The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
means:
A recreational machine that provides the user with an opportunity
to receive something of value other than a right of replay and which
complies with all applicable federal, state and local laws and regulations
applicable to such machines.
A skill or pleasure coin-operated machine that is designed,
made and adapted solely for bona fide amusement purposes, and that
by operation of chance or a combination of skill and chance affords
the user an opportunity to receive exclusively non-cash merchandise,
prizes, toys, novelties, or a representation of value redeemable for
those items.
Any electronic, electromechanical or mechanical contrivance
designed, made and adapted solely for bona fide amusement purposes
if the contrivance rewards the player exclusively with non-cash merchandise,
prizes, or novelties, or a representation of value redeemable for
those items, that have a wholesale value available from a single play
of the game or device of not more than ten times the amount charged
to play the game or device once or $5.00, whichever amount is less.
means any establishment, building, facility or other place
where two or more amusement redemption machines, with the exception
of excluded machines, are displayed or exhibited for public use.
means a police officer, code enforcement officer or building
official of the city.
means:
A machine that awards the user non-cash merchandise, prizes,
toys or novelties solely and directly from the machine, including
claw, crane, or similar machines;
A machine from which the opportunity to receive non-cash merchandise,
prizes, toys, or novelties, or a representation of value redeemable
for those items, varies depending upon the user’s ability to
throw, roll, flip, toss, hit, or drop a ball or other physical object
into the machine or a part thereof, including basketball, skeet ball,
golf, bowling, pusher, or similar machines; or
A machine or any device defined in V.T.C.A., Penal Code section
47.01 as a gambling device, or any activity prohibited or described
in V.T.C.A., Penal Code chapter 47.
means a person who has an ownership interest of at least
25 percent in a game room.
means any person, individual, firm, company, association,
or corporation operating an amusement redemption machine game room
in the city.
means an amusement redemption machine that is ready to be
played and which is accessible to the public.
means any person, individual, firm, company, association,
or corporation maintaining, displaying for public patronage, or otherwise
keeping for operation by the public any gaming machine in the city.
means an area in which the principal land use is for one
or more private residences including single-family homes, duplexes
and apartment complexes; or a subdivision for which a plat is recorded
in the real property records of the county and that contains or is
bounded by public streets or parts of public streets that are abutted
by residential property occupying at least 75 percent of the front
footage along the block face; or a subdivision for which a plat is
recorded in the real property records of the county and a majority
of the lots of which are subject to deed restrictions limiting the
lots to residential use.
(Ordinance 14-747, sec. 2, adopted 10/23/14; 2007 Code, sec. 8-200)
No person shall operate an amusement redemption machine game
room in the city without first obtaining a license from the city,
as required by this article. No license shall be issued until the
occupation tax has been paid for each amusement redemption machine
within the premises, and the applicable game room license fee has
been paid.
(Ordinance 14-747, sec. 2, adopted 10/23/14; 2007 Code, sec. 8-201)
An owner, operator, or lessee of an amusement redemption machine
game room shall be required to secure a license annually. An amusement
redemption machine game room shall be required to secure a license
by paying to the city an annual inspection and amusement redemption
machine game room license fee as currently established or as hereafter
adopted by resolution of the city council from time to time. Upon
payment of the fee and compliance with all licensing requirements,
the license shall be issued by the city.
(Ordinance 14-747, sec. 2, adopted 10/23/14; 2007 Code, sec. 8-202)
(a)
A
license issued for an amusement redemption machine game room under
this article:
(1)
Is an annual license which expires December 31 of each year unless
it is suspended or cancelled earlier;
(2)
Is effective for a single place of business only;
(3)
Vests no property right in the licensee except to maintain, display
for public patronage, and permit the use or skill or pleasure of amusement
redemption machines in accordance with the terms and conditions of
this article;
(4)
Shall automatically expire if the licensee thereof sells the property
or the business, transfers equity to accomplish same, or otherwise
disposes of amusement redemption machines; and
(5)
Is not assignable or transferable.
(b)
In
addition, the city shall not refund any portion of a license fee after
the license is issued, nor shall it prorate or reduce in amount any
fee due to the city. Notwithstanding the foregoing, the initial license
issued to an existing amusement redemption machine game room following
the adoption of the ordinance from which this article is derived and
the game room’s compliance with the requirements of this article
shall not expire until December 31, 2015. Thereafter, any such license
shall expire as provided hereinabove.
