HomeMy WebLinkAboutOrdinance No. 113 TABLES A~D/OR COIN OPEPATED A~3SE~ DEVICES; PROVIDING A P~ALTY OF
NOT MORE THAN $200.00 FOR EACH VIOLATION; PROVIDING FOR AN~3AL OCCUPA-
TION TAX OF $6.00 PER TABLE AND/OR COIN OPEP~'r~3 ~4USE~rf DEVICE;
PROVIDiT~G A SEVERABILITY CLAUSE; PROVIDING kN E~'~'ECT/VE DATE.
BE IT OROAINED BY THE CITY COUNCIL OF T}~ CITY OF THE COLONY, TEXAS.
SECTION 1: Definitions:
(A) A "billiard table" is defined as any table surrounded
by a ledge or cushion with or without pockets upon which balls are
i~pelled by a stick or cue.
(B) "Coin operated amusement device" means a machine or
device operated by insertion of a coin, token or similar object, for the
purpose of anmsement or skill. Thais term does not include coin operated
mechanical musical devices.
(C) "City of The Colony" means the duly appointed, repre-
sentative of the City of The Colony charged with the enforcement of this
Ordinance, said representative to be appointed by The City ~nager.
(D) "Licensee" means a person licensed to operate billiard
tables and/or coin operated amuse~ent devices.
(E) "Operator" means a person who manages or controls a
business with billiard tables and/or coin operated ar~sement devices.
(F) "Person" means an individual, assu~aed name entity,
partnership, joint-venture, association, corporation or other legal
entity.
S~CTION 2. License Required:
(A) No person may operate billiard tables and/or coin
operated amusement devices in the City of The Colony without first
obtaining a license from the City of The Colony.
(B) Licenses shall be issued by the City Secretam%~ only
when the conditions of this ordinance t~ve been complied with and the
certificate and approval of the Chief of Police appears on the application.
(C) The provisions of this ordinance shall not apply to:
billiard tables and/or coin operated a~usement devices which are at pri-
vate hc~es and not operated for profit; or to billiard tables and/or
coin operated amusement devices which are operated by religious, charitable
or educational organizations. These exemptions shall not apply unless
the use of any such billiard tables and/or coin operated amus~ent
devices is restricted to residents of such private hemes, members of
such religious, charitable or educational organizations, or institutions,
and their invited guests, and where the general public is excluded fr~m
such use.
SDCTIgN 3. License Terms:
(A) All licenses issued under the terms of this ordinance
shall terminate one year from date of issuance.
(B) ~ license shall be issued under the terms of this
ordinance unless and until the applicant shall present the City Secretary
with satisfactory proof that the annual occupation taxes levied by the
State of Texas and the City of The Colony, Texas, for each billiard
table and/or coin operated a~usement device covered by the license
applied for have been paid in full.
(C) Licenses issued under the provisions of this ordinance
shall be deemed personal to the licensee and shall not be transferable
frem person to person or from place to place.
SECTION 4. License Application:
(A) An applicant for a license shall file with the City
of The Colony a written application on a form provided for that purpose.
