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HomeMy WebLinkAboutO-393-5-82ORDINANCE NO. 393-5-82 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, PROVIDING FOR THE REGULATION, SUPERVISION, CONTROLLING, AND LICENSING OF OWNERS OF COIN OPERATED SKILL AND/OR PLEASURE MACHINES; DEFINING TERMS; PROVIDING FOR THE LEVYING OF AN OCCUPATION TAX ON SUCH MACHINES; ORDAINING OTHER MATTERS ON THE SUBJECT; AND PROVIDING A PENALTY CLAUSE, A SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Allen, Texas, after due study and consideration, is of the opinion that regulations pertaining to the operation of coin operated skill and/or pleasure machines are necessary to promote the health, safety, and welfare of the citizens of Allen, Texas; and, WHEREAS, the City Council of the City of Allen, Texas, has determined the necessity of levying an occupation tax on all skill and/or pleasure machines; and, WHEREAS, the City Council of the City of Allen, Texas, has determined the necessity of requiring an annual permit, license, registration, and fee as provided under state law. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS: SECTION 1. DEFINITIONS - The following words, terms, and phrases as used in this ordinance are defined as follows: A. The term "Owner" means any person, individual, firm, company, association, or corporation owning or having the care, control, management, or possession of any coin operated machine in this city. B. The term "Operator' means any person, firm, company, association, or corporation who exhibits, displays, or permits to be exhibited or displayed in his, hers, or its place of business or upon premises under his, hers, or its control any coin operated machine in this city. Ordinance 393-5-82 - Page 1 t 1 ORDINANCE NO. 393-5-82 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, PROVIDING FOR THE REGULATION, SUPERVISION, CONTROLLING, AND LICENSING OF OWNERS OF COIN OPERATED SKILL AND/OR PLEASURE MACHINES; DEFINING TERMS; PROVIDING FOR THE LEVYING OF AN OCCUPATION TAX ON SUCH MACHINES; ORDAINING OTHER MATTERS ON THE SUBJECT; AND PROVIDING A PENALTY CLAUSE, A SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Allen, Texas, after due study and consideration, is of the opinion that regulations pertaining to the operation of coin operated skill and/or pleasure machines are necessary to promote the health, safety, and welfare of the citizens of Allen, Texas; and, WHEREAS, the City Council of the City of Allen, Texas, has determined the necessity of levying an occupation tax on all skill and/or pleasure machines; and, WHEREAS, the City Council of the City of Allen, Texas, has determined the necessity of requiring an annual permit, license, registration, and fee as provided under state law. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS: SECTION 1. DEFINITIONS - The following words, terms, and phrases as used in this ordinance are defined as follows: A. The term "Owner" means any person, individual, firm, company, association, or corporation owning or having the care, control, management, or possession of any coin operated machine in this city. B. The term "Operator' means any person, firm, company, association, or corporation who exhibits, displays, or permits to be exhibited or displayed in his, hers, or its place of business or upon premises under his, hers, or its control any coin operated machine in this city. Ordinance 393-5-82 - Page 1 C. The term "Coin Operated Machine" means any machine or device of any kind or character, which is operated by or with coins, slugs, tokens, or checks; music coin operated machines and skill or pleasure coin operated machines as those terms are hereinafter defined shall be included in such terms, this term does not include billard tables without coin operation. D. The term "Music Coin Operated Machine" means every coin operated machine of any kind or character which dispenses or vends or which is used or operated for dispensing or vending music, and which is operated by or with coins, slugs, tokens, or checks. The following are expressly included within such terms: Phonographs, pianos, graphophones, and all other coin operated machines which dispense or vend music. E. The term "Coin Operated Skill and/or Pleasure Machine" means every coin operated machine of every kind or character whatsoever when such machine or 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 merchandise or music or service exclusively as those terms are defined in this ordinance. The following are expressly included within said terms: Marble machines, marble table machines, marble shooting machines, miniature racetrack machines, miniature football machines, miniature golf machines, miniature bowling machines, and all other coin operated machines which dispense or afford skill or pleasure, provided that every machine or device of any kind or character which dispenses or vends merchandise, commodities, or confections, 