For the purpose of this article, the following definitions shall apply, unless the context clearly indicates or requires a different meaning:
Adult.
Any person 18 years or older.
Arcade license.
The license required hereunder for a video game arcade or game arcade.
Building code.
The building code of the city, as set out in article 3.02 of this Code of Ordinances.
Business.
Any person, firm, corporation or other business entity doing business anywhere in the city.
Chief of police.
The chief of the police department of the city.
Coin-operated game.
Any pinball game, video game or other game designed to be displayed where the public may play the game on depositing a coin, coins or tokens in the machine.
Game arcade.
Any place where coin-operated games are displayed for use by the public, whether or not another business is conducted on the premises.
Pool table.
Any billiard, pool or bagatelle or pigeonhole table.
Proprietor.
Any individual, firm, corporation other business entity operating any video game arcade.
Video game arcade.
Any place where video games, pool tables or coin-operated games of any kind are displayed for use by the public, whether or not another business is conducted on the same premises.
Zoning code.
Chapter 14 of this Code of Ordinances.
(2004 Code, sec. 112.01)
Any person, firm or corporation violating any provision of this article shall be fined not less than $100.00 for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
(2004 Code, sec. 112.99)
(a) 
Any violation of this article is hereby declared to be a nuisance.
(b) 
(1) 
In addition to any other relief provided by this article, the city attorney may apply to a court of competent jurisdiction for an injunction to prohibit the continuation of any violation of this article.
(2) 
The application for relief may include seeking a temporary restraining order, temporary injunction or permanent injunction.
(2004 Code, sec. 112.33)
(a) 
(1) 
The person in charge of any video game arcade or game arcade, and the person in charge of the area of any other establishment where video games are available for use by the public, shall not permit any person under 16 years of age to remain in the arcade or area where the games are available on school days during the hours when school is in session.
(2) 
The person in charge shall not use force to enforce this requirement, but the truant officer may be called. A person under 16 who normally attends a private school or a school sponsored by a religious organization in lieu of the public school may be in an arcade or in the area where games are kept at times when the private school or school sponsored by the religious organization is not in session.
(3) 
Each licensee under this article shall display a sign with substantially the following wording or with other wording giving substantially the same meaning:
NOTICE
If you are under 16 years of age, you will not be allowed to remain in this arcade on school days during the hours when school is in session.
(b) 
Any person under the age of 16 years shall not be permitted to loiter, visit or play at any pool table or video game licensed to be operated in the city without adult supervision, which supervisor shall be in the game room and employed by the proprietor.
(2004 Code, sec. 112.30)
In devices requiring coins for operation, only United States coins shall be used. The management of any establishment may sell tokens, or provide machines to sell tokens, to be used in games instead of coins. No person shall defraud any business by using any foreign coin, counterfeit coin or unauthorized token to obtain the use of a game without paying for it.
(2004 Code, sec. 112.32)
No proprietor shall operate any video game arcade without having a valid current license for the business. The annual fee for such license shall be the highest permitted license fee allowed for cities pursuant to Tex. Loc. Gov’t Code section 215.033, as amended. Any business that is already licensed as a restaurant, food store or other business shall also be required to obtain a video game arcade license.
(2004 Code, sec. 112.10)
Editor’s note–Former sec. 4.03.042 pertaining to the investigation fee and deriving from the 2004 Code, sec. 112.11, was deleted in its entirety by Ordinance 2020-103, sec. 3.01, adopted 11/10/20.
(a) 
Applications for arcade licenses and game licenses shall be filed with the city administrator or his or her designee on forms to be furnished by the city administrator or his or her designee.
(b) 
The applications shall contain enough information to enable city employees and officials to process the application and make the necessary investigation and shall contain the following specific information:
(1) 
The name and address of the applicant. If the applicant is a partnership, the name and address of each partner shall be given. If the applicant is a corporation, the name and address of the chief executive officer of the corporation and of the president, vice-president, secretary and treasurer of the corporation shall be furnished. If a post office box is used as a mailing address, the individual’s or firm’s residence or business address shall be provided as well;
(2) 
The address and room or store number of the location where the games are to be placed;
(3) 
The number of games to be placed;
(4) 
The name to be used for the business. If the games are to be located on the same premises as a restaurant, convenience store or other business, the name of the business shall be provided; and
(5) 
Other relevant information as is called for on the application form.
(2004 Code, sec. 112.12)
(a) 
Upon receipt of an application for an arcade license or a game license, the city administrator or his or her designee shall provide a copy of the application and refer the matter to the chief of police for an investigation of the character of the individuals whose names and addresses are required to be furnished by section 4.03.043.
(b) 
The city administrator shall furnish a copy of the application and refer the matter to the code enforcement officer to determine whether the proposed business will violate any provision of chapter 14 of this Code of Ordinances or the building code of the city.
(c) 
The chief of police and the code enforcement officer shall report within two weeks.
(d) 
The application, together with the report of the chief of police and the report of the code enforcement officer, shall be delivered to the city administrator for action.
(2004 Code, sec. 112.13)
The following regulations shall apply to issuance of arcade licenses or game licenses:
(1) 
No arcade license shall be issued to an individual who is not of good moral character. No license shall be issued to any partnership unless each of the partners is of good moral character. No license shall be issued to any corporation unless the chief executive officer, president, vice-president, secretary and treasurer of the corporation are of good moral character.
(2) 
No arcade license shall be issued for any business in any premises that does not comply with the applicable provisions of the building code and chapter 14 of this Code of Ordinances.
(3) 
No arcade license shall be issued for any business that does not comply with this article and with all applicable state laws and city ordinances.
(2004 Code, sec. 112.14)
(a) 
Upon finding that a proposed business described in an application complies with the requirements of this article and all applicable state laws and city ordinances, the city administrator shall issue the license. The applicant shall be notified promptly of the issuance or decision refusing to issue a license.
(b) 
If the administrator refuses to issue a license, the administrator shall give reasons, in writing, for the refusal.
(c) 
(1) 
The city administrator shall act on all applications within one week of receiving the report of the chief of police or the report of the code enforcement officer, whichever is received last.
(2) 
Any person aggrieved by a decision issuing or refusing to issue a license may appeal to the city council by filing a written notice of appeal within one week of the decision of the city administrator.
(d) 
(1) 
The notice of appeal need not be in any particular form, but it must identify the decision from which the appeal is being taken.
(2) 
The appeal shall be heard by the city council as soon as compliance with open meeting law requirements can be had.
(3) 
The city council action shall be final, except for the right of any party to file an action in court.
(2004 Code, sec. 112.15)
(a) 
Any license issued hereunder shall be renewed upon the filing of an application for renewal and the payment of the annual fee, if the business complies with all applicable laws and ordinances and if there are no grounds for revocation of the arcade license.
(b) 
An investigation fee in an amount as set forth in the fee schedule in appendix A of this code shall be charged in connection with a renewal and shall be due on or before January 1 of each year.
(2004 Code, sec. 112.16)
Each current arcade license issued under this article shall be kept at the premises and available for inspection by any city officer or employee at all times that the premises are open for business.
(2004 Code, sec. 112.17)
(a) 
The city administrator shall cancel the license of any licensee that repeatedly violates the terms of this article.
(b) 
The cancellation may be appealed to the city council.
(c) 
Any licensee that has had any license cancelled under this article shall not be eligible to apply for any other license under this article for a period of six months.
(2004 Code, sec. 112.31)