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Home My WebLink AboutOrdinance - 6587-1973 - Amending Article VI Of Chpt. 26 For A License To Operate Coin Operated Machines - 03/08/1973) ~~ . ' ~.f:kt f '"" II '. ORDINANCE NO. 6587 ---- AN ORDINANCE AMENDING ARTICLE VI OF CHAPTER 26 OF THE COD OF ORDINANCES, CITY OF LUBBOCK, TEXAS, BY AMENDING SECTION 26 .. 48. 2 PROVIDING FOR A LICENSE TO OPERATE AN ESTABLISHMENT WITH COIN OPERA TED MACHINES; AMENDING SECTION 26 ... 48. 3 PROVIDING FOR APPL! .. -CATION FOR SUCH LICENSE; AMENDING SECTION 26 ... 48. 4 PROVIDING HOURS ND MANNER OF OPERATION; .AMENDING SECTION 26.,.48. 5 PROVIDING FOR !REFUSAL. SUSPENSION OR CANCELLATION OF LICENSE; PROV:WING A SAVIN 1CLA USE AND PROVIDING FOR PUBLICATION. WHEREAS., the City Council has determined that Article VI of Chapter 26 of the Code of Ordinances of the City of Lubbock levying an occupation tax and regulating the use and operation of certain coin operated machines should be amended provide a more definite classification of the business establishments and the 1operators thereof which are required to secure a license to control, possess, ex ... .ibit or display such coin operated machines in the best interest and welfare of the 1citizens of the City of Lubbock; NOW THEREFORE: IBE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT Section 26 .. 48. 2 of Chapter 26 of the Code of Ordinanc~s City of Lubbock. BE and is hereby amended to read as follows: 11Section 26 .. 48. 2. Coin ... Operated Machines .... License. (a} Definitions ... the following words., terms and phrases as used in this Article are defined as follows: (1) The term "riwner" means any person. individual, firm, company., association or c orp0ration owning or , P having the care., control., management or possession o of any "coin ... operatect·'machine" in this State. (2) The term "operator" means any person, firm., company, association or corporati:m who exhibits., displays or permits to be exhibited or displayed, in his or its place of business ord)pon premises under his or its control., any "coin"'"Operated machine" in this State. . ·~' ,~-. . '"oK --.r:_k_r or any employee of his department or any peace officer may freely enter upon the licensed business premises during nor .. mal business hours for the purpose of ensuring eompliance with this Article. 11 SECTION 2. THAT Section 26 ... 48. 3 of Chapter 26 of the Code of Ordinan®s City of Lubbock BE and is hereby amended to read as follows: '- "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 information: (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 notifying the Tax Assessor Collector of any changes in CJONnership or management. (b) The business name and address where the coinHoperated 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 violaticn of the Texas Dangerous Drug Act during the preceding ten (10) years. {d) The make, type, serial number and ownership and address of such owner 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., and shall furnish the information required in sub ... section {d). Upon receipt of the application, the Tax Assessor ... Collector shall issue a license to do business hereunder for a period of 12 months f.,.,.....,... rli;i¼ ...... nf i~.<a:mm~P.. An a.nnlication fee of $5. 00 shall be paid tc l ·-·· _J=~~~.:_~=--~T l~z:--:-.--II KJ:kr ,.., ~-operated for the purpose of dispensing or affording skill or pleasure# or fo;r any other purpose other than the dispensing or vending of 11merchandise., 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 machines, miniature football machines., miniature golf machines, mini ... ature bowling machines., and all other coin ... operated machines which dispense or afford skill or pleasure. Provided that every machine or device of any kind or character which dis ... penses or vends merchandise, commoditi'l=s 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 ... operated machines. 11 (b) License Required Any person, firm., association of persons or corporation which owns., operates., leases car maintains a business e:stablishment which operates., maintains or makes available for use or oper ... ation six or more 11s kill or pleasure coin.,.ope rated machire s 11 shall secure a license from the City Tax Assessor ... Collector before commencing such operation. Such license shall authorize operation for a period of twelve months from date of issuar-ice. It shall be unlawful for any such person, firm., association, or corporation to fail to secure such license. (c) Defining Public Nuisance and Providing Remedy to Abate. Every business establishment subject to the provisions of Section 26.,.48. 