(Ordinance 14-747, sec. 2, adopted 10/23/14; 2007 Code, sec. 8-203)
(a)
Building and fire code standards.
All building and fire
code standards must be met. Inspection by building officials and the
issuance of a certificate of occupancy shall be obtained before a
license for an amusement redemption machine game room is issued.
(b)
Number allowed.
Only one amusement redemption machine
game room shall be permitted on any lot or in any single building,
structure or strip center except for amusement redemption machine
game rooms in existence as of the date the ordinance from which this
section is derived goes into effect and which do not meet this criteria,
in which case full compliance with this subsection shall be required
upon the expiration of three years or upon abandonment of use at such
location, whichever occurs first.
(c)
Distance from church, school or hospital.
No amusement
redemption machine game room shall be situated within 300 feet of
any church, school or hospital except for amusement redemption machine
game rooms in existence as of the date the ordinance from which this
section is derived goes into effect and which do not meet this criteria,
in which case full compliance with this subsection shall be required
upon the expiration of three years or upon abandonment of use at such
location, whichever occurs first.
(d)
Measurement of distance.
The distance shall be measured
in a straight line without regard to intervening objects or structures
and from the nearest lot line of the amusement redemption machine
game room seeking a license to the nearest lot line of the church,
school, day-care, hospital, public park or residential area.
(e)
Outdoor activities prohibited.
No amusement redemption
machines or related business activities shall be allowed to be situated
and/or performed outdoors.
(g)
Parking.
One parking space shall be provided for each
two amusement redemption machines within the amusement redemption
machine game room, plus one additional parking space for each employee
per shift.
(h)
Supervision.
The owner, operator, or manager of the
licensed premises must be present to supervise the operation of the
amusement redemption machine game room. The amusement redemption machine
game room shall not be left unattended.
(i)
View of interior.
Amusement redemption machines must
be situated within the licensed premises as to be in full and open
public view, which entails being visible to all patrons of the establishment.
(j)
Minors prohibited.
No person under the age of 18 years
shall be permitted inside the building, structure, facility or space
housing the amusement redemption machine game room.
(k)
Sign prohibiting minors.
A sign stating that no one
under the age of 18 is allowed inside the amusement redemption machine
game room shall be posted in plain sight immediately inside the entrance
stating that: “No person under the age of 18 years shall be
permitted inside the building, structure, facility or space housing
the amusement redemption machine game room.”
(l)
Age of operator.
An amusement redemption machine game
room operator must be a person who is at least 18 years of age.
(m)
Number of machines; backup or replacement machines.
The total number of operational amusement redemption machines allowed
in one amusement redemption machine game room establishment shall
be limited to the maximum number of 50 amusement redemption machine
games. Any backup, non-operational or replacement amusement redemption
machines shall be secured in a locked storage area or closet to which
the public is not allowed to enter and such machines shall not be
connected to electricity or be otherwise operational. The occupation
tax on such backup or replacement amusement redemption machine games
shall be paid annually regardless of whether such machines are used
by the game room’s patrons.
(n)
Illegal machines.
Nothing contained herein shall be
construed or have the effect to license, permit, authorize or legalize
any machine, device, table, or gaming machine, the keeping, exhibition,
operation, display or maintenance of which is illegal or in violation
of any ordinance of the city, any regulation of the county, any section
of the Penal Code of this state, or the constitution of this state.
