For the purpose of this division, the following terms shall have the meanings respectively ascribed to them:
Amusement redemption machine.
A recreational machine that provides a single user or multiple users with an opportunity to receive something of value other than the right of replay. A coin-operated amusement machine designed primarily for children is not an amusement redemption machine.
Applicant.
A natural person who applies for a game room permit on behalf of a permittee.
Game room.
A building, facility, or other place that is operated for profit and that contains six or more operational amusement redemption machines.
Operational machine.
A machine that is ready to be played and is accessible to the public.
Permittee.
A business entity which has been issued a game room permit or which has been named in a game room permit application as the intended recipient of the game room permit.
Property owner.
The owner of the lot, parcel, tract, or other real estate on which a permittee operates or intends to operate a game room.
Scaled drawing.
A drawing that indicates real objects with accurate sizes reduced or enlarged by a certain amount (called the scale). The scale is shown as the length in the drawing, then a colon (“:”), then the matching length on the real thing. By way of example, if a drawing has a scale of “1 inch:10 feet” (alternatively written 1":10'), then anything drawn with the size of 1 inch would have a size of 10 feet in the real world.
Scaled floor plan.
A scaled drawing that shows a view from above of entire building, and which indicates the size and distance between rooms, walls, windows, and other elements as required by section 4.11.062(b) [section 4.06.002(b)] below.
Scaled parking plan.
A scaled drawing that shows a view from above of the entire property, and which indicates the size and distance between streets, compliant parking spaces, driveways, driveway aisles, spaces, sidewalks, ADA compliant handicapped parking spaces, and other elements as required by section 4.06.002(b) below.
(Ordinance 2021-03 adopted 3/9/21)
(a) 
Permit required.
It is a misdemeanor offense to operate a game room within the city without a currently valid game room permit. Every person desiring to operate any game room shall make application to the city manager, or his designee, on a form provided for that purpose, for a game room permit.
(1) 
Game room permits shall be issued only to business entities which have been registered and are currently active with the secretary of state and to whom the state comptroller of public accounts has issued a currently valid state tax identification number.
(2) 
Game room permits shall not be issued to a permittee unless the application is signed by an applicant:
(A) 
Who is named in public filings with the secretary of state as either an officer or a managing member of the permittee;
(B) 
Who signs the following acknowledgement on the face of the application:
I am applying for a permit on behalf of the permittee and I have actual knowledge of the operation of a game room under this permit; I acknowledge that any person operating a game room under this permit will do so under my direction and control, and I further acknowledge that I may be held criminally liable for illegal activity associated with the game room under this permit, including gambling, gambling promotion, or keeping a gambling place under chapter 47 of the Penal Code; operating an unauthorized game room under chapter 4 of this code; and other applicable penal statutes.
(3) 
Game room permits shall not be issued to a permittee unless the application is signed by a natural person:
(A) 
Who is:
(i) 
The property owner; or
(ii) 
If the property owner is a business organization, a natural person who attaches to the application documentary evidence demonstrating that they are authorized to sign the application on behalf of the property owner; and
(B) 
Who signs the following acknowledgement on the face of the application:
I own the property described in this application, and I have actual knowledge of the proposed or current operation of a game room on my property. I acknowledge that I may personally be held criminally liable for illegal activity associated with the game room on my property, including keeping a gambling place under chapter 47 of the Penal Code, operating an unauthorized game room under chapter 4 of this code, and other applicable penal statutes.
(b) 
Contents of permit application.