2(b) which has not been issued a license is hereM by declared to be a public nuisance and its continued operation after due notice in writing from the City Attorney addressed to the owner or manager in charge of such business delivered by Certified Mail or in person by someone under the direction of the City Attorney., shall be subject to abatement upon petition to a court of competent jurisdiction for the abatement of such nuisance by restraining the person, firm, association or per ... sons or corporation which owns, operates, leases, maintains or makes available for use or operation such "skill or pleasure =====:,:~ v KJ:kr ,. ·~ SECTION 3. THAT Section 26.,.48. 4 of Chapter 26 of the Code of Ordinanct s, City of Lubbock, BE and is herJby amended to read as follows: "Section 26-48. 4 Hours and Manner of Operation. (a) A licensed "operator11 shall not permit any person to use or operate a "skill or coin ... operated machine" before the hours of 8:00 A. M. on a week day and 12 noon A. M. on a Sunday and after the hour of 2:00 A. M. on a week day and 2:00 A. M. on a Sunday. Provided. however, it shall not be a violation of this provision for a bona fide employee of an "owner11 of a "Skill or coin-operated machine11 to use or operate such machine while engaged in the testing, servicing or repair of a machine. Pro .. vided further that this Section shall not be construed as being in conflict with the curfew hours established for minors in Section 19-22 of the Code of Ordinances of the City of Lubbock which remains in full force and effect. (b) A licensed "operator0 shall not permit any person under the age of fifteen (15) years to use., play or· operate a coin.,. operated machine., or remain in or frequent any such licensed establishment unless accompanied by his parent, . or spouse. If any person under the age of fifteen (15) years falsely represents his or her age to be fifteen (15) ye~rs or older by displaying. aif~~reij°tly valid 'J:'exas operator1s/iNtitY8n~me for the purpose of gaining admission to such licensed premises the licensed 11operator11 thereof shall not be guilty of a violation of this section. (c) A licensed 11operator11 shall not permit any betting or gambling on the operation or use of a coin.,.operated machine. 11 SECTION 4. THAT Section 26 ... 48. 5 of Chapter 26 0£ the Code of Ordinanc lity of Lubbock,. BE and is hereby amended to read as follows: 11Section 26-48. 5 Refusal, Suspension or Cancellation of License (a) The Tax Assessor-Collector may refuse to issue a license if he finds that the applicant has not furnished the information, -.... -.... :..,._..:i --+L ..... ---1!--+~--.,... __ L_ __ ,!J..i.,__1 ---:!.D ----1--~w-1~----L 1--·- 'J v ~J===-~=-----=-=:=----~r KJ:kr A hearing on such matter shall be held before the Judge of the Municipal Court said Judge being vested with juris- diction for the purpose of hearing such cases. The Judge of the Municipal Court may continue such license, suspend for a period upcto thirty (30) days or cancel, as the evidence shall warr.ant. " (c) Discretionary Grounds for suspension of license -The Judge of the Municipal Court may suspend a license for any period not exceeding thirty (30) days if he finds that licensee has violated either Sub-section {a) (b) or {c) of Section 26 ... 48. 4 for the first or second time. (d) Mandatory grounds for cancellation of license ... The Judge of the Municipal Court shall cancel a license if he finds that licensee has violated either Sub ... section (a) (b) or (c) of Section 26.,.48. 4 for a third time after being suspended under Sub-sec- tion (c) hereof or if licensee has made a false statement in his application for a license~ or if the licensee or the operator or manager employed by licensee,. either one or all, has been finally convicted of a felony, or a misdemeanor involving moral turpitude or a violation cPf the Texas Dangerous Drug Act. SECTION 5. THAT should any section., paragraph., sentence., clause, phrase or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. SECTION 6. THAT the City Secretary is hereby authorized to cause publication of this Ordinance once a weeki>r two (2} consecutive weeks in a news ... paper regularly published in the City of Lubbock. AND IT IS SO ORDERED. Passed by the Council on first reading this 8th day of March , 1973. Passed by the Council on second reading this 22nd day of March , 1973. ~.~----IATTEST: :ORRIS w. TURNER, MAYOR