For the purpose of this article, the following definitions shall apply, unless the context clearly indicates or requires a different meaning:
Amusement center.
All business establishments containing ten or more gaming and amusement machines or business establishments that derive the majority of their income from gaming and amusement machines.
Gaming and amusement machine.
Any gaming and amusement machine when such machine or machines dispense 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. The following are expressly included within said terms: video games, computer games, pinball machines, miniature racetrack machines, miniature football machines, miniature golf machines, miniature bowling machines and all other gaming and amusement machines which dispense or afford skill or pleasure.
Service gaming and amusement machines.
All machines or devices which dispense services or merchandise only and are not for skill or pleasure.
Operator.
Any person, firm, company, association or corporation who exhibits, displays or permits to be exhibited or displayed in his, her or its place of business or upon the premises under his, her or its control any gaming and amusement machines in this city.
Owner.
Any person, individual, firm, company, association or corporation owning or having the care, control, management or possession of any such gaming and amusement machines in the city.
Residential area.
A predominately residential area with at least 51% of the improved lots zoned for or occupied by single-family dwelling units.
(Ordinance 82-437 adopted 7/27/82; Ordinance 09-02 adopted 4/16/09; 1994 Code, sec. 112.01; Ordinance adopting 2021 Code)
Any person, firm, corporation or association violating any of the provisions of this article shall, upon conviction of the violation, be deemed guilty of a misdemeanor and shall be fined in accordance with the general penalty provided in section 1.01.009 of this code. Each day such violation continues shall constitute a separate offense.
(Ordinance 09-02 adopted 4/16/09; 1994 Code, sec. 112.99; Ordinance adopting 2021 Code)
(a) 
No person shall maintain, display for public patronage, or otherwise keep for operation by the public any gaming and amusement machine without first obtaining a permit issued under the terms and conditions of this article.
(b) 
No permit is required for an individual to own, maintain, or offer for use to the public any gaming and amusement pleasure or amusement machine designed exclusively for use by children under the age of ten years, such as gaming and amusement riding machines and other related gaming and amusement machines.
(Ordinance 82-437 adopted 7/27/82; Ordinance 09-02 adopted 4/16/09; 1994 Code, sec. 112.02)
A permit issued under this article:
(1) 
Is an annual license which expires December 31 of each year unless it is suspended or cancelled earlier;
(2) 
Is effective for a single place of business only;
(3) 
Vests no property right in the permittee except to maintain, display for public patronage, and permit the use of skill or pleasure gaming and amusement machines in accordance with the terms and conditions of this article.
(Ordinance 82-437 adopted 7/27/82; Ordinance 09-02 adopted 4/16/09; 1994 Code, sec. 112.03)
(a) 
Annual fee.
Every owner who owns, controls, possesses, exhibits, displays or who permits to be exhibited or displayed in this city any gaming and amusement machines is hereby levied an annual permitting fee as set forth in the fee schedule in appendix A of this code.
(b) 
Replacement of permit.
The fee for issuing a replacement annual permit for one lost, destroyed or mutilated is as set forth in the fee schedule in appendix A of this code.
(c) 
Proration of fee.
All partial year permits shall be prorated on a monthly basis from the first day of the month during which the applicant makes written application for a permit.
(Ordinance 82-437 adopted 7/27/82; Ordinance 09-02 adopted 4/16/09; Ordinance 18-05 adopted 9/28/18; 1994 Code, sec. 112.04; Ordinance adopting 2021 Code)
Gas meters, pay telephones, pay toilets, food-vending machines, confection-vending machines, merchandise-vending machines, beverage-vending machines, and cigarette-vending machines which are now subject to an occupation or gross receipts tax levied by the state, stamp-vending machines, and service gaming and amusement machines, as that term is defined herein, are expressly exempt from the fee levied herein.
(Ordinance 82-437 adopted 7/27/82; Ordinance 09-02 adopted 4/16/09; 1994 Code, sec. 112.05)
A permit issued under this article shall be displayed at or near the entrance of the business premises, and such display shall be permanent and conspicuous.
(Ordinance 82-437 adopted 7/27/82; Ordinance 09-02 adopted 4/16/09; 1994 Code, sec. 112.06)
An applicant for a permit under the provisions of this article shall file with the city secretary a written application on a form provided for that purpose which shall be signed by the applicant, who shall be the owner or operator of the business sought to be licensed. A separate application must be filed for each location sought to be permitted. The following information is required in the application:
(1) 
Name, address, and telephone number of the applicant, including the trade name by which the applicant does business and the street address of the premises, and if incorporated, the name registered with the secretary of state;
(2) 
Name, address, and telephone number of the operator of the premises to be permitted and name, address and telephone number of the owner of the gaming and amusement machines;
(3) 
Name, address, and telephone number of the owner of the premises to be permitted;
(4) 
Number of gaming and amusement devices in the premises to be permitted;
(5) 
Whether a previous license of the applicant, or if applicable, corporate officer of the applicant, has been revoked within two years of filing of the application; and
(6) 
A statement that all the facts contained in the application are true.
