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No such license shall be issued to:
A. A person who is not of good character and reputation in the community in which he resides.
B. A person who has been convicted of a felony under any Federal or State law.
C. A person who has been convicted of being the keeper or is the keeper of a house of ill fame.
D. A person who has been convicted of pandering or other crime or misdemeanor opposed to decency and morality.
E. A person whose license issued under this Chapter has been revoked for cause.
F. A person who, at the time of application for renewal of any license issued hereunder, would not be eligible for such license under a first application.
G. A copartnership, unless all the members of such copartnership shall be qualified to receive a license.
H. A corporation, if any officer, manager or director thereof, or stockholder owning in the aggregate more than five percent (5%) of the stock of such corporation, would not be eligible to receive a license hereunder for any reason other than citizenship and residence within the City.
I. A person whose place of business is conducted by a manager or agent unless said manager or agent possesses the same qualifications required of the licensee.
J. A person who does not own the premises for which a license is sought or does not have a lease thereon for the full period for which the license is to be issued. (1994 Code)
A. Sanitary Conditions: The licensee shall cause the premises to remain in a clean and sanitary condition at all times and shall place such waste receptacles in and around the premises so as to accomplish the above.
B. Bicycle Parking Provided: A licensee shall provide adequate and orderly parking for all bicycles and shall keep the storefront unobstructed so that the sidewalks are clear and open to pedestrian traffic. (1994 Code)
A. Closing Hours: It shall be unlawful for any coin-operated amusement center to be open to the public at any time other than the following:
Sunday through Thursday | 9:00 A.M. to 12:00 midnight | |
Friday and Saturday | 9:00 A.M. to 1:00 A.M. |
B. Gambling Prohibited: It shall be unlawful to permit gambling on the premises. Any licensee hereunder who observes any gambling on the part of its patrons or has reasonable grounds to suspect that gambling is taking place, shall immediately cause the removal from the premises of such persons as are involved in the gambling activity.
C. Cigarette Sales Prohibited: It shall be unlawful to permit the sale of cigarettes on the premises.
D. Attendant on Duty: An attendant shall be on the premises at all times in which the business is open to the public and shall be in such a position as to have a clear view of all of the amusement devices and activity taking place on the premises.
E. Noise Conditions: It shall be unlawful for the licensee hereunder to permit such noise, either by mechanical means or noise on the part of patrons, which shall cause disturbance to the adjacent and surrounding uses as would cause the normal operation of said businesses to be damaged or unreasonably disturbed.
F. Intoxicated Persons: It shall be unlawful for any licensee to permit any individual under the influence of alcohol or drugs on the premises. Any licensee who observes any individual on the premises who is under the influence of alcohol or drugs or who reasonably suspects such persons to be under such influence shall immediately cause the removal of said person from the premises.
G. Disturbing the Peace: All licensees hereunder shall have the affirmative duty to report to the Police Department any and all incidences of a "disturbance of the peace" 1 which take place within the licensed premises or outside the premises within one hundred feet (100') from the entrance, whether personally observed or upon complaint of adjacent businesses or residents, immediately upon observation or notification. Failure to report to the police as herein provided shall be deemed sufficient cause to revoke the license issued hereunder. (1994 Code)
Notes
| 1 | 1. V.T.C.A., Penal Code §42.01. |
The Chief of Police or his designated agent shall make or cause to be made such inspections as may be necessary to ensure compliance with the provisions of this Chapter and all other ordinances relating thereto and is hereby given the power to enter or to authorize any law-enforcing officer to enter at any time upon the premises to effectuate same. (1994 Code)
A. Suspension of License: In addition to any other penalties as are hereinafter provided, the City Manager shall have the authority to suspend, for cause, any license issued hereunder up to a period of two (2) weeks when he has received evidence of the violation by the licensee of any of the regulations above set forth and has reasonably ascertained the truthfulness of said evidence by any means available to him. Any licensee who is notified of any such suspension as is herein provided shall, immediately upon notification, forfeit the license issued hereunder to the City Manager for the duration of the suspension period and shall cease to operate business during said time. Upon the termination of the suspension period, the license shall be forthwith delivered to the licensee.
B. Revocation of License: Any licensee hereunder who is found to be unqualified to hold such license due to a failure to meet any of the restrictions set forth in Section 3-9-4 of this Chapter or whose license has been suspended for cause, as provided above, two (2) or more times shall be subject to having his license revoked by the Board of Commissioners. Upon the occurrence of any of the above, the Board of Commissioners or designated agent shall cause a notice to be sent to the licensee for a hearing to determine cause as to whether said license should be revoked, said hearing to be held within ten (10) days but no sooner than three (3) days from the receipt thereof. Said notice shall set forth the nature of the hearing and shall contain such information as is necessary to reasonably inform the licensee of those violations for which he is being charged and shall further set forth the time, date and location of said hearing. The licensee will be given an opportunity to present such testimony and evidence in his own behalf as he deems necessary. Upon the completion of said hearing, the Board of Commissioners shall determine whether sufficient cause has been shown which would require the revocation of said license and shall, within five (5) days from the date of hearing, inform the licensee, in writing, if their determination results in a revocation. (1994 Code)