CITY OF PORT LAVACA

AN ORDINANCE OF THE CITY OF PORT LAVACA, TEXAS PROVIDING FOR THE REGULATIONS OF CENTERS AND BUSINESS ESTABLISHMENTS WITH RECREATION AND AMUSEMENT MACHINES WITHIN THE CORPORATE CITY LIMITS OF THE CITY OF PORT LAVACA;  PROVIDING DEFINITIONS; ESTABLISHING AUTHORITY TO ENFORCE; PROVIDING FOR A PENALTY CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE; AND, PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE.

NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT LAVACA, TEXAS:

I.

GENERAL

            This Ordinance as herein established has been written for the purpose of promoting and protecting the public health, safety and general welfare of the community and in the furtherance of conserving the value of property and establishing a community desirable to reside therein.

II.

DEFINITIONS

            As pertaining to this Ordinance the following definitions will have their specific meaning as follows:

A.            Amusement Center.    Any business establishment in which at least twenty-five percent (25%) of the public floor area is devoted to coin-operated machines used for recreation and amusement purposes, or pool or billiard tables.

B.         Coin-operated Machine Used for Recreation or Amusement Purposes.  Every machine or  devise of any kind or character which is operated with coins or metal slugs, tokens, or  checks and which dispenses or is used or is capable of being used or operated for amusement, pleasure, skill or recreation.  This term expressly includes pinball, football, coin-operated pool tables, and other coin-operated   machines which dispense or afford skill or pleasure.  This term expressly excludes coin-operated  music machines, pay toilets, pay telephones, coin-operated rides for children, and all other coin-operated machines which dispense or vend merchandise, commodities, confections or music.  This term shall also include machines operated by currency or legal tender.

C.         Owner.   Any person, firm, company association or corporation owning any coin-operated  machine used for recreation, or pool or billiard tables from which he/she derived a profit, save and except local religious, charitable and educational organizations authorized under the laws of the state.

D.        Pool or Billiard Table.   Any table surrounded by a ledge or cushion, with or without pockets, upon which balls are propelled by a stick or cue, and where the player thereon does not or is not required to make a coin deposit causing  and electrical connection of any nature or kind before such game may be actually commenced.

E.            Recreation or Amusement Machines.  Any coin-operated pool or billiard table or any other coin-operated machine used for amusement purposes, any of which table or  

machine is operated for   profit.

III.

OCCUPATION TAX

A. There is levied an annual occupation tax equal to one-half (1/2) of the amount levied by the state on coin-operated machines used for recreation or amusement purposes, or pool or billiard tables.  The occupation tax shall be levied upon the owner of such coin-operated  machines, or pool or billiard tables, save and except local religious, charitable and educational organizations authorized under the laws of the state; and the tax levied herein  shall be paid to the City of Port Lavaca, through the Permit Dept., who shall issue  an occupation tax receipt and, for each machine on which the occupation tax is paid, an occupation tax tag.  The occupation tax  shall be due and payable on January 1 of each year.  Such occupation tax receipt and tax tag shall specify the year for which the tax receipt and tax tag are valid.  Such occupation tax receipt shall specify the number of recreation or amusement machines, pool or billiard tables for which it is issued and the address of the legal owner.  The occupation tax shall be affixed to each machine, pool or billiard table on which the occupation tax is paid.                                                                                 

B. In the event the owner of any of the recreation or amusement machine wished to

substitute  a different machine for one within the City on which the occupation tax has been paid, the owner will remove the tax tag from the machine to be replaced and place it upon the substitute machine.  Provided, however, that the machine that is replaced by  the substitute machine shall not be operated for profit within the City again until an occupation tax tag is affixed to it.  In the event the tax tag is mutilated, the owner will turn in the mutilated occupation tax tag to the Permit Department and receive a new tag.  There shall be a six dollar  ($6.00) charge for the new tag.                  

IV.

LOCATION OF RECREATION OR  AMUSEMENT MACHINES

A.         Within each place of business in which recreation or amusement machines are operated for a profit, the machine will be so situated so that the said machines will be in full, open public view.

V.

HOURS OF OPERATION

           No person may engage in the operation for profit of any recreation or amusement machines with the City between the hours of twelve midnight (12:00) and seven a.m. (7:00) Monday through Thursday, and between the hours of two a.m. (2:00) to seven  a.m. (7:00) on Friday and Saturday.  Such recreation or amusement machines may be operated on Sundays only between the hours of one p.m. (1:00) and twelve a.m. (12:00)

                                                                     VI.

MINOR’S PRESENCE RESTRICTED

            No person who has the control of any business establishment wherein is kept, used or operated for profit any recreation or amusement machines shall permit or allow any minor under the age of eighteen (18) years to play thereon or to operate any such machine during school hours.  It shall be the duty of any person who is the proprietor or keeper of such business establishment to post conspicuously in his/her place of business in the vicinity of the machine’s location within the place of business the following sign:  “Minors Under the Age of 18 Years Not Allowed Here During School Hours” or in violation of Juvenile Curfew Ordinance.

VII.