The application for a game room permit to be issued pursuant to this division shall be sworn and shall contain information required by the city manager, or his designee, on a form provided for that purpose, including:
(1) 
The full and correct business name of the permittee, as currently filed with the secretary of state’s office;
(2) 
The trade name of the permittee, if different from the business name on file with the secretary of state’s office;
(3) 
The state tax ID number of the permittee, as issued by the state comptroller of public accounts;
(4) 
All addresses and telephone numbers of the permittee;
(5) 
The names and dates of birth of each and every officer, managing member, or person who owns twenty percent (20%) or greater interest in the permittee;
(6) 
A list of all prior criminal convictions of each and every officer, managing member, or person who owns twenty percent (20%) or greater interest in the permittee, for all felony offenses, and for misdemeanors involving drug offenses, fraud, theft, gambling, or weapons offenses, or offenses against public administration;
(7) 
The address of the premises where the permittee will operate the game room, and the full and correct name of the property owner of such premises as recorded in the deed records of the county;
(8) 
A scaled parking plan drawn on sheets no smaller than 11 by 17 inches, to a minimum scale of one inch to fifty (50) feet, except where variations are approved by the city manager, or his designee. The site plan shall consist of, at minimum, the following submittals:
(A) 
The name, location, owner, and designer of the proposed development, including the owner’s home or business address and telephone number;
(B) 
Date, north arrow, and scale;
(C) 
The locations and dimensions of all property lines, rights-of-way, and easements; and the existing and proposed topographic characteristics of the site;
(D) 
The locations and dimensions of all existing and proposed driveways, parking facilities, maneuvering areas, loading areas, commercial garbage dumpster pads and related screening, sidewalks, curbs, gutters, buildings, structures, screening fences, and other walls and fences, and exterior lighting;
(E) 
Information and calculations necessary to verify compliance with the off-street parking and loading regulations, including land use, gross floor area, gross leasable area, number of dwelling units, seating capacity, projected number of employees and/or any other appropriate data; and
(F) 
All information required to comply with the stormwater drainage master plan, design manual and maps, and the location of any property rights to be dedicated to the city pursuant to said documents.
(9) 
A scaled floor plan of each public space of the game room in which amusement redemption machines may be located during the term of the permit, including the following;
(A) 
The maximum number of amusement redemption machines in each space;
(B) 
The total square footage of the building, and each space within the building;
(C) 
Dimensions of each redemption machine;
(D) 
Location and measurements of entrances and exits;
(E) 
Measured foot traffic pathways/aisles;
(F) 
Location and measurements of office, bathrooms;
(G) 
Number of fixtures, such as HVAC units, sinks, toilets, windows, and walls; and
(H) 
Location and area of any redemption area, snack bar, and/or customer service area.
(10) 
If the premises where the permittee will operate the game room is located within a multiple tenant structure where tenants share collective parking, a list of all tenants in the structure, the use of each leased space in the structure, and the square footage of the structure used by each tenant in the structure; and
(11) 
Each application shall be accompanied by the following:
(A) 
The fee required by this article; and
(B) 
A copy of a receipt from the state comptroller of public accounts showing the total number of amusement machines for which the state occupations tax has been paid and for which registration decals have been issued by the state comptroller of public accounts for the time period of the relevant permit application.
(c) 
Background check.
(1) 
The chief of police, or a duly authorized representative, shall investigate the publicly filed business records of the permittee and the background of all applicants and each officer, managing member, or owner of twenty percent (20%) or greater interest in the permittee. The investigation may be completed by the city police department or by a third-party vendor approved in advance by the chief of police. Any fees associated with the investigation shall be paid by the applicant. The investigation shall include fingerprinting the individual and a check of the individual’s local, state, and national criminal records in accordance with Texas Government Code, sections 411.087 and 411.122. The investigation shall include making a permanent record of the identity of all individuals described in this subsection.
(2) 
The city shall deny issuance of a permit if the application or investigation shows any of the following:
(A) 
The applicant or an officer, managing member, or owner of 20% or greater interest in the permittee has been convicted, within the five (5) years preceding the date of the application, of any crime required to be listed on the permit application and not disclosed thereupon, or of a felony, or for gambling, gambling promotion, keeping a gambling house, fraud, theft, an offense against public administration, or another crime that directly relates to the duties and responsibilities of a permittee pursuant to this division;
(B) 
The permit application includes a false statement by the applicant;
(C) 
The city has revoked the applicant’s permit of the type requested within the past one (1) year;
(D) 
The permit application does not meet all the requirements of this article.
(d) 
Permit fees; duration.
(1) 
A nonrefundable application fee as specified by the fee schedule, shall be submitted with the application. Such fee shall cover the inspections and investigations required for the permit to be determined to be approved or denied.
(2) 
An annual game room permit fee as specified by the fee schedule, shall be submitted with the permit application under section 4.06.002, or if the game room begins operations after the thirtieth (30) day of June of the current year, the application shall be accompanied by a payment as specified by the fee schedule. Such fee shall cover all the costs of ongoing inspections.
(3) 
Game room permits expire on December 31st of each year. Permittee may renew the permit until January 30th of the next year without incurring late fees. If a game room permit is renewed after January 30th, a late fee as specified by the fee schedule, shall be assessed and added to the permit fee for that year.
