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O77-03CITY OF KENNEDALE ORDINANCE NO. 77-3 AN ORDINANCE PRESCRIBING RULES AND REGULATIONS FOR THE OPERATION OF AMUSEMENT HALLS, AS HERE- IN DEFINED, WITHIN THE CORPORATE LIMITS OF THE CITY OF KENNEDALE, TEXAS; REQUIRING APPLICATION AND ISSUANCE OF A LICENSE BY THE CITY THEREFOR, GROUNDS AND PROCEDURE FOR REVOCATION OF SUCH LICENSE, AND PROCEDURES FOR APPEAL; PRESCRIBING A PENALTY FOR THE VIOLATION OF SUCH ORDINANCE; CONTAINING A SAVING CLAUSE AND AN EFFECTIVE DATE. WHEREAS, after investigation and study, the City Council of the City of Kennedale, Texas, has found and deteLuiined that the operation of an amusement hall, as herein defined, if not properly and responsibly regulated, is susceptible to becoming and constituting a public nuisance and contributing to truancy by minors and that through regulations, permits and procedures as herein set forth, the likelihood of such establishments becoming a nuisance can be materially reduced or eliminated, to the end that the public safety and morality and general welfare will be preserved and en- hanced; NOW, THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS: SECTION 1. General Provisions. A. Definition. Amusement Hall, as herein used, shall mean a business which has as its primary service the availability of coin -operated machines to be used, or capable of being used or operated for amusement, pleasure or skill. Primary Service, as used in said above definition, shall mean that a particular business offers more than fifty (50%) per cent of useable floor space open to the public for the stated purpose, or that a particular business in the opinion of the Chief of Police uses such coin operated machines for amusement, pleasure or skill as the predominant service provided by such business establishment. B Age Restrictions. It shall be unlawful for the operator or operators of an amusement hall to permit persons under the age of sixteen (16) years to use the coin operated machines on the premises of such amusement hall unless such person shall be accompanied by a parent or guardian or shall have in his or her possession a written and signed permission to play from a parent or guardian of said minor. It shall be unlawful for the operator or operators of any amusement hall to allow any person attending the public schools to use said machines on the premises of such amusement hall before 4:00 P. M. during a school day. C. Gambling. The operator or operators of an amusement hall shall not permit gambling or wagering of any kind or character to take place on the premises of such amusement hall. D. Inspections. Any amusement hall within the City of Kennedale shall be subject to inspection at any time by the City Health Officer or his authorized agent, and by the City Police Department or any member thereof. SECTION 2. License or Permit Requirement. It shall be unlawful for any person or persons to operate an amusement hall in the City of Kennedale, Texas, without first obtaining a license or permit therefor from the City Secretary The City Secretary shall issue such license or permit only upon approval of the application and applicant by the Chief of Police of the City of Kennedale, Texas, and upon payment of the fee herein prescribed. Said license shall be displayed in a conspicuous place on the premises of the amusement hall at all times. SECTION 3. Application for License or Permit. Any person desiring a license or permit to operate an amusement hall within the City of Kennedale, Texas, shall file with the Chief of Police a written application, verified under oath, containing the follow- ing information: (1) The location by street and number of the place which is to be used for such purpose; the name, address and employ- ment record of each applicant; a statement that the applicant or applicants are each a bona fide resident of Texas, giving the length of residence; whether or not any applicant has ever been convicted of a felony or misdemeanor, and if so, the nature and particulars of the offense. (2) If an applicant is a fine or partnership, all of the information above required shall apply to each individual composing the firm or partnership. (3) The application must show that the applicants own, rent, lease or otherwise have lawful control of the building and property where the amusement hall is to be located. -2- (4) It shall be unlawful to misrepresent the kind and character of the amusement hall to be operated, or any other statement made in such application. Any misrepre- sentation shall be cause for revocation or denial of the license. SECTION 4. Fee for License or Permit. The fee to be charged and collected upon filing of application for license or permit hereunder shall be $50.00. This shall be a fee to cover the expense of investigation of the application, and if permit or license is granted, an annual fee for renewal of the license and inspection and regulation thereunder. If the license is denied, no part of the fee shall be refundable. The fee shall be applicable to the calendar year during which a license is granted or applied for, and the annual fee for a calendar year, pay- able on or before February 1 of each year. There shall be no proration of the fee as granted or renewed during a calendar year. SECTION 5. Denial of License or Permit. No license or permit shall be'issued to an applicant who is not eighteen (18) years of age or over, nor to a person who is not of good moral character as shown by Police investigation, nor to a person who has had a license revoked during the previous two years, nor to a person who has had a license application denied during the preceding twelve months, nor to a person who has been convicted of a felony or of any offense involving moral turpitude or involving immoral acts, indecent conduct or narcotics. SECTION 6. Appeal of Denial or Revocation of License or Permit. Should the Chief of Police refuse to grant a license or permit, or revoke a license or pe.Lmit, the applicant or holder shall have the right of appeal to the City Council by giving written notice within ten (10) days after the refusal or revocation. The appeal shall be heard at the next -regular' meeting' of the City Council, and the denial or revocation shall stand or be set aside in accordance with the action of the City Council as recorded in the minutes of such meeting. SECTION 7. Operation of Amusement Hall. The amusement hall, if licensed, shall at all times have an on -site manager that is eighteen (18) years of age or older, -and said manager shall not allow any continued noise that would result in a nuisance to adjoining property owners, shall allow no fighting, gambling or consumption of alcoholic beverage on the premises of the amusement hall, and shall permit no behavior which would detract from the general public peace and welfare. -3- SECTION 8. Expiration of License or Permit. All licenses or permits shall expire on the 31st day of December of each calendar year, and shall be renewable annually by payment of the renewal fee of $50.00 on or before the 1st day of February of the following calendar year, subject to approval of the Chief of Police finding that the qualifications of the applicant and prior oper- ation of the particular establishment are and have been in reasonable conformity with the requirements set forth in this ordinance. SECTION 9. Cancellation or Revocation of License or Permit. Violation of any provision of this ordinance, or in- eligibility of the licensee at any time hereunder, shall constitute cause for revocation or cancellation of the license or permit. The Chief of Police, at any time he finds cause for cancellation or revocation to exist, may give notice in writing to the licensee to appear before him at a designated time for hearing to show cause, if any, why such license should not be cancelled and re- voked. If after such hearing, the Chief of Police de- termines that cause does in fact exist and the license or permit should be revoked and cancelled, he shall give notice of revocation in writing to the license holder, either in person or by certified mail to the address of the amusement hall as shown in the application for license. The revocation or cancellation shall be effective 10 days after receipt of such notice, which receipt date shall al- so commence the running of time for appeal as above allowed. SECTION 10. Penalty for Violation. This provision shall be cumulative of and in addition to the right of the Chief of Police to deny or revoke a li- cense or permit to operate an amusement hall for violation of the provisions of this ordinance. Any violation of this ordinance or any provision hereof shall constitute a misdemeanor, and upon conviction there- of, any person, firm or corporation violating the same shall be fined any sum not to exceed $200.00. Each day that any violation continues shall be deemed to constitute a distinct and separate offense. SECTION 11. Severability Clause. If any provision, paragraph, section, clause, sentence or phrase of this ordinance is held to be unconstitutional or unenforceable for any reason, it shall not be deemed to affect the validity or enforceability of any other provi- sion, paragraph, section, clause, sentence or phrase here- of, each such portion of the ordinance being hereby de- clared to constitute a distinct and severable part of the ordinance. SECTION 12. Effective Date. This ordinance shall be in full force and effect iuiuiediate- ly upon its passage, and publication as required by law. Any amusement hall in existence or operation within the City at the time of its taking effect, shall have 30 days there- after in which to make application for license hereunder. PASSED AND APPROVED this 12th day of January, 1977. APPRO C_ Steve Radakovich, Mayor of the City of Kennedale, Texas n Evelyi' Templeton, City Secretary -4- LEGAL NOTICE NOTICE is hereby given that at a regular meeting of the City Council of the City of Kennedale, Texas, on January 13, 1977, said City Council adopted City of Kennedale Ordinance No. 77-3, entitled "An Ordinance Prescribing Rules and Regulations for the Operation of Amusement Halls, As Herein Defined, Within the Corp- orate Limits of the City of Kennedale, Texas; Requiring Application and Issuance of a License by the City Therefor, Grounds and Proced- ure for revocation of Such License, and Procedures for Appeal; Pre- scribing a Penalty for the Violation of Such Ordinance; Containing a Saving Clause and an Effective Date." Said ordinance defines an amusement hall as any business which has as its primary service the availability of coin -operated machines to be used, or capable of being used or operated for amuse- ment, pleasure or skill. It requires application for and issuance of a license or permit by the City