HomeMy WebLinkAboutOrdinance No. 2002-21 ORDINANCE NO. 2002-21
AN ORDINANCE OF THE CITY OF FRIENDSWOOD, TEXAS
ESTABLISHING A TEMPORARY MORATORIUM AGAINST THE
LOCATION AND OPERATION OF AMUSEMENT DEVICES,
OTHERWISE KNOWN AS EIGHT-LINER MACHINES, IN THE CITY
OF FRIENDSWOOD; PROVIDING A PENALTY IN AN AMOUNT NOT
TO EXCEED $1,000.00 PER DAY; AND PROVIDING FOR
SEVERABILITY.
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WHEREAS, amusement devices, defined herein, otherwise known as "eight-liner"
machines are becoming a popular method of entertainment and amusement; and
WHEREAS, use and operation of such machines do not constitute "gambling" within
the meaning of the Texas Penal Code if, among other things, players are rewarded with
noncash merchandise, prizes, toys or novelties with a value redeemable for those items that
have a wholesale value from a single play of not more than ten (10) times the amount charged
to play the game or device one (1) time or fiv�dollars ($5.00), whichever is less; and
WHEREAS, there is potential for abuse in that persons operating establishments with
amusement devices can exceed the limitations set forth in the Texas Penal Code and become
gambling establishments; and
WHEREAS, the proliferation of these amusement devices in the City will necessitate
increased police regulation and review to ensure that such machines are operated within lawful
parameters; and
WHEREAS, the City desires to study the secondary effects of these amusement
devices; and
WHEREAS, a period of one hundred eighty (180) days is necessary for the city to
evaluate an appropriate ordinance to regulate these amusement devices; Now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,
STATE OF TEXAS:
Section 1. The facts and matters set forth in the preamble of this Ordinance are
found to be true and correct.
Section 2. The term "amusement device," otherwise known as an eight-liner
machine, shall mean any electronic, electromechanical, or mechanical contrivance designed,
made and adapted solely for bona fide amusement purposes if the contrivance rewards the
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player exclusively with noncash merchandise prizes, toys, or novelties, or a representation of
value redeemable for those items, that have wholesale value available from a single play of the
game or device of not more than ten (10) times the amount charged to play the game or device
once, or five-dollars ($5.00), whichever is less.
5ection 3. The location and operation of businesses established for the purpose of
operating amusement devices, in certain circumstances, may be detrimental to the health,
safety, morals, and welfare of the general public.
Section 4. A temporary moratorium of one hundred eighty (180) days on the
location and operation of businesses established for the purpose of operating gambling devices,
otherwise known as eight-liner machines, is hereby approved to allow sufficient time to study
the issue and determine the need for amendment to the Code of Ordinances for the City of
Friendswood to deal with the issue.
Section 5. Any person who shall violate any provision of this Ordinance shall be
deemed guilty of a misdemeanor and shall, upon conviction thereof, be fined in an amount not
to exceed two thousand and no/100 dollars ($2,000.00). Each day in which any violation shall
occur, or each occurrence of any violation, shall constitute a separate offense.
Section 6. All ordinances or parts of ordinances inconsistent or in conflict herewith
are, to the extent of such inconsistency or conflict, hereby repealed.
5ection 7. In the event any clause phrase, provision, sentence, or part of this
Ordinance or the application of the same to any person or circumstances shall for any reason be
adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect,
impair, or invalidate this Ordinance as a whole or any part or provision hereof other than the
part declared to be invalid or unconstitutional; and the Ciry Council of the City of Friendswood,
declares that it would have passed each and every part of the same notwithstanding the omission
of any such part thus declared to be invalid or unconstitutional, whether there be one or more
parts.
PASSED AND APPROVED on first reading this 4th day of November 2002.
PASSED, APPROVED, and ADOPTED on second and final reading this 18th day
of November 2002.
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arold L. Whitaker, Mayor
ATTEST:
, S
,
De oris McKenzie, TRMC
City Secretary
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