(e) 
Issuance of game room permit to qualified applicant.
Once an applicant is approved for a game room permit, a printed permit form shall be issued to the permittee. The permit form will be signed by the city manager, or his designee.
(1) 
The cumulative number of amusement redemption machines allowed to operate or be displayed on the premises of a permittee shall not exceed the number of off-street parking spaces available to the permittee on the premises of the permitted game room. Each game room shall have at least one parking space for every two gaming machines, plus at least one parking space for each employee, per shift.
(2) 
The cumulative number of amusement redemption machines allowed to operate or be displayed on the premises of a permittee shall be stated clearly on the face of each game room permit in both letters and numerals, such as “eighteen (18).”
(3) 
A person commits an offense if the person cumulatively operates or displays more amusement redemption machines on any premises than allowed under the valid game room permit for that premises.
(4) 
For the purpose of this section, any amusement redemption machine that allows more than one person to play simultaneously shall be counted as multiple machines, based on the maximum number of simultaneous players. For example, a machine that is designed to be simultaneously played by up to four players shall be counted as four amusement redemption machines.
(f) 
Administrative suspension or revocation of game room permit.
(1) 
Suspension.
Upon receipt of information tending to show that illegal activities are occurring or have occurred on the premises of a permittee, the chief of police may provisionally suspend a game room permit.
(A) 
The chief of police or designee shall notify the permittee, the applicant, and the property owner of the provisional suspension by first class mail sent to the addresses listed in the game room permit application. Such notification shall include the date on which the provisional suspension is to begin, a description of the illegal activity alleged to have occurred on the premises, and the date, time, and location of the hearing described below.
(B) 
The provisional suspension shall not begin before the third calendar day after the notice is placed in the mail.
(C) 
It is a misdemeanor offense for a permittee to operate a game room, or for an applicant or property owner to allow the operation of a game room during the provisional suspension of a game room permit.
(D) 
The chief of police, or his designee, shall hold a hearing not earlier than ten (10) days after the notice is placed in the mail, and not later than twenty (20) days after the notice is placed in the mail, at which hearing the permittee, the applicant, and the property owner may present any relevant information tending to refute the allegations described in the notice. The hearing described in this subsection is not intended to be a full evidentiary hearing, but rather an opportunity for the permittee, the applicant, and the property owner to be heard.
(E) 
Within five (5) business days after the hearing, if a preponderance of the evidence shows that the illegal activity occurred or is occurring on the premises of the permittee, the chief of police shall suspend the game room permit and notify the permittee, the applicant, and the property owner of the suspension. Such suspension is effective immediately and remains in effect until the expiration of the permit so suspended. A permittee, applicant, or property owner may not submit a new game room permit application during the term of the suspension. If a preponderance of the evidence shows that the illegal activity did not occur and is not occurring, the chief of police shall reinstate the game room permit and notify the permittee, the applicant, and the property owner of the reinstatement.
(F) 
The applicant, permittee, or property owner can appeal the police chief’s decision to the city manager. The appeal must be filed, in writing to the city secretary, within five (5) days after receiving the police chief’s decision. The city manager shall then hold an appeal hearing within twenty (20) days of said request for an appeal. The city manager’s determination is final.
(2) 
Revocation.
The chief of police may revoke a game room permit if the applicant or an officer, managing member, or owner of twenty percent (20%) or greater interest in the permittee is convicted of any felony, or of any offense involving gambling, fraud, theft, an offense against public administration, or another crime that directly relates to the duties and responsibilities of a permittee pursuant to this division. A game room permit can also be revoked for any violation of this article. The chief of police shall notify the permittee, the applicant, and the property owner of the revocation by first class mail sent to the addresses listed in the game room permit application. Such notification shall include the date on which the revocation is to begin, which shall be no earlier than the third calendar day after the date the notice is placed in the mail.
(g) 
Expiration date for permits.
Any game room permit shall expire on December 31st of each year and the permittee will be required to obtain a new permit to be effective January 1st of each year. The applicant shall pay a permit fee as prescribed by separate ordinance, enacted from time-to-time, copies of which are on file in the city secretary’s office. Each new permit shall be subject to the rules, regulations, ordinances, and codes applicable during that permit year and as such rules, regulations, ordinances and codes may be amended from time-to-time; no game room permit shall create any vesting of rights in the privileges established during prior permit years.
