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Ordinance 1984-16 ORDINANCE 84-16 AN ORDINANCE LICENSING AND REGULATING CARNIVALS, COIN OPERATED MACHINES, DANCE HALLS, AND POOL HALLS, PROVIDING FOR LICENSES, PROVIDING FOR FEES, PROVIDING A SEVERANCE CLAUSE, PROVIDING A PENALTY, PROVIDING FOR PUBLICA- TION AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in order to protect the public welfare, it is deemed necessary to license and regulate carnivals, operators of coin-operated machines, dances and dance halls, and pool halls; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF WYLIE, TEXAS: ARTICLE I CARNIVAL LICENSE SECTION 1: LICENSE REQUIRED. It shall be unlawful for any person to show or exhibit any carnival within the City Limits of Wylie, Texas, without first obtaining a license to do so from the City Council. Any person showing or exhibiting, or in any manner connected with or taking part in the showing or exhibiting of, a carnival within the City limits without first applying for and obtaining such a license shall be deemed gulity of a misdemeanor. SECTION 2: APPLICATION FOR LICENSE. a. Filing of Application. Any person desiring to conduct or show a carnival within the City limits shall make application for a license to the City Council and file the same with the City Secretary not less than two (2) weeks prior to the time when it is desired to show or exhibit such carnival. Such application shall give the name and permanent address of the owner of the carnival, and, if the carnival is owned by a company or corporation, the application shall show such fact, and shall show the name of the manager or other officer in charge of the carnival. In any event, the application shall show the person in active charge and control of showing and exhibiting the carnival. The application shall further give a list of all shows, rides, booths, and other businesses and attractions operated in connection with the carnival, listing each by name with a description of each show or attraction. Such applicant shall also submit with the application, in the form of affidavits and statements, evidence as to the solvency and responsi- bility of the owner of the carnival and as to the kind and character of shows and attractions exhibited by the carnival. In making such application, the person making same shall also state at the end of the application an agreement to conduct the carnival and each and all of the shows, attractions, and exhibits therein in a decent, orderly and law-abiding manner~ and provided proof of $100,000. Insurance Bond. Ordinance No. 84-16 (Con't). b. Approval of Application. After an application is filed under this Ordinance, the City Secretary shall refer the same to the City Council for action, and if the City Council is convinced from the evidence submitted that the owner of the carnival is solvent and that he has in the past conducted and proposes to conduct, while showing in the City, the carnival in a decent, orderly, and law- abiding manner, the City Council shall approve the application. SECTION 3: FEE FOR LICENSE. As a condition and requirement of the licensing of any carnival to show in the City, the applicant for such license shall pay to the City Secretary a license fee in the sum of two hundred fifty dollars ($250.). SECTION 4: ISSUANCE OF LICENSE. Upon approval this Ordinance, Secretary shall carnival in the by the City Council and payment of the issue a license to City. of an application for a license under fee prescribed in Section 3, the City the applicant to show and exhibit the SECTION 5: TERM OF LICENSE. A license issued under this Ordinance shall cover one appearance in the City and shall be good only for as many days as the carnival remains continuously in the City. A new license shall be required each time the carnival returns to the City. SECTION 6: OPERATION UNDER LICENSE. Any person obtaining a license to show and exhibit a carnival within the City limits shall have the right to show, maintain, and operate only such shows, rides, booths, and other attractions as shall be under the direct charge and supervision of the owner or operator of the carnival, and it shall not be lawful for any person to show or exhibit in connection with the carnival, any show, attraction, or concession of any kind or character independent of the carnival 's ownership and management. The license granted to such carnival covers and permits only such shows, attractions, and concessions as are owned and operated by the person applying for the license. SECTION 7: EXEMPTION. This Ordinance shall not apply to any show or exhibition supported and sponsored by local operators for charitable and benevolent purposes - not for individual or personal profit to those managing and operating the same - regardless of whether such local show or exhibition shall have some of the features of a carnival in connection with the same, nor shall it apply to ferris wheel, merry-go-round riding and similar amusement devices sponsored by local merchants, service clubs, and other organizations, and not operated in connection with any show or exhibition. 