14-40, 14-42, 14-43 should be so
amended and changed; and
WHEREAS, Tex. Rev. Civ. Stat. Ann. articles 8802(1) and 8814 allow the
City to assess an occupation tax on billiard hall operators and skill or coin-
operated machine establishments; and Tex. Rev. Civ. Stat. Ann. articles
8817(16)(1) and 8817(16)(5) allow the City to collect a licensing fee from billiard
hall operators and skill or coin-operated machine establishments; and
WHEREAS, the City Council finds the increased rates to be fair and in
the best interests of the City; and
4VHEREAS, the City Council desires that the amendments and changes
herein stated become effective.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF GRAPEVINE, TEXAS:
Section 1. That each and every one of the recitals, findings and
determinations contained in the preamble of this Ordinance are hereby repeated
and incorporated herein as due, proper and formal findings and determinations of
ihe City Council.
��
Section 2. That the Code of Ordinances, City of Grapevine, Chapter 14,
shall be amended as follows and all other chapters, sections, subsections,
paragraphs, sentences, definitions, phrases and words of said Code of Ordinances,
are not amended, but shall remain intact and are hereby ratified, verified, and
affirmed:
A. That Section 14-20, the definition of "operator" shall be amended
to read as follows:
"Operator. Any person, firm, company, association or
corporation owning, leasing, managing or controlling in any manner
a billiard hall or a skill or coin-operated machine establishment."
B. That Section 14-20 shall be amended to include the definition of
"coin-operated machine." The definition of "coin-operated machine" shall read
as follows:
"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."
�"'" C. That Section 14-20, the definition of "Skill or coin-operated
machine" shall be amended to read as follows:
�.-� "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 inerchandise, music
oc service, as those terms are defined in Tex. Rev. Civ. Stat. Ann.
articles 8801-8817."
D. That Section 14-21 shall be amended to read as follows:
"The licensing and regulation provisions of this article do not
apply to:
(1) A person who owns or exhibits coinroperated ma-
chines if:
(a) he operates or exhibits his machines
exclusively on premises occupied by him, and
in connection with his business; and
�,: (b) he owns no machine subject to the occupation
tax imposed by Texas ftevised Civil Statutes
Annotated, article 8802, located on the busi-
�, = ness premises of another person; and
(c) 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) Billiard tables and skill or coin-operated machines
kept in private residences or apartments and used without charge
by members of the family or bona fide guests;
(3) Billiard tables and skill or coin-operated machines
provided on the premises of religious, charitable, educational or
fraternal organizations for the use of inembers or their guests, and
not for private profit, although a charge is made for playing;
(4) Billiard tables and skill or 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 membership privileges and activities
usual in bona fide private clubs organized for the promotion of
some common object and whose members must be passed upon and
elected as individuals, by a committee or board made up of
members of the club and its affairs and management shall be
°� conducted by a board of directors, executive committee or similar
body chosen by the members at their annual meeting;
(5) Billiard tables and skill or coin-operated machines
provided on the premises of publicly owned facilities."
-2-
E. That Section 14-36(a) shall be amended to read as follows:
"(a) Any person desiring a license to operate a billiard hall
or a skill or coin-operated machine establishment shall file with
the City Secretary a written sworn application for such license.
The City Secretary will submit the application to a licensing
committee consisting of the chief of police, who shall be the head
of the licensing committee, the fire marshal, chief building
official, and assistant city manager.
�..,
The application shall state:
(1) The location by street and number of the place, or
building, and the name and address of the applicant.
(2) If the applicant is an individual, that he is a law-
abiding tax-paying citizen of the state; that h� 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 partnersip, all the inform-
ation prescribed in paragraph (2) as to each individual
composing the firm, association or partnership.
(4) If a corporation, that applicant is organized and
chartered under the corporation laws of this state
applicable to such corporation, or, if a foreign
corporation, that such has complied 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 coin-operated machine establishment to be
licensed as is prescribed in paragraph (2); in addition
thereto, a statement as to the names of the in-
� corporators or stockholders, and amount of interest
owned by each.
� (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
governing body may from time to time deem proper
and necessary."
F. That Section 14-37 shall be amended to read as follows:
"The following annual taxes and license fees are hereby levied and
assessed against each operator:
(a) Billiard hall operator:
(1) C�ccunation Tax: Seven dollars and f ifty cents
($7.50) per table per year;
(2) License fee: one hundred dollars ($100.00) for
an operator with 50 or fewer tables; two
hundred dollars ($200.00) for an operator with
�� over 50 tables.
(b) Skill or coin-operated machine establishment.
`"�°` (1) Occupation tax: Seven dollars and fifty cents
($7.50) per machine per year;
(2) License fee: One hundred dollars ($100.00) for
an operator with 50 or fewer machines; two
hundred dollars ($200.00) for an operator with
over 50 machines."
-3-
G. That Section 14-38 shall be amended to read as follows:
"No license shall be issued by the City Secretary unless and
until the committee referred to in section 14-36 shall affirmatively
conclude that the applicant and the premises comply with all
requirements of this article and other city and state regulations,
ordinances and laws."
H. That Section 14-40 shall be amended to read as follows:
�. �
"In the event the licensing committee shall refuse to grant
a general license to any applicant hereunder, the action of the City
Secretary shall be final unless the applicant shall, within ten (10)
days after refusal to grant such license, 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 eity Secretary shall provide the governing
body with a record of all proceedings theretofore had with
reference to the application, including the written application,
together with the action of the licensing committee and the
reasons for such action. The governing body shall within thirty (30)
days, grant a hearing thereon to determine the correctness of the
aetion of the City Secretary, 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
license shall be granted, and such action as the governing body may
take thereon shall be final and conclusive."
I. That Section 14-42 shall be amended to read as follows:
"No refund of any license fee paid in accordance with this
article shall be made by the city for any cause whatsoever."
��� J. That Section 14-43 shall be amended to read as follows:
"All lice;�ses issu�d under the provisions of this �rticle shall
�•�� automatically terminate every December 31. All licenses issued or
renewed after June 30 are subject to one-half (1/2) of the fees set
forth in Section 14-37. All licenses issued or renewed on or before
June 30 are subject to the entire fees set forth in Section 14-37.
A party may obtain a renewal license by filing an appli-
cation 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, including but not limited to sections 14-36, 14-38
and 14-40."
Section 3. Any person violating any of the provisions of this ordinance
shall be deemed guilty of a misdemeanor and upon conviction shall be fined as
provided in Section 1-6 for each offense.
Section 4. 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 the
,�� ordinance despite such invalidity, which remaining portions shall remain in full
force and effect.
�� 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
-4-
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 this the 20th day of August , 1985.
Mayor, City o Grapevine, T�xas
� ATTEST:
�
Cit Secretary, Cit of Grapevine, Texas
[SEAL]
APPROVED:
C
City Attorney, City of Grap ne, e
,�: �
��
�
�
-5-