(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
OPERATOR. A person, firm, company, partnership, or association who exhibits or displays a mechanical, video, or electronic game or pool table within the town who does not own the games or pool tables.
OWNER. Any person, firm, company, partnership, or association that owns a mechanical, video, or electronic game or pool table located within the licensed premises.
PLACE OF RECREATION. Any business establishment open to the public, whether serving food or beverages or not, that provides more than an aggregate total of three mechanical (including shuffle board, pinball, table type 9 and 10 pin alley, and marble machines), video or electronic games of skill, chance or pleasure, whether coin-operated or not, and/or pool tables.
POOL TABLE. Any table surrounded by a ledge or cushion, with or without pockets, upon which balls are propelled by a stick or cue, and shall include billiard tables, pool tables, and bumper pool tables whether coin-operated or not.
(B) Occupation tax.
(1) An occupation tax is imposed on each mechanical, video, or electronic game or pool table that is displayed, exhibited, and used within the town limits of the Town of Lakeside on January 1 of each year, except for the year 2002 and the tax is imposed as of the effective date of this section.
(2) The tax rate is one-fourth of the occupation tax imposed by the State of Texas and is due on January 15 of each year, except for the year 2002 and the tax is due upon the effective date of this section.
(3) The tax is due and payable by the owner of each game or pool table.
(4) The tax shall be collected by the Town Administrator.
(5) The tax on a mechanical, video, or electronic game or pool table that is first displayed, exhibited, or used in the Town of Lakeside after March 31 of each year is one-fourth of the tax imposed by this section for each quarter or partial quarter of the calendar year remaining after the date the game or pool table is first exhibited. The tax is payable within 15 days after the game or pool table is first exhibited in the Town of Lakeside.
(6) A tax permit shall be issued by the Town Administrator upon receipt of payment and it shall be securely affixed to each game or pool table.
(7) The Town Administrator may not refund or assign credit for the tax imposed under this section to an owner who ceases to exhibit or display a coin-operated machine before the end of the calendar year for which the tax is imposed.
(8) A person may not attach a tax permit to a coin-operated machine that is exhibited or displayed if the machine is not registered with the Town Administrator under this section.
(C) License required.
(1) It shall be unlawful for any person, firm, association of persons, corporation, or any other type of organization to own, operate, or maintain any place of recreation within the Town of Lakeside, Texas, without having first obtained an appropriate license from the Town Secretary, as hereinafter provided, which license shall at all times be displayed in a conspicuous place within the licensed place of business.
(2) There is excepted from the requirement that a license be obtained any religious, educational, charitable, benevolent, or nonprofit association or corporation, or any governmental entity. It is provided, however, that any such association or entity shall, upon request by the Town Administrator or the Administrator’s representative, furnish proof at any time of its religious, educational, charitable, benevolent, nonprofit, or governmental status. Any failure to respond to the request within ten days shall constitute a violation of this section and subject the organization to the penalties set out in this section.
(3) There is excepted from the requirement that a license be obtained an individual who owns mechanic, video, or electronic games and/or pool tables for personal use and amusement only that are located in the individual’s residence.
(D) Compliance with other laws required. No license shall be granted pursuant to this section unless it shall appear, upon investigation by the Town Administrator or the Administrator’s representative, that the premises to be used for the purpose of operating a place of recreation comply with the laws of the state and all ordinances of the town regulating health and sanitation, fire regulations, zoning regulations, and all requirements of the building codes of the town.
(E) Application for license.
(1) Any person or other entity desiring a license to operate a place of recreation shall file with the Town Administrator a written, sworn application for the license, and the application shall state:
(a) The location, by street and number, of the premise which is proposed to be used for the purpose and the size of the space to be used;
(b) If not the owner of the premise, the name and address of the owner;
(c) If the applicant is an individual, the name, business and residence address of the applicant, the applicant’s social security number, and driver’s license number and state of issuance;
(d) If the applicant is an association or partnership, all of the information described in division (E)(1)(b) above, as to each individual composing the association or partnership;
(e) If the applicant is a corporation, the date and state of incorporation and, if it is a foreign corporation, then the date that it obtained a license to do business in the State of Texas, the name of the registered agent of the corporation, the principal and registered address and the name of its chief executive officer;
(f) If the applicant for the license will not or does not own all of the game machines or pool tables, then the name and address of the person or entity owning and furnishing the games and pool tables; and
(g) The number and type of games or pool tables anticipated to be on the premises during the term of the license or, if the application is for a renewal of the license, the number and types of games and pool tables presently at the premises.
(2) Each individual named in the application shall verify that he or she has never been convicted of any crime involving injury to or abuse or molestation of a child.
(3) It shall be unlawful to misrepresent any information, fact, or statement made in the application. Any misrepresentation shall, in addition to the other penalties prescribed by law, be cause for revocation of a license or cause for denial of a license.
(4) The Town of Lakeside shall issue or deny a license within 30 working days from the date the application for same is filed with the Town Secretary.
(F) License fees.
(1) In addition to all other fees or taxes levied or charged by the Town of Lakeside, the State of Texas or other jurisdictions, there shall be levied and paid at the time the Application for license is filed with the Town Administrator an annual license fee in an amount set by the City Council from time to time.
(2) The license fee shall be paid at the time the application is filed.
(3) The license fees specified above shall be pro-rated on a calendar year basis in the year it is first issued.
(G) Term of license. The term of each license issued to a place of recreation shall be for the period of January 1 through December 31 of the year the license is issued. Once issued, a license must be renewed and re-issued no later than January 15 of the following year. No license issued under the terms of this section shall be transferable.
