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HomeMy WebLinkAboutOrdinance - 8372-1982 - Persons Req. Under Prov. Article 8817 Of V.A.T.A To Obtain License To Do Busines - 09/23/1982SMH:da ORDINANCE NO. 8372 AN ORDINANCE AMENDING CHAPTER 26 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, ENTITLED "PUBLIC AMUSEMENTS", BY REPEALING SECTIONS 26-44 THROUGH 26- 61 (BEING ARTICLES ENTITLED "COIN-OPERATED MACHINES" AND ''BILLIARD AND POOL HALLS") AND IN ITS STEAD ADOPTING A NEW ARTICLE VI ENTITLED "COIN-OPERATED 1-tACHINES"; PROVIDING FOR A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. WHEREAS, the City Council finds that the lack of adequate parking for establishments with more than six skill or pleasure coin-operated machines has caused major problems with congestion and has resulted in infringement upon the rights of landowners whose property is adjacent to such establishments; and WHEREAS, the City Council has found the changes indicated below would be in the best interest and safety of the citizens of the City of Lubbock; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the present sections 26-44 through 26-61 of Chapter 26 of the Code of Ordinances, City of Lubbock, Texas BE and is hereby repealed. SECTION 2. THAT a new Article VI of Chapter 26 of the Code of Ordinances BE and is hereby adopted to read as follows: "Article VI. Coin-Operated Machines Sec. 26-44. Definitions. The following words, terms and phrases as used in this Article 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 the city. Owner is solely responsible for paying to the city the occupation tax on each coin-operated machine exhibited or displayed within the city and for securing the city decal evidencing payment of such tax on each coin-operated machine. (b) The term operator means any person, firm, company, association or corporation who exhibits, displays or permits to be exhi- bited or displayed, in his or its place of business or upon premises under his or its control, any coin-operated machine in the city. (c) Person includes any association of natural persons, trustee, receiver, partnership, corporation, organization, or manager, agent, servant, or employe~ of any of them. (d) 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. 00001 ' ' ' ' . ' . '. ' ' (e) The term "music coin-operated machine" means every coin-oper- ated 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 or metal slugs, tokens or checks. The following are expressly included within said term: phonographs, pianos, graphophones, and all other coin- operated machines which dispense or vend music. (f) The term skill o~ pleasure coin-operated machine means every machine or device of any kind or character whatsoever which is operated by or with coins or metal slugs, tokens or checks, when such machine or machines dispense or are used or are cap- able of being used or operated for the purpose of dispensing or affording skill or pleasure, or for any other purpose other than the dispensing or vending of merchandise, music or service exclusively. The following are expressly included within said terms, but not limited thereto: marble machines, marble table machines, marble shooting machines, miniature race track mac- hines, miniature football machines, miniature golf machines, miniature bowling machines, and all other coin-operated mac~ hines which dispense or afford skill or pleasure. This term shall include coin-operated billiard and pool games. Provided that every machine ordevice 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 pleasure or skill shall be considered as skill or pleasure coin-operatedmachines. (g) The term "service coin-operated machines" means every pay toilet, pay telephone and all other machines or devices which dispense service only and not merchandise, music, skill or pleasure. Sec. 26-45. Occupation tax; amount; registration. Every own~r who exhibits or displays, or who permits to be exhibited or displayed in the city any coin-operated machine shall pay, and there is hereby levied on each coin-operated machine an annual occupation tax in the amount of seven dollars and fifty cents ($7.50}. All occupation taxes for coin-operated machines are payable annually in advance. Upon payment of the tax every owner shall register each machine by make, model and serial number with the city secretary or designated agent. Wheneve~ an owner shall exhibit or display, or permit to be exhi- bited or displayed, any coin-operated machine for commercial use, there shall be securely attached thereto a decal issued by the city secretary evidencing payment of the tax. Each coin-operated machine is subject to the occupation tax when exhibited or displayed for commercial use within the city. Since the tax is payable in advance, 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: 2. ; ' ' .. . . . . ' First quarter January 1 to March 31 --Seven dollars and fifty cents ($7.50). Second quarter: April 1 to June 30 --Five dollars and sixty-two cents ($5.62). Third quarter: July 1 to September 30 --Three dollars and seventy- five cents ($3.75). Fourth quarter: October 1 to December 31 --One dollar and eighty- eight cents ($1.88). Sec. 26-46. Exemptions from tax. Gas meters, pay telephones, pay toilets, food vending machines, confection vending machines, beverage vending machines, merchandise vending machines, and cigarette vending machines which are now subject to an occupation or gross receipts tax, stamp vending machines, and "service coin-operated machines," as that term is defined, are expressly exempt f~om the tax levied herein, and the other provisions of this chapter. Sec. 26-47. Display and issuance of decal evidencing payment. The decal