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HomeMy WebLinkAbout1691 TABLEDORDINANCE NO. 1691 AN ORDINANCE AMENDING SECTION 84 -7 "DEFINITIONS AND WORD USAGE" OF CHAPTER 84 "UNIFIED DEVELOPMENT CODE" OF THE CODE OF ORDINANCES OF THE CITY OF EULESS, TEXAS, AS AMENDED; PROVIDING DEFINITIONS OF AMUSEMENT MACHINES AND PROHIBITED AMUSEMENT MACHINES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVING CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the City of Euless Code of Ordinances contains regulations governing amusement machines and arcades throughout the city; and, WHEREAS, experience has shown that additional regulations are necessary to limit specific types of amusement/arcade games that awards and otherwise produces any payments or other returns of any sorts and which require mere chance with no degree of skill within the City; and, WHEREAS, the City Council of the City of Euless, Texas, after study, finds and determines that the following new and amended regulations for amusement machines and arcades within the City will promote the health, safety and general welfare of the citizens of the City of Euless. Texas. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS: SECTION I THAT Section 84 -7. "Definitions and word usage" of Chapter 84 "Unified Development Code" of the Code of Ordinances of the City of Euless, Texas, as amended, be hereby amended to add the following new definitions at the appropriate alphabetical place in said section: Amusement Machines "means any kind of machine that is used or is capable of being used to dispense or afford amusement and pleasure, which requires some degree of skill beyond mere chance." Prohibited Amusement Machines "means any kind of machine that is used or is capable of being used to dispense or afford amusement and pleasure, which requires no degree of skill but mere chance, that awards, dispenses, or otherwise produces any payments, prizes, tickets, coupons, certificates, or other returns of any sort, excluding any amusement machine designed exclusively for a child, shall not be issued an annual permit per Chapter 30 -21 ". SECTION 11 Seyerability Clause. That it is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. SECTION 111 Saving Clause. That Chapter 84 of the Code of Ordinances, City of Euless, Texas, as amended, shall remain in full force and effect, save and except as amended by this ordinance. SECTION IV Effective Date. This ordinance shall be in full force and effect from and after its passage and publication as provided by the Euless City Charter and the laws of the State of Texas. PRESENTED AND GIVEN FIRST AND FINAL READING and approved at a regular meeting of the Euless City Council on the 14`h day of June, 2005, by a vote of ayes, nays and abstentions. APPROVED: Mary Lib Saleh, Mayor ATTEST: Susan Crim, CMC, City Secretary APPROVED AS TO FORM: Bob McFarland, City Attorney Ordinance 1691, Page 2 of 2