The application shall be signed by the applicant, who shall be the owner
or person in control of the business entity operating such billiard
tables and/or coin operated amusement devices. Should an applicant
maintain billiard tables and/or coin operated arm/s~nent devices at more
than one location, a separate application must be filed for each lo-
cation. The following information is rec~ ired in the application:
(1) Name, address and telephone number of the
applicant, including the trade name by which
applicant does business and the street address
of the business which has billiard tables and/or
coin operated amusement devices, and if incorpor-
ated, tlle n~ne registered with the Secretary of
State, and the names and addresses of all corpor-
ation officers;
(2) If the applicant is an individual, that he
is a law-abiding person: that he nor his spouse
have ever been convicted of: a felony, or mis-
demeanor involving prostitution, gambling, drugs
or obscenity; and if so, the nature of the offense
and the result of the conviction;
(3) Name, address and telephone number of each
manager or operator of the business which has bil-
liard tables and/or coin operated amusement devices,
if different frc~ applicant, and proof that each
manager or operator is at least eighteen (18) years
of age;
(4) Whether any manager or operator and any cor-
porate officerof the applicant, if a corporation,
has been convicted within the preceding five (5)
years of an offense involving drugs, ganbling,
prostitution, obscenity, or felony;
(5) The previous occupations of the applicant,
manager or operator and all corporate officers
of the applicant, if a corporation, within the
preceding five (5) years;
(6) %'~ether a previous license of applicant, or
any corporate officer of applicant, or any other
entity owned, controlled or managed by applicant
has been revoked within t~ (2) years of filing
of the application, reasons why it was revoked
and where it was revoked;
(7) Number of billiard tables and/or coin oper-
ated anuse~ent devices in the business;
(8) Such application shall be accompanied by an
annual, non-refundable license fee of six ($6.00)
per billiard table and/or coin operatedamus~nent
device. Succeeding years license fees shall be
due and payable annually on the anniversary date
of the issuing of the license herein provided for;
(9) A statement that all the facts contained in
the application are true.
(B) The City of The Colony may require additional information
of an applicant or licensee to clarify items on the application.
SECTION 5: Fourteen Day Investigation Period:
All applications for licenses under the provisions of this ordinance
shall be on file at least fourteen (14) days prior to ~e issuance of
any such license in order to allow sufficient time for investigation of
the facts stated in the application.
SECTION 6: License Display, Replacement and Transferability:
(A) Each license issued pursuant to this ordinance must
be posted and kept in a conspicuous place in the business which bas
billiard tables and/or coin operated amusement devices for which the
license was issued.
(B) A replac~nent license may be issued for one lost,
destroyed or mutilated, upon application on a form provided by the City
of The Colony. A replac~ent license shall have the ~rd "RF~LA~"
stamped across its face and shall bear the same number as the one it
replaces. A two ($2.00) fee will be levied for replacement licenses.
(C) A licensee shall notify the City of The Colony
within ten (10) days of a change or partial change in the ownership or
management of the business which has billiard tables and/or coin operated
amusement devices, or a change of address or trade name or a change in
the number of billiard tables and/or coin operated amusement devices.
SECTION 7: Refusal to Issue or Renew License:
The City of The Colony may refuse to approve issuance or renewal of a
billiard table and/or coin operated amus~nent device license for one or
more of the following reasons:
(A) A false statement as to material matter made in an
application for license;
(B) Conviction within the preceding five (5) years of
the applicant or his spouse, his operator or corporate officer of the
applicant of an offense involving drugs, gambling, prostitution, obscen-
ity, or any felony;
(C) Any violation of this ordinance;
(D) Revocation of a license pursuant to this ordinance
of the auplicant or corporate officer of the auplicant within two (2)
years preceding the filing of the application.
SECTION 8: License Revocation:
The City of The Colony may revoke a billiard table and/or coin operated
amusement device license for any one or more of the following reasons:
(A) A false stat~nent as to a material matter made
in an application for a license, rene~al or a hearing-
concerning the license;
(B) Conviction of the licensee or his spouse, his operator
or corporate officer of the licensee, of an offense
involving drugs, gambling, prostitution, obscenity,
or any felony;
(C) Conviction twice within a one year period of the li-
censee or his operator for a violation of the hours of
operation provision of this ordinance;
(D) ~A~ployment by the licensee of an operator who is
under eighteen (18) years of age;
(E) Operation of more billiard tables and/or coin oper-
ated amusement devices than the business is licensed for;
or
(F) Violation by the licensee or his operator of Sections
14 or 15 of this ordinance.