(Ordinance 2021-03 adopted 3/9/21)
(a) 
At all times during which a permittee holds a valid game room permit, the permittee shall display a sign which says “game room” on the premises of the permitted game room which:
(1) 
Is displayed in a conspicuous manner clearly visible to the public from the entrance of the premises;
(2) 
Appears in contrasting colors with block letters at least four (4) inches in height.
(b) 
At all times during operation of a game room, a permittee shall display signs which:
(1) 
Are displayed in a conspicuous manner clearly visible to the public:
(A) 
At each entrance to the game room; and
(B) 
At each location within the game room where patrons may collect winnings; and
(2) 
Include written language identical to the following, in English and Spanish: “Gambling is a crime. If you win more than $5.00 per play, you may be arrested and fined $500.00,” and “El juego es un crimen. Si usted gana más de $5.00 por jugada, es posible que sea arrestado y deba pagar una multa de $500.00”; and
(3) 
Appear in contrasting colors with block letters at least one inch in height.
(c) 
A permittee shall not cause or allow the following:
(1) 
Permitted game rooms shall have transparent unobstructed windows or open space on at least one (1) side so that the open 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 any window by the use of drawn shades, blinds, partitions, tinting or other structures or obstructions.
(A) 
It is an affirmative defense to prosecution under subsection (c)(1) above that:
(i) 
The game room is located in a structure registered as a historic landmark, or the structure is within a historic district and deemed to have architectural or historic significance which would qualify the structure for registration as a historic landmark; and
(ii) 
Compliance with the unobstructed view requirement would require alterations to the structure that would have a substantially detrimental effect on its historic or architectural features.
(2) 
Allowing any person under the age of eighteen (18) years to play on an amusement redemption machine.
(3) 
Allowing the game room to be operated without an attendant.
(4) 
Failure to promptly report to the police department any violations of state law or city ordinances committed by employees or patrons on game room premises.
(5) 
Require game room memberships for any purpose.
(A) 
A game room shall not restrict entry to a game room and/or prohibit the participation in any activity inside a game room by a patron through the requirement of a game room membership.
(B) 
Game rooms shall not issue membership cards to any individual for any purpose.
(C) 
Game rooms shall not have, make use of, employ, and/or require check-in procedures of any kind prior to entering or before exiting a game room.
(6) 
Alcoholic beverages: The presence of alcoholic beverages on the premises of a game room with more than ten (10) gaming machines is prohibited. In addition to any other penalty or punishment imposed by law, violation of this provision shall be cause for revocation of a game room permit issued under this article.
(7) 
A person who operates a game room in violation of any section of this article commits an offense. Each person denied entry is considered a separate offense. Each membership card issued is considered a separate offense. Each individual subjected to any check in procedure prior to entering or before exiting a game room is considered a separate offense. Each day a violation occurs or continues to occur is considered a separate offense. Any violation of this subsection is grounds for denial, revocation, or suspension of a game room permit.
(d) 
Inspection.
Peace officers, fire safety officials, and designated city employees are authorized to inspect any business in the city for violations of these regulations. These regulations do not authorize a right of entry prohibited by law. Peace officers, fire safety officials, and designated city employees may enter a business with consent, whether that consent is implied or express, with a warrant, or under exigent circumstances. A game room permit issued pursuant to these regulations gives peace officers, fire safety officials, and designated city employees implied consent to enter and to inspect any game room for violations of these regulations.
(1) 
Any peace officer, fire safety official or designated city employee may inspect a permitted game room located within the city to determine whether the game room is in compliance with this section.
(2) 
A person who does not allow a peace officer, fire safety official, or designated city employee to inspect a game room commits an offense. Each peace officer, fire safety official, and designated county employee denied entry is considered a separate violation. Each denial is considered a separate offense. Each day a violation occurs or continues to occur is considered a separate offense.
(e) 
Location of game room.
(1) 
Game rooms will not be allowed on a property located less than three hundred (300) feet from the property line of property owned or occupied by a school, church, or hospital.
(2) 
Game rooms will only be allowed to operate within the L1 zoned areas of the city.
(3) 
Any game rooms currently existing within the location restricted areas 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 permit shall be subject to revocation and such may not be renewed unless they meet all provisions of any applicable law, including the spacing and location requirements of this section.
