The following definitions shall apply throughout this article,
unless specifically indicated otherwise:
Any machine or device of any kind or character, that is operated
by or with coins, metal slugs, tokens, or checks, when such machine
dispenses or is used or is capable of being used or operated for amusement
or pleasure or when such machine is 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 the
V.T.C.A., Occupations Code, chapter 2153, as amended. (An “amusement
machine” pursuant to this definition is the same as a “skill
or pleasure coin-operated machine” pursuant to the V.T.C.A.,
Occupations Code, chapter 2153, as amended.) An “amusement machine”
shall also include any billiard tables operated for profit, whether
operated by or with coins, metal slugs, tokens, or checks inserted
into the machine or paid to an attendant.
Any structure where four or more amusement machines are operated
for profit.
For the purposes of this article, a person is considered
convicted if a sentence is imposed on the person, the person is placed
on community supervision (including deferred adjudication community
supervision), or the court defers final disposition of the person’s
case.
Any person to whom a permit has been issued under this article,
including without limitation the permittee individually and any agent,
employee or other person acting under the authority of the permit
issued by the city.
Unless specifically indicated otherwise, any individual,
firm, corporation, company, partnership, joint venture, organization,
or any other or entity.
(Ordinance 1301-2021 adopted 1/12/21)
There is hereby levied upon every person owning an amusement
machine establishment within the corporate limits of the city 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.
(Ordinance 594 adopted 10/23/01)
It shall be a violation of this article to fail to pay an occupation tax levied by the city as authorized by article VIII, section 1(f), of the Texas Constitution and by state statute.
(Ordinance 594 adopted 10/23/01)
(a)
Except as provided in subsection (b), below, it shall be unlawful for any person, individually or in association with others, to operate an amusement machine establishment without having a valid, current annual permit issued by the city and without having a valid, current decal issued by the city for each amusement machine being displayed or operated in the establishment.
(b)
The
permitting and regulating provisions of this article do not apply
to:
(1)
Amusement machines kept in private residences or apartments and used
without charge by members of the family or bona fide guests;
(2)
Amusement machines provided on the premises of religious, charitable,
educational, or fraternal organizations for the use of members or
their guests, and not for private profit, although a charge is made
for playing;
(3)
Amusement machines provided on the premises of bona fide clubs or
social organizations, not operated for private profit although a charge
is made for playing, which provide other membership privileges and
activities usual in bona fide private clubs organized for the promotion
of some common object and whose members must be individually passed
upon and elected as members by a committee or board made up of members
of the club and its affairs and management shall be conducted by a
board of directors, executive committee or similar body chosen by
the members at their annual meetings;
(4)
Amusement machines provided on the premises of publicly owned facilities;
or
(5)
Three (3) or less amusement machines located on the premises of bona
fide business with an approved certificate of occupancy provided that
none of the machines will be operated in a way that constitutes an
illegal gambling device as defined by section 47.01(4) of the Texas
Penal Code, as amended.
(Ordinance 1301-2021 adopted 1/12/21)
(a)
The
annual permit fee for each amusement machine establishment that displays
four (4) or more amusement machines shall be three hundred dollars
($300.00).
(b)
No
permit shall be issued until the applicant has paid the required permit
fee.
(Ordinance 1301-2021 adopted 1/12/21)
(a)
A
person desiring a permit to operate an amusement machine establishment
shall file a written application with the city secretary. The application
must be on a form provided by the city secretary as provided for by
the city secretary that includes the following information:
(1)
The full name, home address, and home telephone number of the applicant.
(2)
All of the following business information that applies:
(A)
The business trade name and a general description of the business
and the address and phone number of the business;
(B)
If the applicant is a limited partnership, a certified copy of the
certificate of limited partnership;
(C)
If the applicant is a corporation, a certified copy of the articles
of incorporation and, for an out-of-state corporation, the certificate
of authority to do business in the state;
(D)
The name and address of all partners or shareholders with 20 percent
or greater interest in the business; and
(E)
The federal tax identification number of the organization for which
the person works or with which the person is affiliated.
