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Home My WebLink AboutORD 1981-033 ORDINANCE NO. 81-33 AN ORDINANCE AMENDING CHAPTER 14 , ARTICLE 11 OF THE CITY CODE OF THE CITY OF GRAPEVINE RELATING TO BILLIARD HALLS BY ADDING AND AMENDING DEFINITIONS , SECTION 14-20; AMENDING SECTIONS 14-21; 14-22; 14-24; 14-25; 14-28; 14-35; 14-36; 14-37; 14-38; 14-41; 14-42; REPEALING . SECTION 14-26 & 14-29; AND ADDING A NEW SECTION 14-44 RELATING TO REGULATIOrJS; PROVIDING A PENALTY AND SEVERABILITY CLAUSE; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE: Section l. That Chapter 14 , Article II of the City Code relating to billiard halls is hereby amended by adding and re- pealing certain hereinafter described sections as follows: (a) Article II is hereinafter titled "Article II Billiard Halls and Skill or Coin Operated Machine Establishments. " (b) Sections 14-20 Definitions is hereby amended to read as follows : Billiard Hall - Any structure where one (1) or more billiard tables are operated for profit. Operator - Any p�rson owning, leasing, managing or con- trolling in any manner a billiard hall or a skill or coin operated machine establishment. 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 coin operated machines. 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 dispen- sing or affording skill or pleasure, or for any other purpose other than the dispensing or vending of iner- chandise, music, or service as those terms are defined in Title 122A Taxation-General of the Laws of the State of Texas. Skill or Coin Operated Machine Establishment - Any structure where one (1) or more skill or coin operated machines are operated for profit. Billiard Hall License - A license 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. Skill or Coin Operated Machine Establishment License - A license issued to operate a skill or coin operated machine establishment. (c) Section 14-21 exemptions is amended by adding the words " . . .and skill or coin operated machines" to sub- sections (1) , (2) , (3) and (4) after the words billiard tables. (d) Section 14-22 is amended by adding the words "or skill or coin operated machine establishment" after the words "billiard hall" in the first sentence of said section. (e) Section 14-24 is amended by adding the words "or skill or coin operated machine establishment" after the words "billiard hall" in the last sentence. (f) Section 14-25 is hereby amended to designate the existing paragraph as subsection A and to add the following new subsection B. B. No person under the age of 18 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. (g) Section 14-26 is hereby repealed and designated as a reserved section. (h) Section 14-28 is amended to add the words "or skill or coin operated machine establishment" after the words "billiard hall�� in the first sentence. (i) Section 14-29 is hereby repealed and designated as a reserved section. (j) Section 14-35 is amended to add the words "skill or coin operated machine establishment" after billiard hall in both places it is used in the first sentence. (k) 1) Amend the first paragraph of Section 14-36 as follows : "Any person desiring a license to operate a billiard hall or a skill or coin operated machine establishment shall file with the Chief of Police, who shall be the head of a licensing committee consisting of the Chief of Police, Fire Marshall, Chief Build- ing Official , and Assistant City Manager, a written sworn application for such license, which application shall state: " 2) Amend (a) 4 to add the words "or skill or coin operated machine establishment" after the words "billiard hall" found in the 7th line from the top. 3) Amend subsection (b) and (c) of 14-36 to add the words "or skill or coin operated machine establishment" after each of the places in said subsections where the words "billiard hall" are used and substitute "City Secretary" for "assessor and collector of taxes" in sub- section (c) . (1) Section 14-37 fees is 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) $2. 50 per table occupation tax 2) license fee $10 . 00 per table. (b) Skill or coin operated machine establishment: (1) Occupation tax $5. 00 per machine, per year (2) License Fee - $35 . 00 for 1-7 machines per year $100 . 00 for 8 or more machines per year ' (m) Section 14-38 is hereby amended to read as follows: (a) 14-38 Conditions of Issuance - No license shall be issued by the Chief of Police unless and until the Committee referred to in Section 14-36 shall affirmatively con- clude that the applicant and the premises complies with all requirements of this article and other city and state regula- tions , ordinances and laws. (n) Section 14-41 is amended to add the words "or skill or coin operated machine establishment" after all places in said section where the words "billiard hall" are used. (o) Section 14-42 is 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 what- soever. Licenses issued pursuant to this article shall be deemed personal to the licensee and shall not be assignable; provided, however, licenses issued hereunder may be transferred from one location or place of business to another location after the Chief of Police shall have been given five days notice of such proposed transfer for investigation and the Committee has given consent thereto; provided further, if any corporation having a license is reorganized or has a change in management, such license shall not continue in force until the Chief of Police shall have been given five (5) days notice of such reorganization or change of management, and until the committee shall have made an investigation of such reorganization and change in management and given its consent for the continuation of the license after determining that the personnel of the new management is fit and proper to operate a billiard hall and/or skill or coin operated machine establishment within the term of this article. (p) A new section 14-44 is hereby added to read as follows : (a) The premises shall be kept and maintained in a clean, healthful and sanitary condition in ac- cordance with all applicable statutes and ordinances and all rooms or halls connected thereto shall be well lighted and kept open and free from blinds , screer.s 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 member of the Police Department having determined that such act or condition prescribed in this code is being committed or exists on the premises of a place or business licensed hereunder, and the person creating such condition or committing such act are operators of such premises or place of business , shall be authorized to immediately cause the premises to be closed and vacated until the hour of 8 : 00 o 'clock a.m. next day immediately following such determination. (e) Operators shall post signs in conspicuous places in conformity with forms approved by the City Secretary ' s Office that reflect in substance. Section 14-25; 14-28 and 14-44 . - Section 2 . Severability. If any section, article, para- graph, sentence, clause, phrase or word in this ordinance, or application thereto to any person or circumstances is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of the ordinance and the City Council hereby declares it would have passed such remaining portions of the ordinance despite such invalidity, which remaining por- tions shall remain in full force and effect. Section 3. Penalty. Any person violating any of the pro- visions of this ordinance shall be deemed guilty of a mis- demeanor and subject to a fine not to exceed Two Hundred Dollars ($200. 00) for each offense and each and every day any such violation shall exist or continue shall constitute a separate of f en•se. Section 4. Emergency. The fact that no present ordinances of the City of Grapevine exist which adequately control the operation of billiard halls and skill or coin operated machine establishments creates an urgency and an emergency and in the preservation of the public health, safety and welfare required that this Ordinance shall take effect immediately from and af�er its passage and the publication of the caption as the law and charter in such cases provides. PASSED & APPROVED BY THE CITY COUNCIL OF HE CITY OF GRAPE- VINE, TEXAS on this the �t� day of , 1981. APPROVED: Mayor ATTEST: � City Secre ry APPROVED TO FORM AND LEGALITY: � ' / ,\\ _ . Ci y Attorney