Ordinance 1989-15
ORDINANCE NO.
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AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ORDINANCE NO.
84-16 TO REQUIRE INDEMNIFICATION AGREEMENT FROM APPLICANTS FOR
CARNIVAL PERMITS; REQUIRING PROOF OF PUBLIC LIABILITY INSURANCE OF AT
LEAST ONE MILLION DOLLARS ($1,000,000) FROM CARNIVAL OPERATORS;
PROVIDING DEFINITIONS FOR OPERATOR AND OWNER OF COIN-OPERATED
MACHINES; PROVIDING AN ANNUAL OCCUPATION TAX FOR COIN-OPERATED
AMUSEMENT MACHINES; PROVIDING EXEMPTIONS; PROVIDING A REMEDY FOR
FAILURE TO PAY TAX; PROHIBITING SKILL OR PLEASURE COIN-OPERATED
MACHINES WITHIN THREE HUNDRED (300) FEET OF ANY SCHOOL; PROVIDNG FOR
THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE
HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS:
SECTION 1.
That Ordinance No. 84-16 of the City of Wylie be, and the same is hereby,
amended in part as follows:
lISECTION 2. APPLICATION FOR LICENSE.
a. . . .. In making such application, the person making same shall
also state at the end of the application that the carnival, and each
and all of the shows, attractions, and exhibits therein, will be
conducted in a decent, orderly and law abiding manner and in
accordance with state law and the codes and ordinances of the City
of Wylie. The form of such application shall include an agreement
to be executed by the applicant that the applicant will indemnfiy
and hold harmless the City of Wylie, its agents, officers, servants,
and employes from any claim, cause of action, or judgment arising
out of or in any way connected with the operation of the carnival
within the City limits on public or private property during the
effective dates of the license. With the application, the applicant
shall furnish proof that applicant is covered by a valid property
damage and public liability insurance policy in the sum of not less
than One Million Dollars ($1,000,000). In this connection, applicant
shall furnish a copy of the policy in effect, together with a
certificate that such policy is current and in effect and will not
expire or be canceled prior to the ending date of the license period.
b. Approval of Application. ....
ARTICLE II. COIN-OPERATED MACHINES.
SECTION 1. DEFINITION OF TERMS. As used in this article, the following
words and phrases shall have the meanings respectively ascribed to them:
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c. Operator. lIOperatorll shall mean and include any person, firm,
company, association, or corporation who exhibits, displays, or
permits to be exhibited or displayed, in a place of business other
than his own, any "coin-operated machine" in this City.
d. Owner. "Owner" shall mean and include any person, individual, firm,
company, association, or corporation owning any "coin-operated
machine" in this City.
SECTION 2. ANNUAL OCCUPATION TAX.
a. There is hereby levied an annual occupation tax of Seven Dollars
and Fifty Cents ($7.50) for each and every coin-operated machine
as defined herein. Every owner who owns, controls, possesses,
exhibits, displays, or who permits to be exhibited or displayed, in
this City any coin-operated machine shall pay such tax; provided,
however, that nothing herein shall prevent the operator of such
machine from paying the tax required by this article for the account
of the owner, but the payment of such tax by such operator or
other person shall not relieve the owner of the responsibility of
complying with all the provisions of this article.
b. Payment of Tax.
(1) The tax levied hereby shall be paid to the Tax Assessor-
Collector who shall issue a receipt.
(2) The receipt shall be attached to the coin-operated machine
mentioned in the receipt and shall bear the serial number of
the particular machine.
(3) It shall hereafter be unlawful for any person to operate,
exhibit, or display or permit the exhibition or display of any
coin-operated machine in the City without having attached
thereto a receipt issued as provided herein, and no receipt
issued for a certain coin-operated machine shall be
transferrable to any other machine.
c. Exemptions from Tax. All gas meters, pay telephones, pay toilets,
food vending machines, confection vending machines, beverage
vending machines, merchandise vending machines, stamp vending
machines, and cigarette vending machines and service coin-operated
machines are expressly exempt from the tax herein and the other
provisions of this article.
d. Failure to Pay Tax. Every coin-operated machine subject to the
payment of tax herein, and upon which the tax has not paid as
provided herein, is hereby declared to be a public nuisance and may
be abated as provided by law.
SECTION 3. PROXIMITY TO SCHOOLS. No skill or pleasure coin-operated
machines shall be permitted within three hundred (300) feet of any school building in
this City.
."
SECTION 2.
That all ordinances of the City in conflict with the provisions of this ordinance
be, and the same are hereby, repealed and all other ordinances of the City not in
conflict with the provisions of this ordinance shall remain in full force and effect.
SECTION 3.
Should any paragraph, sentence, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall
not affect the validity of this ordinance as a whole or any part or provision thereof,
other than the part so declared to be invalid, illegal or unconstitutional.
SECTION 4.
Any person, firm or corporation violating any of the provisions of this ordinance,
as amended hereby, shall be deemed guilty of a misdemeanor and, upon conviction in
the Municipal Court of the City of Wylie, Texas, shall be punished by a fine not to
exceed the sum of Five Hundred Dollars ($500.00) for each offense, and each and every
day any such violation shall continue shall be deemed to constitute a separate offense.