84- 16 (Con 't. ) Ordinance No. ARTICLE I I COIN-OPERATED MACHINES: SECTION 1. DEFINITION OF TERMS. As used in this Ordinance, the following words and phrases shall have the meaning respectively ascribed to them: a. Coin-Operated Machines. IICoin-operated machinesll shall mean and include every machine or device of any character or kind which is operated with or by coins, metal slugs, tokens, or checks; IImusic coin-operated machinesll and IIskillll or IIpleasure coin-operated machinesll, as those terms are hereinafter defined, shall be included in such definition. b. Music Coin-Operated Machines. IIMusic coin-operated machinesll shall mean and include every coin-operated machine of any kind or character which dispenses or vends or which is used or operated for dispensing or vending music, and which is operated by or with coins, metal slugs, tokens, or checks; or other coin-operated machines which dispense or vend music. c. Operator. 1I0peratorll shall mean and include any person, firm, company, association, or corporation who exhibits displays - or permits to be exhibited or displayed - in their places of business or upon premises under their control any IIcoin-operated machinell in this City. d. Owner. 1I0wnerll shall mean and include any person, individual, firm, company, association, or corporation owning or having the care, control, management, or possession of any IIcoin-operated machinell in this City. e. Service Coin-Operated Machine. IIService coin-operated machinell shall mean and include any pay toilets, pay telephones, and all other machines or devices which dispense services only, and not merchandise, music, skill, or pleasure. f. Skill or pleasure Coin-Operated Machines. IISkill or Pleasure coin-operated machinesll shall mean and include every coin-operated machine of any kind or character what- soever, when such machine or machines dispense or are used, or are capable of being used, or operated for amusement or pleasure, or when such machines are operated for the purpose of dispensing or affording skill or pleasure, or for any other purpose other than the dispensing or vending of merchandise or music or service exclusively as those terms are defined herein. Including, but not limited to the fo 11 owi ng: 84-16 (Con't) Ordinance No. Marble machine Marble table machine Marble shooting machine Miniature race-track machine Miniature football machine Miniature golf machine Miniature bowling machine Video Games All other coin-operated machines which dispense or afford skill or pleasure. It is hereby provided that every machine or device of any kind or character which dispenses or vends merchandise, commodities or confections, or plays music in connection with, or in addition to, such games of dispensing of skills or pleasure shall be considered as a skill or pleasure machine and taxed at the specified rate for such machine. SECTION 2: LICENSE FEE. a. There is hereby levied an annual license fee of Twenty- Five Dollars ($25.00) for each and every coin operated amusement machine as defined herein. Every person who owns, controls, exhibits, displays - or who permits to be exhibited or displayed - in this City any coin-operated machines shall pay such license fee; provided, however, that nothing herein shall prevent the operator of such machines from paying the license fee, required by this Ordinance for the account of the owner, but the payment of such license fee by such operator or other person shall not relieve the owner of the responsibility of complying with all the provisions of this Ordinance. b. Payment of License Fee and Display of Receipt. 1). The License Fee levied hereby shall be paid to the City Secretary who shall issue the License. 2) The License Fee 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 any coin-operated machine in the City without having attached thereto ~ License Fee Receipt, and no License Fee Receipt issued for a certain coin- operated machine shall be transferred to any other machine. Ordinance No. 84-16 (Con't) 4) All Licenses issued under the provisions of this ordinance shall expire on December 31. c. Exemption from License. All gas meters, pay telephones, pay toilets, food-vending machines, confection-vending machines, and cigarette-vending machines and service coin-operated machines are expressly exempt from the License herein and the other provisions of this Ordinance. d. Failure to Pay Tax. Every coin-operated machine subject to the payment of License Fee herein, and upon which the License Fee has not been paid as provided herein, is hereby declared to be a pbulic nuisance and may be seized and destroyed by the Chief of Police and his agents, as in such cases made and provided by law for the seizure and destruction of common nuisances. e. Application