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HomeMy WebLinkAboutORD 05.10.1965 - Regulating Pool Halls422 b.. Georgetown, Texas. May loth, 1965• The City 'Council m*et in regular session on the above date Mayor Pro-Tem Edward Lee Evans presiding. The following Councilmen and officials were present, H. H. Brock, Doyle Lyda, A. 1T. Hoyt, Jr., Jay C. Sloan, Lee C. Black, City Manager, Claud Eads, City Secretary, Joe, B. McMaster, City A" ttorney, Jessie Lozano, Fire Chief, Lenard McLaughlin, I1ire Marshall, Also present were Drew Ballard with K.G. T. N. Radio Station. Manager Black read minutes of meeting held, April 12, 1965. and called meeting held April 19, and April Zip, 1965. Minutes were approved as read. Manager Black read reports for the month of April and pre- sented General Fund bills in the amount of $671.46. Motion By Ho-yt and seconded by Brock that reports be accepted and General Fund bills Oe paid . T,Totion carried b r unanimo,_7.s vote Sloan and seconded by Brock that �r. Douglas Benold Appointment as City Health Officer for ensuing year be approved. Motion carried by unanimous vote. POOL HALL ORDI1,TANCE. CI''Y OF GEO �GETO','dN: 1965 ORDII,,ANCE REG=JL(' TING POOL HALLS: AN ORDINANCE RELATING TO THE LICENSING, TAX.'TIOT , INSPEC- TION, SUPERVISION AND REGULATION OF THE OWNING AND OPER11 0N, FOR PROFIT, OF ANY POOL OR BILLIARD TABLE OR TABLES WITHIN THE CITY OF GEORGETOWN, TEXAS; DEFINING A POOL OR BILLIARD TABLE ; PROVIDING FOR THE LEVY AND COLLECTION OF AN ANNUAL OCC1iPATION TAX, ZVITH CERTAIN EXE,PTIONS; PROVIDING THAT THE OPERATION OF A POOL OR BILLIARD TABLES SHALL BE LOCATED ON =E GPOUNL FLOOR OR STREET LEVEL ONLY OF ANY BUILD- ING OR PRETvTISES; PROHIBITING THE USE OF PARTITIONS OBSTRUCTING THE VIE'Tl OF ANY PART OF THE PREMISES LICENSED HEREIN IN WHICH ANY POOL OR BILL - LARD TABLE OR TABLES IS OR AR.E DISPL�"Y'ZD, O,,7NED OR OPERATED, IT CLR± TAIN EXETlTPTIONS; PROVIDING FOR THE HOUSE OF OPER_'iTION; PROHIBITINC' THE SALE, USE OR CONSUMPTION OF ANY AT,COrTOL C BEVERAGE OR BEVi,? GES" IN, ON OR ABOUT THE PRET,IISES IN ;T1HICH ANY POOL OR BILLIARD TABLE OR TABLES ARE OPERATED, FOR PROFIT: PROVIDING FOR THE SUPERVISION AND INSPECTION OF ANY EST,'_BLISI-11ENT OR THE PREMISES IN OR ON WHICH A POOL OR BILLIARD TABLE OR TABLE'S ARE OWND AND OPERATION FOR PROFIT : PROVIDING FOR THE ISSUANCE OF A LICENSE AT,TD FILING THE FEE THEREFOR; PRESCRIBING THE QUALIFICATIONS OF LICENSE, PROVIDING FOR APPEALS UPON CANCELLATION OR - REVOCATION OF LICE SEU, PROVIDING FOR SPLCTION BY THE .CITY; PRO- VIDING A FITTE OR NOT T._ORE THAN $190.00 UPON CONVICTION OF THE VIOLATION OF ANY PROVISION OR PROVISIONS OF THIS O"1=11ANCE; PROVIDING A SEV- - ERABILITY CLAUSE! REPEALING ALL ORDINACE IN CONFLICT AND DECLARING ATT E'TTERGETTCY. See Ordinance Pages 413-414-415 416 . Motion by >. W. Hoyt, Jr, and seconded by Jay C. Sloan that Ordinance be passed to its first reading. Ordinance was read in full. Motion by Lyda and seconded by-Hpyt that Ordinance be passed by one reading only. Roll call as follows: Ayes -Brock, Lyda, Hoyt, Sloan - Noes - None. Mayor Pro-Tem Evans declared ordinance passed. RESOLUTION. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, ABANDOTdING A CERTAIN ALLEY- WAY LYING BETWEEN BLOCKS 14 AND 15 IN THE HUGHES ADDITION TO THE CITY OF GEORGETOWN, TEXAS: See Ordinance Book Page 417. Motion} by Sloan and seconded, by R6,,yt; that Resolution be approved. Roll call as follows : Ayes, Sloan, I , Brock, Lyda. Noes - None. There being no further business on motion by Sloan and se- conded by Brock meeting adjourn. � ycr, City of Georgetown,, Texas. ATTEST: I City :-c_ .ary. G CITY OF GEORGETOFN: 1965 ORDINANCE REGULATING POOL:HALLS: 0 AN ORDINANCE RELATING TO THE LICENSING, TAXATION, INSPECTION, SUPERVISION AND REGULATION OF THE OWNING AND OPERATION, FOR PROFIT, OF ANY POOL OR BILLIARD TABLE OR TABLES WITHIN THE CITY OF GEORGETO'+ITN, TEXAS; DEFINING A POOL OR BILLIARD TABLE; PROVIDING FOR THE LEVY AND COLLECTION OF AN ANNUAL OCCUPATION TAX, WITH CERTAIN EXEI/IPTIONS; PROVIDING THAT THE OPERATION OF A POOL OF, BILLIARD TABLES SHALL BE LOCATED. ON THE GROUND FI.OQR OR STREET LEVEL ONLY OF ANY BUILDING OR PR MISES; PROHIBITING THE USE OF PARTITI^T?S OBSTRUCTING THE VIEW OF ANY PART OF THE PREMISES LICENSED HEREIIJ IN WHICH ANY POOL OR BILLIARD TABLE OR TABLES IS OR ARE DISPLAYED, OWNED OR OPERATED, 'TII'H CERT.A EXEi,�1PTIOTIS; PROVIDING FOR THE HOUSE OF OPL ERATION; PROHIEITIT,IG THE SALE, USE OR CONSUTviPTION OF ANY ALCOHOLIC BEVERAGE OR BEVER: GES IIJ , OA OR, ABOUT THE PREMISES Its WHICH. ANY _ _ POOL OR BILLIARD TABLE OR TABLES ARE 0�2E_R.,. 