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Editor’s note–See corresponding note located in Appendix A of this code.
The following words, terms and phrases as used in this article are defined as follows:
Applicant.
Any person, firm, company, association, franchise, or corporation that applies for an operator’s game room permit under this article. The term “applicant” shall include each member of a partnership when the applicant is a partnership. If a member of the applicant partnership is not a person, the applicant shall include those persons holding a ten-percent or greater interest in the entity that constitutes that member of the partnership applicant. The term “applicant” shall include each officer, director, and holder of a ten-percent or greater interest of a corporation, firm or association when the applicant is a corporation, firm, association, or franchise. If the holder of a ten-percent or greater interest in a corporation, firm or association applicant is not a person, the applicant shall include those persons holding a ten-percent or greater interest in the entity which holds a ten-percent or greater interest in the corporation, firm or association which is the applicant. The term “applicant” shall include the franchisee, or holder of a franchise license, when the applicant is a franchised business. If a member of the applicant franchise is not a person, the applicant shall include those persons holding a ten-percent or greater interest in the entity that constitutes that member of the franchise applicant. When a permit is issued under this article, the Applicant becomes the permit holder.
Chief of police.
The chief of police of the City of Lubbock or his designated agent.
Coin-operated machine.
Every machine or device of any kind or character, which is operated by or with credits or points which have been purchased with anything of value, including coins, slugs, tokens, paper money, checks, credit or debit cards, or stored value cards, whether those points or credits are purchased directly at the machine or at a central station or terminal, or are transferred to the machine by means of an electronic or electromagnetic card. When a machine or device allows more than one person to simultaneously operate the machine or device by or with credits or points which have been purchased with anything of value, including coins, slugs, tokens, paper money, checks, credit or debit cards, or stored value cards, whether those points or credits are purchased directly at the machine or at a central station or terminal, or are transferred to the machine by means of an electronic or electromagnetic card, each station or location on the machine or device where a person can operate the machine or device shall be considered an individual “coin-operated machine.” “Music coin-operated machines” and “skill or pleasure coin-operated machines” as those terms are hereinafter defined shall be included in such term.
Music coin-operated machine.
Every machine or device of any kind or character that dispenses or vends or that is used for dispensing or vending music and is operated by or with coins, metal slugs, paper money, tokens, checks, or credit or debit cards.
Operator.
Any person, firm, company, association, or corporation which exhibits, displays or permits to be exhibited or displayed, in a place of business, any coin-operated machine in the city.
Person.
Includes any natural person, association of natural persons, trustee, receiver, partnership, corporation, organization, or the manager, agent, servant, or employee of any of them.
Service coin-operated machine.
Every pay toilet, pay telephone, and all other machines which dispense service only and not merchandise, music, skill, or pleasure.
Skill or pleasure coin-operated machine.
Every coin-operated machine of any kind or character whatsoever, when such machine or machines dispenses or are used or are capable of being used or operated for amusement or pleasure or when such machines are operated for the purpose of dispensing or affording skill or pleasure or for any other purpose other than the dispensing or vending of merchandise or music or service exclusively, as those terms are defined in this section.
(1983 Code, sec. 3-105; Ordinance 8372, sec. 2, adopted 11/18/1982; Ordinance 10038, sec. 1, adopted 12/18/1997; Ordinance 2019-O0037 adopted 3/26/2019; Ordinance 2020-O0133 adopted 10/13/2020)
Nothing contained in this article shall be construed or have the effect to license, permit, authorize or legalize any machine, device, table or coin-operated machine, the keeping, exhibition, operation, displaying or maintenance of which is illegal or in violation of any article of the Penal Code of this state or the constitution of this state.
(1983 Code, sec. 3-110; Ordinance 8372, sec. 2, adopted 11/18/1982; Ordinance 2019-O0037 adopted 3/26/2019)