Hawk Cove:Ord 06-107

ORDINANCE NO. 06-107

AN ORDINANCE OF THE CITY OF HAWK COVE ESTABLISHING LICENSE AND FEE REQUIREMENTS FOR MAINTAINING, POSSESSING, OR OPERATING FOR PROFIT ANY AMUSEMENT MACHINE, BILLARD/POOL TABLE:

SECTION 1: DEFINITIONS

1. BILLIARD TABLE and/or POOL TABLE - defined as any table surrounded by a ledge or cushion with or without pockets, upon which balls are impelled by a stick or cue;

2. GAME MACHINES and AMUSEMENT EQUIPMENT - shall mean any coin operated game, electronic or manual, designed to be played by person(s) for the use of amusement;

3. AMUSEMENT REDEMPTION MACHINES-is a skill or pleasure coin operated machine designed, made, and adapted solely for bona fide amusement purposes, and that by operation of chance or a combination of skill and chance affords the user, in addition to any right of replay, an opportunity to receive exclusively non-cash merchandise prizes, toys, novelties or a representation of value redeemable for those items;

4. COIN OPERATED MACHINE-includes a machine or device operated by the payment or insertion of paper currency, coin or any other consideration;

5. REPRESENTATION OF VALUE-includes U.S. currency paid under authority of sweepstakes contests as provided in Texas Business and Commerce Code, Section 43, a gift certificate or gift card that is presented to a merchant in exchange for merchandise and/or U.S. currencу.

A. LICENSE REQUIRED

It shall be unlawful for any person or persons to have, or maintain for hire or profit in any place within the City of Hawk Cove, billiard or pool tables, game machines, amusement redemption machines, or other equipment designed for amusement for profit, without first securing a license therefore as in this section provided, and paying a license fee on all such tables and equipment, to wit:

1. from every person, firm or association of persons, owning or operating for profit billard table(s) and/or amusement equipment, by whatever name called, except amusement redemption machines, there shall be collected a registration fee of $10.00 for each billiard table and $7.50 for each game machine;

2. from every person, firm, or association of persons, owning and operating for profit amusement redemption machines, by whatever name called, there shall be collected a permit fee of $250.00 for each amusement redemption machine;

3. all license, registration, and permit fees shall be issued only to individuals and not to corporations, and such license, registration, and/or permit fees shall be nonassignable and non-transferable;

4. permits issued under this Section shall automatically expire on the 31t day of December next following its issuance; and such permit shall also automatically expire if the permittee sells, transfers equity, or otherwise disposes of the permitted devices;

5. the City shall not refund any portion of any amusement redemption machine license/permit after the permit is issued, nor shall it prorate or reduce an amount due the City; EXCEPT, any business with four (4) or more amusement redemption machines will have the option of paying permit fees on a quarterly basis and quarterly payments are considered late if not received by the 11th day of the month at the beginning of each new quarter.

6. renewal license/permits shall be obtained in the same manner as provided for by this Section for the original operating license, registration or permits. This ordinance shall take effect and be in full force from and after its passage, approval and adoption.

CONCLUSION

PASSED, APPROVED, AND ADOPTED THIS 14th DAY OF SEPTEMBER 2006.

ORDINANCE NO. 06-107 ADDENDUM

AN ORDINANCE AMENDING ORDINANCE 06-107 OF THE CITY OF HAWK COVE, TEXAS, ESTABLISHING LICENSE AND FEE REQUIREMENTS FOR MAINTAINING, POSSESSING, OR OPERATING FOR PROFIT ANY AMUSEMENT MACHINE, BILLIARD/POOL TABLE.

WHEREAS, zoning or ordinance(s) restricting game rooms is a legitimate and reasonable means of regulation to ensure that operators of game rooms do not knowingly allow their establishments to be used as places of illegal activities such as gambling, personal and property crimes;

A. DEFINITIONS

1. GAME ROOMS. "GAMEROOM" - means a building, facility or other place where one or more amusement redemption machines are present;

2. BILLIARD TABLE AND/OR POOL TABLE - defined as any table surrounded by a ledge or cushion with or without pocket, upon which balls are impelled by a stick or cue;

3. GAME MACHINES AND AMUSEMENT EQUIPMENT- shall mean any coin operated game, electronic or manual, designed to be played by person(s) for the use of amusement;

4. AMUSEMENT REDEMPTION MACHINE - means any electronic, electromechanical, or mechanical contrivance, including sweepstake machines, designed, made, and adapted solely for bonefide amusement purposes, and that by operation of chance or combination of skill affords the user, in additional to any right of replay, an opportunity to receive exclusively non-cash merchandise prizes, toys, or novelties, or a representation of value redeemable for those items and is in compliance with section 47.01(4)(b) of the Texas State Penal Code.

