Coin-operated machine.
Any kind of machine or device operated by or with a coin, metal slug, token or check, including a music or skill or pleasure coin-operated machine.
Commissioner.
The consumer credit commissioner.
Financial interest.
Includes a legal or equitable interest, including the ownership of shares or bonds of a corporation.
Game of chance.
(1) 
Any electronic, electromechanical, or mechanical contrivance that for a consideration affords the player an opportunity to obtain anything of value, the award of which is determined solely or partially by chance, even though accompanied by some skill, whether or not the prize is automatically paid by the contrivance. This definition includes devices which award both cash and noncash items. This definition shall not include any game, device, or product issued or approved by the Texas Lottery Commission.
(2) 
This definition also includes, but is not limited to: gambling device versions of bingo, keno, blackjack, eight-liners, slot machines, roulette, video poker, or similar electronic, electromechanical, or mechanical games, or facsimiles thereof, that operate by chance or partially so, that as a result of the play or operation of the game award credits, cash, certificates, or tickets, and that record the number of free games or credits so awarded and the cancellation or removal of the free games or credits.
Music coin-operated machine.
Any kind of coin-operated machine, including a phonograph, piano or graphophone, that:
(1) 
Dispenses music or is used to dispense music;
(2) 
Is operated by inserting a coin, metal slug, token or check; and
(3) 
Is not an amusement machine designed exclusively for a child.
Operator.
A person who exhibits or displays, or permits to be exhibited or displayed, a coin-operated machine in this state in a place of business that is not owned by the person.
Owner.
A person who owns a coin-operated machine in this state.
Person.
Includes a individual, association, trustee, receiver, partnership, corporation or organization, or a manager, agent, servant or employee of an individual, association, trustee, receiver, partnership, corporation or organization.
Service coin-operated machine.
Any kind of machine or device, including a pay toilet or telephone, that dispenses only a service. The term does not include a machine or device that dispenses merchandise, music, skill or pleasure.
Skill or pleasure coin-operated machine.
Any kind of coin-operated machine that dispenses or is used or is capable of being used to dispense or afford amusement, skill or pleasure or is operated for any purpose other than for dispensing only merchandise, music or service. The term:
(1) 
Includes a marble machine, marble table machine, marble shooting machine, miniature racetrack machine, miniature football machine, miniature golf machine, miniature bowling machine, billiard or pool game, or machine or device that dispenses merchandise or commodities or plays music in connection with or in addition to dispensing skill or pleasure; and
(2) 
Does not include an amusement machine designed exclusively for a child.
(2002 Code, sec. 4.201; Ordinance 2016-10-28 adopted 10/10/16)
(a) 
A person commits an offense if the person:
(1) 
Exhibits, displays, or offers for playing any game of chance;
(2) 
Exhibits or displays a coin-operated machine in this city for which outstanding tax is due or which does not have a city tax seal properly affixed;
(3) 
Falsifies, fails to maintain or refuses or fails to make available to the city manager and/or an authorized representative of the city manager, on request, records of coin-operated machines that the person is required to maintain;
(4) 
Uses an artful device or deceptive practice in this city to conceal a violation of this article;
(5) 
Misleads the city manager and/or an authorized representative of the city manager in connection with the enforcement of this article;
(6) 
Breaks a seal attached by the city manager and/or an authorized representative of the city manager without the city manager’s approval;
(7) 
Exhibits or displays a coin-operated machine that has a broken seal without the city manager’s and/or an authorized representative of the city manager’s approval;
(8) 
Removes a coin-operated machine from the location where the city manager and/or an authorized representative of the city manager affixed a seal to the machine; or
(9) 
Violates this article or a rule adopted under this article.
(b) 
An offense under this article is a class C misdemeanor which shall be punishable by a fine in accordance with the general penalty provision found in section 1.01.009 of this code.
(Ordinance 2016-10-28 adopted 10/10/16)
(a) 
Every owner or operator who owns, controls, possesses, exhibits, displays or permits to be exhibited or displayed in this city any coin-operated machine shall pay and there is hereby levied on each coin-operated machine an annual occupation tax in the amount established by the city council.
(b) 
Service coin-operated machines are expressly exempt from the tax levied herein.
(c) 
The tax levied by this section shall be paid to the tax assessor/collector of the city and a receipt issued therefor showing evidence of payment for each such machine, and [he] shall affix the appropriate seal evidencing such payment to each machine.
(d) 
A corporation or association owning, leasing or renting a music or skill or pleasure coin-operated machine is exempt from these provisions if:
(1) 
The corporation or association is organized and operated exclusively for religious, charitable, educational or benevolent purposes;
(2) 
The corporation’s or association’s net earnings do not inure to the benefit of a private shareholder or individual; and
(3) 
The corporation or association owns, leases or rents the coin-operated machine:
(A) 
For the corporation’s or association’s exclusive use; and
(B) 
To further a purpose of the corporation or association.
(e) 
A tax may not be assessed against a corporation or an association exempt under this section if assessment of the tax is prohibited by other law.
(2002 Code, sec. 4.202)
For zoning purposes, the exhibition of a music and skill or pleasure coin-operated machine is indistinguishable from the principal use to which the property where the machine is exhibited is devoted. The exhibition of a coin-operated amusement machine which is subject to the tax levied herein shall be prohibited within three hundred (300) feet of a church, school or hospital.
(2002 Code, sec. 4.203)
Any peace officer, code enforcement official or building official, may freely enter upon the licensed business premises during normal business hours when open for public access or by lawful warrant for the purpose of ensuring compliance with this article.
(Ordinance 2016-10-28 adopted 10/10/16)