Amusement redemption machine.
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 change affords the user, in addition to any right of replay, an opportunity to receive exclusively noncash merchandise prizes, toys, or novelties, or a representation of a value redeemable for those items. Amusement redemption machine does not include:
(1) 
A machine that awards the user noncash merchandise prizes, toys, or novelties solely and directly from the machine, including claw, crane, or similar machines; nor
(2) 
A machine for which the opportunity to receive noncash merchandise prizes, toys, or a representation of value redeemable for those items, varies depending upon the user’s ability to throw, roll, flip, toss, or drop a ball or other physical objects into the machine or a part thereof, including basketball, golf, bowling pusher, or similar machines.
Coin-operated machine.
A machine or device operated by the payment or insertion of paper currency or any other consideration.
Gaming devices.
Any electronic, electromechanical, computerized or mechanical contrivance 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. [Penal Code 47:4] This includes, but is not limited to, gambling device versions of bingo, keno, blackjack, lottery, roulette, video poker, or similar electronic, electromechanical, computerized, or mechanical games, or facsimiles therefor, that operate by chance or partially so, that as a result of the play or operation of the game award credits or free games, and that record the number of free games or credits so awarded and the cancellation or removal of the free games or credits; and does not include any electronic, electromechanical, computerized, or mechanical contrivance design, made, and adapted solely for bona fide amusement purposes if the contrivance rewards the player exclusively with noncash merchandise prizes, toys, 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 10 times the amount charged to play the game or device once or $5.00, whichever is less.
Gaming place.
Any real estate, building, room, tent, vehicle, boat, or other property whatsoever, one of the uses of which is making or settling of bets, bookmaking, or the conduction of a lottery, sweepstakes, or the playing of gaming devices. [Penal Code 47:3] Exemption: Businesses whose income from gaming machines is less than fifty percent (50%) of total business income will not be considered a gaming place.
Placed in the establishment.
All machines physically located in the establishment whether operating or not.
Private places.
A place to which the public does not have access, and excludes, among other places, streets, highways, restaurants, taverns, nightclubs, schools, hospitals, and the common areas of apartment houses, hotels, motels, office buildings, transportation facilities, and shops. [Penal Code 47:8]
Representation of values.
Cash paid under authority of sweepstakes contests as provided by Texas Business and Commerce Code, section 43, or a gift certificate or gift card that is presented to a merchant in exchange for merchandise.
Thing of value.
Any benefit, but does not include an unrecorded and immediate right of replay not exchangeable for value. [Penal Code 47:9]
Total combined fee.
The total number of machines times the annual fee per machine or the total number of machines times the semi-annual fee per machine issued by the city.
(Ordinance 435 adopted 7/22/14)
(a) 
Application fee and license fee.
An owner, operator, or lessee of premises on which an amusement redemption machine is made available to others shall be required to secure a permit by paying to the city an annual local premises gaming permit for amusement redemption machines, coin-operated machines and gaming devices. Permit fee as follows:
(1) 
$2,500.00 game machine regulation application fee (one time unless permit expires).
(2) 
$1,500.00 game machine regulation re-application fee after permit expires.
(3) 
Application shall be made on a form as approved by the City Secretary.
(4) 
Fee shall be $500.00 per machine (operable or inoperable).
(5) 
Upon approval of the application, and inspection by the Code Enforcement Officer, a fee of $500.00 per machine shall be paid. By January 31 of each subsequent year, a renewal fee shall be paid of $500. 00 per machine per year. Failure to pay renewal fee by said date shall result in immediate revocation of all permits and licenses.
(b) 
Expiration and renewal of said fee.
The total fee application for the number of machines located on the premises with the addition of new machines after the annual permit is obtained and/or renewed shall be the total fee due upon addition of added machines in one establishment and shall hence forth be the fee due. Permits shall automatically expire December 31st of each year, except as otherwise stated herein; such permit shall also automatically expire if the holder therefor sells, transfers equity, or otherwise disposes of such devices. The city shall not refund any portion of a local premises gaming permit for amusement redemption machines, coin-operated machines and gaming devices fee after the permit is issued, nor shall it prorate or reduce in amount any fee due to the city. It is the establishment’s responsibility to notify the city secretary of additional machines to the premises within the permit year. The current permit will be replaced with a renewal permit to include the additional machines and devices at the local premises gaming permit for amusement redemption machines, coin-operated machines and gaming devices fee at the cost per additional machine. Permits for each machine are nontransferable to other machines.