(3)
The physical location and street address where the establishment
will be operated.
(4)
The total number of amusement machines that will be located and available
for use in the establishment.
(5)
A complete description of all amusement machines that will be located
in the establishment, including without limitation the name or type
of the machine, the serial number of the machine, and every owner
of the machine (if different from the applicant).
(6)
The total floor area of the establishment, and the total floor area
of that portion of the establishment that is to be open to customers
or patrons for the use or operation of amusement machines.
(7)
If the applicant has been convicted of any crime directly related
to an amusement machine establishment, the date, location, and nature
of the offense and the penalty received.
(8)
Such other and additional information as the city secretary may deem
necessary to assure that the applicant meets the requirements of this
article.
(b)
Applications
for all permits shall contain the statements that:
(1)
“I understand that the permit applied for shall be subject
to all the provisions and regulations of the city code and all other
ordinances of the city and laws of the state, and I certify that I
and all of my employees, agents, and operators will comply with said
ordinances and laws”; and
(2)
“I certify that none of the machines will be operated in a
way that constitutes an illegal gambling device as defined by section
47.01(4) of the Texas Penal Code, as amended.”
(c)
The
application shall be signed and sworn to by the applicant before a
notary public.
(Ordinance 1301-2021 adopted 1/12/21)
(a)
The city secretary shall issue a permit after the police chief has completed the necessary investigation and determined that the applicant meets the requirements of and has fully complied with this article and with all other ordinances and laws of the city and state and the city secretary has verified that the permittee has paid the occupation tax pursuant to section 4.06.002. Permits shall be deemed personal to the permittee and shall not be assignable or transferable from one person to another or one location or place of business to another.
(b)
Upon issuance of a permit under subsection (a) above, the city secretary shall issue a decal for every amusement machine located in a permitted amusement machine establishment that is listed on the permit.
(1)
The decal for each amusement machine is deemed personal to the machine
and location for which it is issued. No decal attached to an amusement
machine shall be placed on another amusement machine. No amusement
machine may be moved to another business location or business establishment
in the city without first amending the permittee’s application
and obtaining a new decal for the machine.
(2)
Before replacing an amusement machine(s) or adding an amusement machine(s) to an establishment, the permittee shall pay an occupation tax pursuant to section 4.06.002 of this article for each replacement or additional amusement machine, and amend the application with the city secretary to update and reflect accurately the information required pursuant to section 4.06.006(a)(5). Upon such payment of the occupation tax and amendment of the application, the city secretary shall issue a decal(s) for the replacement or additional amusement machine(s). If the total number of permitted amusement machines has changed, the city secretary shall also issue an amendment to the permit specifying the revised number of amusement machines allowed in the establishment and the date of such amendment.
(Ordinance 1301-2021 adopted 1/12/21)
The permit shall be valid from the date of issuance until December
31 of the year the permit was issued. The decal shall be valid until
the amusement machine is moved from the location for which it is issued.
(Ordinance 594 adopted 10/23/01)
(a)
The
permit shall state on its face to whom it is issued, the date it will
expire, the address and location of the establishment, and the type
of establishment authorized to be operated. The permit shall be signed
and sealed by the city secretary. A permittee, while engaged in the
operation of business, shall have the permit posted in a conspicuous
place at or near the entrance and in such a place and position that
it is easy to read at any time of day or night.
(b)
In addition to the information contained on a permit pursuant to subsection (a), a permit for an amusement machine establishment must also state on its face the total number of amusement machines allowed in the establishment and the serial number and decal number of each amusement machine. Every amusement machine in an amusement machine establishment shall contain a decal.
(Ordinance 594 adopted 10/23/01)
(a)
The
city secretary shall deny an application for a permit if the city
secretary finds any of the following:
(2)
The applicant has ever been convicted:
(A)
Of any felony or class A or B misdemeanor directly related to gambling,
theft from a customer of a business owned or operated by the applicant,
or any other crime directly related to the applicant’s operation
of an amusement machine establishment; or
(B)
Within the five years before applying for the permit, of any class
C misdemeanor directly related to gambling, theft from a customer
of a business owned or operated by the applicant, or any other crime
directly related to the applicant’s operation of an amusement
machine establishment; or
(3)
Evidence that the applicant does not meet the requirements of this
article or any other ordinances or laws of the city or state.
