For the purpose of this article, the following definitions shall
apply, unless the context clearly indicates or requires a different
meaning:
Any electronic, electromechanical or mechanical contrivance
that, for a consideration, affords the player an opportunity to obtain
anything of value, the award of which is determined solely or partially
by chance, even though accompanied by some skill, whether or not the
prize is automatically paid by the contrivance, including but not
limited to gambling device versions of bingo, keno, blackjack, lottery,
sweepstakes, roulette, video poker, tic-tac-toe, eight-liner or similar
electronic, electromechanical or mechanical games, or facsimiles thereof,
that operate by chance or partially so.
A code enforcement officer or building official of the city
or any peace officer of the state.
A building, facility or other place that is open to the public
and that contains one or more operational amusement redemption machines.
A person who has any ownership interest in a game room, or
an owner, director or officer of a business entity that has any ownership
interest in a game room.
A machine that is ready to be played and accessible to the
public.
(1994 Code, sec. 111.50; Ordinance 2013-29 adopted 8/13/13)
Any person who shall violate any of the provisions of this article
or fail to comply therewith shall be deemed guilty of a class C misdemeanor,
and upon conviction shall be fined not to exceed the maximum amount
allowable by law. This offense is hereby declared to be a strict liability
offense, and the culpable mental state required by section 6.02 of
the Texas Penal Code is hereby specifically negated and clearly dispensed
with. Each day that the violation occurs shall constitute a distinct
and separate offense.
(1994 Code, sec. 111.57; Ordinance 2013-29 adopted 8/13/13)
(a)
Required; fee.
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 as set forth in the fee schedule in appendix A of this code. The application shall not be approved until a completed application has been submitted and found to meet all application requirements.
(b)
Application.
An applicant for a license or permit 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, operator or lessee of the amusement redemption machine
game room. Should an applicant maintain an amusement redemption machine
game room at more than one location, a separate application must be
filed for each location. The following information is required in
the application:
(1)
Location, by address, of the proposed operation;
(2)
A copy of the certificate of formation if the business is registered
with the secretary of state, or the applicant’s d/b/a, if applicable;
(3)
Name, address, telephone number and driver’s license number
of the following persons, if applicable:
(A)
The applicant if a natural person;
(B)
All persons who own 25% or more interest in the amusement redemption
machine game room;
(C)
All corporate officers, if any, of the business;
(D)
If a partnership, each of the general and limited partners;
(E)
The property owner; and
(F)
The manager of the property and/or business;
(4)
The previous occupation(s) of the applicant and, if applicable, all
corporate officers and partners of the applicant within the preceding
five years;
(5)
Whether a previous license or permit of the applicant, or, if applicable,
a corporate officer or partner of applicant, has been revoked within
two years of filing of the application;
(6)
Number of amusement redemption machines in the amusement redemption
machine game room;
(7)
An authorization to conduct a background check for all individuals included in subsection (b)(3) above. The license will be denied if any individual has any convictions, guilty pleas, or deferred adjudications related to gambling or organized crime;
(8)
A sworn statement that:
(A)
All the facts contained in the application are true and correct;
(B)
The location and operation of the amusement redemption machine game
room will not violate any applicable deed restrictions; and
(C)
The amusement redemption machine game room will be operated in accordance
with all laws and city ordinances, including chapter 47 of the Texas
Penal Code; and
(9)
Name, address and telephone number of an emergency contact person
who can be reached after hours.
(c)
Expiration and renewal.
(1)
Expiration.
An annual amusement redemption machine game
room license issued by the city shall automatically expire on December
31 following its issuance, except as otherwise stated herein. The
license shall automatically expire if the licensee sells the property
or the business, transfers equity to accomplish same, or otherwise
disposes of such devices. An amusement redemption machine game room
license is not assignable or transferable. The city shall not refund
any portion of a license after the license is issued, nor shall it
prorate or reduce in amount any fee due to the city.
(2)
Late fee.
Upon the expiration of a license, the licensee shall obtain a renewal if the licensee wishes to continue operating an amusement redemption machine game room. Failure to obtain the renewal within 30 days after expiration will require the licensee to pay an additional late fee in the amount set forth in the fee schedule in appendix A of this code, in order to obtain reinstatement of his license. Nothing herein authorizes the licensee to operate after the expiration of a license and before a renewal is effective.
(d)
Posting.
The license shall be conspicuously posted inside
the building.
(1994 Code, sec. 111.51(A)–(D); Ordinance 2013-29 adopted 8/13/13)
The following restrictions, regulations, controls and limitations
shall apply to all amusement redemption machine game rooms:
(1)
Building and zoning requirements.
All building and fire
code standards must be met. A certificate of occupancy shall be requested
before a license is issued. The game room must be located in an area
zoned for that activity.
(2)
Conduct of business.
(A)
Amusement redemption machines are not allowed outdoors.
(B)
The owner, operator or manager of the premises must be present to
supervise the operation of the machines. The machines shall not be
left unattended.