for operation of such amusement hall, payment of a non-refundable fee of $50 per year for issuance and annual renewal of such license, and prescribes rules for license issuance and renewal and revocation, and for the operation of amuse- ment halls and who may be allowed to frequent and use same. Said ordinance becomes effective upon the publication of this notice, and any existing amusment halls in the City of Kenne- dale are given 30 days thereafter to make application for such li- cense. The penalty prescribed for violation of the ordinance is revocation of the license or permit therefor, and upon conviction, a fine of any sum not to exceed $200.00, with any day that any violation continues deemed to constitute a distinct and separate offense. Signed this 10th day of Febraaary, 1977. S eve Radakovich, i.ayor of the City of Kennedale, Texas ATTEST: Evelyn Templeton, City Secretary (CITY SEAL) THE STATE OF TEXAS: COUNTY OF TARRANT: CITY OF KENNEDALE: AFFIDAVIT OF PUBLICATION x X BEFORE ME, the undersigned authority, on this day person- ally appeared John Harrah , who having been by me first duly sworn, says upon his oath: That he is the Owner & Publisher of the "KENNEDALE NEWS", which is a weekly newspaper published in Tarrant County, Texas, and has general circulation in the City of Kennedale, Texas; and that notice of the passage and enactment of City of Kennedale Ordinance No. 77-3, being an ordinance regulating the licensing and operation of ammusement halls, a newspaper copy of which notice is hereto attached, was published in one issue of said news- paper on the l7th day of Fabruary, 1977. EXECUTED this 17th day of February, 1977 SUBSCRIBED AND SWORN TO befo e me this the 17th day of Febraury, 1977. Notary u lic, Tarrant County, Texas My Commission Expires: -as-767 THE STATE OF TEXAS: COUNTY OF TARRANT: CITY OF KENNEDALE: AFFIDAVIT OF PUBLICATION X X BEFORE ME, the undersigned authority, on this day person- ally appeared John Harrah , who having been by me first duly sworn, says upon his oath: That he is the Owner & Publisher of the "KENNEDALE NEWS", which is a weekly newspaper published in Tarrant County, Texas, and has general circulation in the City of Kennedale, Texas; and that notice of the passage and enactment of City of Kennedale Ordinance No. 77-3, being an ordinance regulating the licensing and operation of ammusement halls, a newspaper copy of which notice is hereto attached, was published in one issue of said news- paper on the 17th day of Fabruary, 1977. EXECUTED this 17th day of bruary, 1977 SUBSCRIBED AND SWORN TO be ore me this the 17th day of Febraury, 1977. Notary Public, Tarrant County, Texas TUTTLETA My Commission Expires: THE STATE OF TEXAS: COUNTY OF TARRANT: CITY OF KENNEDALE: AFFIDAVIT OF PUBLICATION x BEFORE ME, the undersigned authority, on this day person- ally appeared John Harrah who having been by me first duly sworn, says upon his oath: That he is the Owner & Publisher of the "KENNEDALE NEWS", which is a weekly newspaper published in Tarrant County, Texas, and has general circulation in the City of Kennedale, Texas; and that notice of the passage and enactment of City of Kennedale Ordinance No. 77-3, being an ordinance regulating the licensing and operation of aw usement halls, a newspaper copy of which notice is hereto attached, was published in one issue of said news- paper on the 17th day of Fabruary, 1977. EXECUTED this 17th day of Feb uar , 1977 SUBSCRIBED AND SWORN TO be re me this the 17thday of Febraury, 1977. Notary Pu lic, Tarrant County, Texas My Commission Expires: 6 -as- 7g Legal Notice NOTICE is hereby given that at a regular meeting of the City Council of the City of Kenne- dale, Texas, on January 13, 1977, said City Council adopted City of Kennedale Ordinance No. 77-3, entitled "An Ordinance Prescribing Rules and Regulations for the Operation of Amusement Halls, As Herein Defined, Within the Corporate Limits of the City of Kennedale, Texas; Requiring Application and Issuance of a License by the City Therefor, Grounds and Procedure for revocation of Such License, and Procedures, for Appeal; Prescribing a Penalty for the Violation of Such Ordinance; Containing 3 a Saving Clause and an Effective Date." Said ordinance defines an amusement hall as any, business which has as its primary service the availability of coin -operated machines to be used, or capable of being used or operated for amusement, pleasure or skill. It requires 1 application for and issuance of a license or permit by the City for operation of such amuse- ment hall, payment of a non-refundable fee of $50 per year for issuance and annual renewal of such license, and prescribes rules for license issuance and renewal and revocation, and for the operation of amusement halls and who may be allowed to frequent and use same. Said ordinance becomes effective upon the publication of this notice, and any existing amusement halls in the City of Kennedale are given 30 days thereafter to make application for such license. The penalty prescribed for viola- tion of the ordinance is revocation of the license or permit therefor, and upon conviction, a fine of any sum not to exceed $200.00, with any day that any violation continues deemed to constitute a distinct and separate offense. Signed this 10th day of February, 1977. Steve Radakovich, Mayor of the City of Kenne- dale, Texas. ATTEST: Evelyn Templeton, City Secre- tary.