1ED, FOR PROFIT: �'ROVIDIAIG FOR THE SUPERVISION AND I1"ISPECTION OF ANY ESTi'.BLISHTv!ENT 01- TH-1] PRE- T-JISES IN OR ON v1HICH A POOL OR BILLIARD TABLE OR Ti13J_,ES ARE OWNED A D FOR PROFIT; PROVIDING FOR THE ISSUANCE OF A LICENSE AND FILING THE FEE _:_L F,FOR, P=l SCRI` T!?G THE QUALIFICATIONS OF LICENSES, PROVIDING FOR A.:_PEALS UPON CANCEL_ TION OR REVOCATION OF LICENSES; PROVIDE.G FOR I ;PECTION BY THE C_ Y; PROVIDING A FINE OF NOT MORE THAN $100.00 UPON CONVICTION OF THE VIOLATION OF ANY PROVISIONS OF THIS ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCE IN CONFLICT AND DECLARING AN EP;IERGENCY. BE IT ORDAINED BY THE CITY Or GEORGETO'iIN, TEXAS: Section 1: Definition: The term "Pool or Billiard Table!7 as used herein shall mean any table surrounded by a ledge or cushion, with or without pockets, upon which balls are propelled by a stick or cue, and 1riere the player thereon does not or is not required to make a coin deposit causing an electrical connection of any nature or kind before such game may be actually commenced. Section 2. License: It shall be unlawful for any person, firm, association of persons, corporations and every other organiza- tion , save and except religious, charitable or educational organiza- tion, aut-,orized under the laws of the State of Texas, to oven and operate, for profit, any pool or billiard table or tables, as such terr_,s are herein defined, within this City without first having ob- tained and appropriate license from the City Secret;.-ry, as herein pro- vided, which license shall at all times be displayed in some conspic- u©us place within the licensed place of business. Section 3: License Fees: The City .Secretary is authorized to collect the fo_lowing annual license fee for each location on which a pool or billiard table or tables is or are owned and operated for profit, to -wit, the sum of C 60.00. for each license issued and a like sum for each renewal thereof. Section 4: Term of Licenses: An, license issued pursuant to this Chapter shall be for one year and s-iall be non -transferable. Section 5: Tax: T__ere is hereby levied an annual occupa- tion tax of 42.50 for each pools lliard table owned and operated for profit within this City by any person, firm, association of persons, 414 4,rcws� tm corporations and every other organization, save and except religious, x charitable and educational organizations, authorized under the laws of the State of Texas, and the taxlevied herein shall be paid to the Tax Collector of the City who shall issue an occupation tax receipt. Said occupation tax receipt shall spedi�ythe number of pool or bill— iard tables for which issued; the address of the building or premises in or on which such table or tables are located and shall bear the serial number or numbers, if any, of the particular table or tables. Such occupation tax shall have and bear no relation to any license or fees provided herein, said license fee being required to provide proper official su_,ervision, inspection and services for the premises. Section 6: Hours of Operation: No person may engage in the.operation for profit of any pool or billiard table within the City on weekdays between the hours of 11:00 o'clock P. M. and 7:00 o'clock A. 11. following; provide, however, that such table or tables may be operated on Sundays only between the hours of 1:00 P. 1;1. and 5:00 P. M. Section 7: Alcoholic Beverages: The sale of alcoholic beverages or beverages in or on t!:ie premises licensed hereunder is here— by prohibited. No person, firm, association of persons, corporations? and any other