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, including but not
limited to, gambling device versions of bingo, keno, blackjack, lottery,
sweepstakes, roulette, video poker, tic-tac-toe, eight liner or similar
electronic, electromechanical, or mechanical games, or facsimiles
thereof, that operate by chance or partially so.
A code enforcement officer or building official of the city
or any peace officer of the state.
A building, facility or other place that is open to the public
and that contains one or more operational amusement redemption machines.
A person who has any ownership interest in a game room or
an owner, director, or officer of a business entity that has any ownership
interest in a game room.
A machine that is ready to be played and accessible to the
public.
(Ordinance 2012-03 adopted 1/10/12)
(a)
Payment
of Fee and Issuance of License.
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 stated in the master rate and fee schedule. Application shall
not be approved until a completed application has been submitted and
found to meet all application requirements.
(b)
Application.
An applicant for a license or permit shall file with the city
secretary a written application on a form provided for that purpose,
which shall be signed by the applicant, who shall be the owner, operator,
or lessee of the amusement redemption machine game room. Should an
applicant maintain an amusement redemption machine game room at more
than one location, a separate application must be filed for each location.
The following information is required in the application:
(1)
Location,
by address, of the proposed operation;
(2)
A copy
of the certificate of formation if the business is registered with
the secretary of state, or the applicant’s d/b/a, if applicable;
(3)
Name,
address, telephone number and driver’s license number of the
following persons, if applicable:
(A)
Applicant if a natural person;
(B)
All persons who own 25 percent or more interest in the amusement
redemption machine game room;
(C)
All corporate officers, if any, of the business;
(D)
If a partnership, each of the general and limited partners;
(E)
The property owner; and
(F)
The manager of the property and/or business.
(4)
The
previous occupation(s) of the applicant and, if applicable, all corporate
officers and partners of the applicant within the preceding five years;
(5)
Whether
a previous license or permit of applicant, or, if applicable, corporate
or partner of applicant, has been revoked within two years of filing
of the application;
(6)
Number
of amusement redemption machines in the amusement redemption machine
game room;
(7)
An authorization to conduct a background check for all individuals included in subsection (b)(3). The license will be denied if any individual has any convictions, guilty pleas, or deferred adjudications related to gambling or organized crime or any felony;
(8)
A sworn
statement that:
(A)
All the facts contained in the application are true and correct;
(B)
The location and operation of the amusement redemption machine game
room will not violate any applicable deed restrictions;
(C)
The amusement redemption machine game room will be operated in accordance
with all laws and city ordinances, including chapter 47 of the Texas
Penal Code; and
(D)
Name, address and telephone number of an emergency contact person
who can be reached after hours.
(c)
Expiration
and Renewal.
(1)
Expiration.
An annual amusement redemption machine game room license issued
by the city shall automatically expire on the thirty-first day of
December following its issuance, except as otherwise stated herein.
Such license shall automatically expire if the licensee sells the
property or the business, transfers equity to accomplish same, or
otherwise disposes of such devices. An amusement redemption machine
game room license is not assignable or transferable. The city shall
not refund any portion of a license after the license is issued, nor
shall it prorate or reduce in amount any fee due to the city.
(2)
Late
Penalty.
Upon the expiration of a license, the licensee
shall obtain a renewal if the licensee wishes to continue operating
an amusement redemption machine game room. Failure to obtain the renewal
within 30 days after expiration will require such person to pay an
additional late fee in an amount equal to 20 percent of the fee actually
due or 20 percent of the previous year’s fee, whichever is greater,
in order to obtain reinstatement of his license. Nothing herein authorizes
the licensee to operate after the expiration of a license and before
a renewal is effective.
(d)
Posting
of License.
The license shall be conspicuously posted
inside the building.
(e)
Restrictions,
Regulations, Controls, and Limitations.
The following
restrictions, regulations, controls, and limitations shall apply to
all amusement redemption machine game rooms:
(1)
Condition
of Premises.
All building and fire code standards must
be met. A certificate of occupancy shall be requested before license
is issued. Game room must be located in an area zoned for that activity.
(2)
Methods
of Conduction of Business.
Amusement redemption machines
are not allowed outdoors.
(3)
Hours
of Operation.
May only be operated between the hours
of 10:00 a.m. and 12:00 a.m.
(4)
Parking
Requirements.
One space for each two machines, plus one
space per employee per shift.
(5)
Alcoholic
Beverages.
No amusement redemption machine game room
may be located on premises where alcoholic beverages are sold or served,
with the exception of any congressionally chartered, nonprofit organization.
(6)
The
owner, operator, or manager of the premises must be present to supervise
the operation of the machines. The machines shall not be left unattended.
(7)
Machines
must be situated within the premises as to be in full and open public
view, which entails being visible to all patrons of the establishment.
(8)
A game
room operator must be a person who is at least 18 years of age.
(9)
Total
number of machines in one establishment shall be limited to 50.
(10)
All
machines must be permitted according to the permitting requirements
of Section 4.364 of these regulations.
