For the purposes of this article, the following terms shall
apply:
Any place of business that exhibits, displays, or operates
six (6) or more coin-operated amusement games other than the bowling
center and pool or billiard halls as herein described. License granted
only upon approval of, and in accordance with condition of, special
use permit issued under provisions of the zoning ordinance. Pool or
billiard tables are not permitted.
Includes any skill or pleasure machine or table game, and
pool or billiard table as herein defined.
Composed of the city manager, city attorney, chief of police
and building official, with responsibility and authority to approve
or deny, suspend or revoke any application or amendment to said application,
and any amusement games permit or premises license or renewal of same,
within the scope of this article.
Permit issued by the city secretary or his designated representative
in accordance with provisions of this article.
Any place of business in which three (3) or more regulation
bowling lanes are located and used for the purpose of bowling and
for which a fee is charged either directly or indirectly by means
of a general admission fee, membership fee, use fee or dues or the
like. Premises license granted only upon approval of and in accordance
with the conditions of special use permit issued under provisions
of the zoning ordinance.
Every machine or device of any kind or character which is
operated by or with coins, metal slugs, tokens or checks.
Any person, firm, company, association or corporation who
exhibits, displays or permits to be exhibited, displayed or operated
in a place of business owned by him or under his control any amusement
game.
Any person, firm, company, association or corporation who
owns an amusement game, or the person, firm, company, association,
individual or corporation who holds either legal or equitable title
to the premises upon which an amusement game is to be located, displayed,
exhibited or operated.
Any business or premises in which one or more pool or billiard
tables are located and used for the playing of pool, billiards, or
similar games, and for which a fee is charged either directly or indirectly
by means of a general admission fee, membership fee or dues or the
like. Premises license granted only upon approval of and in accordance
with conditions of special use permit issued under provisions of the
zoning ordinance.
Any table surrounded by a ledge or cushion with or without
pockets upon which balls are impelled by a stick or cue; provided,
however, that any coin-operated pool or billiard table shall be subject
to the provisions of this article pertaining to skill or pleasure
machines.
A designated piece of real property within the corporate
limits of the city, together with all buildings and structures thereon,
upon which an amusement game is located or proposes to be located.
License issued by the city secretary or his designated representative
in accordance with provisions of this article, to be displayed in
a conspicuous place within the licensed place of business.
Legally licensed by the state to serve alcoholic beverages
on premises to members.
Includes any machine or device of any kind or character which
is operated either by or with coins, metal slugs, tokens, or checks,
or by payment of a fee, when such machine or machines dispense 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 music, merchandise, or service exclusively. The following
are expressly included in said term: marble machines, marble table
machines, marble shooting machines, miniature racetrack machines,
miniature football machines, miniature golf machines, miniature bowling
machines, coin-operated billiard and pool machines, electric games
machines, video games, pinball machines, and all other machines which
dispense or afford skill or pleasure.
Permit issued by the city secretary upon approval by the
city council under provisions of the zoning ordinance for special
uses in any district for which they are otherwise prohibited.
Any game or device of any kind or character which is operated
either by or with coins, metal slugs, tokens or checks, or by payment
of a fee, in which the player or players compete either against a
machine or each other. The following games are expressly included
in said term: foosball, air hockey, and similar games regardless of
name. Pool or billiard tables are not included in this term.
(1991 Code, sec. 4.201)
The provisions of this article shall apply equally to pool halls,
amusement centers, bowling centers or other places of business or
premises on which skill or pleasure machines or table games or pool
or billiard tables are in existence at the time this article takes
effect (July 19, 1988), as well as those which begin operation after
the effective date hereof, except as otherwise noted.
(1991 Code, sec. 4.202)
The provisions of this article shall not apply to amusement
games kept in private residences and used without charge by members
of the family or bona fide guests; nor to religious, charitable or
educational organizations authorized under the laws of the state,
for the use of members or their guests, and not for private profit.
(1991 Code, sec. 4.203)
(a)
Required
. No skill or pleasure machine or table game,
nor pool or billiard table may be exhibited, located, or operated
within the corporate limits of the city without there having first
been obtained by the operator an amusement games permit issued by
the city secretary as herein provided. Approval of a premises license
application, payment of an occupation tax, if applicable, and evidence
of permit or permit application to be issued by the state shall be
a condition precedent to obtaining such permit.
(1991 Code, sec. 4.204)
No person shall operate, cause or allow to be operated or use
any building or premises within this city for the purpose of operating
an amusement center, pool or billiard hall, bowling center, or other
establishment on which premises amusement games are exhibited, displayed
or operated, without having first obtained an appropriate license
from the city secretary as herein provided, which premises license
shall at all times be displayed conspicuously within the licensed
place of business. Approval of an amusement games permit and premises
license application, payment of an occupation tax, if applicable,
and approval of any required special use permit shall be conditions
precedent to obtaining such premises license.
