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:
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
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.
A machine or device operated by the payment or insertion
of paper currency or any other consideration.
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.
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.
All machines physically located in the establishment whether
operating or not.
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]
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.
Any benefit, but does not include an unrecorded and immediate
right of replay not exchangeable for value. [Penal Code 47:9]
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)
Application shall be made on a form as approved by the city secretary.
(3)
Fee shall be $1,000.00 per machine (operable or inoperable).
(4)
Upon approval of the application, and inspection by the code enforcement
officer, a fee of $1,000.00 per machine per year shall be paid. By
January 15th of each subsequent year, a renewal fee shall be paid
of $1,000.00 per machine per year. Failure to pay renewal fee by said
date shall result in immediate revocation of all permits and license.
(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 $1,000.00
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)
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)
