The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Amusement redemption machine.
Any electronic, electromechanical or mechanical contrivance
designed, made and adapted solely for bona fide amusement purposes
if the contrivance rewards the player exclusively with noncash merchandise,
prizes, 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 amount is less.
City official.
Any code enforcement officer or building official of the
city or any law enforcement officer.
Excluded machine.
The following are not considered an "amusement redemption
machine" for purposes of this article:
(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;
(2)
A machine from which the opportunity to receive noncash 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 object
into the machine or a part thereof, including basketball, skeet ball,
golf, bowling, pusher, or similar machines; or
(3)
A machine or any device defined in Texas Penal Code section
47.01 as a gambling device, or any activity prohibited or described
in Texas Penal Code chapter 47.
Licensee.
Any person, individual, firm, company, association, or corporation
operating an amusement redemption machine game room in the city.
(Ordinance 23-3741 adopted 2/28/2023)
(a)
An owner, operator, or lessee of a game room with amusement
redemption machines shall be required to secure an annual license
and no person shall operate an amusement redemption machine game room
in the city without first obtaining a license from the city, as required
by this article. No license shall be issued until:
(1)
Verification that the state occupation tax has been paid for
each amusement redemption machine within the premises as required
under the Texas Occupations Code chapter 2143;
(2)
The annual license fee as set forth in the master fee schedule
has been paid; and
(3)
A tax permit issued by the state and all seals required by the
state are securely affixed to each amusement redemption machine.
(b)
Upon payment of the license fee, compliance with all licensing
requirements and the terms of this article, a license shall be issued
by the city.
(c)
A license issued for an amusement redemption machine game room
under this article:
(1)
Is an annual license which expires December 31st of each year
unless it is suspended or cancelled earlier;
(2)
Is effective for a single place of business only;
(3)
Vests no property right in the licensee except to maintain,
display for public patronage, and permit the use or skill or pleasure
of amusement redemption machines in accordance with the terms and
conditions of this article;
(4)
Shall automatically expire if the licensee thereof sells the
property or the business, transfers equity to accomplish same, or
otherwise disposes of amusement redemption machines;
(5)
Is not assignable or transferable; and
(6)
Is nonrefundable after being issued and is not subject to proration
or reduction.
(Ordinance 23-3741 adopted 2/28/2023; Ordinance 23-3746 adopted 5/23/2023)
(a)
Every game room shall have transparent unobstructed windows
or open space on at least one (1) side so that the area is open to
view by the general public passing by on a public street or using
a corridor, lobby or other room to which the public has access and
is admitted without charge.
(b)
The owner, manager or employee of a game room shall not permit
any obstruction of such public view by the use of drawn shades, blinds,
partitions, tinting or other structures or obstructions.
(Ordinance 23-3741 adopted 2/28/2023)
(a)
All building and fire code standards must be met. Inspection
by city officials and the issuance of a certificate of occupancy shall
be obtained before a license for a game room as defined under this
article is issued.
(b)
Only one game room shall be permitted on any lot or in any single
building, structure or strip center except for game rooms in existence
as of the date this article goes into effect and which do not meet
this criteria; in which case full compliance with this subsection
shall be required within six (6) months of the effective date of this
article or upon abandonment of use at such location, whichever occurs
first.
(c)
No amusement redemption machine game room shall be situated
within 300 feet of any church, school or hospital except for game
rooms in existence as of the date this article goes into effect and
which do not meet this criteria; in which case full compliance with
this subsection shall be required within six (6) months of the effective
date of this article or upon abandonment of use at such location,
whichever occurs first.
(d)
The distance shall be measured in a straight line without regard
to intervening objects or structures and from the nearest lot line
of the amusement redemption machine game room seeking a license to
the nearest lot line of the church, school, daycare, or hospital.
(e)
No amusement redemption machines or related business activities
shall be allowed to be situated and/or performed outdoors.
(f)
The hours of operation for an amusement redemption machine game
room shall be limited to the following hours:
(1)
Monday through Thursday, open at 11:00 a.m. and close at 11:00
p.m.; and
(2)
Friday through Sunday, open at 11:00 a.m. and close at 12:00
a.m.
(g)
One parking space shall be provided for each two amusement redemption
machines within the amusement redemption machine game room, plus one
additional parking space for each employee per shift.
