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OR 144 Regulates "Amusement Centers"; Providing definition, licensing, fee of $7.50 per device AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 144 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, REGULATING "AMUSEMENT CENTERS;" PROVIDING DEFINITIONS; PROVIDING FOR LICENSING OF AMUSEMENT CENTERS; PROVIDING A FEE OF SEVEN DOLLARS AND FIFTY CENTS ($7.50) PER DEVICE; PROVIDING CRITERIA FOR ISSUING AND REVOKING A LICENSE; PROVIDING AN APPEAL PROCEDURE; LIMITING HOURS OF OPERATION OF AMUSEMENT CENTERS; PROVIDING THE OPERATOR BE AT LEAST EIGHTEEN (18) YEARS OF AGE; PROVIDING LICENSEE COOPERATE IN CONTROLLING CERTAIN CONDUCT; PROVIDING A REPEALING CLAUSE; PRO- VIDING A SEVERABILITY CLAUSE; PROVIDING PENALTIES FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE, AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. DEFINITIONS. In this Ordinance: (1) "Amusement center" means a public place or building where coin-operated amusement devices are located and at least fifty percent (50%) of the public floor area is devoted to coin-operated devices and their public use. (2) "Coin-operated amusement device" means a machine or device operated by insertion of a coin, token, or similar object, for the purpose of amusement or skill. This term does not include coin-operated mechanical musical devices or billiard tables. (3) "City Administrator" means the City Administrator of the City or his designated agent. (4) "Licensee" means a person licensed to operate an amusement center. (5) "Operator" means a person who manages or controls an amusement center. (6) "Person" means an individual, assumed name entity, partnership, joint-venture, association, or other legal entity. SECTION 2. LICENSE REQUIRED. No person may operate an amusement center in the City without first obtaining a license from the City Administrator. amusement entity. SECTION 3. EXE~TION. The provisions of this ordinance do not apply to an center located on property owned by a governmental SECTION (a) An applicant City Administrator a written that purpose, which shall be 4. LICENSE APPLICATION. for a license shall file with the application on a form provided for signed by the applicant, who shall be the owner of the amusement center. Should an applicant main- tain an amusement center at more than one location, a separate application must be filed for each location. The following information is required in the application: (1) Name, address, and telephone number of the applicant, including the trade name by which applicant does business and the street address of the amusement center and, if incorporated, the name registered with the Secretary of State; (2) Name, address, and telephone number of the operator of the amusement center and proof that the operator is at least eighteen (18) years of age; (3) Whether the applicant, operator and, if applicable, any corporate officer of the applicant has been con- victed within the preceding five (5) years of an offense involving drugs, gambling, prostitution, or obscenity; within two (2) years (6) in the center; and (7) (4) The previous occupation of the applicant, operator and, if applicable, all corporate officers of the appli- cant within the preceding five (5) years; (5) Whether a previous license of applicant, or, if applicable, corporate officer of applicant has been revoked of filing of the application; Number of coin-operated amusement devices A statement that all the facts contained in the application are true. The City Administrator may require additional an applicant or licensee to clarify items on the (b) information of application. (c) No applicant may maintain an amusement center in violation of the Comprehensive Zoning Ordinance of the City. SECTION 5. FEE. The annual fee for an amusement center license is $7.50 for each coin-operated amusement device located in the center. Amusement center licenses expire one (1) year from the date of issuance. The fee for issuing a replacement license for one lost, destroyed, or mutilated is $2.00. The fee is payable to the City upon approval of the license by the City Administrator. No refund of license fees will be made. SECTION 6. LICENSE DISPLAY, REPLACEmeNT AND TRANSFERABILITY. (a) Each license issued pursuant to this ordinance must be posted and kept in a conspicuous place in the amusement center and must state the number of coin-operated amusement devices for which the license was issued. (b) A replacement license may be issued for one lost, destroyed, or mutilated, upon application on a form provided hy the City Administrator. A replacement license shall have the word "REPLACEMENT" stamped across its face and shall bear the same number as the one it replaces. (c) An amusement center license is not assignable or transferable. (d) A licensee shall notify the City Administrator within ten (10) days of a change or partial change in the ownership or management of the amusement