Chapter 5. Amusements

Every license or permit required by the provisions of this chapter shall be issued under, and subject to, the provisions of this Code.

It shall be unlawful for any person to conduct, operate, manage or sponsor any Ferris wheel, merry-go-round or other amusement ride operated for hire or for the purpose of promoting or advertising any trade or business within the city without first obtaining a permit therefor.

Any house, place of business, place of amusement, or other place, shall be deemed covered under this article, wherein there are maintained eight or more coin-operated amusement machines, which shall include every coin-operated amusement machine of any kind or character whatsoever when such machine dispenses or is used, or is capable of being used or operated for amusement or pleasure, or where such machine is operated for the purpose of dispensing or affording skill or pleasure. A house, place of business, place of amusement or other place which shall otherwise be covered under this article shall not be deemed covered or subject to the provisions or section 5-18, wherein part of such place of business, place of amusement or other place shall be equipped with partitions, doors or other method of closure, which would allow the closing, in compliance with section 5-18, of a portion of such place of business wherein four or more coin-operated amusement machines are maintained.

(Ord. No. 2216, § 1, 3-15-1976; amended Ord. No. 98-015, 4-20-1998)

(a) This article is not applicable to exempt corporations and associations as defined under V.T.C.A., Occupations Code § 2153.005.

(b) The following classes and types of machines are specifically exempted from such coverage: gas meters, pay telephones, food vending machines, confection vending machines, cigarette vending machines, stamp vending machines, service coin-operated machines which are expressly exempt from occupational tax as provided for under V.T.C.A., Occupations Code § 2153.004.

(Ord. No. 78-024, § 1, 4-3-1978)

Any place of business deemed covered by this article shall be permitted to be open for business from 10:00 a.m. until 11:00 p.m. Sunday, Monday, Tuesday, Wednesday and Thursday, from 10:00 a.m. Friday until 1:00 a.m. Saturday, and from 10:00 a.m. Saturday until 1:00 a.m. Sunday of each calendar week.

(Ord. No. 2216, § 2, 3-15-1976)

It shall be required that a certified police officer, who shall be compensated by the owner of such place of business, shall be on duty on the premises of any place of business covered under this article at any time when more than 35 persons are present in any area or room where eight or more coin-operated amusement machines are kept. No more than 35 persons may be admitted to the area or room where eight or more coin-operated amusement machines are kept, unless a certified police officer is on duty.

(Ord. No. 2216, § 3, 3-15-1976; amended Ord. No. 98-015, 4-20-1998)

It shall be required that a minimum of 65 percent of the front face of the building, wherein a place of business is maintained, which is covered under this article, that is more than three feet above sidewalk grade and not more than seven feet above sidewalk grade, shall be of transparent glass, unobscured by obstructions.

(Ord. No. 2216, § 4, 3-15-1976)

Intoxicating liquids, or any type of controlled substances may not be sold, consumed or possessed on the premises of any place of business covered under this article.

(Ord. No. 2216, § 5, 3-15-1976)

(a) Doors and openings in partitions within the public area of any place of business covered under this article shall not be less than 50 square feet. At all times when any place of business covered under this article shall be open for business as provided herein, all such doors and openings in partitions within the public area shall be unobstructed by doors, curtains, gates or other obstructions.

(b) All partitions shall be constructed of a noncombustible material of a one hour fire rated assembly.

(Ord. No. 2216, § 6, 3-15-1976)

No sound of any nature may be amplified or otherwise be audible beyond the property limits of a place of business covered under this article.

(Ord. No. 2216, § 7, 3-15-1976)

Lighting shall be maintained at an intensity of not less than 30 footcandle power, three feet from the floor, measured at any location in any room open to the public, which shall be operative during all hours of operation of any place of business covered under this article.

(Ord. No. 2216, § 8, 3-15-1976)

(a) Every owner who owns, controls, possesses, exhibits, displays or who permits to be exhibited or displayed in the city, eight or more coin-operated amusement machines, shall pay on every such machine, except those owned by an organization exempted by this article, an annual occupational tax in the amount of $7.50. Such occupational tax shall be payable to the director of finance on or before December 15 for the next succeeding calendar year.

(b) The director of finance shall issue a certificate evidencing payment of such occupational tax, and such certificate shall be securely attached to the machine in a manner that will require continued application of steam and water to remove the same, or such certificate shall be posted in a conspicuous place at or near the machine so as to be easily seen by the public. The certificate affixed to the machine shall be valid only for the machine which must be identified by serial number and it shall be unlawful to move such machine to a different place of business in the city without prior written notification to the director of finance. Any person who shall exhibit, display or have in his possession within the city, a coin-operated amusement machine without having annexed or attached thereto a valid certificate issued by the director of finance, showing payment of the tax due thereon for the current year, shall be deemed to have violated this article.

(c) The occupational tax provided for hereunder shall not be subject to pro-ration or reduction for payment for a period less than 12 calendar months.