PENALTY FOR FAILURE TO PAY OCCUPATION TAX

            The Permit Department is authorized to seal any recreation or amusement machine, or pool or billiard table on which the occupation tax has not been paid.  The Permit  Department is authorized to charge a fee of fifty dollars ($50.00) for the release of any recreation or amusement machine, or pool or billiard table that is sealed as provided above for nonpayment of the occupation tax.  The owner and/or operator shall be responsible should any seal affixed in the name of the City be broker or display or removes from the location any recreation or amusement machine, or pool or billiard table shall be guilty of a Class C misdemeanor under the laws of the state.

VIII.

INSPECTIONS

            The City Manager shall appoint or designate an authorized representative to make periodic inspections of premises licensed under this ordinance to determine compliance with the building provisions, the maintenance of toilets and other sanitary facilities and compliance with the health, plumbing, sanitary and other applicable code provisions and any other ordinance of the City.  Violation of any building provisions, the maintenance of toilets and other.  See other Ordinance.

IX.

LICENSE REQUIRED

            It shall be unlawful for any person or business entity that owns an amusement center, save and except local religious, charitable or educational organizations authorized under the laws of the state to operate such business within the City without first having obtained an appropriate license from the City of Port Lavaca Permit Dept..  The initial application for license shall be made with the City Permit Dept. and renewed   thereafter on or before January 1 of each succeeding year.  Whoever shall violate this section shall be guilty of a misdemeanor under this code.

X.

FEE

            There is levied an annual license fee on each person or business entity that owns an amusement center within the City.  The City of Port Lavaca Permit Dept. is authorized to collect this annual license fee, which shall be due and payable on January 1 of each year.  The annual license fee for such a general business shall be fifty dollars ($50.00) per machine.

XI.

NUISANCE  DECLARED

            Because of the rapid proliferation of such businesses in the City and the observed congestion, late hours, potential for being an attractive nuisance to minors and the questioned legality of such activities, the City Council hereby finds that a further proliferation and concentration of such businesses constitutes a nuisance to the health, safety and welfare of the City of Port Lavaca.  Accordingly, subsequent to the passage of this ordinance, no license will be issued for any such establishment unless such is at least one thousand feet (1,000’) in a direct line from any of its public entrances to the nearest property line of a church, residence, school or other business entity operating under a license issued under this ordinance.  Any businesses existing as of the time of the passage of this ordinance shall be permitted to continue, however, if they should cease operations, or violate any of the provisions of this ordinance or any other applicable City, state or federal law, their license shall be subject to revocation and such may not be renewed unless they meet all provisions of any applicable law including the above spacing requirements.

XIL.

TERM; NONTRANSFERABLE

            Any license issued pursuant to this ordinance shall be for one (1) year and shall be nontransferable.

XIV.

DISPLAY

            A license issued pursuant to this ordinance shall at all times be displayed in some conspicuous place within the licensed place of business.

XV.

REVOCATION

A. The City Council is authorized and empowered to revoke the license of   any person licensed under this ordinance, after giving such licensee ten (10) days notice of a hearing and after conducting such hearing for the purpose of determining whether such license should be revoked.

B.  The power of revocation shall be exercised upon the following grounds only:

1. For the violation of any of  the provisions of this ordinance.

2. For violation of the prescribed hours of operation provided in this ordinance.

3. For knowingly permitting the presence on the premises of a person under the influence of intoxicating liquor.

4. For knowingly permitting disorderly conduct or immoral practices  on the premises.

5. For knowingly permitting the violation of the laws of the state of this

ordinance or any other ordinance of the City.

                  6.    For failure to comply with the regulations of this ordinance relating to

Minors.

                                          XVI.

                           PENALTY CLAUSE

            Any person who violates any provision of this Ordinance for which no other penalty is set forth shall, upon conviction, be subject to a penalty of not more than five hundred dollars ($500.00) per incident or per day in which such condition exists.  Each day that such violation is permitted to continue shall constitute a separate offense.  The term “person” as used in this section shall include the owner, occupant, mortgager or vender in possession, assignee or renter, receiver, executor, trustee, or lessee, agent or another person, firm or corporation directly, or indirectly, in control of a building or tract of land.

XVII.

SEVERABILITY CLAUSE

            That is  hereby declared  to be the intention of the City Council of the City of Port Lavaca that the sections, paragraphs, sentences, clauses and phrases of this Ordinance are sever able and if any phrase, clause sentence, paragraph or section of this Ordinance shall be declared invalid or unconstitutional be the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section.

XVIII..

EFFECTIVE DATE

            This Ordinance shall take effect January 1, 2003 after its passage and publication as required by law.

RECREATION AND AMUSEMENT MACHINES ORDINANCE        PAGE 6 OF  7

PASSED AND ADOPTED by the City Council of the City of Port Lavaca, Texas, this the ________________day of _______________________________,2002.

APPROVED:

                                                                                    ____________________________

 ALLEN THARLING, MAYOR

ATTEST:

___________________________________

CITY SECRETARY

APPROVED AS TO FORM:

___________________________________

TY ZELLER, CITY ATTORNEY