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 noncash 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 noncash 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 or building official
of the city.
A machine that awards the user noncash 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 noncash 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 section
47.01 as a gambling device, or any activity prohibited or described
in V.T.C.A., Penal Code chapter 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 2017-0523-2 adopted 5/23/17)
No person shall operate an amusement redemption machine game
room in the city without first obtaining a license from the city,
as required by this article. No license shall be issued until (1)
the occupation tax has been paid for each amusement redemption machine
within the premises, (2) the annual tag fee of the city has been paid
for each amusement redemption machine within the premises, and (3)
the applicable game room license fee has been paid.
(Ordinance 2017-0523-2 adopted 5/23/17)
An owner, operator, or lessee of an amusement redemption machine
game room shall be required to secure a license annually. An amusement
redemption machine game room shall be required to secure a license
by paying to the city an annual inspection and amusement redemption
machine game room license fee in the amount of $2,500.00. Upon payment
of the license fee, payment of the annual tag fee of the city for
each amusement redemption machine within the premises, and compliance
with all licensing requirements, the license shall be issued by the
city.
(Ordinance 2017-0523-2 adopted 5/23/17)
(a)
A
tax permit issued by the state and all seals required by the state
shall be securely affixed to each amusement redemption machine.
(b)
A
current tag issued by the city shall be securely affixed to each amusement
redemption machine.
(c)
The
annual tag fee of the city for each amusement redemption machine is
five hundred dollars ($500.00), which fee shall be paid before a tag
may be issued.
(d)
All
tag fees shall be issued on the basis of a calendar year. Tag fees
shall not be prorated. Tags issued at any time during a calendar year
shall automatically expire on December 31st.
(Ordinance 2017-0523-2 adopted 5/23/17)
(a)
A
license issued for an amusement redemption machine game room under
this article:
(1)
Is an annual license which expires December 31st 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 licensee except to maintain, display
for public patronage, and permit the use or skill or pleasure of amusement
redemption machines in accordance with the terms and conditions of
this article;
(4)
Shall automatically expire if the licensee thereof sells the property
or the business, transfers equity to accomplish same, or otherwise
disposes of amusement redemption machines; and
(5)
Is not assignable or transferable.
(b)
In
addition, the city shall not refund any portion of a license fee after
the license is issued, nor shall it prorate or reduce in amount any
fee due to the city. Notwithstanding the foregoing, the initial license
issued to an existing amusement redemption machine game room following
the adoption of the ordinance from which this article is derived and
the game room’s compliance with the requirements of this article
shall not expire until December 31, 2017. Thereafter, any such license
shall expire as provided herein-above.
(Ordinance 2017-0523-2 adopted 5/23/17)
(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 license 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 ordinance goes into effect and which do not meet these criteria;
in which case, full compliance with this subsection shall be required
within six (6) months of the effective date of this ordinance or upon
abandonment of use at such location, whichever occurs first.
(c)
No
amusement redemption machine game room shall be situated within 1,000
feet of any church, school, daycare, or hospital except for amusement
redemption machine game rooms in existence as of the date this ordinance
goes into effect and which do not meet these 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 license 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.
(g)
One
parking space shall be provided for each two amusement redemption
machines within the amusement redemption machine game room, plus one
additional parking space for each employee per shift.
(h)
The
owner, operator, or manager of the licensed 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.
(i)
Amusement
redemption machines must be situated within the licensed premises
as to be in full and open public view, which entails being visible
to all patrons of the establishment.
(j)
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.
(k)
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.”
(l)
An
amusement redemption machine game room operator must be a person who
is at least 21 years of age.
(m)
The
total number of operational amusement redemption machines allowed
in one amusement redemption machine game room establishment shall
be limited to the maximum number of 50 amusement redemption machine
games. Any back-up, nonoperational or replacement amusement redemption
machines shall be secured in a locked storage area or closet to which
the public is not allowed to enter and such machines shall not be
connected to electricity or be otherwise operational. The occupation
tax on such back-up or be replacement amusement redemption machine
games shall be paid annually regardless of whether such machines are
used by the game room’s patrons.
(n)
The
sale, purchase, possession or consumption of any alcoholic beverages
(as defined by the Texas Alcoholic Beverage Code) inside an amusement
redemption machine game room is prohibited. A sign stating that no
alcoholic beverages are allowed inside the amusement redemption machine
game room shall be posted in plain sight immediately inside the entrance
stating that:
|
“No alcoholic beverages shall be permitted inside the
building, structure, facility or space housing the amusement redemption
machine game room.”
|
(o)
The
owner, operator, or manager of the licensed premises shall mark each
entrance to a game room with a sign which bears the words “game
room” in one and one-half inch (1-1/2") or larger block letters
and which is legible from a distance of at least twenty-five feet
(25').
(p)
Game
rooms shall only be permitted in existing C-2 Commercial (“C-2”),
M-1 Light Manufacturing (“M-1”) or M-2 Heavy Manufacturing
(“M-2”) 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.