(h)
The owner, operator, or manager of the licensed premises must
be present to supervise the operation of the amusement redemption
machine game room. The amusement redemption machine game room shall
not be left unattended.
(i)
Amusement redemption machines must be situated within the licensed
premises as to be in full and open public view, which entails being
visible to all patrons of the establishment.
(j)
No person under the age of 18 years shall be permitted inside
the building, structure, facility or space housing the amusement redemption
machine game room.
(k)
The owner, operator, or manager of the licensed premises shall
mark each entrance to a game room with a sign in one and one-half
inch (1-1/2") or larger block letters and which is legible from a
distance of at least 25 feet that states the following:
"Game room: No person under the age of 18 years permitted."
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(l)
The total number of amusement redemption machines allowed in
one game room establishment shall be limited to a maximum number of
fifty (50) operational amusement redemption machine games. For purposes
of this section, any back-up, nonoperational or replacement amusement
redemption machines will not count towards this maximum limit so long
as they are secured in a locked storage area or closet to which the
public is not allowed to enter and such machines shall not be connected
to electricity or otherwise be operational.
(m)
Game rooms shall only be permitted in the light industrial (LI) and general commercial (GC) zoning districts as a special use in accordance with chapter
14 of this code. A person, including the manager, operator or owner of a game room, commits an offense if he or she operates or permits the operation, or establishment of a game room in any other zoning district of the city.
(n)
Nothing contained herein shall be construed or have the effect
to license, permit, authorize or legalize any machine, device, table,
or gaming machine, the keeping, exhibition, operation, display or
maintenance of which is illegal or in violation of any ordinance of
the city, any regulation of the county, any section of the penal code
of this state, or the constitution of this state.
(Ordinance 23-3741 adopted 2/28/2023)
(a)
An applicant for a license under the provisions of this article
shall file with the city secretary a written application on a form
provided for that purpose by the city which shall be signed by the
applicant, who shall be the owner of the amusement redemption machine
game room sought to be licensed. A separate application must be filed
for each location sought to be licensed. The following information
is required in the application:
(1)
Name, address, telephone number, cell phone number, e-mail address
and driver's license number of the applicant if the applicant
is a natural person;
(2)
Name, address, telephone number, cell phone number, e-mail address
and driver's license number of all persons who own 25% or more
interest in the amusement redemption machine game room;
(3)
Name, address, telephone number, cell phone number, e-mail address
and driver's license number of all corporate officers, if any,
of such business;
(4)
Name, address, telephone number of the business;
(5)
If incorporated, the name of the business registered with the
Texas Secretary of State as well as the name, address and contact
information of the registered agent;
(6)
If a partnership, the name, address, telephone number, cell
phone number, e-mail address and driver's license of each of
the general and limited partners;
(7)
The trade name by which the applicant does business and a true
and correct copy of the registration of the applicant's assumed
name filed in the office of the county clerk, bearing the file mark
or stamp that evidences its filing in that office;
(8)
The street address of the premises;
(9)
If applicant is not the owner of the premises, the applicant
shall furnish the name, address, telephone number, cell phone number
and e-mail address of the property owner;
(10)
Name, address, telephone number, cell phone number and e-mail
address of the operator of the premises to be permitted;
(11)
Number of amusement redemption machines in the premises to be
permitted and the serial number of each amusement redemption machine;
(12)
Whether a previous license of the applicant, or, if applicable,
a corporate officer of the applicant, has been revoked within two
years of filing of the application;
(13)
The previous occupation(s) of the applicant and, if applicable,
all corporate officers and partners of the applicant within the preceding
five years;
(14)
A notarized statement, under oath, that:
(A) All the facts contained in the application are
true and correct;
(B) The amusement redemption machines are not and will
not be used as gambling devices;
(C) The location and operation of the amusement redemption
machine game room will not violate any applicable deed restrictions;
(D) The amusement redemption machine game room will
be operated in accordance with all laws;
(15)
Name, address, telephone number, cell phone number and e-mail
address of an emergency contact person who can be reached after hours;
(16)
A floor plan of the amusement redemption machine game room interior
depicting the layout of the amusement redemption machine game room
interior specifically including, but not limited to, the location
of all amusement redemption machines, coin operated machines or devices,
the manager's station(s), restroom facilities, kitchen and bar
facilities, if any, and all areas to which patrons will not be permitted;
and
(17)
Any other plans that may be required by this code.