(Ordinance 2021-24 adopted 9/9/21)
There is levied an annual occupation tax equal to one fourth
(1/4) of the amount levied by the state on all amusement redemption
machines. The occupation tax shall be levied upon the owner of such
machine, save and except religious, charitable and educational organizations
authorized under the laws of the state; the tax levied herein shall
be paid to the city secretary, who shall issue an occupation tax receipt
and, for each machine on which the occupation tax is paid, an occupation
tax tag. The occupation tax shall be due and payable on January 1st
of each year. Such occupation tax receipt and tax tag shall specify
the year for which the tax receipt and tax tag are valid. The occupation
tax tag shall be affixed to each machine.
(Ordinance 2012-03 adopted 1/10/12)
(a)
Permit
Application.
An owner, operator, or lessee of an amusement
redemption machine game room shall be required to obtain a permit
for each amusement redemption machine. As part of the application,
the owner, operator, or lessee must submit, at their own expense,
each amusement redemption machine, including hardware and software
source code, to an independent gaming compliance and testing laboratory
approved in advance by the city to ensure that the machine does not
generate the resultant outcome independent of the skillful actions
of the player.
(b)
Permit.
Following approval by the independent gaming compliance and
testing laboratory, the city shall issue a permit that will be permanently
affixed to the approved machine. The permit shall include the name
of the machine and the machine’s serial number.
(c)
Sealing
or Seizure.
A person commits an offense if he or she
owns an operational machine without a permit or with a tampered permit.
In addition to other criminal or civil remedies outlined in this article,
the city shall have the authority to seal or seize any coin-operated
machine located in any amusement redemption machine for which a permit
is not displayed. If any amusement redemption machine is found with
evidence of permit tampering of any kind, including a permit issued
to a different machine or a change in the game’s hardware or
software after the date of the permit issuance, the city shall have
the authority to seal or seize all amusement redemption machines in
the game room for retesting at the owner’s expense and/or to
revoke the owner’s license to operate a game room.
(d)
Nuisance
Declared.
Because of such businesses in the city are
a potential for being an attractive nuisance to minors and the questioned
legality of such activities, the city council hereby finds such businesses
constitute a nuisance to the health, safety and welfare of the city.
Accordingly, subsequent to the passage of this division, no license
will be issued for any such establishment within a 300-foot radius
of a church, residence, school, daycare, hospital or another business
entity operating under a license issued under this division. Any businesses
existing as of the time of the passage of this division shall be permitted
to continue, however, if they should cease operations, or violate
any of the provisions of this division or any other applicable city,
state or federal law, their license shall be subject to revocation
and such may not be renewed unless they meet all provisions of any
applicable law including the above spacing requirements.
(Ordinance 2012-03 adopted 1/10/12)
An owner, manager or employee of a game room or other person
exercising control over a game room, a portion of a game room or an
operational amusement redemption machine, shall provide a city official
with immediate unrestricted access during business hours to all areas
of the game room and to all operational amusement redemption machines
located in the game room.
(Ordinance 2012-03 adopted 1/10/12)
(a)
A city
official may inspect a game room or an operational amusement redemption
machine located within the incorporated city limits to determine whether
the game room or the operational amusement redemption machine complies
with this code and state law.
(b)
An owner,
manager or employee of a game room or other person who does not allow
a city official to inspect a game room or operational amusement redemption
machine commits an offense.
(Ordinance 2012-03 adopted 1/10/12)
(a)
Every
game room shall have transparent unobstructed windows or open space
on at least one (1) side so that the area is open to view by the general
public passing by on a public street or using a corridor, lobby or
other room to which the public has access and is admitted without
charge. The owner, manager or employee of a game room shall not permit
any obstruction of such public view by the use of drawn shades, blinds,
partitions, tinting, signs or other structures or obstructions.
(b)
The requirements of subsection (a) above may be waived or modified by the building official if the game room owner can demonstrate:
(1)
The
game room is located in a structure deemed a historic landmark, or
the structure is within a historic district, and deemed to have architectural
or historic significance; and
(2)
Compliance
with the unobstructed view requirement shall require alterations to
the structure that will have a substantially detrimental effect on
its historic or architectural features.
(Ordinance 2012-03 adopted 1/10/12)
(a)
All game
rooms shall have their hours of operation clearly marked on every
entrance.
(b)
All game
rooms shall have doors providing ingress and egress from the game
room unlocked during the hours of operation.
(c)
It shall
be unlawful for any person to keep, conduct or operate any game room
for profit or to allow or permit any game room to remain open for
business or open to the public before the hour of 10:00 a.m. or after
the hour of 12:00 a.m.
(Ordinance 2012-03 adopted 1/10/12)
Any person who shall violate any of the provisions of this chapter
or fail to comply therewith shall be deemed guilty of a class C misdemeanor
and, upon conviction, shall be fined not to exceed the maximum amount
allowable by law. This offense is hereby declared to be a strict liability
offense and the culpable mental state required by chapter 6.02 of
the Texas Penal Code is hereby specifically negated and clearly dispensed
with. Each day that the violation occurs shall constitute a distinct
and separate offense.
(Ordinance 2012-03 adopted 1/10/12)