SECTION 9: Appeal frem Refusal to Issue or Renew License or
Decision to Revoke License:
The City of The Colony shall send written notice of revocation or refusal
to issue or renew a license to an applicant or licensee by certified
mail, return receipt requested, setting forth the reasons for the re-
vocation. TI%is action is final unless the applicant or licensee, within
ten (10) days after the receipt of written notice of the action, files
with the City Manager a written appeal. The City ~.~nager shall, within
ten (10) days after the appeal is filed, consider all ~he evidence in
support either sustaining or reversing the action. If the City Manager
sustains the action, the applicant or licensee may, within ten (10) days
of notification of the decision file a ~itten appeal with the City
Secretary 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 authority to sustain,
reverse or modify the action appealed. The decision of the City Council
is final.
SECTION 10: Hours of Operation:
Premises licensed under the terms of this ordinance may remain open
between the hours of 7:00 a.m. through 12 midnight, Monday through
Thursday, 7:00 a.m. Friday till 2:00 a.m. Saturday, 7:00 a.m. Saturday
till 2:00 a.m. Sunday, and 1:00 p.m. Sunday till 12 midnight.
SECTIC~ 11: Prohibited Persons:
It shall be unlawful for any licensee hereunder to permit any known
prostitute, procurer, beggar, drunkard, or criminal character to be
present, or participate at or in any place or business licensed he-
reunder.
SECTI@~ 12: Police Regulations:
(A) Free access and entrance into any pr~mises licensed
hereunder shall at all times be accorded and granted to police and other
officers of the City of The Colony.
(B) The Chief of Police shall at regular times to be
designated by him, and at least once a week, cause all places and
businesses licensed hereunder to be visited and investigated by the
police.
SECTION 13: Age Limits:
(~) No person under the age of 13 years shall be permit-
ted to attend or take part in any game played upon a billiard table
and/or coin operated device licensed under the terms of this ordinance
unless such person is accompanied by a parent or guardian, or the li-
censee has the ~itten consent of the parent or guardian of such person
under 13 years of age.
(B) It shall be unlawful for any person to falsely re-
present himself to be either a parent or guardian of any ~nor under the
age of 14 years for the purpose of gaining admission of such minor into
such licensed premises.
SECTION 14: Licensee's Duty:
It st~ll be the duty of each licensee to prevent violations of the terms
of t]~s ordinance, and a failure to do so shall constitute sufficient
cause for revocation of any license granted hereunder.
SECTION 15: Responsibility of Licensee:
A licensee or his operator may not permit any of t2~e following activities
within the business which has billiard tables and/or coin operated
~m~s~nent devices:
(A) Violation of any possession, sale or delivery
provision of sub-chapter Four of the Texas Controlled Substances Act;
(B) Prostitution;
(C) Gambling; or
(D) ~my premises or businesses operating billiard tables
and/or coin operated amus~nent devices not licensed for the sale of al-
coholic beverages will not allow any alcoholic beverages to be brought
into said pr~nises or businesses for the keeping or consumption of said
alcoholic beverages. Permitting alcoholic beverages on these pr~nises
and/or businesses is grounds for revocation of the license granted under
the terms of this ordinance.
SECTION 16: Penalties:
Any person violating any provision of this ordinance shall be de~ned
guilty of a misd~anor and, upon conviction, shall be punishable by a
fine not to exceed Two Hundred Dollars ($200.00) for each offense; and
each day such violation continues shall constitute a separate offense.
SECTION 17:
That if any section, subsection, paragraph, sentence, clause, phrase or
word in this ordinance, or application thereof to any person or circum-
stances is held invalid by any court of competent jurisdiction, such
holding shall not affect the validity of the remaining portions of this
ordinance, and the City Council of the City of The Colony, Texas, hereby
declares it would have enacted such remaining portions despite any such
invalidity.
SECTION 18:
This ordinance shall take effect immediately frc~ and
after its passage on second and final reading and the publication of
the caption as the law and charter in such cases provide.
DULY PASSED ON FI.R~$T READING B~ THE City The Colony,
, 1980.
· Texas, on the _~_ day of f~/~ Council of The City of
FINALLY PASSED ON SECOND READlNG o~ the ~ ~ day of ~/y<~j , 1980.
APPROV]~ AS TO LEGALITY //
OF T5~ FORM:
V
City Attorney