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. F. The term"Service Coin Operated Machine" means all machines or devices which dispense service only and not music, merchandise, skill or pleaure. SECTION 2. AMOUNT OF TAX - Every owner who owns, controls, possesses, exhibits, displays, or who permits to be exhibited or displayed in this city any coin operated skill and/or pleasure machine shall pay and there is hereby levied on each coin operated skill and/or pleasure machine, as defined herein, except as or exempt herein, an annual occupation tax of $7.50 per machine. The fee for issuing a replacement occupation tax receipt for one lost, destroyed, or mutilated is $2.00. Ordinance 393-5-82 - Page 2 SECTION 3. EXEMPTIONS FROM TAX - Gas meters, pay telephones, pay toilets, food vending machines, confection vending machines, merchandise vending machines, beverage vending machines, cigarette vending machines, which are now subject to an occupation or gross receipts tax levied by the State of Texas, stamp vending machines, service coin operated machines, and music coin operated machines, as that term is defined, are expressly exempt from the tax levied herein. For purposes of interpretation, coin operated pleasure or amusement machines designed exclusively for use by children under the age of 10 (ten) years, such as coin operated riding machines and other related coin operated machines are exempt. SECTION 4. SEALING OF MACHINE - Any coin operated machine, upon which the tax levied herein has not been paid shall be sealed. No person shall break the seal affixed to such machine or display, exhibit, or remove from the location, any machine upon which the seal attached under the provisions of this section has been broken. A fee of $5.00 is hereby levied for the release of any machine sealed as provided herein for the nonpayment of tax. SECTION 5. PAYMENT OF TAX - The occupation tax levied herein shall be paid to the office of the City Manager or his designee of the City of Allen, Texas, who shall issue a permit. Such permit shall include the make, type, and serial number of each machine on the premises. SECTION 6. PERMIT REQUIRED - A. No person shall maintain, display for public patronage, or otherwise keep for operation by the public any coin operated skill and/or pleasure machine without first obtaining a permit issued under the terms and conditions of this ordinance. B. No permit is required for an individual to own or operate a coin operated skill and/or pleasure machine for personal use and amusement in his private residence. C. No permit is required for any person to own, maintain, or offer for use to the public, any coin operated pleasure and/or amusement machine designed exclusively for use by children under the age of ten (10) years, such as coin operated riding machines and other related coin operated machines. SECTION 7. NATURE OF PERMIT - A permit issued under this ordinance: Ordinance 393-5-82 - Page 3 0 1 r A. Is an annual license which expires December 31st of each year, unless it is suspended or cancelled earlier; B. Is effective for a single place of business only; C. Vests no property right in the permittee except to maintain, display for public patronage, and permit the use of coin operated skill and/or pleasure machines in accordance with the terms and conditions of this ordinance; D. Is non-transf erable, non -assignable, and not subject to execution. SECTION 8. DISPLAY OF PERMIT - A permit issued under this ordinance shall be promptly displayed at or near the entrance of the business premises and such display shall be permanent and conspicuous. SECTION 9. APPLICATION - An applicant for a permit under the provisions of this ordinance shall file with the City Manager or his designee, a written application on a form provided for that purpose, which shall be signed by the applicant, who shall be the owner of the business to be licensed. A separate application must be filed for each location sought to be permitted. The' following information is required in the application: a. Name, address, and telephone number of the applicant, including the trade name of which applicant does business and the street address of the arcade or place of business displaying coin operated skill and/or pleasure machines for use by the general public and, if incorporated, the name registered with the Secretary of State; b. Name, address, and telephone number of the operator of the premises to be permitted; C. Number of coin operated skill and/or pleasure machines in the premises to be permitted, and serial number of each such machine; d. Distance, measured in feet in a straight line from front door of the premises displaying coin operated skill and/or pleasure machines to the nearest property line of any church, public or parochial school, hospital, or residentially zoned district; e. Whether a previous license of applicant or, if applicable, corporate officer of applicant, has been revoked wihtin two (2) years