(Ordinance 82-437 adopted 7/27/82; Ordinance 09-02 adopted 4/16/09; 1994 Code, sec. 112.07)
The city secretary shall refuse to approve issuance or renewal of a permit for one or more of the following reasons:
(1) 
A false statement as to a material matter made in an application for a permit;
(2) 
Revocation of a permit, pursuant to this article, of the applicant or corporate officer of the applicant within two years preceding the filing of the application;
(3) 
The applicant for such license has, within the past ten years, been convicted of a crime involving moral turpitude, including but not limited to any felony or any theft offense conviction;
(4) 
The city secretary shall not issue or renew a permit under this article and shall suspend or cancel a permit if it be determined that the applicant or permittee is indebted to the city for any fee, costs, penalties, or delinquent taxes.
(Ordinance 82-437 adopted 7/27/82; Ordinance 09-02 adopted 4/16/09; 1994 Code, sec. 112.08)
A replacement permit may be issued for one lost, destroyed, or mutilated, upon application on a form provided by the city secretary. A replacement permit shall have the word “REPLACEMENT” stamped across its face and shall bear the same number as the one it replaces.
(Ordinance 82-437 adopted 7/27/82; Ordinance 09-02 adopted 4/16/09; 1994 Code, sec. 112.09)
A permit issued under the provisions of this article shall not be assignable or transferable.
(Ordinance 82-437 adopted 7/27/82; Ordinance 09-02 adopted 4/16/09; 1994 Code, sec. 112.10)
A permittee hereunder shall not permit any of the following activities within the permitted premises:
(1) 
The sale, purchase, possession or consumption of any alcoholic beverages as the same is defined by the Texas Alcoholic Beverage Code, unless the premises are licensed under the provisions of said code and the ordinances of the city for the sale, purchase, possession, or consumption of alcoholic beverages.
(2) 
No gaming and amusement machines shall be operated or permitted to operate within 500 feet of any school building in the city during the hours from 7:00 a.m. until 5:00 p.m. on days when the school or such school building is in operation for the carrying out and performance of school activities.
(Ordinance 82-437 adopted 7/27/82; Ordinance 82-438 adopted 8/24/82; Ordinance 09-02 adopted 4/16/09; 1994 Code, sec. 112.11)
If any individual, company, corporation or association who owns, operates, exhibits, or displays any gaming and amusement machine in the city shall violate any provision of this article, the city secretary shall have the power and authority to cancel all permits issued hereunder to any of the foregoing by giving written notice, stating the reason justifying such cancellation, and the same shall be cancelled 15 days from the date of such notice. No permit shall be issued within a period of one year to anyone whose permit has been cancelled, except at the discretion of the city council. If the permit of an individual, company, corporation, or association owning, operating, or displaying gaming and amusement machines in this city is cancelled, such individual, company, corporation or association shall not operate, display or permit to be operated or displayed such machines until the new permit is granted.
(Ordinance 82-437 adopted 7/27/82; Ordinance 09-02 adopted 4/16/09; 1994 Code, sec. 112.12)
If the city secretary refuses to approve the issuance of the permit or the renewal of a permit to an applicant, or cancels a permit or the renewal of a permit to an applicant, or cancels a permit issued under this article, this action is final unless the applicant or licensee, with 15 days after the receipt of written notice of the action, files a written appeal with the city secretary to the city council setting forth specific grounds for the appeal. The city council shall, within 30 days, grant a hearing to consider the action. The city council has authority to sustain, reverse, or modify the action appealed. The decision of the city council is final.
(Ordinance 82-437 adopted 7/27/82; Ordinance 09-02 adopted 4/16/09; 1994 Code, sec. 112.13)
The owner and/or operator of a business possessing current permits on their gaming and amusement machines shall be regulated by the provisions contained in Ordinances No. 36 and No. 297 through December 31, 1982. As of January 1, 1983, all owners and operators of businesses possessing or providing gaming and amusement machines for skill or pleasure shall be subject to all of the provisions of this article, except amusement centers presently legally licensed to conduct business in a residential area. Said amusement centers presently licensed to conduct business in a residential area shall be exempt from section 5.04.015, unless such amusement center ceases to function as an amusement center for any continuous 90-day period, at which time it shall become subject to compliance with all the provisions of this article.
(Ordinance 82-437 adopted 7/27/82; Ordinance 09-02 adopted 4/16/09; 1994 Code, sec. 112.15)
(a) 
The premises in which such gaming and amusement machines are located shall conform to all building codes and fire prevention codes of the city and the fire marshal of the city and his or her assistants and the building official may enter into the premises where such machines are located at any time during normal business hours for the purpose of inspecting said premises for fire hazards or other code violations.
(b) 
All law enforcement personnel of the city shall have the right to enter into said premises at any time during normal business hours for the purpose of enforcement of the terms of this article.
(Ordinance 82-437 adopted 7/27/82; Ordinance 09-02 adopted 4/16/09; 1994 Code, sec. 112.16)
Nothing herein shall be construed or have the effect to license, permit, authorize or legalize any machine, device, table, or gaming and amusement machine, the keeping, exhibition, operation, display or maintenance of which is now illegal or in violation of any ordinance of the city or section of the Penal Code of this state, or the constitution of this state.
(Ordinance 82-437 adopted 7/27/82; Ordinance 09-02 adopted 4/16/09; 1994 Code, sec. 112.17)