5. COIN OPERATED MACHINE - includes a machine or device operated by the payment or insertion of paper currency, coin or any other consideration;

6. REPRESENTATION OF VALUE - includes a machine or device operated by the payment or insertion of paper currency, coin or any other consideration;

7. GAMBLING DEVICE - means any electronic, electromechanical, or mechanical contrivance that for a consideration affords the player an opportunity to obtain anything of value, the award of which is determined solely or partially by chance, even though accompanied by some skill, whether or not the prize is automatically paid by the contrivance. The term includes, but is not limited to, gambling device versions of bingo, keno, blackjack, lottery, roulette, video poker, or similar electronic, electromechanical, or mechanical games, or facsimiles thereof, that operate by chance or partially so, that as a result of the play or operation of the game award credits or free games, and that record the number of free games or credits so awarded and the cancellation or removal of the free games or credits.

B. LICENSE REQUIRED USES:

It shall be unlawful for any person or persons to have, or maintain for hire or profit in any place within the City of Hawk Cove, billiard or pool tables, game machines, amusement redemption machines, or other equipment designed for amusement or profit, without first securing a license therefore as in this section provided, and paying a license fee on all such tables and equipment, to wit:

1. from every person, firm or association of persons, owning or operating for profit billiard table(s) and/or amusement equipment, by whatever name called, except amusement redemption machines, there shall be collected a registration fee of $10.00 for each billiard table and $7.50 for each game machine;

2. from every person, firm, or association of persons, owning and operating for profit amusement redemption machines, by whatever name called, there shall be collected a permit fee of $250.00 for each amusement redemption machine;

3. all license, registration, and permit fees shall be issued only to individuals and not to corporations, and such license, registration, and/or permit fees shall be non-assignable and non-transferable;

4. permits issued under this Section shall automatically expire on the 31st day of December next following its issuance, and such permit shall also automatically expire if the permittee sells, transfers equity, or otherwise disposes of the permitted devices;

5. the City shall not refund any portion of any amusement redemption machine 1 license/permit after the permit is issued, nor shall it prorate or reduce an amount due the City; EXCEPT, any business with four (4) or more amusement redemption machines will have the option of paying permit fees on a quarterly basis and quarterly payments are considered late if not received by the 11th day of the month at the beginning of each new quarter;

6. renewal license/permits shall be obtained in the same manner as provided for by this Section for the original operating license, registration or permits.

USES:

It shall be unlawful for any person or persons to have, or maintain for hire or profit in any place within the City of Hawk Cove, billiard or pool tables, game machines, amusement redemption machines, or other equipment designed for amusement or profit, without first securing a license therefore as in this section provided, and paying a license fee on all such tables and equipment, to wit:

1. from every person, firm or association of persons, owning or operating for profit billiard table(s) and/or amusement equipment, by whatever name called, except amusement redemption machines, there shall be collected a registration fee of $10.00 for each billiard table and $7.50 for each game machine;

2. from every person, firm, or association of persons, owning and operating for profit amusement redemption machines, by whatever name called, there shall be collected a permit fee of $250.00 for each amusement redemption machine;

3. all license, registration, and permit fees shall be issued only to individuals and not to corporations, and such license, registration, and/or permit fees shall be non-assignable and non-transferable;

4. permits issued under this Section shall automatically expire on the 31st day of December next following its issuance, and such permit shall also automatically expire if the permittee sells, transfers equity, or otherwise disposes of the permitted devices;

5. the City shall not refund any portion of any amusement redemption machine 1 license/permit after the permit is issued, nor shall it prorate or reduce an amount due the City; EXCEPT, any business with four (4) or more amusement redemption machines will have the option of paying permit fees on a quarterly basis and quarterly payments are considered late if not received by the 11th day of the month at the beginning of each new quarter;

6. renewal license/permits shall be obtained in the same manner as provided for by this Section for the original operating license, registration or permits.

a. Every game room or gaming area shall be open to main entrance or other use area of building, or provide window with transparent glass in at least one exterior game room window with a dimension of at least four feet in width and four feet in height and shall not cover or otherwise block or obscure the view through a game room window by the use of drawn shades, blinds, partitions, tinting or other structures or obstructions. The window shall allow a clear, unobstructed view of the manager station and all amusement redemption machines in the game room.

b. The sale, purchase, possession or consumption of any alcoholic beverages as defined by the Texas Alcoholic Beverage Code shall not be permitted, unless the premises is licensed under the provisions of said code for the sale, purchase, or possession of alcoholic beverages.

c. Every game room or establishment shall be limited to a maximum of 15 redemption machines.

d. Only one game room shall be allowed on any lot or in any single building, structure or tenant space in a strip center.

e. Only one game room shall be permitted on any platted lot or in any building, structure or strip center.

f. Game rooms are limited to the operation of amusement redemption machines; gambling devices shall not be allowed.

g. The City Council shall not grant any variances to the requirements of this section.

h. Each entrance to a game room shall be marked with a sign that:

1. bears the word "GAME ROOM”" in six inch or larger black block letters;

2. is legible from a distance of 25 feet.

i. Operating hours are restricted to 10:00 am to 10:00 pm.

j. Existing game rooms shall comply with the requirements of this section within (90) days of the effective date of these regulations.

PENALTIES:

That any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense.

This ordinance shall take effect and be in full force from and after its passage, approval and adoption.

CONCLUSION

PASSED, APPROVED, AND ADOPTED THIS 12th DAY OF SEPTEMBER 2016.