SECTION 5.
This ordinance shall take effect immediately from and after its passage and the
pUblication of the caption, as the law and charter in such cases provide.
day of D~ ~~D by t.h:9~~t.y Council of the City of
Wylie, Texas, on the
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MAYOR
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ATTEST:
CITY
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6/29/89
ORDINANCE NO. 8 /9
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ORDINANCE NO.
84 -16 TO REQUIRE INDEMNIFICATION AGREEMENT FROM APPLICANTS FOR
CARNIVAL PERMITS; REQUIRING PROOF OF PUBLIC LIABILITY INSURANCE OF AT
LEAST ONE MILLION DOLLARS ($1,000,000) FROM CARNIVAL OPERATORS;
PROVIDING DEFINITIONS FOR OPERATOR AND OWNER OF COIN OPERATED
MACHINES; PROVIDING AN ANNUAL OCCUPATION TAX FOR COIN OPERATED
AMUSEMENT MACHINES; PROVIDING EXEMPTIONS; PROVIDING A REMEDY FOR
FAILURE TO PAY TAX; PROHIBITING SKILL OR PLEASURE COIN OPERATED
MACHINES WITHIN THREE HUNDRED (300) FEET OF ANY SCHOOL; PROVIDNG FOR
THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE
HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE
DATE.
DULY PASSED by the City Council of the City of Wylie, Texas, on the ("c_
day of 1989.
APPROVF /1
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G` M A Y
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ATTEST:
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THE WYLIE NEWS P. 0. $ox 360 WYLIE, TEXAS 71018
STATE OF TEXAS
COUNTY OF COLLIN
Before me, the undersigned authority, on this day personally
appeared Scott Dorsey, of the Wylie News, a newspaper
regularly published in Collin County, Texas and having general
circulation in Collin County, Texas who being by me duly sworn
deposed and says that the forgoing attached
CITY OF WYT,TF Ordinance 29 -15
was published in said newspaper on the following dates to wit:
Angst 9 1989 and 1989
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Subscribed and sworn to before me this the
day of CUGINAjiks 1989 to certify which witness my
hand and seal of office.
(Plja.t4'
Margaret Cook
Notary Public in and for the
State of Texas
My Commission expires 9 -12 -89
Serving Wideawake Wylie Since 1947
THE WYLIE NEWS P. 0. eox S69 WYLIE, TEXAS 7101N1
STATE OF T2XAS
COUNTY OF COLLIN
Before me, the undersigned authority, on this day personally
appeared Scott Dorsey, of the Wylie News, a newspaper
regularly published in Collin County, Texas and having general
circulation in Collin County, Texas who being by me duly sworn
deposed and says that the forgoing attached
CITY OF WYLIE D' ORDINANCE No. 89 15 carnival permits amendment
was published in said newspaper on the following dates to wit:
August Q 1989 and .1989,
l
Subscribed and sworn to before me this the 31
day of 1989 to certify which witness my
hand and seal f office.
Vu
Margaret Cook
Notary Public in and for the
State of Texas
My Commission expires 9
Serving Wideawake Wylie Since 1947
Wednesday, August 9, 1999 THE WYLIE NEWS Section A Page 11
Legal Notice
ORDINANCE NO. 89 -15
AN ORDINANCE OF THE
CITY OF WYLIE, TEXAS,
AMENDING ORDINANCE
NO. 84-16 TO REQUIRE IN-
DEMNIFICATION
AGREEMENT FROM AP-
PLICANTS FOR CAR-
NIVAL PERMITS; RE-
QUIRING PROOF OF
PUBLIC LIABILITY IN-
SURANCE OF AT LEAST
ONE MILLION DOLLARS
($1,000,000) FROM CAR-
NIVAL OPERATORS; PRO-
VIDING DEFINITIONS
FOR OPERATOR AND
OWNER OF COIN
OPERATED MACHINES;
PROVIDING AN ANNUAL
OCCUPATION TAX FOR
COIN OPERATED
AMUSEMENT
MACHINES; PROVIDING
EXEMPTIONS; PRO-
VIDING A REMEDY FOR
FAILURE TO PAY TAX;
PROHIBITING SKILL OR
PLEASURE COIN
OPERATED MACHINES
WITHIN THREE HUN-
DRED (300) FEET OF ANY
SCHOOL; PROVIDING
FOR THE REPEAL OF
ALL ORDINANCES IN
CONFLICT; PROVIDING A
SEVERABILITY CLAUSE;
PROVIDING A PENALTY
OF FINE NOT TO EXCEED
THE SUM OF FIVE HUN-
DRED DOLLARS ($500.00)
FOR EACH OFFENSE;
AND PROVIDING AN EF-
FECTIVE DATE.
Duly Passed by the City
Council of the City of Wylie,
Texas, on the 25 day of July,
1989.
Approved
Chuck Trimble
Mayor