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HomeMy WebLinkAboutOrdinance - 6456-1972 - Amending Article V Of Chapter 26. - 12/01/1972' Effective Date -December 1, 1972 , . ORDINANCE NO. ---- AN-ORDlNANCE AMENDING ARTICLE VI OF CHAPTER 26 OF THE CODE ORD.INANCES, CITY OF LUBBOCK, TEXAS, BY ADDING A NEW SECTION 26-48. ~ LEVYING AN OCCUPATION TAX ON COIN-OPERATED MACHINES; ADDING A W SECTION 26-48.2 PROVIDlNG FOR A LICENSE TO OPERATE AN ESTABL MENT WITH COIN OPERATED MACHlNES; ADDING A NEW SECTION 26-48. 3 P VIDING FOR APPLICATION FOR SUCH LICENSE; ADDING A NEW SECTION 26-4 PROVIDING HOURS AND MANNER OF OPERATION ; ADDING A NEW SECTION 26 48.5 PROVIDING FOR REFUSAL, SUSPENSION OR CANCELLATION OF LICENSE PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. WHEREAS, the City Council has determined that the changes indicated below would be in the best interest of the citizens of the City of Lubbock; NOW THERE- FORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT Article VI 11Coin-Operated Machinesrr, of Chapter 26 of the Code of Ordinances, City of Lubbock, BE and is hereby amended by adding thereto new Sections 26-48.1 26 .... 48. 2, 26-48. 3, 26-48.4 and 26-48. 5 which shall read as follows: Section 26-48.1. Occupation Tax There is hereby levied on each "Skill or pleasuro coin-operated machine 11 within the City of Lubbock, as such term is defined in Article 13. 01 of the V. A. T. S. Tax. -Gen., an annual occupation tax of $7. 50. This tax is to be paid by every 1'owner11 who owns, controls, possesses, exhibits, displays or permits to be exhibited or displayed in the City any such coin ... operated machine. The tax so levied shall be due January 1, 1973 for the calendar year 1973 and shall be due January 1 of each successive calendar year. This tax shall be subject to the rules and regulations set forth in Chapter 13, V. A. T. S. Taxation -General which authorizes this tax and establishes the manner of enforcement in collection. Section 26-48. 2. License Required Any person, firm, association of persons or corporation which owns, operates, leases or maintains a business estab- lishment which has as its primary or one of its primary attractions "skill or pleasure coin-operated machines 11 shall secure a license from the City Tax-Assessor Collector before commencing such operation. The term "skill or pleasure coin-operated machines 11 shall expressly include: marble II KJ:pr I miniature golf machines, miniat11re bowling machines and all other coin-operated machines used or operated for skill or pleasure. Section 26-48. 3 Application for License Applications to secure a license to operate coin- operated machines shall be on forms furnished by the Tax Assessor-Collector, and shall provide the following infor- mation: (a) The full names and addresses of all persons owning, having financial interest in, operating or managing the business establishment seeking the license. The applicant is charged with the duty of nottfying the Tax Assessor- Collector of any chang:es in ownership or management. (b) The business name and address where the coin-operated machines will be located. (c) :A sworn statement executed by the applicant that none of the owners, operators or managers of the establishment 'to be licensed have been finally convicted of a felony, a misdemeanor involving moral turpitude or a violation of the Texas Uniform Narcotic Drug Act during the preceding ten years. (d) The make, type, serial number and ownership of each machine. (e} The location of each machine . The applicant is charged with the duty of notifying the Tax Assessor-Collector of any removal or installation of machines on the licensed premises. Upon receipt of the application, the Tax Assessor-Collector shall issue a license to do business hereunder. An application fee of $5. 00 shall be paid to the Tax Assessor-Collector at the time the completed application is submitted. Licenses issued as stated above shall not be transferable and the licenseholder shall display a valid license on the licensed premises at all times. Section 26-48. 4 Hours and Manner of Operation (a) Establishments licensed hereunder shall not open before the hour of 8 a. m. on weekdays and Saturday and the hour of 12 noon a.m. on Sunday and close no later than 12 midnight on weekdays and Sunday and 12 midnight on Saturday. Curfew hours for minors must stillbe observed regardless of closing hours. :- KJ:pr (b) Minors under the age of 17 years shall not be permitted to PaY such coin-operated machines or remain in or fre'quent any such ·establishments unless accompanied by his parent, guardian or adult person responsible for his conduct. Section 26-48. 5 Refilsal, Suspensiooor GJancellation of License (a) The Tax Assessor-Collector may refuse to issue or renew a license if he finds that the applicant has not furnished the information required on the application submitted or if such applicant has made a false statement in, or in connection with, his application or renewal. (b) Upon the allegation of the Chief of Police that any license has been in violation of Section 26-48.4 hereof or upon the final conviction of any owner, operator or manager of a felony:-, a misdemeanor involving moral turpitude or a violation of the Texas Uniform Natcotic Drug Act, during the current license period notice shall be given by the Municipal Court Clerk to the Licensee of a hearing to be held at least 10 days from such notice to determine if such license should be suspended or cancelled. A hearing on such matter shall be held before the Judge of the Municipal Court said Judge being vested with jurisdiction for the purpose of hearing such cases. The Judge of the Municipal Court may continue such license, suspend for a period up to 30 days or cancel, as the evidence shall warrant. SECTION 2. THAT should any section~ paragraph, sentence, clause, phras or word of this Ordinance be declared unconstitutional or invalid for any reason; the remainder of this Ordinance shall not be affected thereby. SECTION 3. THAT the City Secretary is hereby authorized to cause publica tion of the descriptive caption of this Ordinance as an alternative method provided by law. AND IT IS SO ORDERED. Passed by the Council on first reading this 14th day of September ' 1972. , 1972. Passed by the Council on second reading this 9th day of November b---.L.