(a) 
Every owner who exhibits or displays, or who permits to be exhibited or displayed in the city any coin-operated machine, now defined in chapter 2153 of the Occupations Code of the state, or as hereinafter amended, shall pay an annual occupation tax on each coin-operated machine in the amount established from time to time by resolution of the commission.
(b) 
All occupation taxes for coin-operated machines are payable in advance. Prior to payment of the tax every owner shall register each machine by make, model, and serial number with the city secretary or designated agent.
(Ordinance 676, sec. 1, adopted 3/14/06; Ordinance 764 adopted 12/9/13)
Gas meters, pay telephones, pay toilets, food vending machines, confection vending machines, beverage vending machines, merchandise vending machines, and cigarette vending machines which are now subject to an occupation or gross receipts tax, stamp vending machines, and “service coin-operated machines,” as that term is defined, are expressly exempt from the tax levied herein, and the other provisions of this article.
(Ordinance 676, sec. 2, adopted 3/14/06)
(a) 
The decal issued by the city secretary to evidence payment of the tax levied herein shall be securely attached with its own adhesive to a fixed part of the coin-operated machine so as to be easily seen by the public. The decal shall be attached to the machine in a manner that will require the continued application of steam and water to remove the decal.
(b) 
During the month of December of each year, owners shall pay the occupation tax, register the machines taxed, and receive a decal for each coin-operated machine to be within the city on January 1 of the following year.
(Ordinance 676, sec. 3, adopted 3/14/06)
The city secretary or authorized representative may seal any such machine upon which the tax has not been paid in a manner that will prevent further operation. The city secretary shall charge a fee in the amount as set forth in section A4.08.004 of the fee schedule in appendix A to this code for the release of any machine sealed for nonpayment of tax. The fee shall be paid to the city secretary by cashier’s check or money order. It shall be unlawful to break the seal affixed in the name of the city or exhibit, display or remove from location any machine on which the seal has been broken.
(Ordinance 676, sec. 4, adopted 3/14/06)
Nothing contained in this article shall be construed or have the effect to license, permit, authorize or legalize any machine, device, table or coin-operated machine, the keeping, exhibition, operation, displaying or maintenance of which is illegal or in violation of any article of the Penal Code of this state, or the constitution of this state.
(Ordinance 676, sec. 5, adopted 3/14/06)
(a) 
Any business operating one or more coin-operated machines for skill, pleasure, or gaming purposes shall obtain from the city secretary a permit for that purpose;
(b) 
The fee for such a business shall be payable annually to the city secretary in an amount to be determined periodically by resolution of the city commission;
(c) 
Each time a location is changed, or any machine moved to another location, the operator shall advise the city secretary and shall pay a location change fee for each machine moved in an amount to be determined periodically by resolution of the city commission; and
(d) 
An application for the renewal of an operator’s permit must be made to the city secretary by December 31st of each year to avoid a penalty of $3.00 for each day of delinquency.
(Ordinance 787 adopted 11/14/16)
(a) 
An operator’s permit application may be obtained at the city secretary’s office.
(b) 
The applicant shall be required to furnish the following information:
(1) 
The name of the business and the address of the location where the machines are to be located.
(2) 
The name of the owner of the business where the machines are to be located and his address.
(3) 
The name and address of the local agent if the operator is not a resident of the city.
(4) 
The maximum number of skill or pleasure coin-operated machines to be located at the business.
(c) 
An operator’s permit shall not be issued unless:
(1) 
The parking ratio of one parking space per fifty (50) square feet of gross floor area is provided on the development lot;
(2) 
The legal description of the property of the business where the machines will be located is provided on the application form; and
(3) 
The location is zoned for the operation of coin-operated machines.
(d) 
A business that existed on or before January 1, 2006, and has remained in continuous operation shall be permitted to obtain an operator’s permit under this article without complying with subsection (c)(1), provided that no structural alterations are made except those required by law or ordinance. Compliance with subsection (c)(1) of this section shall be required when an exempted business is added to or enlarged. This requirement may be satisfied upon the granting of a variance by the zoning board of adjustment.
(Ordinance 676, sec. 7, adopted 3/14/06)
Any operator’s permit issued under this article shall be subjected to revocation by the city secretary for the following reasons:
(1) 
The correct permit fee has not been tendered to the city secretary, in the case of a check or bank draft, honored with payment upon presentation;
(2) 
Failure to comply with the requirements of this article.
(Ordinance 676, sec. 8, adopted 3/14/06)
Any applicant or operator whose permit is denied or revoked pursuant to the provisions of this article may appeal such denial or revocation to the city commission.
(Ordinance 676, sec. 9, adopted 3/14/06)
Any person found guilty of violating the provisions of this article shall be guilty of a misdemeanor and upon conviction, shall be fined not to exceed five hundred dollars ($500.00).
(Ordinance 676, sec. 10, adopted 3/14/06)