(C)
Machines must be situated within the premises as to be in full and
open public view, which entails being visible to all patrons of the
establishment.
(D)
A game room operator must be a person who is at least 18 years of
age.
(E)
Total number of machines in one establishment shall be limited to
50.
(3)
Parking requirements.
One space for each two machines,
plus one space per employee per shift.
(4)
Alcoholic beverages.
No amusement redemption machine
game room may be located on premises where alcoholic beverages are
sold or served, with the exception of any congressionally chartered
nonprofit organization.
(1994 Code, sec. 111.51(E); Ordinance 2013-29 adopted 8/13/13; Ordinance adopting 2016 Code)
(a)
Application.
An owner, operator or lessee of an amusement
redemption machine game room shall be required to obtain a permit
for each amusement redemption machine. As part of the application,
the owner, operator or lessee must submit, at their own expense, each
amusement redemption machine, including hardware and software source
code, to an independent gaming compliance and testing laboratory approved
in advance by the city, to ensure that the machine does not generate
the resultant outcome independent of the skillful actions of the player.
Any game that is determined to be beyond the ability of a player to
predict or control the outcome will not be permitted or allowed to
operate within the incorporated limits of the city.
(b)
Issuance.
Following approval by the independent gaming
compliance and testing laboratory, the city shall issue a permit that
will be permanently affixed to the approved machine. The permit shall
include the name of the machine and the machine’s serial number.
(c)
Sealing or seizure of machines.
A person commits an
offense if he or she owns an operational machine without a permit
or with a tampered permit. In addition to other criminal or civil
remedies outlined in this article, the city shall have the authority
to seal or seize any coin-operated machine located in any amusement
redemption machine game room for which a permit is not displayed.
If any amusement redemption machine is found with evidence of permit
tampering of any kind, including a permit issued to a different machine
or a change in the game’s hardware or software after the date
of the permit issuance, the city shall have the authority to seal
or seize all amusement redemption machines in the game room for retesting
at the owner’s expense, and/or to revoke the owner’s license
to operate a game room.
(1994 Code, sec. 111.52(A)–(C); Ordinance 2013-29 adopted 8/13/13)
Because such businesses in the city are a potential attractive
nuisance to minors, and the questioned legality of such activities,
the city council hereby finds such businesses constitute a nuisance
to the health, safety and welfare of the city. Accordingly, subsequent
to the passage of this article, no license will be issued for any
such establishment within a 500-foot radius of a church, residence,
school, day care, hospital or another business entity operating under
a license issued under this article. Any businesses existing as of
the time of the passage of this article shall be permitted to continue.
However, if they should cease operations, or violate any of the provisions
of this article or any other applicable city, state or federal law,
their license shall be subject to revocation and may not be renewed
unless they meet all provisions of any applicable law, including the
above spacing requirements.
(1994 Code, sec. 111.52(D); Ordinance 2013-29 adopted 8/13/13)
An owner, manager or employee of a game room or other person
exercising control over a game room, a portion of a game room or an
operational amusement redemption machine shall provide a city official
with immediate unrestricted access during business hours to all areas
of the game room, and to all operational amusement redemption machines
located in the game room.
(1994 Code, sec. 111.53; Ordinance 2013-29 adopted 8/13/13)
(a)
A
city official may inspect a game room or an operational amusement
redemption machine located within the incorporated city limits to
determine whether the game room or the operational amusement redemption
machine complies with the city Code of Ordinances and state law.
(b)
An
owner, manager or employee of a game room or other person who does
not allow a city official to inspect a game room or operational amusement
redemption machine commits an offense.
(1994 Code, sec. 111.54; Ordinance 2013-29 adopted 8/13/13)
(a)
Every
game room shall have transparent, unobstructed windows or open space
on at least one side so that the area is open to view by the general
public passing by on a public street, or using a corridor, lobby or
other room to which the public has access and is admitted without
charge. The owner, manager or employee of a game room shall not permit
any obstruction of such public view by the use of drawn shades, blinds,
partitions, tinting or other structures or obstructions.
(b)
The requirements of subsection (a) above may be waived or modified by the building official if the game room owner can demonstrate:
(1)
The game room is located in a structure deemed a historic landmark,
or the structure is within a historic district, and deemed to have
architectural or historic significance; and
(2)
Compliance with the unobstructed view requirement shall require alterations
to the structure that will have a substantially detrimental effect
on its historic or architectural features.
(1994 Code, sec. 111.55; Ordinance 2013-29 adopted 8/13/13)
(a)
All
game rooms shall have their hours of operation clearly marked on every
entrance.
(b)
All
game rooms shall have doors providing ingress and egress from the
game room unlocked during the hours of operation.
(c)
It
shall be unlawful for any person to keep, conduct or operate any game
room for profit, or to allow or permit any game room to remain open
for business or open to the public, before the hour of 10:00 a.m.
or after the hour of 12:00 a.m.
(1994 Code, sec. 111.56; Ordinance 2013-29 adopted 8/13/13)
