The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Amusement center.
A public place or building where coin-operated amusement devices are located and at least 50 percent of the public floor area is devoted to coin-operated devices and their public use.
Chief of police.
The chief of police of the city or his designated agent.
Coin-operated amusement device.
A machine or device operated by insertion of a coin, token, or similar object, for the purpose of amusement or skill. This term does not include coin-operated mechanical musical devices or billiard tables.
Licensee.
A person licensed to operate an amusement center.
Operator.
A person who manages or controls an amusement center.
Person.
An individual, assumed name entity, partnership, joint venture, association, corporation, or other legal entity.
(Ordinance 75-75, sec. I, adopted 1/21/75)
A person violating a provision of this article, upon conviction, is punishable by a in accordance with the general penalty provided in section 1.01.009 of this code for each offense, and each day such violation continues shall constitute a separate offense.
(Ordinance 75-75, sec. XII, adopted 1/21/75)
The provisions of this article do not apply to an amusement center located on property owned by a governmental entity.
(Ordinance 75-75, sec. III, adopted 1/21/75)
(a) 
Except as provided in subsection (b), no licensee or his operator may operate an amusement center between the hours of 12:01 a.m. to 7:00 a.m., Monday through Friday, and between the hours of 2:00 a.m. to 7:00 a.m., Saturday and Sunday.
(b) 
To operate an amusement center continuously, a licensee must obtain a special permit for that purpose from the city council.
(Ordinance 75-75, sec. X, adopted 1/21/75)
A licensee or his operator may not permit any of the following activities within the amusement center:
(1) 
Violation of any possession, sale, or delivery provision in subchapter 4 of the Texas Controlled Substances Act;
(2) 
Violation of any provision in chapter 106, V.T.C.A., Alcoholic Beverage Code;
(3) 
Prostitution; or
(4) 
Gambling.
(Ordinance 75-75, sec. XI, adopted 1/21/75)
No person may operate an amusement center in the city without first obtaining a license from the chief of police.
(Ordinance 75-75, sec. II, adopted 1/21/75)
(a) 
An applicant for a license shall file with the chief of police a written application on a form provided for that purpose, which shall be signed by the applicant, who shall be the owner of the amusement center. Should an applicant maintain an amusement center at more than one location, a separate application must be filed for each location. 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 amusement center, and, if incorporated, the name registered with the secretary of state;
(2) 
Name, address, and telephone number of the operator of the amusement center and proof that the operator is at least 18 years of age;
(3) 
Whether the applicant, operator, and, if applicable, any corporate officer of the applicant has been convicted within the preceding five years of an offense involving drugs, gambling, prostitution, or obscenity;
(4) 
The previous occupation of the applicant, operator, and, if applicable, all corporate officers of the applicant within the preceding five years;
(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;
(6) 
Number of coin-operated amusement devices in the center; and
(7) 
A statement that all the facts contained in the application are true.
(b) 
The chief of police may require additional information of an applicant or licensee to clarify items on the application.
(c) 
No applicant may maintain an amusement center in violation of the comprehensive zoning ordinance of the city.
(Ordinance 75-75, sec. IV, adopted 1/21/75)
The annual fee for an amusement center license is the amount established in appendix A to this code for each coin-operated amusement device located in the center. Amusement center licenses expire one year from the date of issuance. The fee for issuing a replacement license for one lost, destroyed, or mutilated is in the amount established in appendix A to this code. The fee is payable to the department of revenue and taxation upon approval of the license by the chief of police. No refund of license fees will be made.
(Ordinance 75-75, sec. V, adopted 1/21/75; Ordinance adopting Code)
(a) 
Each license issued pursuant to this article must be posted and kept in a conspicuous place in the amusement center and must state the number of coin-operated amusement devices for which the license was issued.
(b) 
A replacement license may be issued for one lost, destroyed, or mutilated, upon application on a form provided by the chief of police. A replacement license shall have the word “REPLACEMENT” stamped across its face and shall bear the same number as the one it replaces.
(c) 
An amusement center license is not assignable or transferable.
(d) 
A licensee shall notify the chief of police within ten days of a change or partial change in the ownership or management of the amusement center, or a change of address or trade name.
(Ordinance 75-75, sec. VI, adopted 1/21/75)
The chief of police shall refuse to approve issuance or renewal of an amusement center license for one or more of the following reasons:
(1) 
A false statement as to a material matter made in an application for a license;
(2) 
Conviction within the preceding five years of the applicant, his operator, or corporate officer of the applicant of an offense involving drugs, gambling, prostitution, or obscenity; or
(3) 
Revocation of a license, pursuant to this article, of the applicant or a corporate officer of the applicant within two years preceding the filing of the application.
(Ordinance 75-75, sec. VII, adopted 1/21/75)
(a) 
The chief of police shall revoke an amusement center license for one or more of the following reasons:
(1) 
A false statement as to a material matter made in an application for a license, a license renewal or a hearing concerning the license;
(2) 
Conviction of the licensee, his operator, or corporate officer of the licensee of an offense involving drugs, gambling, obscenity, or prostitution;
(3) 
Conviction twice within a one-year period of the licensee or his operator for a violation of the hours of operation provision of this article;
(4) 
Employment by the licensee of an operator who is under 18 years of age;
(5) 
Operation of an amusement center containing more coin-operated amusement devices than the center is licensed for; or
(6) 
Violation by the licensee or his operator of section 4.03.005 of this article.
(b) 
The chief of police shall send written notice of revocation to a licensee by certified mail, return receipt requested, setting forth the reasons for the revocation.
(Ordinance 75-75, sec. VIII, adopted 1/21/75)
If the chief of police refuses to approve the issuance of a license or the renewal of a license to an applicant, or revokes a license issued to a licensee under this article, this action is final unless the applicant or licensee, within ten days after the receipt of written notice of the action, files with the mayor a written appeal. The mayor shall, within ten days after the appeal is filed, consider all the evidence in support of or against the action appealed, and render a decision either sustaining or reversing the action. If the mayor sustains the action, the applicant or licensee may, within ten days of that decision, file 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 75-75, sec. IX, adopted 1/21/75)