Hawk Cove:Title 9

TITLE 9 – BUSINESS REGULATIONS

CHAPTER 9.10 – BUSINESS LICENSES GENERALLY

§ 9.10.001 – Compliance Required

No person shall engage in any business activity requiring a City permit, registration, license, or authorization without first obtaining all permits required by this Code.

(Ord. 100-11, Sep. 4, 2012)

§ 9.10.002 – Permit Fees

Permit and license fees shall be established by the City's adopted fee schedule.

(Ord. 100-11; 100-11 Fee Schedule)

§ 9.10.003 – Expiration of Permits

Unless otherwise provided by ordinance, permits shall expire sixty (60) days after issuance if activity has not commenced.

(Ord. 100-11)

§ 9.10.004 – Penalty

A person violating this chapter commits a misdemeanor punishable by a fine not exceeding five hundred dollars ($500.00).

(Ord. 100-11)

CHAPTER 9.20 – AMUSEMENT MACHINES AND POOL TABLES

§ 9.20.001 – Definitions

(a) Billiard Table or Pool Table means any table surrounded by a ledge or cushion with or without pockets upon which balls are impelled by a stick or cue.

(b) Game Machine means any coin-operated electronic or mechanical amusement device.

(c) Amusement Redemption Machine means a coin-operated amusement device that awards only non-cash merchandise, novelties, toys, or representations of value redeemable for such items.

(d) Coin Operated Machine means a machine activated by insertion of currency, coin, token, or other consideration.

(e) Representation of Value has the meaning established by state law.

(Ord. 06-107, Sep. 14, 2006)

§ 9.20.002 – License Required

No person shall operate or maintain for profit any billiard table, pool table, game machine, amusement redemption machine, or similar amusement device without obtaining the required City license.

(Ord. 06-107)

§ 9.20.003 – Registration Fees

Registration and permit fees shall be established by the City's adopted fee schedule.

(Ord. 06-107; 100-11 Fee Schedule)

§ 9.20.004 – Nontransferability

Licenses and permits issued under this chapter are personal to the holder and may not be assigned or transferred.

(Ord. 06-107)

§ 9.20.005 – Expiration and Renewal

Permits issued under this chapter expire on December 31 of each year and must be renewed annually.

(Ord. 06-107)

CHAPTER 9.30 – GAME ROOMS

§ 9.30.001 – Definitions

(a) Game Room means a building, facility, or place containing one or more amusement redemption machines.

(b) Gambling Device shall have the meaning established by Texas law and includes devices prohibited by the Texas Penal Code.

(Ord. 06-107 Addendum, Sep. 12, 2016)

§ 9.30.002 – Operational Requirements

(a) Every game room shall maintain an unobstructed view from the exterior into the game room.

(b) Windows required by this chapter shall not be blocked by blinds, coverings, tinting, partitions, or other obstructions.

(c) The manager station and amusement machines shall be visible from the required window.

(Ord. 06-107 Addendum)

§ 9.30.003 – Alcoholic Beverages

Alcoholic beverages may not be possessed, sold, or consumed in a game room except as authorized by the Texas Alcoholic Beverage Code.

(Ord. 06-107 Addendum)

§ 9.30.004 – Machine Limit

No game room shall contain more than fifteen (15) amusement redemption machines.

(Ord. 06-107 Addendum)

§ 9.30.005 – Location Restrictions

(a) Only one game room may operate on a platted lot.

(b) Only one game room may operate within a building, structure, tenant space, or strip center.

(Ord. 06-107 Addendum)

§ 9.30.006 – Gambling Devices Prohibited

Game rooms may operate only lawful amusement redemption machines. Gambling devices are prohibited.

(Ord. 06-107 Addendum)

§ 9.30.007 – Required Signage

Each entrance shall display a sign:

(a) Containing the words "GAME ROOM";

(b) In letters at least six (6) inches in height; and

(c) Visible from twenty-five (25) feet.

(Ord. 06-107 Addendum)

§ 9.30.008 – Hours of Operation

Game rooms may operate only between 10:00 a.m. and 10:00 p.m.

(Ord. 06-107 Addendum)

§ 9.30.009 – Variances Prohibited

No variance may be granted from the provisions of this chapter.

(Ord. 06-107 Addendum)

§ 9.30.010 – Penalty

Violation of this chapter is punishable by a fine not exceeding $2,000.00. Each day a violation continues constitutes a separate offense.

(Ord. 06-107 Addendum)

CHAPTER 9.40 – DOOR-TO-DOOR SOLICITATION

§ 9.40.001 – Permit Required

No individual or business shall engage in door-to-door solicitation within the City without first obtaining a permit from the City.

(Ord. 2015-003, Mar. 16, 2015)

§ 9.40.002 – Application Requirements

An applicant shall submit:

(a) A completed permit application;

(b) A copy of a valid photo identification card;

(c) A recent criminal background check; and

(d) The required permit fee.

