Amusement redemption machine.
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,
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.
City official.
A code enforcement officer or building official of the City
of Greenville or any peace officer of the state.
Game room.
A building, facility or other place that is open to the public
and that contains one or more operational amusement redemption machines.
Game room owner.
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.
(Ordinance 09-031 adopted 5/26/09)
(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 of $250.00. 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 department of community development 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 such business;
(D) If a partnership, each of the general and limited partners;
(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)(2). 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 or has within the prior five (5) years.
(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; and
(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.
(9) 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) Location requirements.
Premises shall not operate within
500 feet radius of an established church, school, day care or hospital.
Premises shall not operate within 1,500 feet radius of another amusement
redemption machine game room.
(6) 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.
(7) 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.
(8) 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.
(9) A game room operator must be a person who is at least 18 years of
age.
(10) Total number of machines in one establishment shall be limited to
50.
(11) All machines must be permitted according to the permitting requirements of section
6.16.003 of these regulations.
(Ordinance 09-031 adopted 5/26/09)
(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. Any game that is determined to be beyond the ability
of a player to predict or control the outcome will not be permitted
or allowed to operate within the incorporated limits of the city.
(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.
(Ordinance 09-031 adopted 5/26/09)
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 09-031 adopted 5/26/09)
(a) Any
city official may inspect a game room or an operational amusement
redemption machine located within the city incorporated city limits
to determine whether the game room or the operational amusement redemption
machine complies with the city 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 09-031 adopted 5/26/09)
(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 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 09-031 adopted 5/26/09)
(a) All
game rooms shall have their hours of operation clearly marked on every
entrance.
(b) All
game room shall have all 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 09-031 adopted 5/26/09)
Any person who shall violate any of the provisions of this article
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 09-031 adopted 5/26/09)