Loading...
HomeMy WebLinkAboutOrdinance - 10038-1997 - Amending Article V Chapter 3 Code Of Ordinances 3-105 Through 3-120 - 12/11/1997First Reading Item #25 December 11, 1997 Second Reading Item #15 December 18, 1997 ORDINANCE NO. 10038 AN ORDINANCE AMENDING ARTICLE V, CHAPTER 3 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, BY AMENDING SECTIONS 3-105 THROUGH SECTION 3-120 TO CLARIFY AND UPDATE THE EXISTING ORDINANCE WITH REGARD TO THE REGULATION OF COIN- OPERATED MACHINES. WHEREAS, the City Council of Lubbock desires to make the current system of regulating the use of coin-operated machines more efficient and understandable to local businesses; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. That section 3-105 of the Code of Ordinances, City of Lubbock, Texas, is hereby amended to read as follows: "Sec. 3-105. Definitions. The following words, terms and phrases as used in this Article are defined as follows: (a) The term "coin-operated machine" means every machine or device of any kind or character , which is operated by or with coins or metal 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. (b) The term "music coin-operated machines" means every machine or device of any kind or character that dispenses or vends or that is used for dispensing or vending music and is operated by or with coins, metal slugs, tokens, or checks. (c) The term "operator" means any person, firm, company, association, or corporation which exhibits, displays or permits to be exhibited or displayed, in a place of business, any "coin-operated machine" in the city. ( d) The term "owner" means any person, firm, company, association, or corporation owning any "coin-operated machine" in the city. (e) The term "person" includes any natural person, association of natural persons, trustee, receiver, partnership, corporation, organization, or the manager, agent, servant, or employee of any of them. (f) The term "service coin-operated machines" means every pay toilet, pay telephone, and all other machines which dispense service only and not merchandise, music, skill, or pleasure. (g) The term "skill or pleasure coin-operated machines" means every coin- operated machine of any kind or character whatsoever, when such machine or machines dispenses 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 Article." SECTION 2. That section 3-106 of the Code of Ordinances, City of Lubbock, Texas, is hereby amended to read as follows: "Section 3-106. Occupation Tax; amount; registration. (a) Every owner who exhibits or displays, or who permits to be exhibited or displayed in the city any coin-operated machine shall pay an annual occupation tax on each coin-operated machine that is hereby levied in the amount of seven dollars and fifty cents ($7 .50). (b) The following tax rate schedule will be applicable to a coin-operated machine which is exhibited or displayed for commercial use within the city during any quarter of the calendar year: First Quarter, January 1 to March 31 Second Quarter, April 1 to June 30 Third Quarter, July 1 to September 30 Fourth Quarter, October 1 to December 31 $7.50 $5.62 $3.75 $1.88 ( c) All occupation taxes for coin-operated machines are payable in advance. Prior to payment of the tax every owner shall register each machine by make, model, and serial number with the city secretary or designated agent." SECTION 3. That section 3-108 of the Code of Ordinances, City of Lubbock, Texas, is hereby amended as follows: "Section 3-108. Display and issuance of decal payment. (a) The decal issued by the city secretary to evidence payment of the tax levied herein shall be securely attached with its own adhesive to a fixed part of the coin-operated machine so as to be easily seen by the public. The decal shall be 2 attached to the machine in a manner that will require the continued application of steam and water to remove the decal. (b) During the month of December of each year, owners shall pay the occupation tax, register the machines taxed, and receive a decal for each coin- operated machine to be within the city on January 1st of the following year." SECTION 4. That sections 3-111 through section 3-114 of the Code of Ordinances, City of Lubbock, Texas, is hereby repealed and reserved. SECTION 5. That section 3-115 of the Code of Ordinances, City of Lubbock, Texas, is hereby amended to read as follows: "Section 3-115. Operator's permit. (a) Any business which operates six (6) or more skill or pleasure coin- operated machines or any business whose principal business is the operation of skill or pleasure coin-operated machines, without regard to number, shall obtain an operator's permit from the city secretary. (b) The fee for registration of machines affected by this section is twenty-five dollars ($25.00). The fee shall be paid to the city secretary. ( c) Each time the location of a machine is changed , the operator shall notify the city secretary of the change by filing an amendment to the operator's permit application within ten (10) days of the change. ( d) An application for the renewal of an operator's permit must be made to the city secretary by December 31st of each year." SECTION 6. That section 3-116 of the Code of Ordinances, City of Lubbock, Texas, is hereby amended to read as follows: "Section 3-116. Operator's permit; Application. (a) An operator's permit application may be obtained at the city secretary's office. (b) The applicant will be required to furnish the following information: (1) The name of the business and the address of the location where the machines are to be located. 3 (2) The name of the owner of the business where the machines are to be located and his address. (3) The name and address of the local agent if the operator is not a resident of the city of Lubbock. ( 4) The maximum number of skill or pleasure coin-operated machines to be located at the business. ( c) An operator's permit shall not be issued unless: (1) The parking ratio of one parking space per fifty (50) square feet of gross floor area is provided on the development lot. (2) The legal description of the property of the business where the machines will be located. (3) The business is zoned for the operation of coin-operated machines. ( d) A business that existed on or before November 3, 1982, and has remained in continuous operation shall be permitted to obtain an operator's permit under this chapter without complying with Section 3-116(c)(l), provided that no structural alterations are made except those required by law or ordinance. Compliance with Section 3-116(c)(l), of this chapter shall be required when an exempted business is added to or enlarged. This requirement may be satisfied upon the granting of a variance by the Zoning Board of Adjustment." SECTION 7. That section 3-118 of the Code of Ordinances, City of Lubbock, Texas, is hereby amended to read as follows: "Section 3-118. Appeals. Any applicant or operator whose permit is denied or revoked pursuant to the provisions of this section may appeal such denial or revocation to the City of Lubbock Permit and License Appeal Board in accordance with Chapter 2, Article VI, of the Lubbock Code of Ordinances." SECTION 8. That section 3-119 of the Code of Ordinances, City of Lubbock, Texas, is hereby repealed and reserved. 4 AND IT IS SO ORDERED. Passed by the City Council on first reading this ..ll.tlL day of December Passed by the City Council on second reading 18th day of December ATTEST: APPROVED-AS TO CONTENT: APPROVED AS TO FORM: /2/'~ /4 /~ William de Haas Assistant City Attorney 5 • 1997. 1997. THE STATE OF TEXAS COUNTY OF LUBBOCKl Before mc_ ___ __,,...µ::..;,.~~,-.q,..,~ELJWf.....!!:::.a for Lubbock County, Texas on this day personally appe .,,.._~CL..::~-,;+F-<'4Si.-¥-,~-I-IIJ,~.L-l,...L.Jr....,___,c.~::.J-_.c_;....:,g.-lC---'of the Southwestern Newspa- pers Corporation, publishers of the Lu bock Avalanche-Journal -Mornmg, and Sunday, who being by me duly sworn did depose and say that said newspape h been published continuously for more than fitly-two weeks pri- or to the first insertion of this ~......,~-~;..z..,-,.•• ...... =--------------------- ---------,,--------No./dt/ -dso/J'. at Lubbock County, Texas and the attached print- ed copy of the ~ g / a true co y of the original and was printed in the Lubbock Avalanche-Journal on the following dates:4 tf4:~'.3.#.~~~H-q~+=-::-c------------- r~ -• J NOTARYPU ~o!T~ My Commission Expires .............. / 2-:Y-: 'P/ Morris Communication Corporation Subscribed and sworn to before me thi~s --~-~~~day of JJ&e,,, &ec '19 17 FORl\158-10.