(1991 Code, sec. 4.205)
No premises license shall be issued for the operation of any
amusement center, bowling center, nor pool or billiard hall, without
there having first been issued by the city secretary a special use
permit approved by the city council under provisions of the zoning
ordinance. Said premises license shall be subject to limitations,
conditions, hours of operation, duration, and any other requirements
of the special use permit so issued.
(1991 Code, sec. 4.206)
(a)
Filing
. Application for an amusement games permit and
premises license shall be filed by the owner or operator of the premises
on which the amusement games are located with the city secretary,
on forms to be furnished by the city. Upon receipt of an application
hereunder, the city secretary shall refer the same to an amusement
game review committee composed of the city manager, city attorney,
chief of police and building official.
(b)
Investigation and approval of application
. The amusement
game review committee shall investigate each application for amusement
games permit and premises license filed with the city secretary. No
such application shall be approved unless it is found that:
(1)
The owner, operator and all other persons having an interest in the
premises and machines or tables, and employees on the premises for
which application is made, are of good moral character, have never
been convicted of a felony or a misdemeanor involving moral turpitude,
and said owner, operator and all other persons having an interest
in the premises and machines or tables are not in arrears in the payment
of any tax or other debt owed to the city. For the purposes of this
subsection, a debt owed by a wife shall be considered a debt of her
husband, and the debt of a husband shall be considered the debt of
his wife.
(2)
The building, room, hall or premises in which the operation for which
a license is sought is proposed to be conducted complies with and
conforms to all ordinances and regulations of the city, and the same
is properly ventilated and is supplied and equipped with suitable
and sufficient facilities to accommodate patrons frequenting the premises,
and that the same is so located with reference to other buildings
and private residences as not to constitute a nuisance to other citizens
and residents of the community.
(c)
Information required
. The application for amusement
games permit and premises license shall require the applicant to furnish
the following information:
(1)
The name, address, telephone number and nature of the business entity
wherein an amusement game is proposed to be located, displayed or
exhibited.
(2)
The names, addresses, and phone numbers of all owners, operators
and managers of the business entity wherein an amusement game is proposed
to be located, displayed or exhibited.
(3)
The number of amusement games proposed to be placed in such location
and to be permitted.
(4)
The names, addresses, phone numbers, and dates of birth of all owners,
operators or other persons having an interest in each machine listed
on the application.
(5)
Whether each machine has affixed to it a valid permit issued by the
state, or evidence that a permit application has been received by
the state.
(6)
Additional information shall be required for amusement center, bowling
center, and pool hall location applications, including the dates of
birth of all owners, operators and managers; and the names, addresses,
phone numbers, and dates of birth of all other persons having an interest
in the premises and all prospective employees of the business entity
wherein an amusement center, bowling center, or pool hall operation
is proposed; and any other information deemed necessary by the amusement
game review committee for a thorough investigation of the applicant.
(d)
Falsified application prohibited
. It shall be unlawful
for any person to make or knowingly permit the making of any false
or misleading statement in any application made pursuant to this section.
In addition to any other punishment or sanction, the violation of
this subsection shall be grounds for the immediate revocation of any
amusement games permit and premises license granted pursuant to such
application. Such permit and license may also be suspended for a time
definite, and such suspension and revocation procedure shall be in
accordance with the provisions of this article.
(e)
Approval
. If the amusement game review committee approves
the application for amusement games permit and premises license, the
city secretary shall collect an occupation tax, if applicable, and
premises license fee, and shall issue an amusement games permit, and
a premises license which shall remain in force until the first day
of January next following.
(f)
Right of appeal from denial
. Any applicant for an amusement
games permit and premises license whose application is denied by the
amusement game review committee may appeal such denial to the city
council in accordance with the provisions of this article.
(g)
Renewal
. On or before January 1 of each year, the holder
of a premises license issued hereunder shall make application for
renewal of amusement games permit and premises license on a form provided
by the city in the same manner as an original application, but it
shall be the duty of the amusement game review committee to approve
renewal unless the investigation reveals a violation of any of the
terms or conditions of the original license or of this article, or
if a required special use permit has been revoked. Upon approval,
the city secretary shall collect an annual occupation tax, if applicable,
and premises license fee. The city secretary shall renew the approved
amusement games permit and issue a renewal premises license.
(h)
Amended application.
(1)
Premises license.
Should ownership or control of a licensed premises other than an amusement center, bowling center, or pool hall change during the period of the license or renewal license, said premises license or renewal premises license is subject to review by the amusement game review committee for amendment. An amended application shall be filed with the city secretary who shall collect a fee provided for in the fee schedule in chapter 1, article 1.50 of this code for administrative costs of investigation and licensing.