of filing of application; and f. A statement that all the facts contained in the application are true. SECTION 10. REFUSAL TO ISSUE OR RENEW PERMIT - The City Manager or Ordinance 393-5-82 - Page 4 his designee shall refuse to approve issuance or renewal of a permit for one or more of the following reasons: a. A false statement as to a material matter made in an application for a permit; b. The business establishment where the coin operated skill and/or pleasure machines are displayed are within 300 feet of any public or parochial school, church, or hospital, or the boundary of any residentially zoned district, except that this prohibition will not apply to property located within 300 feet of the boundary of a residentially zoned district if the City Council affirmatively finds that the issuance of such permit will not be detrimental or injurious to the public health, safety, or general welfare, or otherwise offensive to the neighborhood. The above distances shall be measured in a straight line from the front door of the premises to be permitted to the nearest property of the said church, public or parochial school, hospital, or residentially zoned district; C. Revocation of the permit pursuant to this ordinance of the applicant or corporate officer of the applicant, within two (2) years preceding the filing of the application; d. The applicant for such license has been finally convicted of a felony in a court of competent jurisdiction during the five (5) years preceding filing of the application; or, e. Has been on probation or parole as a result of a felony conviction during the two (2) years preceding the filing of the application. SECTION 11. INDEBTEDNESS TO CITY - The City Manager or his designee shall not issue or renew a permit under this ordinance, and shall suspend or cancel the permit, if it be determined that the applicant or permittee is indebted to the city for any fee, costs, penalties, or delinquent taxes. SECTION 12. REPLACEMENT OF PERMIT - A replacement may be issued for one lost, destroyed, or mutilated, upon application on a form provided by the City Manager or his designee. A replacement permit shall have the word "replacement" stamped across the face and shall bear the same number as the one it replaces. SECTION 13. TRANSFERABILITY - A permit issued under the provision of this Ordinance 393-5-82 - Page 5 ordinance shall not be assignable or transferable. SECTION 14. RESPONSIBILITY OF PERMITTEE - A permittee hereunder shall not permit any of the following activities within the permitted premises: a. The sale, purchase, possession, or consumption of any alcoholic beverages, as the same is defined by the Texas Alcoholic Beverage Code, unless the premises is licensed under the provisions of said code and the ordinances of the City of Allen for the sale, purchase, possession, or consumption of alcoholic beverages; b. Employment of an operator who is under 18 years of age; C. Prostitution; d. Gambling, e Violation of any possession, sale, or delivery provision in Subchapter four (4) of the Texas Controlled Substances Act; f. The operation of any coin operated skill and/or pleasure machine by a person under 17 years of age between the hours of 9:00 a.m. and 3:00 p.m. during the regular school days established by the Allen Independent School District, when students are required to attend school, unless such person is accompanied by a parent or legal guardian. A sign must be attached to each machine stating age and hour regulations. g. The operation by any person of a coin operated skill and/or pleasure machine permitted hereunder except between the hours of 9:00 a.m. and 12:00 midnight, Monday through Saturday. A sign must be attached to each machine stating age and hour regulations. SECTION 15. BICYCLE STORAGE RACKS - A permittee hereunder shall provide sufficient bicycle storage racks so as to adequately provide for the storage of bicycles utilized by the patrons of the permitted premises. SECTION 16. CANCELLATION OF PERMITS - If any individual, company, corporation, or association who owns, operates, exhibits, or displays any coin operated skill and/or pleasure machine in this city shall violate any provision of this ordinance, I the City Manager or his designee shall have the power and the authority to cancel all permits issued hereunder to any of the foregoing persons by giving written notice, stating the reason justifying such cancellation and the same shall be cancelled ten (10) Ordinance 393-5-82 - Page 6 days from the day of such notice. No new permits shall be issued within the period of one (1) year to anyone whose permits have been cancelled, except at the discretion of the City Council of the City of Allen. If the permits of any individual, company, corporation, or association owning, operating, or displaying coin operated skill and/or pleasure machines in this city are cancelled, such individual, company, corporation, or association shall not operate, display, or