means 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, in addition to any right of replay, an opportunity to receive exclusively non-cash 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 non-cash merchandise prizes, toys, or novelties solely and directly from the machine, including claw, crane, or similar machines; nor
A machine from which the opportunity to receive non-cash 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 objects into the machine or a part thereof, including basketball, golf, bowling pusher, or similar machines.
means a machine or device operated by the payment or insertion of paper currency or any other consideration.
means any electronic, electromechanical, computerized, 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 (V.T.C.A., Penal Code section 47.01(4)). This includes, but is not limited to, gambling device versions of bingo, keno, blackjack, lottery, roulette, or video poker, or similar electronic, electromechanical, computerized, or mechanical games, or facsimiles thereof, 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 designed, made, and adapted solely for bona fide amusement purposes if the contrivance rewards the player exclusively with non-cash 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 ten times the amount charged to play the game or device once or $5.00, whichever is less.
means any real estate, building, room, tent, vehicle, boat, or other property whatsoever, one of the uses of which is the making or settling of bets, bookmaking, or the conducting of a lottery or sweepstakes, or the playing of gaming devices (V.T.C.A., Penal Code section 47.01(3)). Exemption: Business whose income from gaming machines is less than 50 percent of total business income will not be considered a gaming place.
means all machines physically located in the establishment whether operating or not.
means 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 (V.T.C.A., Penal Code section 47.01(8)).
means cash paid under authority of sweepstakes contests as provided by V.T.C.A., Business and Commerce Code chapter 622, or a gift certificate or gift card that is presented to a merchant in exchange for merchandise.
means any benefit, but does not include an unrecorded and immediate right of replay not exchangeable for value (V.T.C.A., Penal Code section 47(9)).
means 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 658, sec. 5.1, adopted 1/14/2019; Ordinance adopting 2023 Code)