(c) 
Payment.
Payments shall be made by January 15th for the current year. If payment is not made by January 15th for existing businesses, the application will expire and a new application will be due.
(d) 
Late penalty.
Upon the expiration of a permit, and within 30 days thereafter, the person making the device available to others shall obtain a renewal thereof in the same manner as an original permit if he wishes to continue operating premises on which an amusement redemption machine is made available to others.
(e) 
Sealing.
The city shall have the authority to seal any amusement redemption machine located at an establishment for which a local premises gaming permit fee has not been secured. A $500.00 fee will be charged for the release of any machine sealed for non-payment of said local premises gaming permit fee.
(f) 
Permit posting.
The permit shall be conspicuously posted on each device. Permits for each machine are nontransferable to other machines.
(g) 
Revocation of permit.
The city administrator may revoke any permit to maintain and operate premises on which an amusement redemption machine is made available to others when the licensee has been found guilty by a court of competent jurisdiction of violating any provisions of this article or any applicable state statue. After such conviction, the license may be reissued if the circumstances leading to the conviction have been remedied and the premises are being maintained and operated in full compliance with the law and this article. Provided, however, that an owner, operator, or lease of premises on which an amusement redemption machine is made available to others, who is found to be in violation of this article based on a finding that the number of amusement redemption machines exceeds the number for which the premises is permitted shall be required to pay an amount equal to twice the difference of the original permit fee and the permit fee required for a number of machines actually on the premises.
(h) 
Inventory.
Each owner, operator, or lease of premises on which an amusement redemption machine is made available to others shall be required to provide the city with a complete inventory of all machines located on the premises. The inventory shall include the make, model, serial number and date placed in service of each amusement redemption machine.
(Ordinance 435 adopted 7/22/14; Ordinance 507 adopted 3/9/2023; Ordinance 531 adopted 3/13/2025)
The housing regulation restricts amusement redemption machines, coin-operated machines and gaming devices from being housed within 500 feet of a school, church, or hospital. The industrial and central business district zoned areas of the city shall serve as the authorized boundaries for the operation and housing of amusement redemption machines.
(Ordinance 435 adopted 7/22/14)
(a) 
Persons under 21.
The presence of persons under twenty-one (21) years of age on premises subject to a local premises gaming permit for amusement redemption machines is prohibited and is punishable by a fine as provided in section 1.01.009. In addition to any other penalty or punishment imposed by law, violation of this section shall cause for revocation of a local premises gaming permit for amusement redemption machines issued pursuant to this article.
(b) 
Alcoholic beverages.
The presence of alcoholic beverages on premises subject to a local premises gaming permit for amusement redemption machines that operate more than ten (10) amusement redemption machines is prohibited and punishable by a fine as provided in section 1.01.009. In addition to any other penalty or punishment imposed by law, violation of this section shall be cause for revocation of a local premises gaming permit for amusement redemption machines issued pursuant to this article.
(c) 
Person commits an offense.
If he makes a bet on the partial or final results of a game or contest or on the performance of a participant in a game or contest. Plays and bets for money or other thing of value at any game played with cards, dice, balls, or any other gambling device. If he played for money using an electronic, electromechanical, computerized or mechanical contrivance including the definition of a gambling device under section 4.04.001 of this article and the Penal Code sections 47.01(4)(b).
(d) 
An offense under this section is a class C misdemeanor.
Any person who violates any provision of this article for which no other penalty is set forth shall, upon conviction, be subject to a penalty as provided in section 1.01.009 per incident or per day in which such condition exists. Each day that such violation is permitted to continue shall constitute a separate offense. The term “person” as used in this section shall include the owner, occupant, mortgager or vender in possession, assignee or renter, receiver, executor, trustee, lessee, agent or another person, firm or corporation directly, or indirectly, in control of a building or tract of land.
(e) 
Hours of operation.
May only be operated between the hours of 12:00 p.m. and 12:00 a.m.
(f) 
Parking requirements.
One space for each two machines, plus one space per employee per shift.
(g) 
Machines must be situated within the premises as to be in full and open view, which entails being visible to all patrons of the establishment.
(h) 
A game room operator must be a person who is at least 21 years of age.
(i) 
Total number of machines in one establishment shall be limited to 50.
(j) 
All machines must be permitted according to the permitting requirements of this article.
(Ordinance 435 adopted 7/22/14)