Ord. 1336 2008-01-28
ORDINANCE NO. 1336
AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS AMENDING
CHAPTER 5, AMUSEMENTS AND ENTERTAINMENTS, OF THE CODE
OF ORDINANCES, CITY OF PEARLAND, TEXAS AS IT MAY HAVE
BEEN AMENDED FROM TIME TO TIME BY ADDING ARTICLE V,
GAMING ESTABLISHMENTS; PROVIDING DEFINITONS; REQUIRING
TRANSPARENT & UNOBSTRUCTED WINDOWS; ESTABLISHING
HOURS OF OPERATION AND ALLOWING FOR FREE INGRESS AND
EGRESS; PROVIDING FOR A PENALTY; HAVING A SAVINGS
CLAUSE; HAVING A SEVERABILITY CLAUSE; AND PROVIDING FOR
CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE.
WHEREAS, the City of Pearland, Texas, (herein the "City"), being a home-rule city
having authority to utilize police power regulation for the health, safety and general
welfare of the citizens of the City; and
WHEREAS, the City Council finds that the unregulated operation of gaming
establishments contributes to inappropriate and illegal activities including gambling,
fraud and truancy;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS:
Section 1. That Chapter 5, AMUSEMENTS AND ENTERTAINMENTS, of the Code of
Ordinances, City of Pearland, Texas is hereby amended by adding Article V - GAMING
ESTABLISHMENTS, which said article reads as follows:
"Article V. GAMING ESTABLISHMENTS
Sec. 5--200. Definitions
For the purpose of this article, the following words and phrases shall have the meaning
respectively ascribed to them by this section:
Amusement machine: a recreational machine that provides the user by way of chance
or luck with an opportunity to receive something of value other than the right of replay.
Coin-operated machine: a machine or device operated by the payment or insertion of
paper currency or any other consideration.
Gaming Establishment: a video arcade, game room, or other establishment that has
more than four (4) coin-operated amusement machines or eight-liners for use by its
patrons.
Gaming Establishment Owner. a person who has an ownership interest in a gaming
establishment.
Sec. 5--201. TRANSPARENT, UNOBSTRUCTED WINDOWS
(a) Every gaming establishment shall have transparent unobstructed windows or
open space on at least one side so that the gaming establishment is open to view
by members of the public passing by on a public street, or using a corridor, lobby
or other room to which the public has access and is admitted without charge.
(b) The owner, manager or employee of a gaming establishment shall not permit any
obstruction of such public view.
Sec. 5--202. HOURS OF OPERATION, INGRESS AND EGRESS
(a) All gaming establishments shall have their hours of operation clearly marked on
every public entrance.
(b) All gaming establishments shall keep all doors providing ingress to and egress
from the gaming establishment for members of the public unlocked during the
hours of operation.
(c) It shall be unlawful for any person to keep, conduct or operate any gaming
establishment outside the hours of operation indicated in compliance with section
(a) above.
Sec. 5--203. PENAL TV
Any person who violates any of the provisions of this section or fails to comply therewith
shall be deemed guilty of a Class C Misdemeanor and, upon conviction, shall be fined
not more than five hundred dollars ($500.00).
This offense is hereby declared to be a strict liability offense and the culpable mental
state required by the Texas Penal Code is hereby specifically negated and clearly
dispensed with.
Each day that the violation occurs shall constitute a distinct and separate offense.
Sec. 5-204 thru 5-220. Reserved."
Section 2. Savings. All rights and remedies which have accrued in favor of the City
under this Ordinance and amendments thereto shall be and are preserved for the
benefit of the City.
Section 3. Severability. Should any section or part of this ordinance be held
unconstitutional, illegal, or invalid, or the application to any person or circumstance for any
reasons thereof ineffective or inapplicable, such unconstitutionality, illegality, invalidity, or
ORDINANCE NO. 1336
reasons thereof ineffective or inapplicable, such unconstitutionality, illegality, invalidity, or
ineffectiveness of such section or part shall in no way affect, impair or invalidate the
remaining portion or portions thereof; but as to such remaining portion or portions, the
same shall be and remain in full force and effect and to this end the provisions of this
ordinance are declared to be severable.
Section 4. Codification. It is the intent of the City Council of the City of Pearland,
Texas, that the provisions of this ordinance shall be codified in the City's official Code of
Ordinances as provided hereinabove.
Section 5. Publication and Effective Date. The City Secretary shall cause this
Ordinance, or its caption and penalty, to be published in the official newspaper of the
City of Pearland, upon passage of such Ordinance. The Ordinance shall then become
effective ten (10) days from and after its publication, or the publication of its caption and
penalty, in the official City newspaper.
PASSED and APPROVED on First Reading this the 14th ~ January, A. D.,
2008. ~~+ (~
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PASSED and APPROVED on Second and
January, A. D., 2008.
ATTEST:
VOTING RECORD SECOND AND FINAL READING
JANUARY 28. 2008
Voting "Aye" - Councilmembers Owens, Beckman, Saboe, Kyle
and Cole.
Voting "No" - None.
APPROVED AS TO FORM:
Motion passed 5 to O.
PUBLICATION DATE: January 30,2008
0~_ . Jr..~
DARRIN M. COKER
CITY ATTORNEY
EFFECTIVE DATE:
February 9, 2008
PUBLISHED AS REQUIRED BY SECTION 3.10 OF
THE CHARTER OF THE CITY OF PEARLAND, TEXAS
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