(Ordinance 14-747, sec. 2, adopted 10/23/14; Ordinance 16-774, sec. 2, adopted 1/28/16; 2007
Code, sec. 8-204)
(a)
An
applicant for a license under the provisions of this article shall
file with the city manager or designee a written application on a
form provided for that purpose by the city which shall be signed by
the applicant, who shall be the owner of the amusement redemption
machine game room sought to be licensed. A separate application must
be filed for each location sought to be licensed. The following information
is required in the application:
(1)
Name, address, telephone number, and driver’s license number
of the applicant if the applicant is a natural person;
(2)
Name, address, telephone number and driver’s license number
of all persons who own 25 percent or more interest in the amusement
redemption machine game room;
(3)
Name, address, telephone number and driver’s license number
of all corporate officers, if any, of such business;
(4)
Name, address, and telephone number of the business;
(5)
If incorporated, the name of the business registered with the Texas
secretary of state;
(6)
If a partnership, the name, address, telephone number and driver’s
license of each of the general and limited partners;
(7)
The trade name by which the applicant does business and a true and
correct copy of the registration of the applicant’s assumed
name filed in the office of the county clerk, bearing the file mark
or stamp that evidences its filing in that office;
(8)
A copy of a valid game room permit issued by the county where applicable;
(9)
The street address of the premises;
(10)
If applicant is not the owner of the premises, the applicant shall
furnish the name, address, and telephone number of the property owner;
(11)
Name, address, and telephone number of the operator of the premises
to be permitted;
(12)
Number of amusement redemption machines in the premises to be permitted
and the serial number of each amusement redemption machine;
(13)
Whether a previous license of the applicant, or, if applicable, a
corporate officer of the applicant, has been revoked within two years
of filing of the application;
(14)
The previous occupation(s) of the applicant and, if applicable, all
corporate officers and partners of the applicant within the preceding
five years;
(15)
A notarized statement, under oath, that:
(A)
All the facts contained in the application are true and correct;
(B)
The amusement redemption machines are not and will not be used as
gambling devices;
(C)
The location and operation of the amusement redemption machine game
room will not violate any applicable deed restrictions;
(D)
The amusement redemption machine game room will be operated in accordance
with all laws;
(16)
Name, address, and telephone number of an emergency contact person
who can be reached after hours;
(17)
A floor plan of the amusement redemption machine game room interior
depicting the layout of the amusement redemption machine game room
interior specifically including, but not limited to, the location
of all amusement redemption machines, coin-operated machines or devices,
the manager’s station(s), restroom facilities, kitchen and bar
facilities, if any, and all areas to which patrons will not be permitted;
and
(18)
Any other plans that may be required by this code.
(b)
Any
failure to provide the documents required by this section shall be
grounds for denial of the application to which it applies.
(Ordinance 14-747, sec. 2, adopted 10/23/14; 2007 Code, sec. 8-205; Ordinance adopting 2022 Code)
(a)
A
license may be renewed for the following calendar year beginning October
1 of each year by filing a completed application for each license
and paying the applicable fee set forth in this article. A renewal
application shall be subject to the same requirements in this section
as for a license application.
(b)
Upon
the expiration of a license, the licensee shall be required to obtain
a renewal of the expired license if the licensee wishes to continue
operating an amusement redemption machine game room. Failure to obtain
the renewal within 30 days after expiration may require such person
to pay an additional late fee in an amount equal to 20 percent of
the fee as currently established or as hereafter adopted by city council
from time to time. Nothing herein authorizes the licensee to operate
after the expiration of a license and before a renewal is effective.
(Ordinance 14-747, sec. 2, adopted 10/23/14; 2007 Code, sec. 8-206)
(a)
The
city shall refuse to approve issuance or renewal of a permit or license
for one or more of the following reasons:
(1)
Any failure to provide the information required by this article;
(2)
A determination by the city that inaccurate, erroneous or incomplete
information has been submitted;
(3)
A false statement as to a material matter made in an application
for a license;
(4)
Revocation of a license, pursuant to this article, of the applicant
or a co-owner or a corporate officer of the applicant within two years
preceding the filing of the application;
(5)
Refusal or failure to pay the occupation tax on any amusement redemption
machine;
(6)
Refusal or failure to pay the correct license fee amount;
(7)
The applicant or a co-owner for such license has, within the past
three years, been convicted of any violation of this article;
(8)
The applicant or a co-owner for such license has, within the past
five years, been convicted of any violation of regulations adopted
by the county relating to game rooms; and/or
(9)
The applicant or a co-owner for such license has, within the past
ten years, been convicted of a crime involving moral turpitude.
(b)
The
city shall not issue or renew a license under this article and shall
suspend or cancel a license if it be determined that the applicant
or licensee is indebted to the city for any fee, costs, penalties,
or delinquent taxes.
(Ordinance 14-747, sec. 2, adopted 10/23/14; 2007 Code, sec. 8-207)
(a)
Authority.
If any individual, company, corporation or
association who owns, operates, exhibits, or displays any amusement
redemption machine(s) in an amusement redemption machine game room
in this city shall violate any provision of this article, the city
shall have the power and authority to suspend or revoke the license(s)
issued hereunder to any of the foregoing by giving written notice,
stating the reason justifying such suspension or revocation, and the
same shall be suspended or revoked ten days from date of such notice.
(b)
Suspension.
The city manager or his designee shall suspend
a license for a period not to exceed 30 days if he determines that
a licensee or an employee of a licensee has:
(1)
Violated or is not in compliance with any of the provisions of this
article;
(2)
Refused to allow or interfered with an inspection of the amusement
redemption machine game room premises; or
(3)
Demonstrated an inability to operate or manage an amusement redemption
machine game room in a peaceful and law-abiding manner thus necessitating
action by law enforcement officers.