(Ordinance 2021-03 adopted 3/9/21)
All persons, firms, associations of persons, or corporations owning and operating a game hall, by whatever name called, shall not open their places of business prior to 8:00 a.m. and shall close such establishment at 9:00 p.m. except; however, that on Saturdays such places of business may remain open until 10:00 p.m., and on Sundays such places of business can be open between the hours of 1:00 p.m. and 5:00 p.m.
(Ordinance 2021-03 adopted 3/9/21)
No child under fourteen (14) years of age shall be permitted in a game hall unless accompanied by said child’s parent. No minor under seventeen (17) years of age attending the public schools of the state shall be permitted to be in a game hall within the hours of the daily opening and closing of said public schools.
(Ordinance 2021-03 adopted 3/9/21)
No gambling of any type, kind, or character shall be permitted by any person, firm, association of persons, or corporations owning or operating a game hall within the incorporated limits of the city.
(Ordinance 2021-03 adopted 3/9/21)
(a) 
Every person, firm, association of persons, or corporations owning an amusement redemption machine within the corporate limits of the city shall pay an annual occupation tax on each amusement machine in an amount of one-fourth (1/4) the amount of occupation tax charged by the state, which currently is $60.00.
(b) 
Such tax shall be immediately due and payable following the effective date of this article at the city secretary’s office, and annually thereafter.
(Ordinance 2021-03 adopted 3/9/21)
(a) 
A person commits an offense if the person:
(1) 
Operates or allows operation of a game room within the city limits without a current, valid game room permit issued by the city;
(2) 
Operates a permitted game room during the time that the game room permit is provisionally suspended, or revoked;
(3) 
Knowingly leases, rents, lets, subleases, or sublets property within the city limits on which a game room operates without a valid game room permit issued by the city;
(4) 
Knowingly leases, rents, lets, subleases, or sublets property within the city limits on which a permitted game room operates during the time that the game room permit is provisionally suspended, suspended, or revoked;
(5) 
Operates a permitted game room within the city limits without displaying a current game room permit in a conspicuous location within an area of the business accessible to the public;
(6) 
Operates a permitted game room within the city limits in any manner that violates the “manner of operation” standards set forth in section 4.06.003 of this division;
(7) 
Forges, alters, or counterfeits a game room permit required by this section;
(8) 
Possesses a forged, altered, or counterfeited game room permit required by this section;
(9) 
Allows untaxed and/or unregistered coin-operated machines to be played within the game room; or
(10) 
Violates any section of this division.
(b) 
It is an affirmative defense to prosecution under this section that the game room owner or game room permit holder is a religious, charitable, or educational organization authorized under state law to operate a game room.
(c) 
An offense under this section is a class C misdemeanor.
(Ordinance 2021-03 adopted 3/9/21)
For the purpose of this division, the following terms shall have the meanings respectively ascribed to them:
Amusement redemption establishment.
A building, facility, or other place that is operated for profit by a business or individual and that contains one or more operational amusement redemption machines, but that does not constitute a game room, as defined in this section.
Amusement redemption machine.
A recreational machine that provides a single user or multiple users with an opportunity to receive something of value other than the right of replay. A coin-operated amusement machine designed primarily for children is not an amusement redemption machine.
Game room.
A building, facility, or other place that is operated for profit and that contains six or more operational amusement redemption machines.
Operational machine.
A machine that is ready to be played and is accessible to the public.
(Ordinance 2021-03 adopted 3/9/21)
(a) 
Parking.
(1) 
The cumulative number of amusement redemption machines allowed to operate or be displayed on the premises of an amusement redemption establishment shall not exceed the number of off-street parking spaces available on the premises of the amusement redemption establishment. Each amusement redemption establishment shall have at least one parking space for every two amusement redemption machines, plus at least one parking space for each employee, per shift.
(2) 
A person commits an offense if the person cumulatively operates or displays more amusement redemption machines on any premises than allowed for an amusement redemption establishment as defined in this division for that premises.
(3) 
For the purpose of this section, any amusement redemption machine that allows more than one person to play simultaneously shall be counted as multiple machines, based on the maximum number of simultaneous players. For example, a machine that is designed to be simultaneously played by up to four players shall be counted as four amusement redemption machines.
(b) 
Permits required.
(1) 
Each establishment that operates an amusement redemption machines and does not meet the definition of a game room shall have prominently displayed a current and valid amusement redemption establishment permit issued by the city.