(H) Appeals. In the event the issuance of a license is denied, the action shall be final, unless the applicant for the license shall, within ten days after the date of denial, file a written appeal with the Town Administrator addressed to the City Council requesting a hearing by, the Council upon the question as to whether or not the application should be granted. The Council shall, within 30 days, grant a hearing thereon to determine whether the decision to deny the application was correct. The Council may make the investigation and receive information from the Town Administrator, the Chief of Police and any other person in making its determination. The Council may affirm the denial of the license or may grant the application for a license. In any event, the action taken by the Council shall be final. Any applicant aggrieved by the action of the City Council shall have the right to appeal to the District Courts of Tarrant County, Texas, on the grounds that the City Council has acted arbitrarily or capriciously with regard to the proposed application. Any action must be filed in the District Courts within 30 days after the date City Council has taken action or the action of the City Council shall be conclusive.
(I) License not a vested right. The granting of any license under the terms of this section shall in no event be construed as the granting or conferring of any vested right to the licensee or operator, but shall be subject to revocation, cancellation, or suspension as provided herein.
(J) Renewal of license. Before a place of recreation license shall be renewed, the person or entity requesting the renewal shall make application for renewal. The application shall contain all of the facts, information, and statements as are required for an original application for a license. At the time of the making of the application for renewal, the applicant shall also pay the license fees and occupation tax as set out herein.
(K) Revocation of license. If a place of recreation licensed under the provisions of this section is not being conducted in accordance with the laws of this state or of this section, the Chief of Police or Town Administrator shall give notice in writing to the operator, licensee, Administrator, or other person in control of the premises that the license issued for the operation and maintenance of the place of recreation will be revoked, cancelled, or suspended. The notice of revocation, cancellation, or suspension shall become final after the expiration of ten days from the date of the service of same upon the operator, licensee, Administrator, or other person in charge, unless, within the time, the licensee, operator, or Administrator shall file with the Town Secretary a written appeal addressed to the City Council. The appeal shall operate as a stay or postponement of the revocation, cancellation, or suspension of the license issued until the time as the Council shall grant a hearing and make a final decision. The hearing shall be held within 30 days after the date of filing of the appeal. The Council shall make the investigation and receive information from the sources as it may deem fit. The action and judgment of the Council after the hearing shall be final and conclusive as to all parties. Any applicant aggrieved by the action of the City Council shall have the right to appeal to the District Courts of Tarrant County, Texas, on the grounds that the City Council has acted arbitrarily or capriciously with regard to the revocation, cancellation, or suspension of the license. The appeal to the District Courts must be filed within 30 days after City Council has acted or the action of the City Council shall become final and conclusive.
(L) Location of recreational facility. No recreational facility shall be located within 300 feet in a direct line from any of its public entrances of the property line of a church, hospital, or public or private school.
(M) Hours of operation. No place of recreation shall be operated between the hours of 12:00 a.m. and 7:00 a.m. on any day; provided, however, that no place of recreation may be operated on Sundays, except during the hours of 10:00 a.m. to 11:00 p.m.
(N) Limitation on service of alcohol.
(1) No licensee shall knowingly permit the use, consumption, or possession of any kind of alcoholic beverage in or upon the premises for which a license has been issued if minors are permitted on the premises.
(2) There is excepted from the above restriction concerning the sale, use, consumption, and possession of alcoholic beverages the following:
(a) A licensee may serve alcoholic beverages if the minors permitted on the premise are employees of the licensee; and
(b) A licensee may serve alcoholic beverages on the premise where minors are permitted if 60% or more of licensee’s gross revenues are from the sale of other products and goods and/or services that form a primary part of its business and advertising.
(3) If alcoholic beverages are sold in a recreational facility, the place where alcohol is served shall be physically separated from the space where games and pool tables are located by walls or partitions that are at least four feet tall.
(O) Rules of operation.
(1) It shall be unlawful for any holder of a license to knowingly permit or allow any person reasonably suspected of being under the influence of alcohol or drugs from entering on or remaining at the premises.
(2) It shall be unlawful for any holder of a license to knowingly permit or allow on the premises any person who has been convicted of a felony or who has been convicted of any crime involving injury to or molestation or abuse of a child.
(3) It shall be unlawful for any holder of a license to knowingly employ any person on the premises who has been convicted of a felony or who has been convicted of any crime involving injury to or molestation or abuse of a child.
(4) The holder of a license and person in charge of any place of recreation shall not allow profane, loud, or abusive language on the premises, nor shall gambling be permitted except as may be specifically allowed by state law.
(5) It shall be unlawful for any holder of a license to allow a minor to enter the licensed premise during regular school hours of the public schools.
(6) It shall be unlawful to screen any game or pool table so same is not clearly and plainly visible from the front door area of the premise, or if another primary business activity takes place where the majority of the public is engaged in an activity other than the playing of games or pool, then the game or pool table shall be clearly and plainly visible from the area of the premise where the other activity is taking place.
(P) Duty of licensee. It shall be the duty of each licensee, and its mangers and operators, to prevent violations of the terms of this section. A failure to do so shall constitute sufficient cause for revocation of any license granted hereunder.
(Q) Inspections. The Town Administrator, Chief of Police, or building inspection official may enter on the premises to make periodic inspections for the purpose of determining whether the premises and the operations conducted are in compliance with this section and all other ordinances pertaining to health and building conditions with which the licensee must comply.
(R) Effective date. This section shall be in full force and effect from and after is passage and publication as required by law, and it is so ordained.
(Ord. 241, passed 2-14-2002) Penalty, see § 110.99