issued by the city secretary to evidence payment of the tax levied herein shall be securely attached with its own adhesive to be a fixed, noninterchangeable part of the coin-operated machine so as to be easily seen by the public. The decal shall be securely attached to the machine in a manner that will require continued application of steam and water to remove the same. During the month of December of each year, owners shall pay the occupation tax, register the machines taxed, and thereby receive a decal for each coin-operated machine to be within the city on January 1. Sec. 26-48. Sealing machine to prevent operations. The City Secretary or authorized representative may seal any such machine upon which the tax has not been paid in a manner that will pre- vent further operation. The City Secretary shall charge a fee of Five Dollars ($5.00) tor the release of any machine sealed for non-payment of tax. The fee shall be paid to the City Secretary by cashier's check or money order. It shall be unlawful to break the seal affixed in the name of the city or exhibit, display .or remove from location any machine on which the seal has been broken. Sec. 26-49. Chapter does not authorize illegal machines. Nothing contained in this division shall be construed or have the effect to license, pemit, authorize or legalize any machine, device, table or coin-operated machine, the keeping, exhibition, operation, displaying or maintenance of which is illegal or in violation of any article of the Penal Code of this State, or the Constitution of this State. 3 Sec. 26-50. License or Registration Certificate required. All persons required under the provisions of Article 8817 of V.A.T.S. to obtain a license to do business under said article who engage in said business within the city are required to pay a license fee to the city secretary in accordance with the provisions of this chapter. Sec. 26-51. Types of Licenses. (a) A person who wishes to engage in certain business dealing with music coin-operated machines or skill or pleasure coin-operated machines shall apply for a general business license or a repair license, or any combination of these. (b) A general business licensee may engage in business to manufac- ture, own, buy, sell, rent, lease, trade, repair, maintain, service or exhibit within the city and store music and skill or pleasure coin-operated machines. (c) A repair licensee may engage in the business of repairing, maintaining, servicing, transporting, or storing music, skill, or pleasure coin-operated machines. Sec. 26-52. fees. (a) The annual license fee for a general business license shall be as follows: For a license with 50 or fewer machines within the city, $100; For a license with 51-200 machines within the city, $200; For a license with over 200 machines within the city, $250. (b) The annual license fee for a repair license is $25. Within thirty (30) days from the date any person has submitted an appli- cation for a license from the Texas Amusement Machine Commission, he shall pay the annual license fee required by the City in the office of the City Secretary for the City of Lubbock. Upon presentation of a cert- ified statement that the applicant has submitted an application for a license with the Texas Amusement Machine Commission and payment of the license fee, the City Secretary shall issue a City license. This license will expire on January 31 of each calendar year. A person must renew an unexpired license by paying to the city secretary before the expiration date of the license the annual license fee. If a person '.s license has been expired for not more than 90 days, the person must renew the license by paying to the city secretary a fee that is 1~ times the annual license fee. If a person's license has been expired for more than 90 days but less than two years, the person must renew the license by paying to the city secretary a fee that is two times the annual license fee. ~f a person's license has been expired for two years or more, the person may not renew the license. The person must obtain a new license by complying with the requirements and procedures for obtaining an originAl license. 00004. ," . .,, . . ·~ .. . ' I ' Sec. 26-53. Exemptions. (a) A person who owns or exhibits coin-operated machines is exempt from the licensing and record keeping requirements imposed by this Article if: (1) be operates or exhibits his machines exclusively on pre- mises occupied by him, and in connection with his business; and (2) be owns no machine subject to the occupation tax imposed by this chapter located on the business premises of an- other person; and (3) he has no financial interest, direct or indirect, in the coin-operated music, skill, or pleasure machine industry, except for the interest be owns in his machines used exclusively on premises occupied by him. (b) Machines which are exhibited by a nonlicensed owner exempt under this section must be registered with the City Secretary. The owner shall obtain a registration certificate each year. The registration certificate shall show the name and address of the location of each machine and shall certify that the machine has a valid tax stamp affixed to it. The owner shall obtain his registration certificate by filing sworn application. (c) Each time the location of a machine is changed, the owner of the registration certificate shall notify the City Secretary of the change by filing an amendment to the registration certifi- cate within 10 days of the change. (d) The fee for registration of machines affected by this section is $25 for the business entity in which the owner's machines are exhibited. The fee shall be paid to the City Secretary. (e) An application for