(Ord. No. 2216, § 9, 3-15-1976; Ord. No. 78-024, § 2, 4-3-1978; Ord. No. 98-015, 4-20-1998)

(a) The director of finance or his designee may seal, in a manner that will prevent further operation, any coin-operated amusement machine subject to the payment of the occupational tax upon which the tax levied by this article has not been paid. Any person subject to this section shall be required to pay a fee of $5.00 for release of any machine sealed, as provided herein, for nonpayment of the tax.

(b) Whoever shall break the seal, pursuant to this article, or exhibit, display or remove any machine on which such seal has been broken, shall be guilty of a misdemeanor and shall be in violation of this article.

(Ord. No. 2216, § 10, 3-15-1976)

(a) It shall be unlawful for any owner, manager, employee or representative of the owner or lessee or any person who may be in charge and having care and management of any place of business covered under this article, to open, operate or conduct the same without having first paid to the city, an annual occupational tax as hereinafter provided, and secured a license as specified herein.

(b) In addition thereto, proof of payment of the annual occupational tax for each machine in the applicant's possession shall be required.

(c) Any license issued under the provisions of this article shall not be subject to transfer, assignment or conveyance, and upon such attempted transfer, assignment or conveyance, the same shall become immediately void.

(Ord. No. 2216, § 11, 3-15-1976)

(a) Every person required by this article to obtain a license for the operation of a place of business covered under this article shall file, no later than December 15 of each year, with the director of finance, a sworn affidavit, in a form which shall be prescribed by the city manager, stating therein the name, home address and principal business address of each owner of the business or enterprise through which the coin-operated amusement machines are owned and operated, if such business or enterprise be unincorporated; or for an incorporated business or enterprise, such affidavit shall state the name, home address and principal business address of the president, vice president, secretary, treasurer and each director thereof. Every person required by this article to obtain a license for the operation of a place of business covered under this article, shall, prior to the effective date of any change of ownership of such business or any owner thereof, if such business or enterprise be unincorporated, or if such business or enterprise or of the home address or principal business address or enterprise be incorporated, prior to the effective date of any change of officers or directors of such business or enterprise, or of the home address or principal business address of any officer or director thereof, file with the director of finance a sworn affidavit, in a form which shall be prescribed by the city manager. Such affidavit shall state therein such change of ownership of such unincorporated business or enterprise, and such change of home address or principal business address of any owner thereof, or such substitution of officers or directors of such incorporated business or enterprise and such change of home address or principal business address of any officer or director thereof.

(b) The affidavits required herein shall further state, in the event the applicant is unincorporated, that each owner has not been convicted of any felonies of any nature or other crimes of moral turpitude in this state or any other state; and if having been so convicted, such affidavit shall contain a full statement as to the place of conviction, date of conviction and crime for which applicant was convicted.

(c) In the event the applicant is a corporation, then the affidavit shall further state that none of the officers of the corporation have been convicted of any felonies of any nature or any other crimes of moral turpitude in this state or any other state; and if having been so convicted, such affidavit shall contain a full statement as to the place of conviction, date of conviction and crime for which applicant was convicted.

(d) All applications filed herein shall be filed with the director of finance; and the director of finance, upon reviewing such affidavit filed by the applicant, shall either grant or deny the issuance of a license; and in the event the director of finance shall deny the issuance of a license, as provided for under this article, then the applicant shall have the right of appeal from the ruling of the director of finance to the city manager. Such appeal shall be perfected within ten days of the receipt of notice of the decision by the director of finance, by requesting a hearing before the city manager in writing; and the city manager shall then hold a hearing upon applicant's application for a license under this article within 20 days thereafter; and the decision of the city manager shall be rendered as soon after the completion of said hearing as the same shall be practicable. The director of finance and the city manager shall take into consideration all facts and evidence available to them in either granting or denying such application and shall either grant or deny the issuance of a license, taking into consideration the health, safety and well-being of the citizens of the city.

(e) In the event the city manager shall deny the issuance of such license, then the applicant shall have the right of appeal before the city council and the same shall be perfected by filing, within ten days from the date of receipt of the decision by the city manager, a letter with the city clerk, requesting such right of appeal. The decision of the city council in the grant or denial of such application shall be final.

(f) In addition to the provisions herein set out, it shall be further required that during all hours of operation of a place of business or portion thereof covered under this article, the owner thereof or a responsible employee shall be in attendance on the premises of said business. In the event that the owner of the place of business covered under this article shall be absent from the business during the permitted hours of operation, as set out in section 5-18, then, as a condition for the grant of this license, the owner shall file with the city manager, a sworn affidavit designating a responsible employee; a sworn affidavit shall be filed for each employee to be designated as a responsible employee. Such affidavit shall be signed by such employee, stating his address and containing a statement that such employee has not been convicted of a felony or other crimes of moral turpitude or if having been so convicted, such affidavit shall contain a full statement as to the place of conviction, the date of conviction and the crime for which such employee was convicted. Such affidavit shall be in a form which shall be prescribed by the city manager. The city manager shall either approve or disapprove the application designating a responsible employee and if disapproved, such action by the city manager may be appealed to the city council by giving written notice of such intention to appeal to the city clerk. The decision of the city council shall be final.

