The following definitions shall apply throughout this article,
unless specifically indicated otherwise:
Any kind of machine or device operated by or with a coin,
metal slug, token, or check that dispenses, or is used or is capable
of being used to dispense or afford, amusement, skill, or pleasure
or is operated for any purpose, other than for dispensing only merchandise,
music, or service. The term includes a marble machine, marble table
machine, marble shooting machine, miniature racetrack machine, miniature
football machine, miniature golf machine, miniature bowling machine,
billiard or pool game, or machine or device that dispenses merchandise
or commodities or plays music in connection with or in addition to
dispensing skill or pleasure; the term does not include any amusement
machine designed exclusively for a child or otherwise prohibited by
this article. (An “amusement machine” pursuant to this
definition is the same as a “skill or pleasure coin-operated
machine” pursuant to Texas Occupations Code section 2153.002(9),
as amended.)
Any structure where one 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, “person”
shall mean any individual, firm, corporation, company, partnership,
joint venture, organization, or any other or entity.
(Ordinance 693 adopted 5/14/02; 2004 Code, sec. 4.1401)
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 693 adopted 5/14/02; 2004 Code, sec. 4.1402)
(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; or
(4)
Amusement machines provided on the premises of publicly owned facilities.
(Ordinance 693 adopted 5/14/02; 2004 Code, sec. 4.1403)
(a)
The annual permit fee for each amusement machine establishment shall be as set forth in the fee schedule in appendix A of this code.
(b)
No
permit shall be issued until the applicant has paid the required permit
fee.
(Ordinance 693 adopted 5/14/02; 2004 Code, sec. 4.1404; Ordinance adopting 2021 Code)
(a)
A
person desiring a permit to operate an amusement machine establishment
shall file a written application with the city manager or his/her
designee. The application must be on a form provided by the city manager
or his/her designee and include 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 of Texas;
(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 (including the street address) and the mailing
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 manager or his/her
designee 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 lottery, including an eight-liner
or other such machine for which payments, prizes, tickets, coupons,
certificates, or other returns of any sort are awarded, and that none
of the machines is 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 693 adopted 5/14/02; Ordinance 707 adopted 6/10/03; 2004 Code,
sec. 4.1405)
(a)
The city manager or his/her designee shall issue a permit after the city manager or his/her designee 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 has paid the occupation tax pursuant to section 4.11.002 above. 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 manager or his/her designee 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 4.11.002 above for each replacement or additional amusement machine, and amend the application with the city manager or his/her designee to update and reflect accurately the information required pursuant to section 4.11.005 above. Upon such payment of the occupation tax and amendment of the application, the city manager or his/her designee 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 manager or his/her designee 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 693 adopted 5/14/02; Ordinance 707 adopted 6/10/03; 2004 Code,
sec. 4.1406)
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 693 adopted 5/14/02; 2004 Code, sec. 4.1407)
(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 manager or his/her designee. 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)
The
permit must 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 693 adopted 5/14/02; Ordinance 707 adopted 6/10/03; 2004 Code,
sec. 4.1408)
(a)
The
city manager or his/her designee shall deny an application for a permit
if the city manager or his/her designee finds any of the following:
(1)
The applicant failed to furnish the city with all information required by section 4.11.005 above;
(2)
The applicant has ever been convicted of:
(A)
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, 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 manager or his/her designee 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.
(c)
A
denial is final and effective on the day the city manager or his/her
designee denies the permit.
(Ordinance 693 adopted 5/14/02; Ordinance 707 adopted 6/10/03; 2004 Code,
sec. 4.1409)
(a)
The
city manager or his/her designee 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 of:
(A)
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, 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;
(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.
(b)
The
city manager or his/her designee 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.
(c)
A revocation is final and effective eleven days after the city manager or his/her designee mails the notice of the revocation, unless the person listed on the application appeals the revocation as prescribed by section 4.11.011, in which case the revocation is stayed until the city council makes a final determination.
(Ordinance 693 adopted 5/14/02; Ordinance 707 adopted 6/10/03; 2004 Code,
sec. 4.1410)
(a)
To
contest the denial or revocation, the person listed on the application
for the permit may file with the city manager or his/her designee,
within ten days after the city manager or his/her designee mails notice
of denial or revocation, a written appeal for a hearing before the
city council.
(b)
After
an appeal is filed, the city manager or his/her designee 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 manager or his/her designee, and the reasons
for such action. The city manager or his/her designee 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.
(c)
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 693 adopted 5/14/02; Ordinance 707 adopted 6/10/03; 2004 Code,
sec. 4.1411)
Any amusement machine or other machine or device of any kind
or character that awards, dispenses, or otherwise produces any payments,
prizes, tickets, coupons, certificates, or other returns of any sort
shall be prohibited within the corporate limits of the city.
(Ordinance 693 adopted 5/14/02; 2004 Code, sec. 4.1412)
Any establishments where amusement machines are present and
maintained as the primary use (as defined in the zoning ordinance)
must prohibit persons under 18 years of age from entering any portion
of the building that contains such amusement machines. A clearly posted
sign must state in legible letters at least 3 inches high that “PERSONS
18 UNDER YEARS OF AGE MAY NOT ENTER THESE PREMISES.”
(Ordinance 693 adopted 5/14/02; 2004 Code, sec. 4.1413)
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 693 adopted 5/14/02; 2004 Code, sec. 4.1414)
(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 proceeding
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 in accordance with the general penalty provision set forth in section 1.01.009 of this code shall be levied against any person 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 Texas Occupations Code, section 2153.002, as amended) for which the city’s occupation tax has not been paid, and shall charge a fee as set forth in the fee schedule in appendix A of this code for the release of any machine so sealed for nonpayment of tax (as authorized by Texas Occupations Code, section 2153.352).
(Ordinance 693 adopted 5/14/02; 2004 Code, sec. 4.1415; Ordinance adopting 2021 Code)