permit to be operated or displayed such machines until the new permits are granted. SECTION 17. APPEAL FROM REFUSAL TO ISSUE OR RENEW PERMIT FROM DECISION TO CANCEL PERMIT - If the City Manager or his designee refuses to approve the issuance of a permit or the renewal of a permit to an applicant, or cancels a permit issued under the ordinance, this action is final, unless the applicant or licensee, within ten (10) days after the receipt of written notice of the action, files with the judge of the Municipal Court a written appeal. The judge of the Municipal Court shall, within ten (10) days after the appeal is filed, consider all the evidence in support of or against the action appealed and render a decision either sustaining or reversing the action. If the judge of the Municipal Court sustains the action the applicant or licensee may, within ten (10) days of that decision, file a written appeal with the City Manager or his designee to the City Council, setting forth specific grounds for the appeal. The City Council shall, within thirty (30) days, grant a hearing to consider the action. The City Council has the authority to sustain, reverse, or modify the action appealed. The decision of the City Council is final. SECTION 18. INSPECTIONS - The premises in which such coin operated skill and/or pleasure machines are located shall conform to all building codes and fire prevention codes of the City of Allen, and the Building Official, Fire Marshall, and their assistants may enter into the premises where such machines are located at any time during normal business hours for the purpose of inspecting said premises for fire hazards. All law enforcement personnel of the City of Allen shall have the right to enter into said premises at any time during normal business hours for the purpose of enforcement of the terms of this ordinance. SECTION 19. LICENSES, REGISTRATION, AND FEES - A person who wishes to Ordinance 393-5-82 - Page 7 engage in certain business dealings with coin operated skill and/or pleasure machines shall apply for a general business license, or an import license, or a repair license, or any combination of these. a. A general business licensee may engage in business to manufacture, own, buy, sell, rent, lease, trade, repair, maintain, service, transport, or exhibit and store coin operated skill and/or pleasure machines. b. An import licensee may engage in business to import, transport, own, buy, repair, sell, and deliver coin operated skill and/or pleasure machines for sale and delivery. C. A repair licensee may engage in the business of repairing, maintaining, servicing, transporting, or storing coin operated skill and/or pleasure machines. There is hereby levied a license fee in an amount not to exceed one-half (50%) of the license fee required by Section 16 Article 88.17, Vernon's Annotated Civil Statutes, as transferred from Article 13.17, Taxation General. SECTION 20. EXISTING LAWS: VIOLATIONS NOT AUTHORIZED - Nothing herein shall be construed or have the effect to license, permit, authorize, or legalize, any machine, device, table, or coin operated gaming machine, the keeping, exhibition, operation, display, or maintenance of which is now illegal or in violation of any ordinance of the City of Allen, Article of the Penal Code of this state, or of the Constitution of this state. SECTION 21. EXISTING USES OF COIN OPERATED SKILL AND OR PLEASURE MACHINES - Nothing herein shall be construed or have the effect to continue the operations or use of any coin operated skill and/or pleasure machines in existence or available to the general public at the time of the adoption of this ordinance. It is the intention of the City Council that each and every coin operated skill and/or pleasure machine displayed for public patronage shall be permitted under the terms of this ordinance or shall be deemed illegal. SECTION 22. PENALTY CLAUSE - Any person, firm, corporation, or association violating any of the provisions of this ordinance shall, upon conviction of the violation, be deemed guilty of a misdemeanor and shall be fined in the sum of not more than $200.00. Each day such violation continues shall constitute a separate offense. Ordinance 393-5-82 - Page 8 SECTION 23. SEVERABILITY CLAUSE - It is the intention of the City Council that this ordinance and every provision thereof shall be considered severable and the invalidity of any section, clause, provision, or part of portion of any section, clause, or provision of this ordinance shall not affect the validity of any other portion of this ordinance. SECTION 24. EFFECTIVE DATE - This ordinance shall become effective from and after the date of its passage and publication as required by law. DULY PASSED AND APPROVED by the City Council of the City of Allen, Texas, on the 20th day of May , A.D., 1982. APPROVED: AM.B.'Pierson, Mayor ATTEST: Marty Hendrix, City Secretary � PR � • TO • R ... .rte. „r►Tim , Ordinance 393-5-82 - Page 9