(2) 
Amusement redemption establishment permits may be obtained at city hall by paying the appropriate fee under section 4.06.032(b)(4) or (5) and providing the following information on a form to be supplied by the city:
(A) 
The physical address of the location of the amusement redemption machine;
(B) 
The property tax identification number for the physical address of the location of the amusement redemption machine;
(C) 
The owner of record of the property on which the amusement redemption machine is located, including contact information for said owner;
(D) 
The owner/operator of the business operating the amusement redemption machine, as defined herein, including contact information;
(E) 
The manager of the establishment, including contact information, if different from the owner/operator; and
(F) 
The number of amusement redemption machines at the location.
(3) 
Each amusement redemption establishment permit is nontransferable and is void upon changes in ownership or location of a machine.
(4) 
Application and permit fees;
(A) 
A nonrefundable application fee as specified by the fee schedule, shall be submitted with the application. Such fee shall cover the inspections and investigations required for the permit to be determined to be approved or denied.
(B) 
An annual permit fee as specified by the fee schedule, shall be submitted with the permit application under section 4.06.032, or if the amusement redemption establishment begins operations after the thirtieth (30) day of June of the current year, the application shall be accompanied by a payment as specified by the fee schedule. Such fee shall cover all the costs of ongoing inspections.
(5) 
Amusement redemption establishment permits expire on December 31st of each year. Permittee may renew the permit until January 30th of the next year without incurring late fees. If a game room permit is renewed after January 30th, a late fee as specified by the fee schedule, shall be assessed and added to the permit fee for that year.
(c) 
At all times during operation of an amusement redemption establishment, signs shall be displayed which:
(1) 
Are displayed in a conspicuous manner clearly visible to the public:
(A) 
At each entrance to the amusement redemption establishment; and
(B) 
At each location within the amusement redemption establishment where patrons may collect winnings; and
(2) 
Include written language identical to the following, in English and Spanish: “Gambling is a crime. If you win more than $5.00 per play, you may be arrested and fined $500.00,” and “El juego es un crimen. Si usted gana más de $5.00 por jugada, es posible que sea arrestado y deba pagar una multa de $500.00”; and
(3) 
Appear in contrasting colors with block letters at least one inch in height.
(d) 
An individual or business shall not cause or allow the following:
(1) 
Amusement redemption establishments shall have transparent unobstructed windows or open space on at least one (1) side so that the open 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 an amusement redemption establishment shall not permit any obstruction of any window by the use of drawn shades, blinds, partitions, tinting or other structures or obstructions.
(A) 
It is an affirmative defense to prosecution under subsection (c)(1) above that:
(i) 
The amusement redemption establishment is located in a structure registered as a historic landmark, or the structure is within a historic district and deemed to have architectural or historic significance which would qualify the structure for registration as a historic landmark; and
(ii) 
Compliance with the unobstructed view requirement would require alterations to the structure that would have a substantially detrimental effect on its historic or architectural features.
(2) 
Allowing any person under the age of eighteen (18) years to play on an amusement redemption machine.
(3) 
Allowing the game room to be operated without an attendant.
(4) 
Failure to promptly report to the police department any violations of state law or city ordinances committed by employees or patrons on amusement redemption establishment premises.
(5) 
Require amusement redemption establishment memberships for any purpose.
(A) 
An amusement redemption establishment shall not restrict entry to an amusement redemption establishment and/or prohibit the participation in any activity inside an amusement redemption establishment by a patron through the requirement of an amusement redemption establishment membership.
(B) 
Amusement redemption establishments shall not issue membership cards to any individual for any purpose.
(C) 
Amusement redemption establishments shall not have, make use of, employ, and/or require check-in procedures of any kind prior to entering or before exiting an amusement redemption establishment.
(6) 
A person who operates an amusement redemption establishment in violation of any section of this article commits an offense. Each person denied entry is considered a separate offense. Each membership card issued is considered a separate offense. Each individual subjected to any check in procedure prior to entering or before exiting an amusement redemption establishment is considered a separate offense. Each day a violation occurs or continues to occur is considered a separate offense.
(e) 
Hours of operation regulated.
All persons, firms, associations of persons, or corporations owning and operating a game hall, by whatever name called, shall not open their places of business prior to 8:00 a.m. and shall close such establishment at 9:00 p.m. except; however, that on Saturdays such places of business may remain open until 10:00 p.m., and on Sundays such places of business can be open between the hours of 1:00 p.m. and 5:00 p.m.
(f) 
Minors restricted.