the renewal of a registration certificate must be made to the City Secretary before January 31 of each year. (f) A person must renew an unexpired registration for a machine by paying to the City Secretary before the expiration date of the registration the required registration fee. If a person's registration has been expired for not more than 90 days, the person must renew.tbe registration by paying to the City Sec- retary a fee that is 1~ times the registration fee. If a person's registration has been expired for more than 90 days but less than two years, the person must renew the registration by paying to the City Secretary a fee that is two times the registration fee. If a person's registration has been expired for two years or more, the person may not renew the registra- tion. The person must obtain a new registration by complying with the requirements and procedures for obtaining an original registration. ~ .. _, . ,. Sec. 26.-54. Operator's Permit required. Any operator who exhibits, displays or permits to be exhibited or displayed, in his or its place of business or upon premises under his or its control six (6) or more skill or pleasure coin-operated machines shall obtain an Operator's Permit from the City Secretary. Sec. 26-55. An Operator's Permit application may be obtained at the city secre- tary's office and the applicant shall be required to furnish the following information: (a) The business name and the address of the location where the machines are to be located. (b) The name of the owner of the business where the machines are to be located and his address. (c) An agent resident in Lubbock County and his address shall be provided if the address of the owner of the business where the machines are to be located is not in Lubb·ock County. (d) The maximum number of skill or pleasure coin-operated machines to be located at the business. (e) A legal description of the property of the business where the machines will be located. (f) An Operator's Permit shall not be issued unless the parking ratio of 1 parking space per 50 feet of gross floor area is provided on the development lot. (g) An applicant whose business existed on or before November 3, 1982 shall be pe:rmitted to obtain an Operator's Permit under. this chapter without complying with 26-55(£) of this Chapter, provided that no structural alterations are made except those required by law or ordinance. Compliance with Section 26-55(f) 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. Sec. 26-56. ~evocation of Operator's Permit. Any Operator's Permit issued under this Chapter shall be subject to revocation by the City Secretary for the following reasons: (a) The correct permit fee has not been tendered to the City Secre- tary, in the case of a check or bank draft, honored with pay~ ment upon ~resentation; 00006 ... (b) Failure to comply with the requirements of this article. Sec. 26-57. Appeals. Any applicant whose permit has been denied or revoked pursuant to the provisions of this section may appeal such denial or revocation to the City of Lubbock fermit and License Appeal Board in accordance with Article XI Section 2-89 et. seq. of the Lubbock Code of Ordinances, by filing a ~itten notice of appeal within ten (10) days of such denial or revocation at the office of the City Manager of the City of Lubbock. The filing of an appeal of the revocation of an Operator's Permit shall stay the revocation order until the hearing before the City of Lubbock Permit and License Appeal Board. Sec. 26-58. Issuance of Operator's fermit. The City Secretary shall issue an Operator's Permit to the applicant upon the payment of a processing fee of twenty-five dollars ($25.00) and upon appl;'oval by the Building Of.ficial, the Zoning Administrator, and the Fire lla.r13hall or their representatives. Approval shall be given if the business where the machines are to be located is in conformity with applicable ordinances and codes. An Operator's Permit issued by the City Secretary shall be renewed annually. Sec. 26-59. :Penalty for vioh.tion. Any person found guilt)" o.f violating the provisions of this chapter ~hall be guilty of a misdemeanor and upon conviction, shall be fined not to exceed Two Hundred and No/100 Dolla-.;s ($200.00)." SECTION 3. THAT should anr section, paragr11ph, sentence, clause or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. SECTION 4. THAT the City Secretary is hereby authorized to cause publication of the descriptive caption of this Ordinance as an alternative -method provided by law. ]. l . AND. IT IS SO ORDERED. Passed by CityCouncil on first reading this 23rd day of September Passed by City Council on second rea~r as amended. r . I . . BILL McALISTER, MAYOR APPROVED AS TO CONTENT: Rick Childers, Administrative Assistant APPROVED AS TO FORM: Susan M. Horton, Asst. City Attorney ' 1982. ' 1982, OC008 THE STATE OF TEXAS COUNTY OF LUBBOCK Before me Bonnie McKee a Notary Public in and for Lubbock County, Texas on this day personally appeared Ttt11a Auftllt Account Manal!er of the Southwestern Newspa- pers Corporation. publishers of the Lubbock Avalanche-Journal -Morning, Evening and Sunday, who being by me duly sworn did depose and say that said newspaper has been published continuously for more than fifty-two weeks prior to the first insertion of this lel!al Nottce-144 vordtCit60t Per wo rd•$86 .40 No. 619639 at Lubbock County. Texas and the attached print- ed copy of the Notice is a true copy of the original and was printed in the Lubbock Avfclta~-Journal on the following dates: November 20 &: 27t 1982. LUBBOCK AVALANCHE-JOURNAL Southwestern Newspapers Corporation Subs~;ibed and. sworn to before me this29th day orNovembe r FORM58-l0