(Ord. 2015-003, Mar. 16, 2015)

§ 9.40.003 – Permit Fee

The permit fee shall be fifty dollars ($50.00) and shall be nonrefundable.

(Ord. 2015-003, Mar. 16, 2015)

§ 9.40.004 – Permit Term

(a) A solicitation permit shall be valid for thirty (30) days.

(b) A permit may be renewed for an additional thirty-day period upon payment of the required fee.

(Ord. 2015-003, Mar. 16, 2015)

§ 9.40.005 – Additional Solicitors

Individuals participating in solicitation activities under a business permit who have not previously submitted a background check shall submit:

(a) A criminal background check; and

(b) A copy of a valid photo identification card;

before engaging in solicitation activities.

(Ord. 2015-003, Mar. 16, 2015)

§ 9.40.006 – Criminal History Disqualifications

An applicant is ineligible for a permit if convicted of:

(a) Criminal homicide;

(b) Kidnapping;

(c) Sexual offenses;

(d) Assault offenses;

(e) Robbery;

(f) Burglary;

(g) Theft committed against a person contacted through solicitation activities;

(h) Fraud committed against a person contacted through solicitation activities;

(i) Felony weapons offenses; or

(j) Criminal attempt to commit any offense listed in this section.

(Ord. 2015-003, Mar. 16, 2015)

§ 9.40.007 – Display of Permit

(a) A solicitor operating from a vehicle shall display the permit in the vehicle windshield.

(b) A solicitor not operating from a vehicle shall carry the permit on his or her person and present it upon request of a City official.

(Ord. 2015-003, Mar. 16, 2015)

§ 9.40.008 – Hours of Solicitation

Door-to-door solicitation may occur only:

(a) Between 9:00 a.m. and sunset;

(b) Monday through Saturday; and

(c) Excluding major holidays.

(Ord. 2015-003, Mar. 16, 2015)

§ 9.40.009 – Violation

A person commits an offense if the person violates any provision of this chapter.

(Ord. 2015-003, Mar. 16, 2015)

§ 9.40.010 – Penalty

An offense under this chapter is punishable by a fine not exceeding two hundred dollars ($200.00).

Each day a violation continues constitutes a separate offense.

(Ord. 2015-003, Mar. 16, 2015)

CHAPTER 9.50 – SPECIAL EVENTS AND SPECIAL USE PERMITS

§ 9.50.001 – Permit Required

The City may require permits for commercial activities, organized events, temporary uses, or large group activities conducted within the City.

(Ord. 100-11 Fee Schedule)

§ 9.50.002 – Fees

Permit fees shall be established by the City's adopted fee schedule.

(Ord. 100-11 Fee Schedule)

§ 9.50.003 – Conditions

The City may impose reasonable conditions necessary to protect public health, safety, welfare, traffic flow, municipal property, and neighboring property owners.

(Ord. 100-11 Fee Schedule)

CHAPTER 9.60 – GARAGE AND HOME SALES

§ 9.60.001 – Definition

For purposes of this chapter, "garage sale" or "home sale" means the sale of personal property conducted on the same lot as a residential dwelling.

(Ord. 99-5, Jul. 9, 2018)

§ 9.60.002 – Permit Required

Prior to conducting a garage or home sale, the person conducting the sale shall obtain a permit from the City Secretary or Utility Clerk.

(Ord. 99-5, Jul. 9, 2018)

§ 9.60.003 – Permit Application

An application for a garage or home sale permit shall include:

(a) The location of the sale;

(b) The date and time of the sale;

(c) The name and address of the applicant; and

(d) A description of the goods to be offered for sale.

(Ord. 99-5, Jul. 9, 2018)

§ 9.60.004 – Permit Fee

The permit fee shall be established by the City's adopted fee schedule.

(Ord. 99-5, Jul. 9, 2018; Ord. 100-11)

§ 9.60.005 – Number and Duration of Sales

(a) Not more than four garage or home sales may be conducted during any twelve-month period for the same household.

(b) No sale may exceed four consecutive days.

(c) Sales may be conducted only from Thursday through Sunday.

(d) No more than two permits shall be issued for the same premises during any twelve-month period.

(Ord. 99-5, Jul. 9, 2018)

§ 9.60.006 – Signs

(a) Signs advertising a garage or home sale shall be located so as not to obstruct traffic or create a traffic hazard.

(b) One off-premises sign may be displayed for the purpose of directing the public to the sale.

(Ord. 99-5, Jul. 9, 2018)

§ 9.60.007 – Violations

A person commits an offense if the person violates any provision of this chapter.

(Ord. 99-5, Jul. 9, 2018)

§ 9.60.008 – Penalty

A violation of this chapter is a misdemeanor punishable by a fine not exceeding $200.00. Each day a violation continues constitutes a separate offense.

(Ord. 99-5, Jul. 9, 2018)