organizations authorized under the laws of the State of Texas, licensed hereunder, shall knowingly permit the sale, use or consumption of any kind of alcoholic beverage or beverages in or upon the -premises for which a license has been issued, as provided in this Ordinance. Section 8: Revocation of License: The City Council is hereby authorized and empowered to revoke or cancel the license of any person ,firm, association of persons, corporations and every other or— ganization authorized under the laws of the State of Texas, licensed to own and operate a pool or billiard table or tables hereunder, after giving such licensees ten days notice of a hearing and after conducting such hearing for the purpose of determining whether such license should by revoked, provided, however, that such power of cancellation or revoca— tion shall be exercised only under the bllowing conditions: Ordinance; (a) For the violation of any of the provisions of this (b) For knowingly permitting the sale, use or consumption of any alcoholic beverage or beverages in or upon the premises licensed hereunder; (c) For violation of the prescribed hours of operation provided herein; (d) For knowingly permitting the presence on the pre - raises of a person or persons under the influence of intoxicating liquor; (e) For knowingly permitting disorderly conduct or immoral practices on the premises; (f) For knowingly permittingly the violation of the law or laws of the State of Texas or the Ordinances of this City. (g) For knowingly permitting any gambling on the premises. Appeals from action under this provision shall be had under the Substantial Evidence Rule. Section 9: Partitions, etc.: It shall be unlawful to erect or construct on the licensed premises, any partition or partitions, obstructing the view of any part of the building or premises licensed herein, or cutting the building into two or more rooms byconstructing partitions therein, in which a pool or billiard table or tables is or are displayed, owned and operated for profit, provided, however, that toilets or other s-.nitary facilities shall be enclosed a:_d adequately ventilated in accordance with health, plumbing, sanitary and other ay-)- plicable ordinances of this City. Section 10; Location: Places of business governed by this ordinance shall be located on the ground floor or street level only of any building aAd shall not be licensed for any other floor than the ground or street level floor. Section 11: Inspections: The City shall have authority to make periodic inspections of the licensed premises to determine com- pliance with the building provisions,,, the maintenance of toilets and other sanitary facilities and compliance with the health, plumbing, sanitary and other applicable provisions of this ordinance and other ordinances of this City. Section 12: Penalties: Any person, firm, association of persons, corporations or every other organization licensed hereunder violating; any provision of this Ordinance shall be guilty of a mis- demeanor and L_pon conviction shall be fined not more than $100.00. Section 13: Severability: If any section, sub -section. paragraph, sentence, clause. _phrase orword of this Ordinance or ap- plication thereof to any person or circumst-_.nce is held invalid, such holding shall not affect the validity of the remaining portions of the 416 0 1-4 Ordinance and the City Commission hereby declares it would have passed such remaining portions of the Ordinance despite such invalidity. Section 14: Repealing Lijause: All ordinances or parts of Ordinances in conflict herewith are expressly repealed. Section 15: Emergency Clause: The importance of this Ordinance and the absence of any regulation relating to the owning and operation of a pool or billiard table or tables and the licensing thereof and the levy and collection of an occupation tax thereon Creates an emergency and an imperative public necessity and requires that this Ordinance shall take effect and be in force from and after its passage and it is &oOrdained. i�AWi,Eiuh b. EiLlU'TT9 iVA Uit, CITY OF GEO RGETOWN, TEXAS ATTEST: CITY SECRETARY