(b)
Any failure to provide the documents required by this section
shall be grounds for denial of the application to which it applies.
(Ordinance 23-3741 adopted 2/28/2023)
(a)
A license may be renewed for the following calendar year beginning
October 1st of each year by filing a completed application for each
license and paying the applicable fee set forth in the master fee
schedule. A renewal application shall be subject to the same requirements
in this section as for a license application.
(b)
Upon the expiration of a license, the licensee shall be required
to obtain a renewal of the expired license if the licensee wishes
to continue operating an amusement redemption machine game room. Failure
to obtain the renewal within 30 days after expiration may require
such person to pay an additional late fee in an amount equal to 20%
of the fee as currently established or as hereafter adopted by city
council from time-to-time. Nothing herein authorizes the licensee
to operate after the expiration of a license and before a renewal
is effective.
(Ordinance 23-3741 adopted 2/28/2023; Ordinance 23-3746 adopted 5/23/2023)
(a)
The city shall refuse to approve issuance or renewal of a permit
or licensee for one or more of the following reasons:
(1)
Any failure to provide the information required by this article;
(2)
A determination by the city that inaccurate, erroneous or incomplete
information has been submitted;
(3)
A false statement as to a material matter made in an application
for a license;
(4)
Revocation of a license, pursuant to this article, of the applicant
or a co-owner or a corporate officer of the applicant within two years
preceding the filing of the application;
(5)
Refusal or failure to pay the state occupation tax on any amusement
redemption machine;
(6)
Refusal or failure to pay the correct license fee amount;
(7)
The applicant or a co-owner for such license has, within the
past three years, been convicted of any violation of this article;
(8)
The applicant or a co-owner for such license has, within the
past five years, been convicted of any violation of regulations adopted
by the county relating to game rooms;
(9)
The applicant or a co-owner for such license has, within the
past five years, been convicted of a felony; and/or
(10)
The applicant or a co-owner for such license has, within the
past ten years, been convicted of a crime of moral turpitude. For
purposes of this article, a crime of moral turpitude is any crime
involving dishonesty, fraud, deceit, misrepresentation or is defined
as a crime of moral turpitude in the state . This includes, without
limitation, the following crimes:
(A) Theft or theft of service;
(C) Making a false statement to obtain property or
credit;
(D) Deceptive business practices;
(E) Fraudulent filing of financing statement;
(F) Bank fraud, insurance fraud or mail fraud;
(G) Lying to a law enforcement officer (filing a false
report);
(I) Conspiracy to bribe a public official;
(K) Failure to stop and render aid;
(M) Prostitution or promoting prostitution;
(O) Assault or aggravated assault by a male on a female;
(Q) Sexual assault of a child;
(b)
The city shall not issue or renew a license under this article
and shall suspend or cancel a license if it be determined that the
owner, applicant or licensee is indebted to the city for any fee,
costs, penalties, or delinquent taxes.
(Ordinance 23-3741 adopted 2/28/2023)
(a)
Power and authority.
If any individual, company,
corporation or association who owns, operates, exhibits, or displays
any amusement redemption machine(s) in an amusement redemption machine
game room in this city shall violate any provision of this article,
the city shall have the power and authority to suspend or revoke the
license(s) issued hereunder to any of the foregoing by giving written
notice, stating the reason justifying such suspension or revocation,
and the same shall be suspended or revoked ten days from the date
of such notice.
(b)
Suspension. The city manager or his designee
shall suspend a license for a period not to exceed 30 days if he determines
that a licensee or an employee of a licensee has:
(1)
Violated or is not in compliance with any of the provisions
of this article;
(2)
Refused to allow or interfered with an inspection of the amusement
redemption machine game room premises;
(3)
Based on evidence presented to the city manager, permitted one of the prohibited activities outlined in §
4.13.012; or
(4)
Demonstrated an inability to operate or manage an amusement
redemption machine game room in a peaceful and law-abiding manner
thus necessitating action by law enforcement officers.
(c)
Revocation for continuing violations.
The city
manager or his designee shall revoke a license if a cause of suspension
occurs and the license has been previously suspended within the preceding
twelve months.
(d)
Automatic revocation.
