This article is intended to provide a safe and orderly means
to operate a game room within the corporate limits of the city. The
regulations in this article are deemed necessary for the protections
of the health, safety, and general welfare of the businesses and citizens
of the city.
(Ordinance 2020-1027-04 adopted 10/27/20)
The following words, terms, and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
A recreational machine that provides the user with an opportunity
to receive something of value other than a right of replay and which
complies with all applicable federal, state and local laws and regulations
applicable to such machines.
A skill or pleasure coin-operated machine that is designed,
made and adapted solely for bona fide amusement purposes, and that
by operation of chance or a combination of skill and chance affords
the user an opportunity to receive exclusively non-cash merchandise
prizes, toys, novelties, or a representation of value redeemable for
those items.
Any electronic, electromechanical or mechanical contrivance
designed, made and adapted solely for bona fide amusement purposes
if the contrivance rewards the player exclusively with non-cash merchandise,
prizes, or novelties, or a representation of value redeemable for
those items, that have a wholesale value available from a single play
of the game or device of not more than ten times the amount charged
to play the game or device once or $5.00, whichever amount is less.
Any establishment, building, facility, or other place where
two or more amusement redemption machines, with the exception of excluded
machines, are displayed or exhibited for public use.
A police officer, code enforcement officer, building official
of the city, or other as designated by the city manager.
A machine that awards the user non-cash merchandise prizes,
toys or novelties solely and directly from the machine, including
claw, crane, or similar machines;
A machine from which the opportunity to receive non-cash merchandise
prizes, toys, or novelties, or a representation of value redeemable
for those items, varies depending upon the user’s ability to
throw, roll, flip, toss, hit, or drop a ball or other physical object
into the machine or a part thereof, including basketball, skeet ball,
golf, bowling, pusher, or similar machines; or
A machine or any device defined in V.T.C.A., Penal Code, §
47.01 as a gambling device, or any activity prohibited or described
in V.T.C.A., Penal Code ch. 47.
A person who has an ownership interest of at least 25 percent
in a game room.
Any person, individual, firm, company, association, or corporation
operating an amusement redemption machine game room in the city.
An amusement redemption machine that is ready to be played
and which is accessible to the public.
Any person, individual, firm, company, association, or corporation
maintaining, displaying for public patronage, or otherwise keeping
for operation the public any gaming machine in the city.
(Ordinance 2020-1027-04 adopted 10/27/20)
No person shall operate an amusement redemption machine game
room in the city without first obtaining a permit from the city, as
required by this article. No permit shall be issued until:
(1)
The
application has been filed, verified, and deemed accurate;
(2)
The
venue has been deemed, at the time of application, in compliance with
the city code;
(3)
The
permit fee has been paid in full.
(Ordinance 2020-1027-04 adopted 10/27/20)
(a)
All
building and fire code standards must be met. Inspection by building
officials and the issuance of a certificate of occupancy shall be
obtained before a permit for an amusement redemption machine game
room is issued.
(b)
Only
one amusement redemption machine game room shall be permitted on any
lot or in any single building, structure or strip center except for
amusement redemption machine game rooms in existence as of the date
this article goes into effect and which do not meet this criteria;
in which case full compliance with this subsection shall be required
within six (6) months of the effective date of this article or upon
abandonment of use at such location, whichever occurs first.
(c)
No
amusement redemption machine game room shall be situated within 500
feet of any church, school, daycare, or hospital except for amusement
redemption machine game rooms in existence as of the date this article
goes into effect and which do not meet this criteria; in which case
full compliance with this subsection shall be required within six
(6) months of the effective date of this article or upon abandonment
of use at such location, whichever occurs first.
(d)
The
distance shall be measured in a straight line without regard to intervening
objects or structures and from the nearest lot line of the amusement
redemption machine game room seeking a permit to the nearest lot line
of the church, school, daycare, or hospital.
(e)
No
amusement redemption machines, or related business activities shall
be allowed to be situated and/or performed outdoors.
(f)
The
owner, operator, or manager of the permitted premises must be present
to supervise the operation of the amusement redemption machine game
room. The amusement redemption machine game room shall not be left
unattended.
(g)
Amusement
redemption machines must be situated within the permitted premises
as to be in full and open public view, which entails being visible
to all patrons of the establishment.
