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)