The city manager or his
designee shall revoke a license if he determines that:
(1)
A licensee gave false or misleading information in the material
submitted to the city during the application process;
(2)
A licensee or an employee of a licensee knowingly allowed the
possession, use, or sale of a controlled substance on the premises;
(3)
A licensee or an employee of a licensee was arrested on the
premises for unlawful or criminal activity being conducted on the
premises; or
(4)
A licensee or an employee of a licensee knowingly operated the
amusement redemption machine game room during a period of time when
the licensee's permit was suspended.
(e)
Effect of revocation.
No license shall be issued
within a period of one year to anyone whose license has been revoked,
except at the discretion of the city manager or his designee. If the
license of an individual, company, corporation, or association owning,
operating, or displaying amusement redemption machines in this city
is cancelled, such individual, company, corporation or association
shall not operate, display or permit to be operated or displayed such
amusement redemption machines in any amusement redemption machine
game room until a new license is granted.
(Ordinance 23-3741 adopted 2/28/2023)
If the city manager or his designee refuses to approve the issuance
of a license or the renewal of a license to an applicant, or suspends
or revokes a license issued under this article, this action is final
unless the applicant or licensee, within ten days after the receipt
of written notice of the action, files a written appeal with the city
secretary, who shall, within ten days after the appeal is filed forward
same to city council for its consideration at a public meeting following
a hearing. The city council shall, within 30 days, grant such hearing
to consider the action. The city council has authority to sustain,
reverse, or modify the action appealed. The decision of the city council
is final.
(Ordinance 23-3741 adopted 2/28/2023)
A valid license issued under this article for an amusement redemption
machine game room shall be displayed at or near the entrance of the
business premises, and such display shall be permanent and conspicuous.
(Ordinance 23-3741 adopted 2/28/2023)
(a)
The premises in which such amusement redemption machines are
located shall conform to all building codes and fire prevention codes
of the city and the fire official of the city and his assistants,
the city inspector/code enforcement officer, and the chief building
official may enter into the premises where such amusement redemption
machines are located at any time during normal business hours for
the purposes of inspecting said premises for fire hazards.
(b)
All law enforcement personnel and the inspector/code enforcement
officer of the city shall have the right to enter into said premises
at any time during normal business hours for the purpose of inspection
and enforcement of the terms of this article.
(c)
The city shall have the authority to seal any amusement redemption
machine located in any amusement redemption machine game room for
which the state occupation tax has not been paid. A fee as provided
for in the master fee schedule will be charged for the release of
any machine sealed for nonpayment of said occupation tax.
(Ordinance 23-3741 adopted 2/28/2023; Ordinance 23-3746 adopted 5/23/2023)
A licensee hereunder shall not permit any of the following activities
within the licensed premises:
(1)
The operation of any amusement redemption machine by a person
younger than 18 years of age;
(3)
The possession of gambling materials; and
(4)
Unlawful or criminal activity of any kind.
(Ordinance 23-3741 adopted 2/28/2023)
Any person who desires a license for the operation of two or
more amusement redemption machines in one specific location shall
be required to provide sufficient off-street parking to accommodate
the vehicles of the patrons as provided for herein. Such parking area
shall be maintained in a safe, clean manner and shall not interfere
with safe and expeditious movement of other vehicular or pedestrian
traffic.
(Ordinance 23-3741 adopted 2/28/2023)
Nothing herein shall be construed or have the effect to license,
permit, authorize or legalize any machine, device, table, or gaming
machine, the keeping, exhibition, operation, display or maintenance
of which is illegal or in violation of any ordinance of the city,
any regulation of the county, any section of the penal code of this
state, or the constitution of this state.
(Ordinance 23-3741 adopted 2/28/2023)
(a)
Any violation of this article by any person shall constitute a misdemeanor and shall be punishable by a fine in accordance with the general penalty provision found in section
1.01.009 of this code. This penalty provision shall be in addition to any other legal or equitable remedies available to the city to enforce this article.
(b)
Proof of a culpable mental state is not required for a conviction
of an offense under this article.
(c)
Each day that a violation occurs is a separate offense.
(d)
In addition to the penalty described in subsection
(a) above, the city may pursue other remedies such as injunctive relief, abatement of nuisance, revocation current license and securing an amusement redemption machine so as to render it inoperable.
(Ordinance 23-3741 adopted 2/28/2023)