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Home My WebLink AboutORD 42-KAN .ORDINANCE ENTITLED AN ORDINANCE LEVYING AN ANNUAL OCCUPATION TAX UPON ALL MACHINES AND OTHER DEVICES OF WHATSOEVER KIND AND DESCRIPTION OPERATED BY COINS, I4'iETAL SLUGS, OR TOKENS SIIUIILAR TO COINS FOR THE PURPOSE OF AMUSEMENT, ENTERTAINMENT, OR VENDING COMMODITIES, MERCHANDISE: OR CONFECTIONS, OR FOR SERVICES OF ANY KIND, EXEMPTING PAY TELEPHONES, GAS METERS AND SANITARY DRINKING CUP VENDING MACHINES FROM THE PROVISIONS OF THIS ORDINANCE; PROVIDE G A PENALTY FOR THE VIOLATION OF THE PRO- VISIONS OF THIS ORDINANCE; AND PROVIDING THAT ALL, ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH ARE HEREBY REPEALED, AND DECLARING AN EMERGENCY. BE IT ORDAIKED BY THE CITY C OMMI.IS SION OF THE CITY OF BEAUIaONT, TEXAS: Section 1. That there is hereby levied an annual occupation tax upon, and which shall be collected from, and paid by, every owner, manager, or exhibitor of every coin-operated phonograph, electrical piano, electrical batter, graphophone, weighing machine, target pistol, minia- ture golf machine, miniature football machine, miniature base ball ma- chine., miniature race track stereoscopic machine, gum machine, candy ma- chine, cigarette machine, handkerchief machine, sandwich machine or any other class or kind of machine whether enumerated or not, where a fee is charged, which is used for the purpose of amusement, entertainment, or for vending commodities, merchandise, confections, or service of any kind, and which is operated by, coins,or metal slugs or tokens similar to coins, where such fee is in excess of five (5) cents, an annual occupation tax of Five Dollars ($5.00) on each machine; where such fee is five (5) cents, an annual occupation tax of Two Dollars and Fifty Cents ($2.50) on each machine; and where such fee is one (1) cent, an annual occupation tax of Fifty Cents ($.50) for each machine; provided, that from every owner, manager, or exhibitor of every coin- operated marble machine, marble table machine, marble shooting table, or marble machine of any description, whether enumerated or not, where a fee is charged, whether used for the purpose of amusement, entertainment, or for vending commodities, merchandise, confections, or services of any kind, and which is operated by coin or metal slugs, or tokens similar to coins or metal slugs, where such fee is one (1) cent or more, an annual occupation tax of Five Dollars (005.00), for each machine; provided, that the provisions of this ordinance shall C � ; 2, not-apply',t.o,:.pay. telephones, gas" meters. _and/or sanitary, drinking cup, vending machitep-which are operated with coins. It shall,,.be .unlawful to 'operae, sYiow, 'or. exhibif , 'any of-. the, machine s' or .-instruments cover- t ed by this ordinance without having,arinexed:or attached thereto where same is` plainly visible, the tax receipt covering ,such machine 'or instrument -for the current year for which. same: is operated, shown'.or. exhibited. _ ,Section 2• Every person, .'f irm. or corporation violating any'. -of the',pro-, visions of this ordinance shall be, deemed; guilty of a misdemeanor, •and upon, conviction" -thereof tiri the- Corporation Court ,of the City .of ,Beau- mont,� shall be fined. in any sum not. less than Ten.. -Dollars ($10.00)' : nor more- than Fifty Dollars Sectioii '3. _ All' ordinances and parts of ordinances- in. conflict .herewith are hereby repealed. ; Section 4. . The -fact that the are a great, number..of machines of this 4 character' beirig,-."operated in this City upon which the, said. C.i ,y should. 