No child under fourteen (14) years of age shall be permitted in a game hall unless accompanied by said child’s parent. No minor under seventeen (17) years of age attending the public schools of the state shall be permitted to be in a game hall within the hours of the daily opening and closing of said public schools.
(g) 
No gambling permitted.
No gambling of any type, kind, or character shall be permitted by any person, firm, association of persons, or corporations owning or operating a game hall within the incorporated limits of the city.
(h) 
Registration of gaming machines.
(1) 
Each permittee shall register each amusement redemption machine located within the establishment.
(2) 
To comply with this requirement, each permittee shall provide the city with the fee specified in section 4.06.032 and a complete registration list including information regarding all gaming machines to be exhibited and/or operated on the premises of the amusement redemption establishment. This list shall include the name and contact information for the owner(s) of the amusement redemption machine(s); make, model, and serial number of each amusement redemption machine; and all documentation required by the state for registration certificates issued under chapter 2153 of the Texas Occupations Code, or any other applicable provision of state law.
(3) 
Each list of amusement redemption machines to be registered shall be submitted by the permittee in conjunction with the initial application or renewal of the associated permit.
(4) 
The registration list shall be posted at the entry to the permitted amusement redemption establishment and on each amusement redemption machine.
(5) 
It shall be the responsibility of the permittee to notify the city of any changes in the registration list, including additional amusement redemption machines installed or located on the premises of the amusement redemption establishment, or the temporary or permanent removal of any registered amusement redemption machine.
(6) 
Registration under this section is nontransferable. Any unregistered amusement redemption machine that replaces a registered amusement redemption machine that is removed or inoperable shall be added to the registration list and a new fee shall be required.
(i) 
Location of game room.
(1) 
Amusement redemption establishments will not be allowed on a property located less than three hundred (300) feet from the property line of property owned or occupied by a school, church, or hospital.
(2) 
Amusement redemption establishments will only be allowed to operate within the L1 zoned areas of the city.
(3) 
Any amusement redemption establishments currently existing within the location restricted areas 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 permit shall be subject to revocation and such may not be renewed unless they meet all provisions of any applicable law, including the spacing and location requirements of this section.
(j) 
Inspection.
Peace officers, fire safety officials, and designated city employees are authorized to inspect any business in the city of liberty for violations of these regulations. These regulations do not authorize a right of entry prohibited by law. Peace officers, fire safety officials, and designated city employees may enter a business with consent, whether that consent is implied or express, with a warrant, or under exigent circumstances.
(1) 
Any peace officer, fire safety official or designated city employee may inspect an amusement redemption establishment located within the city to determine whether the amusement redemption establishment is in compliance with this section.
(2) 
A person who does not allow a peace officer, fire safety official, or designated city employee to inspect an amusement redemption establishment commits an offense. Each peace officer, fire safety official, and designated county employee denied entry is considered a separate violation. Each denial is considered a separate offense. Each day a violation occurs or continues to occur is considered a separate offense.
(Ordinance 2021-03 adopted 3/9/21)
(a) 
An annual registration fee as specified by the fee schedule, for each amusement redemption machine shall be submitted with the registration list under section 4.06.032(h), or if the initial registration takes place after the thirtieth (30th) day of June of the current year, the application shall be accompanied by a payment as specified by the fee schedule.
(b) 
The term of each amusement redemption machine registration shall run concurrently with the amusement redemption establishment permit obtained by the permittee, so each registration shall expire on December 31st of each year.
(Ordinance 2021-03 adopted 3/9/21)
(a) 
Every person, firm, association of persons, or corporations owning an amusement redemption machine within the corporate limits of the city shall pay an annual occupation tax on each amusement machine in an amount of one-fourth (1/4) the amount of occupation tax charged by the state, which currently is $60.00.
(b) 
Such tax shall be immediately due and payable following the effective date of this article at the city secretary’s office, and annually thereafter.
(Ordinance 2021-03 adopted 3/9/21)
(a) 
A person commits an offense if the person:
(1) 
Operates an amusement redemption establishment within the city limits in any manner that violates the “manner of operation” standards set forth in section 4.06.032 of this division;
(2) 
Allows untaxed and/or unregistered coin-operated machines to be played within the amusement redemption establishment; or
(3) 
Violates any section of this division.
(b) 
An offense under this section is a class C misdemeanor.
(Ordinance 2021-03 adopted 3/9/21)