to Illegal Machines. Nothing herein shall be construed to license, permit, authorize, or legalize any machine, device, table, or coin-operated machine - the keeping, exhibition, operation, display, or maintenance of which is now illegal or in violation of any article of the Penal Code of this State or the Constitution of this State. SECTION 3. PROXIMITY TO SCHOOLS. No skill or pleasure coin-operated machines shall be permitted within five hundred (500) feet of any school building in this City. ARTICLE I I I DANCES AND DANCE HALLS SECTION 1. DEFINITION OF TERMS. a. Public Dance. The term, IIpublic dance,1I as used in this Ordinance, shall be taken to mean any dance or ball to which admission can be had by payment of a fee, or by the purchase, possession, or presentation of a ticket or token, or at which a charge is made for caring for clothing or other property, or any other dance to which the public may generally gain admission with or without the payment of a fee. b. Public Dance Hall. The term, IIpublic dance hall,1I as used herein, shall be taken to mean any room, space, or place in which a public dance or public hall is held, or any room, place, or space where dancing is permitted. Ordinance No. 84-16 (Con 't) c. A public dance hall shall measure a minimun of twenty (20) feet by twenty (20) feet. SECTION 2: ENFORCEMENT OF ORDINANCE. The Chief of Police, or other persons under his direction, shall have the authority to enforce the provisions of this Ordinance and all rules, regulations, and ordinances relating to public dances and public dance halls. In making determination as to proper cleanliness and sanitary condition, fire safety requirements, building regulations, use and requirements, etc., the Chief of Police, or other persons under his direction, shall work with and seek the aid of the proper City Departments administering such regulations for the City. SECTION 3: CUMULATIVE REMEDIES. Any remedy prescribed by this Ordinance for the enforcement of the same shall be merely cumulative and shall not preclude resort to any other remedy provided by law. SECTION 4: MAINTENANCE OF PREMISES. All public dance halls shall be kept in a clean, healthful, and sanitary condition at all times, and all rooms connected therewith shall be kept open, and the entire place shall be well-lighted. SECTION 5: PERSONS AND CONDUCT RESTRICTED. It shall be unlawful for any person in charge of any public dance hall to permit any boisterous or disorderly person to enter, be, or remain in - or to assist in any such public dance hall or public dance - and it shall be unlawful for any person to conduct himself in a boisterous or disorderly manner in any public dance hall or at any public dance. No intoxicated, gross-mannered, or vulgar person, or person of indecent character shall be permitted in any dance hall; and no person shall be permitted to conduct himself in a gross or vulgar manner. No indecent, freak, or immodest dances shall be allowed. No public dance hall shall be located in the same building where sleeping rooms are located. SECTION 6: SALE OF ALCOHOLIC BEVERAGES PROHIBITED. It shall be un- lawful for any person to sell or offer for sale any alcoholic beverage within any dance hall. SECTION 7: NARCOTICS PROHIBITED. It shall be unlawful for any person to sell or to offer for sale or use any narcotic drug within any dance hall. 84-16 (con't) Ordinance No. SECTION 8: LICENSE. a. License Required. It shall be unlawful for any person to operate a dance hall within the City without first obtaining a license therefore from the City Secretary. b. Application for License. Each person desiring to operate a Dance Hall in the City shall make an application in writing on a form provided by the City requesting a license for such Dance Hall. Each application for a license shall be verified under oath and filed in triplicate with the City Tax Assessor and Collector. Each application for a license to operate a Dance Hall shall contain the following information: 1) Name, age, sex, race, marital status, address, and telephone number of applicant; 2) Location of proposed Dance Hall. 3) Number of persons to be employed by applicant, if any, and nature of such employment; 4) Statement as to whether 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 indcent conduct or narcotics, or any other misdemeanor (other than traffic violations) and full information concerning any convictions. 5) Statement that any violation of State Law, this Ordinance, or any other City Ordinance which may occur at such establishment will be promptly reported to the Police Department. 