The following words, terms and phrases as used in this article are defined as follows:
(a) 
Coin-Operated Machine.
Shall mean every machine or device of any kind or character which is operated by or with coins or metal slugs, tokens, currency of every kind or character or checks. "Music coin-operated machines," "skill or pleasure coin-operated machines" and "game of chance coin-operated machines" as those terms are hereinafter defined shall be included in such terms.
(b) 
Music Coin-Operated Machines.
Shall mean 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, tokens, currency of every kind or character or checks.
(c) 
Operator.
Shall mean 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.
(d) 
Owner.
Shall mean any person, firm, company, association, or corporation owning any "coin-operated machine" in the city.
(e) 
Person.
Shall include any natural person, association of natural persons, trustee, receiver, partnership, corporation, organization, or the manager, agent, servant or employee of any of them.
(f) 
Service Coin-Operated Machines.
Shall mean every pay toilet, pay telephone, and all other machines which dispense service only and not merchandise, music, skill or pleasure.
(g) 
Skill or Pleasure Coin-Operated Machines.
Shall mean 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 article.
(h) 
Game of Chance Coin-Operated Machines.
Shall mean every coin-operated machine that does not give any economic benefit other than personal winnings or except for the advantage of skill or luck, the chance of winning is the same for all participants.
(Ordinance 1815 adopted 4/9/98)
(a) 
Every owner who exhibits or displays or who permits to be exhibited or displayed in the city any coin-operated machine as defined in Section 4.1001(h), shall pay an annual occupation tax on each coin-operated machine that is hereby levied in the amount of seventy-five dollars ($75.00).
(1) 
The following tax rate schedule will be applicable to a coin-operated machine which is exhibited or displayed for commercial use within the city during any quarter of the calendar year:
First Quarter, January 1 to March 31
$75.00
Second Quarter, April 1 to June 30
$56.25
Third Quarter, July 1 to September 30
$42.20
Fourth Quarter, October 1 to December 31
$31.65
(2) 
All occupation taxes for coin-operated machines are payable in advance. Prior to payment of the tax every owner shall register each machine by make, model and serial number with the city secretary or designated agent.
(b) 
Every owner who exhibits or displays or who permits to be exhibited or displayed in the city any coin-operated machine as defined in Section 4.1001(a) through (g) shall pay an annual occupation tax on each coin-operated machine that is hereby levied in the amount of seven dollars and fifty cents ($7.50).
(1) 
The following tax rate schedule will be applicable to a coin-operated machine which is exhibited or displayed for commercial use within the city during any quarter of the calendar year:
First Quarter, January 1 to March 31
$7.50
Second Quarter, April 1 to June 30
$5.62
Third Quarter, July 1 to September 30
$3.75
Fourth Quarter, October 1 to December 31
$1.88
(2) 
All occupation taxes for coin-operated machines are payable in advance. Prior to payment of the tax every owner shall register each machine by make, model and serial number with the city secretary or designated agent.
(Ordinance 1815 adopted 4/9/98)
Gas meters, pay telephones, pay toilets, food vending machines, confection vending machines, beverage vending machines, merchandise vending machines and cigarette vending machines which are now subject to an occupation or gross receipts tax, stamp vending machines, and "service coin-operated machines," as the term is defined, are expressly exempt from the tax levied herein and the other provisions of this article.
(Ordinance 1815 adopted 4/9/98)
(a) 
The decal issued by the city secretary to evidence payment of the tax levied herein shall be securely attached with its own adhesive to a fixed part of the coin-operated machine so as to be easily seen by the public. The decal shall be attached to the machine in a manner that will require continued application of steam and water to remove the same.
(b) 
During the month of December of each year, owners shall pay the occupation tax, register the machines taxed, and hereby receive a decal for each coin-operated machine to be within the city on January 1st of the following year.
(Ordinance 1815 adopted 4/9/98)
The city secretary or authorized representative may seal any such machine upon which the tax has not been paid in a manner that will prevent further operation. The city secretary shall charge a fee as set forth in the fee schedule in the appendix of this code for the release of any machine sealed for nonpayment of tax. The fee shall be paid to the city secretary by cashier's check or money order. It shall be unlawful to break the seal affixed in the name of the city or exhibit, display or remove from the location any machine on which the seal has been broken.
(Ordinance 1815 adopted 4/9/98)
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.
(Ordinance 1815 adopted 4/9/98)
(a) 
Game of Chance Coin-Operated Machines:
(1) 
Any business which operates six (6) or more "game of chance coin-operated machines" or any business whose principal business is the operation of game of chance coin-operated machines," without regard to number, shall obtain an operator's permit from the city secretary.
(2) 
The fee for registration as an operator under this section shall be as set forth in the fee schedule in the appendix of this code. The fee shall be paid to the city secretary.
(3) 
Each time the location of a machine is changed, the operator shall notify the city secretary of the change by filing an amendment to the operator's permit application within ten (10) days of the change.
(4) 
An application for the renewal of an operator's permit must be made to the city secretary by December 31st of each year.
(b) 
Skill or Pleasure Coin-Operated Machines:
(1) 
Any business which operates six (6) or more "skill or pleasure coin-operated machines" or any business whose principal business is the operation of "skill or pleasure coin-operated machines," without regard to number, shall obtain an operator's permit from the city secretary.
(2) 
The fee for registration as an operator under by this article shall be as set forth in the fee schedule in the appendix of this code. The fee shall be paid to the city secretary.
(3) 
Each time the location of a machine is changed, the operator shall notify the city secretary of the change by filing an amendment to the operator's permit application within ten (10) days of the change.
(4) 
An application for the renewal of an operator's permit must be made to the city secretary by December 31st of each year.
(Ordinance 1815 adopted 4/9/98)
(a) 
An operator's permit application may be obtained at the city secretary's office.
(b) 
The applicant will be required to furnish the following information:
(1) 
The name of the business and the address of the location where the machines are to be located.
(2) 
The name of the owner of the business where the machines are to be located and his address.
(3) 
The name and address of the local agent if the operator is not a resident of the City of Brownfield.
(4) 
The maximum number of skill or pleasure coin-operated machines to be located at the business.
(5) 
The maximum number of games of chance coin-operated machines to be located at the business.
(c) 
An operator's permit shall not be issued unless:
(1) 
The parking ratio of one parking space per fifty (50) square feet of gross floor area is provided on the development lot.
(2) 
The legal description of the property of the business where the machines will be located.
(3) 
The business is zoned for the operation of coin-operated machines.
(Ordinance 1815 adopted 4/9/98)
Any operator's permit issued under this article shall be subject to revocation by the city secretary for the following reasons:
(1) 
The correct permit fee has not been tendered to the city secretary in the case of a check or bank draft, honored with payment upon presentation.
(2) 
Failure to comply with the requirements of this article.
(Ordinance 1815 adopted 4/9/98)
Any applicant or operator whose permit is denied or revoked pursuant to the provisions of this article may appeal such denial or revocation to the city council of the City of Brownfield.
(Ordinance 1815 adopted 4/9/98)
Any person found guilty of violating the provisions of this article shall be guilty of a misdemeanor and upon conviction, shall be fined in accordance with the general penalty provision set forth in Section 1.109 of this code.
(Ordinance 1815 adopted 4/9/98)