(2)
Amusement center, bowling center, or pool hall.
No ownership,
control or interest in an amusement center, bowling center, or pool
hall may be transferred nor license for premises be amended. Any such
proposed change shall require the filing of a new application for
amusement games permit and premises license, which shall be processed
as herein provided. It shall be the responsibility of the holder of
a premises license for an amusement center or pool hall to notify
the city secretary of any change. The amusement game review committee
shall revoke the premises license on the proposed date of change.
No business may be conducted on the premises until a new premises
license is issued, subject to the conditions of a special use permit
issued under the provisions of the zoning ordinance.
(i)
Additional amusement games permits.
The total number
of amusement games proposed to be located, displayed or exhibited
may not exceed the maximum approved by the amusement game review committee,
and by a special use permit if required. It shall be the responsibility
of the holder of a premises license or his representative to pay the
required occupation tax, if applicable, for each amusement game approved
by the amusement game review committee prior to issuance of an amusement
games permit by the city secretary.
(j)
Violations not authorized.
Nothing herein shall be construed
or have the effect to permit, authorize or legalize any machines,
device, table or coin-operated machine, the keeping, exhibition, operation,
display or maintenance of which is now illegal or in violation of
any section of the state Penal Code or the constitution of the state.
(1991 Code, sec. 4.207)
(a)
Levied.
Each first day of January there is hereby levied within the corporate limits of the city an annual occupation tax as follows: skill or pleasure machines, table games, and coin-operated pool or billiard games, as provided for in the fee schedule in chapter 1 of this code.
(b)
Payment.
The first money taken from each skill or pleasure
machine or table game, or derived from fees charged for each coin-operated
pool or billiard table, shall be appropriated for the payment of occupation
taxes levied by the state, the city, and any other political subdivisions
of the state authorized to levy and collect such tax. Said tax shall
be paid to the city by the owner or operator of the business to be
licensed, or his agent, on or before the 31st day of January of each
year in which the tax hereby levied remains in full force and effect.
Said occupation tax shall be nonrefundable and shall be due on any
amusement game located, displayed or exhibited within the city for
any portion of the year for which the occupation tax is levied and
shall be prorated quarterly. The city secretary shall issue an occupation
tax receipt which shall specify the number of amusement games for
which issued, the address of the building or premises in or on which
such are located and shall bear the serial number or numbers, if any,
of the particular games.
(1991 Code, sec. 4.208)
(b)
Renewal.
Each first day of January, the holder of a
premises license shall make application for renewal thereof on forms
provided by the city in the same manner as an original application.
(c)
Fee nonrefundable.
The fee for a premises license is
charged to defray the administrative costs of investigation and licensing
and shall be nonrefundable to the applicant in the event the license
is denied, suspended or revoked.
(d)
Conditions.
Acceptance of a premises license acknowledges
that the premises is subject to review for conformity with all ordinances
and regulations of the city.
(1991 Code, sec. 4.209)
Every business or place licensed hereunder shall at all times
conform to the following regulations:
(1)
The
premises shall be kept and maintained in a clean, healthful and sanitary
condition in accordance with all applicable statutes and ordinances
and all rooms or halls connected thereto shall be well-lighted and
kept open and free from blinds, screens, partitions and obstructions
to the view of any part of the building or premises licensed hereby.
(2)
No
loud, boisterous, indecent or suggestive conduct shall be allowed
on the premises.
(3)
No
alcoholic beverages shall be served or consumed on the premises nor
within areas under the management control of the owner, occupant,
operator or custodian of any premises licensed hereunder, unless said
premises is a private club as defined herein.
(4)
No
gambling of any kind shall be allowed on the premises.
(5)
No
loitering shall be allowed on the premises either within or without
a building.
(6)
No
person in an intoxicated condition shall be permitted to enter or
remain on the premises, except that in the case of a private club
as defined herein, the laws of the state shall apply.
(7)
No
obscene material shall be permitted to be sold, viewed, or be available
for viewing or sale on the premises. No material of a sexually explicit
nature or which is defined as “harmful material” in section
43.24 of the Texas Penal Code may be displayed on the premises in
such a way that any person under seventeen (17) years might view the
material.
(8)
No
person owning, operating or managing an amusement center as herein
defined shall open or allow such establishment to be open for business
purposes at any time other than the following, nor shall he allow
any person of fifteen (15) years or under to enter or remain on the
premises during official school hours unless such person is accompanied
by his parent or guardian:
(A)
Amusement centers located within 300 feet of school property: hours
approved by special use permit.