(Ord. No. 2216, § 12, 3-15-1976)

(a) Every person or corporation required to file an application for license under the terms and provisions of this article shall, on or before December 15 of each year preceding the expiration of the license hereunder, file an application for renewal of such license in form which shall be prescribed by the city manager.

(b) In the event the applicant shall fail to file such application for renewal, then such license issued hereunder shall automatically expire and terminate on January 1 of the next succeeding year.

(Ord. No. 2216, § 13, 3-15-1976)

Any person or corporation who shall violate the terms and provisions of this article shall be subject to cancellation or suspension of any license issued hereunder. Upon complaint being filed by any person with the city manager of a violation of any of the terms or provisions of this article or the violation of any other ordinance of the city, or any laws of the state or the United States of America or any agency thereof, or in the event the city manager shall believe it is in the best interest of the health, safety and well-being of the citizens of the city, the holder of a license issued hereunder shall be given 15 days' written notice of the grounds of such complaint or condition then existing by the city manager.

The city manager shall, on such notice, schedule a date and time for hearing at which time all persons desiring to be heard will be heard in conjunction with the complaint or condition then existing. The city manager shall investigate the same fully and shall make a determination therein, and in so doing shall consider the health, safety and well being of the citizens of the city and shall enter his order suspending or canceling the license hereunder. Any person aggrieved by the order of the city manager shall have a right within 15 days of the date of receipt of such order of cancellation or revocation to appeal the same to the city council.

(Ord. No. 2216, § 14, 3-15-1976)

For the purpose of this article, the following words and phrases shall have the meaning respectively ascribed to them:

Billiard table: Any table surrounded by a ledge or cushion with or without pockets upon which balls are impelled by a stick or cue.

Licensee: Any person holding a pool hall license issued under the provisions of this article.

Pool hall: Any place or establishment which is required by state law to pay an occupation tax to the state for owning and operating one or more billiard tables.

Any place of business deemed covered by this article shall be permitted to be open for business from 10:00 a.m. until 11:00 p.m. Sunday, Monday, Tuesday, Wednesday and Thursday, from 10:00 a.m. Friday until 1:00 a.m. Saturday, and from 10:00 a.m. Saturday until 1:00 a.m. Sunday of each calendar week.

(Ord. No. 77-047, 6-20-1977)

No band or musical instrument of any kind shall be played or operated, with or without the use of loud speaking equipment, within any pool hall in the city after 10:30 p.m.

(Ord. No. 1530, § 5, 7-11-1966)

Any pool hall within the city shall be subject to inspection by members of the health department and the police department at any time.

It shall be unlawful for any person to operate for profit a pool hall in the city without first obtaining a license therefor from the city clerk.

(Ord. No. 1530, § 1, 7-11-1966)

Each person desiring to operate a pool hall in the city shall make an application in writing on forms provided by the city requesting a license for such pool hall. Each application for a license shall be verified under oath and filed with the city clerk.

(Ord. No. 1530, § 2, 7-11-1966)

Each application for a license to operate a pool hall shall contain the following information:

(a) The name, age, sex, race, marital status, address and telephone number of the applicant;

(b) Location of the proposed pool hall;

(c) Number of persons to be employed by the applicant, if any, and the nature of such employment;

(d) Whether the applicant has ever been charged with or convicted of a felony involving moral turpitude, any violation of the liquor laws, or any offense involving lewd or indecent conduct or narcotics, or any other misdemeanor, other than traffic violations, and full information concerning the conviction;

(e) A statement that any violation of state law, this Code or city ordinances which may occur at such establishment will be reported promptly to the police department;

(f) A statement that no person will be allowed to work or perform duties at such establishment who has been convicted of a crime involving moral turpitude, or any offense involving immoral acts, lewd or indecent conduct or narcotics.

It shall be unlawful for any applicant for a license under the provisions of this division to make any false statement while making application therefor.

No license shall be issued under this article for any premises which does not meet with the approval of the police department and fire chief as to location and construction. All buildings used for such operation shall be maintained in sound structural condition with adequate lighting and in a clean habitable condition.

The fee to be charged and collected for any license issued under the provisions of this division shall be one-half the fee charged by state law.

(Ord. No. 1530, § 2, 7-11-1966)

No license to operate a pool hall shall be issued under the provisions of this division if the applicant:

(a) Is not a person of good moral character as shown by the application of the applicant or by police investigation;

(b) Has had a license revoked during the past two years;

(c) Has had a license denied during the past 12 months;

(d) Has been convicted of a felony involving moral turpitude or any offense involving immoral acts, lewd or indecent conduct or narcotics; or

(e) Unless the premises to be used meets the sanitary provisions of this Code, state law, city ordinances, rules and regulations.

No license issued under the provisions of this division may be transferred to any other location or person.

(Ord. No. 1530, § 4, 7-11-1966)