(h)
No
person under the age of 21 years shall be permitted inside the building,
structure, facility, or space housing the amusement redemption machine
game room.
(i)
A
sign stating that no one under the age of 21 is allowed inside the
amusement redemption machine game room shall be posted in plain sight
immediately inside the entrance stating that:
“No person under the age of 21 years shall be permitted
inside the building, structure, facility or space housing the amusement
redemption machine game room.”
(j)
An
amusement redemption machine game room operator must be a person who
is at least 21 years of age.
(k)
Game
rooms shall only be permitted in existing C-3 commercial (“C3”),
I-1 light industrial (“I1”) or I-2 general industrial
(“I2”) zoning districts. A person, including the manager,
operator, or owner of a game room, commits an offense if he or she
operates or permits the operation, or establishment of a game room
in any other zoning district of the city.
(l)
Nothing
contained herein shall be construed or have the effect to permit,
permit, authorize or legalize any machine, device, table, or gaming
machine, the keeping, exhibition, operation, display or maintenance
of which is illegal or in violation of any ordinance of the city,
any regulation of the county, any section of the penal code of this
state, or the constitution of this state.
(Ordinance 2020-1027-04 adopted 10/27/20)
(a)
An
applicant for a permit under the provisions of this article shall
file with the city planning department. A separate application must
be filed for each location sought to be permitted. The following information
is required in the application:
(1)
Name, address, telephone number, and driver’s permit number
of the applicant;
(2)
Name, address, telephone number and driver’s permit number
of all persons who own 25 percent or more interest in the amusement
redemption machine game room;
(3)
Name, address, telephone number and driver’s permit number
of all corporate officers, if any, of such business;
(4)
Name, address, telephone number of the business;
(5)
If incorporated, the name of the business registered with the Texas
Secretary of State;
(6)
If a partnership, the name, address, telephone number and driver’s
permit of each of the general and limited partners;
(7)
The trade name by which the applicant does business and a true and
correct copy of the registration of the applicant’s assumed
name filed in the office of the county clerk, bearing the file mark
or stamp that evidences its filing in that office;
(8)
The street address of the premises;
(9)
If applicant is not the owner of the premises, the applicant shall
furnish the name, address, and telephone number of the property owner;
(10)
Name, address, and telephone number of the operator of the premises
to be permitted;
(11)
Whether a previous permit of the applicant, or, if applicable, a
corporate officer of the applicant, has been revoked within two years
of filing of the application;
(12)
The previous occupation(s) of the applicant and, if applicable, all
corporate officers and partners of the applicant within the preceding
five years;
(13)
A notarized statement, under oath, that:
(A)
All the facts contained in the application are true and correct;
(B)
The amusement redemption machines are not and will not be used as
gambling devices;
(C)
The location and operation of the amusement redemption machine game
room will not violate any applicable deed restrictions;
(D)
The amusement redemption machine game room will be operated in accordance
with all laws;
(14)
Name, address, and telephone number of an emergency contact person
who can be reached after hours;
(15)
Sales tax certificate;
(16)
Any other plans that may be required by this code.
(b)
Any
failure to provide the documents required by this section shall be
grounds for denial of the application to which it applies.
(Ordinance 2020-1027-04 adopted 10/27/20)
(a)
The
city shall refuse to approve issuance or renewal of a permit or permittee
for one or more of the following reasons:
(1)
Any failure to provide the information required by this article;
(2)
A determination by the city that inaccurate, erroneous or incomplete
information has been submitted;
(3)
A false statement as to a material matter made in an application
for a permit;
(4)
Revocation of a permit, pursuant to this article, of the applicant
or a co-owner or a corporate officer of the applicant within two years
preceding the filing of the application;
(5)
Refusal or failure to pay the correct permit fee amount;
(6)
The applicant or a co-owner for such permit has, within the past
three years, been convicted of any violation of this article;
(7)
The applicant or a co-owner for such permit has, within the past
five years, been convicted of any violation of regulations adopted
by the county relating to game rooms; and/or
(b)
The
city shall not issue or renew a permit under this article and has
the authority to 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 2020-1027-04 adopted 10/27/20)
(a)
Power and authority.