6) Statement that no person will be allowed to work or perform duties at such establishment who has been con- victed of a crime involving moral turpitude or any offense involving immoral acts, lewd or indecent conduct, or narcotics. c. Making False Statements. It shall be unlawful for any ap- plicant for a license under the provisions of this Ordinance to make any false statements while making ap- plication therefor. Ordinance No. 84-16 (Con't) d. Fee for License. The fee to be charged and collected for any license issued under the provisions of this Article shall be One Hundred Dollars ($100.00), all license to expire December 31 of the year issued. e. Denial of License. No license to operate a Dance Hall shall be issued under the provisions of this Ordinance if the applicant: 1) Is not a person of good moral character as shown by the application of the applicant or by police investigation; 2) Has had a license revoked during the past two (2) years; 3) Had had a license denied during the past twelve (12) months; 4) Has been convicted of a felony involving moral turpitude or any offense involving immoral acts, lewd or indecent conduct, or narcotics; 5) Has not maintained the premises to be used in accordance with sanitary provisions of this Ordinance, State Law, and other City Ordinances, rules or regulations; 6) Has not been a taxpaying resident of the City of Wylie for the immediate preceeding twelve (12) months. f. Revocation or Suspension. Any license issued under the provisions of this Ordinance may be revoked or suspended upon the violation by licensee or any of his employees of any applicable provisions of this Ordinance, State Law, or other City Ordinances, rules, or regulations. SECTION 9: AUTHORITY TO VACATE PREMISES. The Chief of Police, or other persons under his direction, shall have the power - and it shall be their duty - to cause any place, hall, or room where any public dance is given or held, to be vacated whenever any portion of this Ordinance is being violated, or whenever any indecent act is committed, or when any disorder of a gross, violent, or vulgar nature shall take place therein. SECTION 10: CLOSING HOURS. It shall be unlawful for any dance hall to remain open to the public between the hours of one (1:00) A. M. and five (5:00) A. M. Monday through Saturday, and from 1:00 A.M. and 12:00 noon on Sunday. Ordinance No. 84-16 (Con't) ARTICLE IV - POOL HALLS SECTION 1: DEFINITION OF TERMS. For the purposes of this Article, the following words and phrases shall have the same meaning respectively ascribed to them: a. Billiard Table. IIBilliard tablell shall mean any table surrounded by a ledge or cushion with or without pockets upon which balls are impelled by a stick or cue. b. Licensee. ilL icenseell shall mean any person holding a pool hall license issued under the provisions of this Article. c. Pool Hall. IIPool hallll shall mean any place which is required by State Law to pay an occupation tax to the State for owning and operating one or more billiard tables. SECTION 2: HOURS OF OPERATION. It shall be unlawful for any person to operate a pool hall between the hours of twelve (12) midnight and seven (7) A. M. on week days and between one (1) A.M. and one (1) P.t1. on Sundays. SECTION 3: SALE OF ALCOHOLIC BEVERAGES PROHIBITED. It shall be unlawful for any person to sell or offer for sale any alcoholic beverage within any pool hall. SECTION 4: NARCOTICS PROHIBITED. It shall be unlawful for any person to sell or to offer for sale or use any narcotic drug within any pool hall. SECTION 5: LICENSE a. License Required. It shall be unlawful for any person to operate a pool hall within the City without first obtaining a license therefore from the City Secretary. b. Application for License. Each person desiring to operate a pool hall in the City shall make an application in writing on a form provided by the City requesting a license for such pool hall. Each application for a license shall be verified under oath and filed in triplicate with the City Tax Assessor and Collector. Each application for a license to operate a pool hall shall contain the following information: 1) Name, age, sex, race, marital status, address, and telephone number of applicant; 2) Location of proposed pool hall; 3) Number of persons to be employed by applicant, if any, and nature of such employment; Ordinance No. 84-16 (Con't) 4) Statement as to whether 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 mis- demeanor (other than traffice violations) and full informa- tion concerning any convictions. 5) Statement that any violation of State Law, this Ordinance, or any other City Ordinance which may occur at such establish- ment will be promptly reported to the Police Department. 