(b)
The
city secretary shall note the reasons for denial on the application
and shall notify the applicant of the denial by mailing notice to
the applicant at the address shown on the application.
(Ordinance 594 adopted 10/23/01)
The city secretary shall revoke a permit if it is determined
that:
(1)
The
establishment is not being operated in accordance with this article
or with any ordinances or laws of the city or state;
(2)
Any
statement made in the application is untrue;
(3)
The
applicant has ever been convicted:
(A)
Of any felony or class A or B misdemeanor directly related to gambling,
theft from a customer of a business owned or operated by the applicant,
or any other crime directly related to the applicant’s operation
of an amusement machine establishment;
(B)
Within the five years before applying for the permit of any class
C misdemeanor directly related to gambling, theft from a customer
of a business owned or operated by the applicant, or any other crime
directly related to the applicant’s operation of an amusement
machine establishment; or
(4)
The applicant falsely certified to the statements required by section 4.06.006(b); or
(5)
The
applicant displayed or operated an amusement machine that did not
have a decal or was not listed on the permit for the amusement machine
establishment.
(Ordinance 594 adopted 10/23/01)
(a)
The
city secretary shall give written notice of the reason for denial
or revocation of a permit by mailing notice to the applicant at the
address shown on the application for the permit.
(b)
To
contest the denial or revocation, the person listed on the application
for the permit may file with the city secretary, within ten days after
the city secretary mails notice of denial or revocation, a written
appeal for a hearing before the city manager.
(1)
A denial is final and effective on the day the city secretary denies
the permit.
(2)
A revocation is final and effective eleven days after the city manager
mails the notice of the revocation, unless the person listed on the
application appeals the revocation as prescribed by this section,
in which case the revocation is stayed until the city council makes
a final determination.
(c)
After
an appeal is filed, the city secretary shall provide the city council
with a record of all proceedings conducted with regard to the application
for a permit, including the written application, the action of the
city secretary, and the reasons for such action. The city secretary
shall provide to the person listed on the application a copy of this
information at least 24 hours before the hearing, if the person requests
such information in writing.
(d)
The
city council must hold a hearing on the appeal of the denial or revocation
of a permit within 30 days after the date of filing of the appeal,
unless the appellant waives in writing the right to a hearing within
30 days. The decision of the city council shall be final and conclusive
as to all parties.
(Ordinance 594 adopted 10/23/01; Ordinance 1239-2019, sec. 25, adopted 8/13/19)
It shall be a violation of this article to display any amusement
machine or operate any amusement machine establishment that does not
meet the requirements of this article and any other ordinances or
laws of the city or state.
(Ordinance 594 adopted 10/23/01)
(a)
In
case of any willful violation of any of the terms and provisions of
this article, the city may institute any appropriate action or proceedings
in any court of appropriate jurisdiction to restrain, correct, or
abate such violation. For violations of this article, the city may
also invoke civil remedies provided by the laws of the state, which
shall be cumulative and subject to prosecutions prescribed for such
violations.
(b)
A fine not to exceed an amount as provided in section 1.01.009 shall be levied against any permittee upon conviction of any violation of any provision of this article. Each day shall constitute a separate offense.
(c)
In
addition, the city is authorized to seal any coin-operated machine
(as that term is defined in V.T.C.A., Occupations Code, chapter 2153,
as amended) for which the city’s occupation tax has not been
paid, and shall charge a fee of $5.00 for the release of any machine
so sealed for nonpayment of tax (as authorized by V.T.C.A., Occupations
Code, chapter 2153, as amended).
(d)
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this article shall be fined as provided in section 1.01.009 for each offense. Each day that a violation is permitted to exist shall constitute a separate offense.
(Ordinance 594 adopted 10/23/01)
