Amusement redemption machine
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:
(1) 
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
(2) 
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.
Coin-operated machine
means a machine or device operated by the payment or insertion of paper currency or any other consideration.
Gaming device
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.
Gaming place
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.
Placed in the establishment
means all machines physically located in the establishment whether operating or not.
Private place
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)).
Representation of value
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.
Thing of value
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)).
Total combined fee
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)
(a) 
Permit required; issuance; fees.
(1) 
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 fee for amusement redemption machines, coin-operated machines and gaming devices. Permit fees are as listed in the fee schedule in appendix A of this code.
(2) 
Application shall be made on a form as approved by the city secretary.
(3) 
Upon approval of the application, and inspection by the code enforcement officer, a fee as listed in the fee schedule in appendix A of this code, per machine, per year, shall be paid. By October 15th of each subsequent year, a renewal fee shall be paid as listed in the fee schedule in appendix A of this code, per machine, per year. Failure to pay the renewal fee by said date shall result in immediate revocation of all permits and licenses.
(4) 
Denial of permits may appeal to the city secretary.
(b) 
Expiration and renewal.
The total fee applicable 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 henceforth be the fee due. Permits shall automatically expire September 30th of each year, except as otherwise stated herein, [and] such permit shall also automatically expire if the holder thereof 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 added to the premises within the permit year. The current permit will be replaced with a renewed 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 non-transferable to other machines.
(c) 
Payment of fees.
Payments shall be made by October 15th for the current year. If payment is not made by October 15th for existing businesses, the application will expire and a new application will be due.
(d) 
Renewal after expiration of permit.
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 of machines.
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 fee as listed in the fee schedule in appendix A of this code will be charged for the release of any machine sealed for nonpayment of said local premises gaming permit fee.
(f) 
Posting.
The permit shall be conspicuously posted on each device. Permits for each machine are non-transferable to other machines.
(g) 
Revocation.
The city council 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 statute. 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 lessee 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 the number of machines actually on the premises.
(h) 
Inventory.
Each owner, operator, or lessee 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 658, sec. 5.2, adopted 1/14/2019; Ordinance adopting 2023 Code)
This 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 city limits shall serve as the authorized boundaries for the operation and housing of amusement redemption machines.
(Ordinance 658, sec. 5.3, adopted 1/14/2019)
(a) 
Persons under 21.
The presence of persons under 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. 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.
(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 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 be cause for revocation of a local premises gaming permit for amusement redemption machines issued pursuant to this article.
(c) 
Gambling.
A person commits an offense if he makes a bet on the partial or final result of a game or contest or on the performance of a participant in a game or contest; or plays and bets for money or other thing of value at any game played with cards, dice, balls, or any other gambling device; or if he plays for money using an electronic, electromechanical, computerized or mechanical contrivance including the definition of gambling device [in] V.T.C.A., Penal Code section 47.01(4).
(d) 
Violations; penalty.
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 this article 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 vendee in possession, assignee or renter, receiver, executor, trustee, or 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) 
View of machines.
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.
(h) 
Age of operator.
A game room operator must be a person who is at least 21 years of age.
(i) 
Number of machines.
Total number of machines in one establishment shall be limited to 50.
(j) 
Permits required.
All machines must be permitted according to the permitting requirements of these regulations.
(Ordinance 658, sec. 5.4, adopted 1/14/2019)