(c)
Revocation for continuing violations.
The city manager
or his designee shall revoke a license if a cause of suspension occurs
and the license has been previously suspended within the preceding
12 months.
(d)
Automatic revocation.
The city manager or his designee
shall revoke a license if he determines that:
(1)
A licensee gave false or misleading information in the material submitted
to the city during the application process;
(2)
A licensee or an employee of a licensee knowingly allowed the possession,
use, or sale of a controlled substance on the premises; or
(3)
A licensee or an employee of a licensee knowingly operated the amusement
redemption machine game room during a period of time when the licensee’s
permit was suspended.
(e)
Effect of revocation.
No license shall be issued within
a period of one year to anyone whose license has been revoked, except
at the discretion of the city manager or his designee. If the license
of an individual, company, corporation, or association owning, operating,
or displaying amusement redemption machines in this city is cancelled,
such individual, company, corporation or association shall not operate,
display or permit to be operated or displayed such amusement redemption
machines in any amusement redemption machine game room until a new
license is granted.
(Ordinance 14-747, sec. 2, adopted 10/23/14; 2007 Code, sec. 8-208)
If the city manager or his designee refuses to approve the issuance
of a license or the renewal of a license to an applicant, or suspends
or revokes a license issued under this article, this action is final
unless the applicant or licensee, within ten days after the receipt
of written notice of the action, files a written appeal with the city
secretary, who shall, within ten days after the appeal is filed, forward
same to city council for its consideration at a public meeting following
a hearing. The city council shall, within 30 days, grant such hearing
to consider the action. The city council has authority to sustain,
reverse, or modify the action appealed. The decision of the city council
is final.
(Ordinance 14-747, sec. 2, adopted 10/23/14; 2007 Code, sec. 8-209)
A valid license issued under this article for an amusement redemption
machine game room shall be displayed at or near the entrance of the
business premises, and such display shall be permanent and conspicuous.
(Ordinance 14-747, sec. 2, adopted 10/23/14; 2007 Code, sec. 8-210)
(a)
The
premises in which such amusement redemption machines are located shall
conform to all building codes and fire prevention codes of the city
and the fire marshal of the city and his assistants and the chief
building official may enter into the premises where such amusement
redemption machines are located at any time during normal business
hours for the purposes of inspecting said premises for fire hazards.
(b)
All
law enforcement personnel of the city shall have the right to enter
into said premises at any time during normal business hours for the
purpose of enforcement of the terms of this article.
(c)
The
city shall have the authority to seal any coin-operated machine located
in any amusement redemption machine game room for which the occupation
tax has not been paid. A fee in the amount identified by resolution
of the city council from time to time will be charged for the release
of any machine sealed for nonpayment of said occupation tax.
(d)
The
city shall have the authority to seal any coin-operated machine located
in any amusement redemption machine game room for which a license
fee has not been paid. A fee in the amount identified by resolution
of the city council from time to time will be charged for the release
of any machine sealed for nonpayment of said license fee.
(Ordinance 14-747, sec. 2, adopted 10/23/14; 2007 Code, sec. 8-211)
A licensee hereunder shall not permit any of the following activities
within the licensed premises:
(1)
The
operation of any amusement redemption machine by a person younger
than 18 years of age;
(2)
Gambling
by any person;
(3)
The
possession of gambling materials; and
(4)
Unlawful
or criminal activity of any kind.
(Ordinance 14-747, sec. 2, adopted 10/23/14; 2007 Code, sec. 8-212)
Any person who desires a license for the operation of two or
more amusement redemption machines in one specific location shall
be required to provide sufficient off-street parking to accommodate
the vehicles of the patrons as provided for herein. Such parking area
shall be maintained in a safe, clean manner and shall not interfere
with safe and expeditious movement of other vehicular or pedestrian
traffic.
(Ordinance 14-747, sec. 2, adopted 10/23/14; 2007 Code, sec. 8-213)
Nothing herein shall be construed or have the effect to license,
permit, authorize or legalize any machine, device, table, or gaming
machine, the keeping, exhibition, operation, display or maintenance
of which is illegal or in violation of any ordinance of the city,
any regulation of the county, any section of the Penal Code of this
state, or the constitution of this state.
(Ordinance 14-747, sec. 2, adopted 10/23/14; 2007 Code, sec. 8-214)