'be receiving. a ,-revenue,. creates I an: emergency ,and: an .imperative .public necessity, necessitating the• suspension `of. -the rule requiring that,all ordinances'beread on three (3) several days before their., -passage "-..s"aid: rule is therefore. hereby suspended' and this ordinance shall be -in "full force and effect from and after,-,,ts passage. Passed. by, .ari affirmative vote.. of all members . of the C it Y, C omni s,si on, this the .8th." day . -of January, A. D. 1935. MAYOR.- 1_ l q AN: ORDINANCE:.. ; .ENTITLED AN ORE-INANCE' LEVYING. AN• ANNUAL OCCUPATION TAX_ UPON COIN-OPERATED VENDING _TJiACHINES; DEFINING "COIN-OPERATED --VENDING YIACHINES;11 DEFINING. THE_ --'TERM "OWNER" ; AS USED HEREIN . PROVIDING'FOR THE ',COLLECTION • OF SAID 'TAX BY THE -TAX COLLECTOR OF THE CITY OF BEAUMONT; PROVIDING FOR SEIZURE AND DESTRUCTION OF COIN-OPERATED VENDING MACHINES WITHIN THE C ITY .0 F : BEAUMONT UPON I1HICH THE TAX_ HAS NOT. BEEN PAID AND DECLARING .THE SAME TO BE A PUBLIC` NUISANCE;.- PROVIDING TI -MT - NO COIN-OPERATED VENDING PIIACHINE• IS LEGALIZED .BY_ "THIS ORDINANCE:, -,THE" OPERATION OF WHICH IS. NOW ILLEGAL UNDER -,THE •PENAL CODE OF THE STATE OF TEXAS- AND "THE - CONSTITUTION; PROVIDING THAT ALL :GAMES. `OF .SKILL NOT -PROHIBITED S IALL HEREAFTER BE AUTHORIZED; -PROVIDING FOR THE EXEIMPTION -OF" GAS ' METERS, PAY TELEPHONES,_ CIGARETTE ' VENDING MACHINES- PAY TOILETS, INSTALLED AND USED. FOR. SANITARY-URPOSES, _AND ALL MACHINES ENGAGED IN VENDING A SERVICE . FROM .THE OPERATION OF THIS ORDINANCE; PRO- VIDING -THAT IF ANY. OF THIS ORDINANCE BE HELD UNCONSTITUTIONAL, IT . SHALL NOT AFFECT -THE REMAINING PORTIONS OF THE ORDINANCE;PROVID" ING A- PENALTY -FOR THE VIOLATI-ON:- OF THE PROVISIONS .OF THIS- ORDINANCE; _. AND_ ,PROVIDING THAT ALL ORDINANCES - AND/OR -PARTS ,OF.ORDINANCES IN .-CONFLIC-T HEREWITH ARE HEREBY REPEALED,. AND DECLARING AN"EMERGENCY. BE IT :ORDAINED BY..THE- CITY COMMISSION .OF 'TAE CITY: OF _ BEAUMONTy TEXAS Section 1. . ' The term "coin-operated vending -machine," as ,used here- in - means -every: machine or device of whatsoever kind or :character, . wli_ich dispenses;.' .or vends, or "which 3 s used or operated for dispens ing or, .vending; merchandise, commnodities, confections, amuse7' nt, or pleasure, and=,which is .oper,ated by- or_._with:.coins,:. or ..metal.. slugs", - tokens or checks. -The following are expressly included within. said term:, phonograph, electrical piano, electrical battery, graphophone, target - pistol; miniature, golf machine, miniature football machine, iniature. baseball machine, miniature race track ,machine,, stereoscopic JrVchine, gum machine, candy machine, handkerchief machine; sandwish. ' achine, sanitary drinking cup 'machine, marble machine, marble table achine, marble. shooting -machine.,., or marble machine -of :any descrip- tion. Section 2. The term "owner"; .as .u.sed.here.in,.. means ,any -person, individu- al, firm, company, associationor corporation; having the care, con- -trol, management, or possession.,of any Ifebin-operated vending machine," or any .person, individual, firm; company, association or corporation --who exhibits or, permits to -be- exhibited, in his or its place .of business or ,upon' premise's under his or its -c ontrol-- in the City of Beaumont -any coin-operated vending machine. Section 3. There is Hereby levied on, and shall be -collected. -from, the owner of eve_ ry coin-operated