6) Statement that no person will be allowed to work or perform duties at such establishment who has been con- victed of a crime involving moral turpitude or any offense involving immoral acts, lewd or indecent conduct, or narcotics. c. Making False Statements. It shall be unlawful for any applicant for a license under the provisions of this Ordinance to make any false statements while making application therefor. d. Fee for License. The fee to be charged and collected for any license issued under the provisions of this Article shall be One Hundred Dollars ($100.00), all license to expire December 31 of the year issued. e. Denial of License. No license to operate a pool hall shall be issued under the provisions of this Ordinance if the ap- plicant: 1) Is not a person of good moral character as shown by the application of the applicant or by police investigation; 2) Has had a license revoked during the past two (2) years; 3) Had had a license denied during the past twelve (12) years; 4) Has been convicted of a felony involving moral turpitude or any offense involving immoral acts, lewd or indecent conduct, or narcotics; 5) Has not maintained the premises to be used in accordance with sanitary provisions of this Ordinance, State Law, and other City Ordinances, rules or regulations. Ordinance No. 84-16 (Con1t) f. Revocation or Suspension. Any license issued under the pro- visions of this Ordinance may be revoked or suspended upon the violation by a licensee or any of his employees of any applicable provision of this Ordinance, State Law, or other City Ordinances, rules, or regulations. g. Complaints. 1) Any person may initiate proceedings for revocation or suspension of any license issued under the provisions of this Ordinance by filing a sworn complaint with the Chief of Police alleging the commission of any act in violation of any applicable provision of this Ordinance, State Law, or other City Ordinances, rules, or regulations. 2) Upon the filing of any complaint alleging the violation of any applicable provision of this Ordinance, State Law, or other City Ordinances, rules, or regulations by any person holding a license under the provisions of this Ordinance, the Chief of Police shall give ten (10) days written notice to such licensee that a hearing will be held to determine whether or not such licensee's license shall be suspended or revoked. The date, time, and place of the hearing shall be set forth in the notice. 3) After hearing the evidence and testimony, the Chief of Police shall determine whether or not the licensee has committed the violation alleged in the complaint. If he finds for the licensee, the complaint shall be dismissed. If he finds that the licensee is guilty of the violation, he shall either suspend or revoke the license for a period not to exceed twelve (12) months. h. Appeal of Revocation or Suspension. In the event of the revocation or suspension of any license issued under the pro- visions of this Ordinance, the licensee shall have the right to appeal such revocation or suspension to the City Council within ten (10) days from the date of the hearing. Written notice of appeal shall be filed with the City Secretary. A hearing on such appeals shall be held by the City Council not less than five (5) days nor more than ten (10) days after notice of the date of such hearing has been given to the licensee and to the Chief of Police. The Council shall either sustain the order of the Chief of Police or reinstate the license. Ordinance No. 84-16 (Con't) i. Display of License. All licenses issued under the prOV1Slons of this Ordinance shall be promptly displayed by the licensee at the subject pool hall. j. Inspection. to inspection Depa rtment at Any pool hall within the City shall be subject by members of the Health Department and Police any time. ARTICLE V - PENALTY AND SEVERABILITY AND PUBLICATION AND EFFECTIVE DATE SECTION 1. PENALTY Any person violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor, and, upon conviction, shall be subject to a fine of not more than two hundred dollars ($200.00). Each transaction in violation of any of the provisions hereof shall be deemed a separate offense. SECTION 2. SEVERABILITY. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases are separable, and, if any phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional or invalid by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs, or sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of unconsitutional or invalid phrases, clauses, sentences, paragraphs, or sections. SECTION 3. PUBLICATION. official publication of the City the caption stating in substance Publication shall be made one time in the of Wylie, which publication shall contain the purpose of the Ordinance. SECTION 4. EFFECTIVE DATE. immediately upon its publication. This Ordinance shall become effective PASSED AND APPROVED BY THE CITY COUNCIL ON THIS OF 01Y)~aIv ' 1984. Jtllt DAY " ATTEST: ORDINANCE 84-16 AN ORDINANCE LICENSING AND REGULATING CAR. NIV ALS, COIN OPERATED MACHINES, DANCE HALLS, AND POOL HALLS, PROVIDING FOR LICENSES, PRO- VIDING FOR FEES, PROVIDING A SEVERANCE CLAUSE, PROVIDING A PENAL- TY, PROVIDING FOR PUBLICATION AND PROVIDING AN EFFEC- TIVE DATE. SECTION 4. EFFEC- TIVE DATE. This or- dinance shaH become effec. tive immediately upon its publication. PASSED AND APPROV. ED BY THE CITY COUN- CIL ON THIS 28th DAY OF MARCH, 1984. ROBERT B. SQUIRES, MAYOR A TTE ST: Carolyn Jones, City Secretary 43-1 t-c.