(q)
Nothing
contained herein shall be construed or have the effect to license,
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 2017-0523-2 adopted 5/23/17)
(a)
An
applicant for a license under the provisions of this article shall
file with the city secretary a written application on a form provided
for that purpose by the city which shall be signed by the applicant,
who shall be the owner of the amusement redemption machine game room
sought to be licensed. A separate application must be filed for each
location sought to be licensed. The following information is required
in the application:
(1)
Name, address, telephone number, and driver’s license number
of the applicant if the applicant is a natural person;
(2)
Name, address, telephone number and driver’s license 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 license 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 secretary
of state;
(6)
If a partnership, the name, address, telephone number and driver’s
license 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 the 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)
Number of amusement redemption machines in the premises to be permitted
and tagged and the serial number of each amusement redemption machine;
(12)
Whether a previous license of the applicant, or, if applicable, a
corporate officer of the applicant, has been revoked within two years
of filing of the application;
(13)
The previous occupation(s) of the applicant and, if applicable, all
corporate officers and partners of the applicant within the preceding
five years;
(14)
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;
(15)
Name, address, and telephone number of an emergency contact person
who can be reached after hours;
(16)
A floor plan of the amusement redemption machine game room interior
depicting the layout of the amusement redemption machine game room
interior specifically including, but not limited to, the location
of all amusement redemption machines, coin operated machines or devices,
the manager’s station(s), restroom facilities, kitchen and bar
facilities, if any, and all areas to which patrons will not be permitted;
and
(17)
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 2017-0523-2 adopted 5/23/17)
(a)
A
license may be renewed for the following calendar year beginning October
1st of each year by filing a completed application for each license
and paying the applicable fee set forth in this article. A renewal
application shall be subject to the same requirements in this section
as for a license application.
(b)
Upon
the expiration of a license, the licensee shall be required to obtain
a renewal of the expired license if the licensee wishes to continue
operating an amusement redemption machine game room. Failure to obtain
the renewal within 30 days after expiration may require such person
to pay an additional late fee in an amount equal to 20 percent of
the fee as currently established or as hereafter adopted by city council
from time to time. Nothing herein authorizes the licensee to operate
after the expiration of a license and before a renewal is effective.
(Ordinance 2017-0523-2 adopted 5/23/17)
(a)
The
city shall refuse to approve issuance or renewal of a permit or licensee
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 license;
(4)
Revocation of a license, 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 occupation tax on any amusement redemption
machine;
(6)
Refusal or failure to pay the correct license fee amount;
(7)
Refusal or failure to pay the correct city tag fee amount provided
for in this article;
(8)
The applicant or a co-owner for such license has, within the past
three years, been convicted of any violation of this article;
(9)
The applicant or a co-owner for such license has, within the past
five years, been convicted of any violation of regulations adopted
by the county relating to game rooms; and/or
(10)
The applicant or a co-owner for such license has, within the past
ten years, been convicted of a crime involving moral turpitude.
(b)
The
city shall not issue or renew a license under this article and shall
suspend or cancel a license if it be determined that the applicant
or licensee is indebted to the city for any fee, costs, penalties,
or delinquent taxes.
(Ordinance 2017-0523-2 adopted 5/23/17)
(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 license(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 his designee shall suspend
a license for a period not to exceed 30 days if he determines that
a licensee or an employee of a licensee has:
(1)
Violated or is not in compliance with any of the provisions of this
article;
(2)
Refused to allow or interfered 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 his designee shall revoke a license if a cause of suspension occurs
and the license has been previously suspended within the preceding
twelve months.
(d)
Automatic revocation.
The city manager or his designee
shall revoke a license if he determines that:
(1)
A licensee gave false or misleading information in the material submitted
to the city during the application process;
(2)
A licensee or an employee of a licensee knowingly allowed the possession,
use, or sale of a controlled substance on the premises; or
(3)
A licensee or an employee of a licensee knowingly operated the amusement
redemption machine game room during a period of time when the licensee’s
permit was suspended.
(e)
Effect of revocation.
No license shall be issued within
a period of one-year to anyone whose license has been revoked, except
at the discretion of the city manager or his designee. If the license
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
license is granted.
(Ordinance 2017-0523-2 adopted 5/23/17)
If the city manager or his designee refuses to approve the issuance
of a license or the renewal of a license to an applicant, or suspends
or revokes a license issued 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 a written appeal with the city
secretary, who shall, within ten 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 2017-0523-2 adopted 5/23/17)
A valid license 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 2017-0523-2 adopted 5/23/17)
(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 into said premises at any
time during normal business hours for the purpose of inspection and
enforcement of the terms of this article.
(c)
The
city shall have the authority to seal any amusement redemption machine
located in any amusement redemption machine game room for which the
occupation tax has not been paid. A fee in the amount of $250.00 will
be charged for the release of any machine sealed for nonpayment of
said occupation tax.
(d)
The
city shall have the authority to seal any amusement redemption machine
located in any amusement redemption machine game room for which a
license fee has not been paid. A fee in the amount in the amount of
$500.00 will be charged for the release of any machine sealed for
nonpayment of said license fee.
(e)
The
city shall have the authority to seal any amusement redemption machine
located in any amusement redemption machine game room for which a
city tag fee has not been paid. A fee in the amount in the amount
of $500.00 will be charged for the release of any machine sealed for
nonpayment of said license fee.
(Ordinance 2017-0523-2 adopted 5/23/17)
A licensee hereunder shall not permit any of the following activities
within the licensed 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 2017-0523-2 adopted 5/23/17)
Any person who desires a license 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 ok 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 2017-0523-2 adopted 5/23/17)
Nothing herein shall be construed or have the effect to license,
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 Scurry County, any section of the penal code of
this state, or the constitution of this state.
(Ordinance 2017-0523-2 adopted 5/23/17)
(a)
A
person who fails to comply with the requirements of this article commits
a class C misdemeanor punishable by a fine not to exceed five hundred
dollars ($500.00).
(b)
Proof
of a culpable mental state is not required for a conviction of an
offense under this article.
(c)
Each
day that a violation occurs is a separate offense.
(d)
In
addition to the penalty described in (a) above, the city may pursue
other remedies such as injunctive relief, abatement of nuisance, revocation
and removal of current license and tag(s), and securing an amusement
redemption machine so as to render it inoperable.
(Ordinance 2017-0523-2 adopted 5/23/17)