vending machine • in 'the Ci=_t-r of 'Beau- mont, an annual occupation tax as' f ollows; Where the 'coin, fee or token used, or which - may :be used,. in the `operati.on thereof, is of'the value in excess of five, -(5) cents, or repre."sents. a value in -,'excess of five (5) cents, the spun of Ten;., Dollars' Where : the coin, fee or token used, or which -may be used in -the operation thereof, is one of the value in excess of one (1i cent and not .exceeding five (5) cents, or represents- a .value "in ex --- cess of one (,1)..•cent and nob exceeding five (5) cents; the suin of Five`- Dollars ($5:*- )-& e : J Section 4. _ .G.as.. meters; _ pay tel "cigarette 'vending machines, pay: toilets ins"talled.-and used' for- sanitary,.purp0ses; and ,alL .- machines -engaged in, vending' a:,s,ervice are: expressly .exempt': from the 'provisions -.of . this :ordinance:. . Sebtion•'5.t " 'The Tax C'ollector'.- of -the City of Beaumont is hereby authorized, 'ordered and, directed. to.collect -arid issue receipts foie- the payment of the tax levied hereby. Section 6. i . if an:y-person shall exhibit; .display or have in his possession within the- City-.of'.Beaumont"-.any coin -.operated vending machine"'as .'defined In.-..this-Ordinance,and= subject. 'to,.,the": payment' of a tax as'.herein "pr.ovided, without having �annexe_d-or attached thereto the receipt of the Tax Collector. of "the City of Beaumont:- ` showing the -.payment . of file tax due. there on -..f or the current; year, 'he shall .beguilty of. a_: misdemeanor; .and, .upon :conviction:; he shall- be punished by :a fine of not .-les.s -thazi .Twenty-five. Dollars (J25 )- . nor' more : than= One Hundred Dollars .($100)0-,'- .Each day .any sueh:'machirie-sh_a11 be operated in..viol ationy' of--any-provision of " this . Ordinance shall constitute a -.separate -offense,. ..Section -:'7: Every -coin-operated. wending machine' sub ject,- t o. -the pay- went :of tax hereby -levied. and- /Upon- which the said tax has not been±paid as provided -he ' rein.1, is', hereby declared"to. be a pubi.ic nuisance, and. may beseized., and .destroyed by the Chief of. Police' of the pity of Beaumont,-'hi's agents, or any.- law _enforcing agency of- this.,City as -1h ,-such -ca.ses' made and pr-ovided. by law -for the seizure. and..de'structioh of -common nuisances .' . Section'..8. Nothing, herein shall -.be. c'ons-trued,to license, ,permit, authorize, - or legalize any' .coin-operated vending machine the operation., display, or. maintenance of'. which is noir illegal under the Penal =C ode of - thi:s State,- or', under the 'Constitution. of the State of Texas_ ; - however, all-- games of skill, . t'axe'd herein,. -riot ::prohibited. by the.,"Penal Code of this State, or. the- Constitution of the --State of- Texas '.shall_be, authoriz:ed. Section 9. tIf any. section,:,, subdivisio.n;: paragraph,. 'sentence-, claus-e or word of. this. 0rdinan'ce;%be ,held 'unconstitutional .the remaining portions of same .§hall, :,nevertheless; be::valid;- and ',it- is, declared - that such remaining portions would have been'.enae-ted, - notwithstand- ing .sucYi uriconstitutioriah.: portion hereof. Section -'-l0_. --All ordinance s= and parts of " ordinances -in c-.onf lict . her. e'= -with .,'are hereby- repealed. .. Section' 11. The, fact- that the statute -upon .'which, the former _.ordinance of the City'_ -of' Beaumont-,regulat'ing the machine's above' -described has been. repealed: and. a_. new --statute. passed -and the 'further. fact that `a No Text