(9)
No
person owning, operating or managing a bowling center as herein defined
shall open or allow such establishment to be open for business purposes
at any time other than the following, nor shall he allow any person
of fifteen (15) years or under to enter or remain on the premises
during official school hours unless such person is accompanied by
his parent or guardian:
(A)
Bowling centers located within 300 feet of school property: hours
approved by special use permit.
(10)
No person owning, operating or managing a pool or billiard hall as
herein defined shall open or allow such establishment to be open for
business purposes at any time other than the following, nor shall
he allow any person of fifteen (15) years or under to enter or remain
on the premises during official school hours unless such person is
accompanied by his parent or guardian:
(11)
No person owning, operating or managing any place of business licensed
under the provisions of this article shall allow any person of fifteen
(15) years or under to play any amusement game during official school
hours, unless such person is accompanied by his parent or guardian.
(12)
(A)
It shall be the duty of the owner, exhibitor, or lessee of every
amusement game to affix and prominently display a sign on each machine
or table, which sign shall read “Play by minor 15 years of age
or under not allowed during official school hours unless accompanied
by parent or guardian.”
(B)
It shall further be the duty of the owner, exhibitor or lessee of
a pool or billiard hall, bowling center, and amusement center as herein
defined to affix and prominently display at each entrance to the premises
a sign which shall read “No person 15 years of age or under
allowed on premises during official school hours unless accompanied
by parent or guardian.”
(C)
Signs required by this subsection shall be considered sufficient
only if they are issued by the city. The fee for such signs shall
be based on actual cost to the city, and duplicate signs may be issued
for those damaged or stolen.
(13)
Places of business governed by this article shall be located on the
ground floor or street level of any building or premises and shall
not be licensed for any other floor than the ground or street level
floor.
(1991 Code, sec. 4.210)
(a)
Any
member of the police department having determined that such act or
condition prescribed in the provisions of this article is being committed
or exists on the premises of a place of business licensed hereunder,
and the person or persons creating such condition or committing such
act are owners or employees of such premises or place of business,
shall promptly report such violations to the amusement game review
committee.
(b)
The
amusement game review committee, after notice and opportunity for
hearing, shall have the authority to suspend or permanently revoke
any permit or license granted hereunder.
(c)
Any
person, including permittees, aggrieved by the amusement game review
committee’s decision, may appeal therefrom to the city council
by furnishing written notice of appeal to the city secretary within
ten (10) days after such decision is rendered.
(d)
The
city council shall within fifteen (15) days after receipt of such
notice set a date for hearing for such appeal, and such date shall
be within forty-five (45) days from the receipt of the notice of appeal.
(e)
After
notice and opportunity for hearing, the city council may revoke, suspend
for a time definite, or reinstate the amusement games permit and premises
license.
(f)
Any
person aggrieved by the decision of the city council may within ten
(10) days appeal the same to the district court of the county.
(g)
Notice,
as used herein, shall mean correspondence by U.S. mail, certified,
return receipt requested, to the address of the licensed premises.
(h)
Knowledge
of the prescribed conditions and activities by the agent, officer,
representative, employee, or servant of the licensee and permittee
shall be imputed to the licensee and permittee in any administrative
hearing hereunder.
(i)
Any licensee or permittee, his officer, agent, employee, or servant who permits on a licensed premises any act or condition proscribed by this article shall be guilty of a misdemeanor and punishment shall be in accordance with section 4.03.013. This provision shall not be construed as a limitation to prosecute for any other offense or any license or permit revocation.
(j)
Any
violation of this article by any owner, operator, permittee or licensee
shall constitute grounds for revocation of any amusement games permit
and/or premises license issued under the provisions of this article.
(1991 Code, sec. 4.211)
Any amusement game located, exhibited or operated without a permit or on which the annual occupation tax has not been paid shall be subject to being sealed by the city in such a manner as to prevent its operation. Any game so sealed by the city or by the state for nonpayment of tax shall not have the seal removed except upon payment to the city of a fee of five dollars ($5.00) for the release of the game in addition to any other fee or tax required by law to be paid to the city or to the state. Any person who breaks or removes a seal placed by the city on an amusement game or who removes from its location any amusement game which has been sealed shall be guilty of a misdemeanor and be subject to a fine as provided for in section 1.01.009 of this code.
(1991 Code, sec. 4.212)
A violation of the terms of this article shall constitute a misdemeanor and subject the person violating same to a fine as provided for in section 1.01.009 of this code. Each day any violation shall continue shall constitute a separate offense.
(1991 Code, sec. 4.213)
A violation of any condition hereby imposed shall render any
amusement game covered by this article a public nuisance and subject
to abatement by the city in the manner allowed for abatement of public
nuisances otherwise allowed by law.
(1991 Code, sec. 4.214)
