HomeMy WebLinkAboutPO 7020: AMENDING CHAPTER 22 OF THE CODE OF ORDINANCES TO PROVIDE FOR THE REGULATION OF THE OPERATION OF AMUSEMENT GAMING MACHINES P.O. No. 7020
12/1/21 dlm/vrt
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF PORT ARTHUR
AMENDING CHAPTER 22 OF THE CODE OF
ORDINANCES TO PROVIDE FOR THE REGULATION OF
THE OPERATION OF AMUSEMENT GAMING MACHINES
WITHIN THE CITY LIMITS; REPEALING ALL
ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT THEREWITH; PROVIDING PENALTY FOR
VIOLATION BY FINE NOT EXCEEDING TWO
THOUSAND DOLLARS ($2,000), AS OTHERWISE
IMPOSED BY STATE LAW; AND PROVIDING FOR
PUBLICATION AND AN EFFECTIVE DATE
IMMEDIATELY AFTER PUBLICATION
WHEREAS, the City of Port Arthur is a home rule municipality having the authority
to utilize its police power regulation of the health, safety, and general welfare of the
public; and
WHEREAS, the City has conducted a comprehensive review of Chapter 22 of the
Code of Ordinances, which provides for the regulation of gaming sites and gaming
machines in order to prevent illegal operation of amusement gaming machines — more
commonly known as "eight liners" — in the interest of protecting the health, safety, and
welfare of the citizens of Port Arthur; and
WHEREAS, the Texas Penal Code provides that a gaming machine is legal if it is
used "for bona fide amusement purposes" that "rewards the player exclusively with
noncash merchandise prizes, toys, novelties, or a representation of value redeemable for
those items, that have a wholesale value available from a single play of the game or
device of not more than 10 times the amount charged to play the game or device once
or $5, whichever is less"; and
WHEREAS, the laws of the State of Texas, including those found in Chapter 51
of the Texas Local Government Code and the Port Arthur City Charter, provide the City
authority to adopt ordinance for the good, peace, order and welfare of the municipality;
and
WHEREAS, the City Council finds that the updated revisions to Chapter 22 as
reflected in these amendments are reasonable, necessary, and proper to enhance the
quality of lives for the citizens of Port Arthur, Texas.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PORT ARTHUR, TEXAS:
FINDINGS OF FACT
Section 1. That the facts and opinions in the preamble are true and correct.
ENACTMENT
Section 2. That Chapter 22, of the Code of Ordinances is hereby amended so to
read in accordance with Exhibit "A", which is attached hereto and incorporated into this
Ordinance for all intents and purposes. Any underlined text shall be inserted into the Code
and any struck-through text shall be deleted from the Code, as stated on in Exhibit "A".
REPEALER
Section 3. All ordinances, resolutions, or parts thereof, that are in conflict or
inconsistent with any provision of this Ordinance are hereby repealed to the extent of such
conflict, and the provisions of this Ordinance shall be and remain controlling as the matters
regulated, herein.
SEVERABILITY
Section 4. Should any of the clauses, sentences, paragraphs, sections or parts of
this Ordinance be deemed invalid, unconstitutional, or unenforceable by a court of law or
administrative agency with jurisdiction over the matter, such action shall not be construed
to affect any other valid portion of this Ordinance.
CODIFICATION
Section 5. The City Secretary is hereby directed to record and publish the attached
rules, regulations and policies in the City's Code of Ordinances as authorized by Section
52.001 of the Texas Local Government Code.
PENALTY
Section 6. That any person, firm or corporation who violates any provision of
this Ordinance shall be guilty of a misdemeanor and shall be punished by a fine not
exceeding Two Thousand Dollars ($2,000) as provided in Section 1-13 of the Code of
Ordinances, and each day such violation shall be permitted to exist shall constitute a
separate offense.
EFFECTIVE DATE
Section 7. That this Ordinance or its caption and penalty shall be published at
least one (1) time within ten (10) days after formal passage hereof in the official
newspaper of the City of Port Arthur. This Ordinance shall take effect immediately after
the date of such publication.
PROPER NOTICE AND MEETING
Section 8. It is hereby officially found and determined that the meeting at which
this Ordinance was passed was open to the public, and that the public notice of the time,
place, and purposed of said meeting was given as required by the Open Meetings Act, Texas
Government Code, Chapter 551. Notice was also provided as required by Chapter 52 of the
Texas Local Government Code.
SECTION 9. That a copy of the caption of this Ordinance shall be spread upon
the Minutes of the City Council.
READ, ADOPTED AND APPROVED on this day of A.D.,
2021, at a Meeting of the City Council of the City of Port Arthur, Texas, by the following
vote: AYES:
Mayor ,
Councilmembers ,
NOES:
Thurman Bill Bartle, Mayor
ATTEST:
Sherri Bellard, City Secretary
APPROVED AS TO FORM:
b
Val izeno, City ttorney
APPROVED FOR ADMINISTRATION:
Ronald Burton, City Manager
EXHIBIT "A"
Will Be Presented
At Or Before The Next Council Meeting