If any individual, company, corporation,
or association who owns, operates, exhibits, or displays any amusement
redemption machine(s) in an amusement redemption machine game room
in this city shall violate any provision of this article, the city
shall have the power and authority to suspend or revoke the permit(s)
issued hereunder to any of the foregoing by giving written notice,
stating the reason justifying such suspension or revocation, and the
same shall be suspended or revoked ten days from date of such notice.
(b)
Suspension.
The city manager or designee shall suspend
a permit for a period not to exceed 30 days if he determines that
a permittee or an employee of a permittee has:
(1)
Violated or is not in compliance with any of the provisions of this
article;
(2)
Refused to allow or interferes with an inspection of the amusement
redemption machine game room premises; or
(3)
Demonstrated an inability to operate or manage an amusement redemption
machine game room in a peaceful and law-abiding manner thus necessitating
action by law enforcement officers.
(c)
Revocation for continuing violations.
The city manager
or their designee shall revoke a permit if a cause of suspension occurs
and the permit has been previously suspended within the preceding
twelve months.
(d)
Automatic revocation.
The city manager or their designee
shall revoke a permit if he determines that:
(1)
A permittee gave false or misleading information in the material
submitted to the city during the application process;
(2)
A permittee or an employee of a permittee knowingly allowed the possession,
use, or sale of a controlled substance on the premises; or
(3)
A permittee or an employee of a permittee knowingly operated the
amusement redemption machine game room during a period when the permittee’s
permit was suspended.
(e)
Effect of revocation.
No permit shall be issued within
a period of one-year to anyone whose permit has been revoked, except
at the discretion of the city manager or their designee. If the permit
of an individual, company, corporation, or association owning, operating,
or displaying amusement redemption machines in this city is cancelled,
such individual, company, corporation or association shall not operate,
display or permit to be operated or displayed such amusement redemption
machines in any amusement redemption machine game room until a new
permit is granted.
(Ordinance 2020-1027-04 adopted 10/27/20)
If the city manager or their designee refuses to approve the
issuance of a permit or the renewal of a permit to an applicant, or
suspends or revokes a permit issued under this article, this action
is final unless the applicant or permittee, within ten days after
the receipt of written notice of the action, files a written appeal
with the city secretary, who shall, within 30 days after the appeal
is filed forward same to city council for its consideration at a public
meeting following a hearing. The city council shall, within 30 days,
grant such 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 2020-1027-04 adopted 10/27/20)
A valid permit issued under this article for an amusement redemption
machine game room shall be displayed at or near the entrance of the
business premises, and such display shall be permanent and conspicuous.
(Ordinance 2020-1027-04 adopted 10/27/20)
(a)
The
premises in which such amusement redemption 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 assistants, the city inspector/code
enforcement officer, and the chief building official may enter into
the premises where such amusement redemption machines are located
at any time during normal business hours for the purposes of inspecting
said premises for fire hazards.
(b)
All
law enforcement personnel and the inspector/code enforcement officer
of the city shall have the right to enter said premises at any time
during normal business hours for the purpose of inspection and enforcement
of the tenants of this article.
(Ordinance 2020-1027-04 adopted 10/27/20)
A permittee hereunder shall not permit any of the following
activities within the permitted premises:
(1)
The
operation of any amusement redemption machine by a person younger
than 21 years of age;
(2)
Gambling
by any person;
(3)
The
possession of gambling materials; and
(4)
Unlawful
or criminal activity of any kind.
(Ordinance 2020-1027-04 adopted 10/27/20)
Any person who desires a permit for the operation of two or
more amusement redemption machines in one specific location shall
be required to provide sufficient off-street parking to accommodate
the vehicles of the patrons as provided herein. Such parking area
shall be maintained in a safe, clean manner and shall not interfere
with safe and expeditious movement of other vehicular or pedestrian
traffic.
(Ordinance 2020-1027-04 adopted 10/27/20)
Nothing herein shall be construed or have the effect to permit,
permit, authorize or legalize any machine, device, table, or gaming
machine, the keeping, exhibition, operation, display or maintenance
of which is illegal or in violation of any ordinance of the city,
any regulation of the county, any section of the penal code of this
state, or the constitution of this state.
(Ordinance 2020-1027-04 adopted 10/27/20)