center, or a change of address or trade name. SECTION 7. REFUSAL TO ISSUE OR RENEW LICENSE. The City Administrator shall refuse to approve issuance or renewal of an amusement center license for one or more of the following reasons: (1) A false statement as to a material matter made in an application for a license; (2) Conviction within the preceding five (5) years of the applicant, his operator, or corporate officer of the appli- cant, of an offense involving drugs, gambling, prostitution, or obscenity; or (3) Revocation of a license, pursuant to this ordinance, of the applicant or corporate officer of the applicant within two (2) years preceding the filing of the application. SECTION 8. LICENSE REVOCATION. (a) The City Administrator shall revoke an amusement center license for one or more of the following reasons: (1) A false statement as to a material matter made in an application for a license, license renewal or a hearing concerning the license; (2) Conviction of the licensee, his operator, or corporate officer of the licensee of an offense involving drugs, gambling, prostitution, or obscenity; (3) of the licensee or his operator for a violation operation" provision of this ordinance; (4) Employment by the licensee is under eighteen (18) years of age; (5) Operation of an amusement center containing more coin-operated amusement devices than the center is licensed for; or (6) Violation by the licensee or his operator of Section 11 of this ordinance. (b) The City Administrator shall send written notice of revocation to a licensee by "certified" mail, return-receipt requested, setting forth the reasons for the revocation. Conviction twice within a one (1) year period of the "hours of of an operator who SECTION 9. APPEAL FROM REFUSAL TO ISSUE OR RENEW LICENSE; FROM DECISION TO REVOKE LICENSE. If the City Administrator refuses to approve the issuance of a license or the renewal of a license to an appli- cant, or revokes a license issued to a licensee under this ordinance, this action is final unless the applicant or licensee, within ten (10) days after the receipt of written notice of the action, files a written appeal with the City Secretary to the City Council setting forth specific grounds for the appeal. The City Council shall, within thirty (30) days, grant a hearing to consider the action. The City Council has authority to sus- tain, reverse, or modify the action appealed. The decision of the City Council is final. SECTION 10. HOURS OF OPERATION. (a) Except as provided in subsection (b), no licensee or his operator may operate an amusement center between the hours of 12:01 a.m. to 7 a.m., Monday through Friday, and between the hours of 2 a.m. to 7 a.m., Saturday and Sunday. (b) To operate an amusement center continuously, a licensee must obtain a special permit for that purpose from the City Council. SECTION 11. RESPONSIBILITY OF LICENSEE. A licensee or his operator may not permit any of the following activities within the amusement center: (1) violation of any possession, sale, or delivery provision in subchapter four of the Texas Controlled Substances Act; (2) violation of any provision in Article 666-17 (14) of the Texas Liquor Control Act; (3) prostitution; or (4) gambling. SECTION 12. All ordinances or parts of or in conflict with the provisions of by repealed. However, the repeal of existing ordinances by this ordinance shall not affect or prevent the prosecution or the punishment of any person for any act done or committed prior to the effective date of this ordinance in violation of any ordinance hereby repealed; and prosecution for such offenses may be instituted and causes presently pending proceeded with in all respects as if such prior ordinance or ordinances had not been repealed. REPEALING CLAUSE. ordinances inconsistent this ordinance are here- SECTION 13. SEVERABILITY CLAUSE. If any article, paragraph or subdivision, clause, phrase or provision of this Ordinance shall be adjudged in- valid or held unconstitutional, the same shall not affect the validity of this Ordinance as a whole or any part or provision thereof other than the part so decided to be invalid or uncon- stitutional. SECTION 14. PENALTY CLAUSE. Any person, firm or corporation violating any of the provisions of this Ordinance shall be deemed guilty of a mis- demeanor and, upon conviction, shall be fined not to exceed the sum of Two Hundred Dollars ($200.00) for each offense and each and every day such offense is continued shall constitute a new and separate offense. SECTION 15. EMERGENCY CLAUSE. The fact that the present City regulations are in- adequate to properly protect the public health, safety and welfare, creates an urgency and an emergency and requires that this Ordinance shall take effect immediately from and after the publication of its caption as the law in such cases pro- vides. DULY PASSED by the City Council of the City of MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM: