Amusement redemption machine means any electronic, electromechanical,
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. An amusement redemption machine also includes a 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 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 (10) times the amount charged to play
the game or device once, or five dollars ($5.00), whichever is less.
An 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; or a representation of value redeemable
for those items; or
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, loss, hit, or drop a ball or other physical object
into the machine or a part thereof, including basketball, skeeball,
golf, bowling, pusher, or similar machines.
means a building, facility, or other place where one (1)
or more amusement redemption machines are present.
means a person who:
Has an ownership interest in, or receives the profits from,
an amusement redemption machine establishment or an amusement redemption
machine located in an establishment;
Is a partner, director, officer, or trustee of a business, company,
partnership, joint venture, trust, corporation, or other entity that
has an ownership interest in an amusement redemption machine establishment
or in an amusement redemption machine in an establishment;
Is a shareholder that holds more than ten percent (10%) of the
outstanding shares of a business, company, partnership, joint venture,
trust, corporation, or other entity that has an ownership interest
in an amusement redemption machine establishment or in an amusement
redemption machine in an establishment;
Has been issued by the county clerk, an assumed name certificate
for a business that owns an amusement redemption machine establishment
or an amusement redemption machine located in an establishment;
Signs a lease for an amusement redemption machine establishment;
Receives a certificate of occupancy or certificate of compliance
for an amusement redemption machine establishment;
Pays for advertisement of an amusement redemption machine establishment;
or
Signs an alarm permit for an amusement redemption machine establishment.
means a police officer, code enforcement officer, fire marshal,
or building official of the city.
means any person, individual, firm, company, association,
partnership, joint venture, trust, corporation, or other entity operating
an amusement redemption machine establishment in the city.
means an individual who supervises, manages, or participates
in the performance of activities that contribute to the functioning
of an amusement redemption machine establishment, including, but not
limited to, operating a cash register/drawer, credit card transactions,
or some other depository on the premises of an amusement redemption
machine establishment; who displays, delivers, or provides to a customer
of an amusement redemption machine establishment merchandise, goods,
entertainment, or other services; who takes orders from a customer
of an amusement redemption machine establishment for merchandise,
goods, entertainment, or other services; or who acts as a door attendant
to regulate the entry of an amusement redemption machine establishment’s
customers.
means a gift certificate or gift card that is presented to
a merchant in exchange for merchandise.
(Ordinance O-01062020-01, sec. 1,
adopted 5/3/21)
(a)
License required.
No person shall maintain, display
for patronage, or otherwise keep for operation by the patrons any
amusement redemption machine without first obtaining a license from
the city.
(b)
Fee; issuance.
An owner, operator, or lessee of premises
on which an amusement redemption machine is made available to others
shall be required to secure a license by paying to the city an annual
inspection and license fee per amusement redemption machine, as set
forth in the fee schedule in appendix A of this code, in full at the
time of license issuance. The license shall be issued by the code
enforcement officer. Upon payment of the fee and compliance with all
licensing requirements, the license shall be issued by the city.
(c)
Expiration, renewal and late fee.
A license issued under
this section shall automatically expire on the anniversary date of
the issuance of the license. 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 establishment. A license may be renewed for the following
year beginning sixty (60) days before expiration of the current license
by filing a completed application and paying the applicable fee. A
renewal application shall be subject to the same requirements as an
application for a new license. Failure to obtain the renewal within
thirty (30) days after expiration will require such person to pay
an additional late fee in an amount equal to twenty percent (20%)
of the fee actually due or twenty (20%) percent of the previous year’s
fee, whichever amount is greater, in order to obtain reinstatement
of his license. Nothing herein authorizes the licensee to operate
after the expiration of a license and before a renewal is effective.
Such license shall also automatically expire if the licensee sells,
transfers equity, or otherwise disposes of such amusement redemption
machines. The city shall not refund any portion of an amusement redemption
machine license fee after the license is issued, nor shall it prorate
or reduce in amount any fee due to the city.
(d)
Sealing of machines.
The city shall have the authority
to seal any amusement redemption machine located at an establishment
for which an amusement redemption machine establishment license has
not been secured. A fee as set forth in the fee schedule in appendix
A of this code will be charged for the release of each machine sealed
for nonpayment of the amusement redemption machine establishment license
fee.
(e)
Posting of license.
The registration of amusement devices
certificate shall be conspicuously posted inside the building. The
license shall list the date of issue and the date of expiration. The
license shall list the name of the licensee, name of the amusement
redemption machine establishment, list the amusement redemption machines
licensed, and the physical address of the establishment. If the license
holder is a corporation or other legal entity, then the license shall
also list the person(s) asserting control over the legal entity. The
license shall list any applicable exemption to the requirements of
this article for which the licensee is qualified.
(f)
Transfer or assignment of license.
A license for an
amusement redemption machine establishment under this section is not
assignable or transferable.
(g)
No vested rights.
A license for an amusement redemption
machine establishment vests no property right in the licensee except
to maintain, display for patronage, and permit the use for skill or
pleasure of amusement redemption machines in accordance with the terms
and conditions of this article.
(h)
License limitation.
A license for an amusement redemption
machine establishment is effective for a single place of business
only.
(Ordinance O-01062020-01, sec. 2,
adopted 5/3/21; Ordinance adopting
2023 Code)
A person desiring a license to operate an amusement redemption
machine establishment shall file a written application with the code
enforcement officer. A separate application must be filed for each
location sought to be licensed. The application must be on a form
provided by the city, and must contain the following information.
Any failure to provide the following information or documents shall
be grounds for denial of the application to which it applies:
(1)
Name,
address, telephone number, and copy of government-issued photo identification
of the applicant if the applicant is a natural person;
(2)
Name,
address, telephone number, and copy of government-issued photo identification
of all amusement redemption machine owners or amusement machine establishment
owners;
(3)
Name,
address, and telephone number of the business or entity;
(4)
If
incorporated, the name of the business registered with the Texas Secretary
of State;
(5)
If
a partnership, the name, address, telephone number, and copy of government-issued
photo identification of each of the general and limited partners;
(6)
The
trade name by which the applicant does business and 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;
(7)
The
street address of the premises;
(8)
If
applicant is not the owner of the premises, the applicant shall furnish
the name, address, and telephone number of the property owner;
(9)
Name,
address, and telephone number of the manager or operator of the premises
to be licensed;
(10)
Number of amusement redemption machines in the premises to be licensed
and the serial number of each amusement redemption machine;
(11)
Whether a previous amusement redemption machine establishment license
of the applicant, or, if applicable, an officer of the applicant,
has been revoked within two (2) years of filing of the application;
(12)
The previous occupation(s) of the applicant and, if applicable, all
officers and partners of the applicant within the preceding five (5)
years;
(13)
Name, address, and telephone number of an emergency contact owner
or manager or operator who can be reached after hours;
(14)
A floor plan of the amusement redemption machine establishment interior
depicting the layout of the establishment 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;
(15)
If the applicant or owner(s) have been convicted of any crime directly
related to an amusement redemption machine establishment, the date,
location, and nature of the offense and the penalty received;
(16)
Each applicant shall sign a waiver authorizing the city to conduct
a criminal history background check on the applicant and owner(s);
and
(17)
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 establishment
will not violate any applicable deed restrictions;
(D)
The amusement redemption machine establishment will be operated in
accordance with all city ordinances and laws of this state.
(Ordinance O-01062020-01, sec. 3,
adopted 5/3/21)
(a)
Building and fire code standards.
All building and fire
code standards must be met. Inspection by the code enforcement officer
and the issuance of a certificate of occupancy shall be obtained before
a license for an amusement redemption machine establishment is issued.
(b)
Allowable locations.
Amusement redemption machine establishments
shall only be located in existing Commercial District (C-2), Manufacturing,
Warehousing and Wholesaling District (M), or General Industrial District
(I) zones.
(c)
Distancing restrictions.
(1)
No amusement redemption machine establishments shall be situated
within three hundred (300) feet of any church, school, residential
district or use, hospital or any other amusement redemption machine
establishment. The distance shall be measured along the property lines
of the street fronts and from front door to front door, or to the
zoning district, park, school, or hospital, as applicable, and direct
lines across intersections.
(2)
Only one (1) amusement redemption machine establishment shall be
allowed on any lot or in any single building, structure or tenant
space within a strip center.
(d)
Exemption of existing establishments.
Amusement redemption
machine establishments are exempt from the zoning and distancing restrictions
of this section upon proof that the applicant continuously owned and
operated the amusement redemption machine establishment at the same
location and under the same name prior to the effective date of this
section. If the amusement redemption machine establishment changes
its name, its owner, or adds another owner after this date, or if
the permit is allowed to lapse, then the amusement redemption machine
establishment will be considered a new amusement redemption machine
establishment and not exempt from the zoning and distancing requirements.
(e)
Access to premises.
All amusement redemption machine
establishments shall have all doors providing ingress and egress from
the establishment unlocked during hours of operation.
(g)
Supervision.
A manager or operator of the licensed premises
must be present to supervise the operation of the amusement redemption
machine establishment. The amusement redemption machine establishment
shall not be left unattended.
(h)
View of interior.
Amusement redemption machines must
be situated within the licensed premises as to be in full and open
view through all windows and public access doors, which entails being
visible to all customers of the establishment. Windows and doors must
be clear of all items that would obstruct a clear view, including,
but not limited to, tinting, signage, advertisements, shelving, and
merchandise.
(i)
Amusement redemption machine establishment memberships.
(1)
Amusement redemption machine establishment memberships are prohibited
for any purpose.
(2)
An amusement redemption machine establishment shall not restrict
entry to an establishment or prohibit the participation in any activity
inside an establishment by a patron through the requirement of an
amusement redemption machine establishment membership.
(3)
Amusement redemption machine establishments shall not issue membership
cards to any individual for any purpose.
(4)
Amusement redemption machine establishments shall not have, make
use of, employ, or require check-in procedures of any kind prior to
entering or before exiting a game room.
(j)
Minors prohibited.
No person under the age of eighteen
(18) years shall be permitted inside the building, structure, facility
or space housing the amusement redemption machine establishment.
(k)
Sign prohibiting minors.
A sign stating that no one
under the age of eighteen (18) is allowed inside the amusement redemption
machine establishment building shall be posted in plain sight immediately
inside the entrance stating that: “No person under the age of
eighteen (18) years shall be permitted inside the building, structure,
facility or space housing the amusement redemption machine establishment.”
(l)
Age requirement for manager.
An amusement redemption
machine establishment manager or operator must be a person who is
at least eighteen (18) years of age.
(m)
Sign relating to assistance with gambling problem.
A
sign shall be posted in plain sight immediately inside the entrance
stating that: “If you or anyone you know has a gambling problem,
call 1-800-522-4700. Si usted o alguien que usted conoce tiene un
problema de adiccion al juengo, Llame at 1-800-522-4700.”
(n)
Illegal machines or devices.
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 section of the Penal
Code of this state, or the constitution of this state.
(Ordinance O-01062020-01, sec. 4,
adopted 5/3/21)
(a)
The
city shall refuse to approve issuance or renewal of a license for
one or more of the following reasons:
(2)
A determination by a city official 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 an amusement redemption machine establishment license
of the applicant, an owner, or an officer of the applicant within
two (2) years preceding the filing of the application;
(5)
Refusal or failure to pay the correct license fee amount;
(6)
The applicant or an owner for such license has, within the past three
(3) years, been convicted of any level of offense for the following
crimes:
(A)
Gambling, gambling promotion, keeping of a gambling place, communicating
gambling information, possession of gambling devices or equipment,
or possession of gambling paraphernalia as described in chapter 47
of the Texas Penal Code, as amended (V.T.C.A. Penal Code, chapter
47);
(B)
A criminal offense as described in V.T.C.A. Penal Code, chapter 31,
as amended;
(C)
A criminal offense as described in V.T.C.A. Penal Code, chapter 32,
as amended;
(D)
A criminal offense as described in V.T.C.A. Penal Code, chapter 34,
as amended;
(E)
A criminal offense as described in V.T.C.A. Penal Code, chapter 35,
as amended;
(F)
Criminal attempt, conspiracy, or solicitation to commit any of the
foregoing offenses against the laws of this state; or
(G)
Violation of the law of another state or of the United States that,
if committed in this state, would have been punishable as one (1)
or more of the aforementioned offenses.
(7)
An applicant is under eighteen (18) years of age.
(b)
The
city shall not issue or renew an amusement redemption machine establishment
license and shall suspend or cancel a license if it be determined
that the applicant or licensee is indebted to the city for any fee,
costs, penalties, or delinquent taxes.
(Ordinance O-01062020-01, sec. 5,
adopted 5/3/21)
(a)
Power and authority.
If any amusement redemption machine
establishment owner or other entity who owns, operates, exhibits,
or displays any amusement redemption machine(s) in an amusement redemption
machine establishment in this city violates 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 license shall be suspended or revoked ten (10)
days from the date of such notice.
(b)
Suspension.
The code enforcement officer shall suspend
a license for a period not to exceed thirty (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 establishment premises; or
(3)
Demonstrated an inability to operate or manage an amusement redemption
machine establishment in a peaceful and law-abiding manner thus necessitating
action by law enforcement officers.
(c)
Revocation for continuing violation.
The code enforcement
officer shall revoke a license if a cause of suspension occurs and
the license has been previously suspended within the preceding twelve
(12) months.
(d)
Automatic revocation.
The code enforcement officer 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; or
(3)
A licensee or an employee of a licensee knowingly operated the amusement
redemption machine establishment during a period of time when the
licensee’s license was suspended.
(e)
Effect of revocation.
No license shall be issued within
a period of one (1) year to anyone whose license has been revoked.
If the license of an amusement redemption machine establishment owner
or other entity owning, operating, or displaying amusement redemption
machines in this city is revoked, such amusement redemption machine
establishment owner or other entity shall not operate, display, or
permit to be operated or displayed any amusement redemption machines
in any establishment until a new license is granted.
(Ordinance O-01062020-01, sec. 6,
adopted 5/3/21)
If a city official refuses to approve the issuance of a license
or the renewal of a license to an applicant, or suspends or revokes
an amusement redemption machine establishment license, this action
is final unless the applicant or licensee, within ten (10) days after
the receipt of written notice of the action, files a written appeal
with the city secretary to the city council setting forth specific
grounds for the appeal. The city council shall, within thirty (30)
days, grant a hearing to consider the action. The city council shall
consider all evidence in support of or against the action appealed.
The decision of the city council is final.
(Ordinance O-01062020-01, sec. 7,
adopted 5/3/21)
(a)
A
license for an amusement redemption machine establishment shall be
displayed at or near the entrance of the business premises, and such
display shall be permanent and conspicuous.
(b)
A
decal shall be issued by the city for every amusement redemption machine
located in a licensed amusement redemption machine establishment.
(1)
The decal for each amusement redemption machine shall be numbered
and is deemed personal to the machine and location for which it is
issued. No decal attached to an amusement redemption machine shall
be placed on another amusement redemption machine. No amusement redemption
machine shall be moved to another location in the city without first
amending the license and obtaining a new decal for the machine.
(2)
The decal shall be permanently and conspicuously attached to a permanent
surface of the amusement redemption machine. Decals not properly displayed
will be invalid.
(3)
The decal shall be valid until the amusement redemption machine is
moved from the location for which it is issued or until the license
is suspended or revoked.
(4)
The decal shall contain the serial number of the machine.
(Ordinance O-01062020-01, sec. 8,
adopted 5/3/21)
A replacement license may be issued for a lost, destroyed, or
mutilated license, upon application on a form provided by the city.
A replacement license shall have the word “REPLACEMENT”
stamped across its face and shall bear the same number as the one
it replaces.
(Ordinance O-01062020-01, sec. 9,
adopted 5/3/21)
(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 code enforcement officer and the fire marshal may enter into
the premises where such amusement redemption machines are located
at any time during normal business hours for the purpose of inspecting
said premises for fire hazards.
(b)
It
shall be the duty of all owners, managers, or operators of an amusement
redemption machine establishment to provide any city official with
immediate unrestricted access during business hours to all areas of
an amusement redemption machine establishment and to all amusement
redemption machines.
(c)
Any
city official may inspect an amusement redemption machine establishment
or amusement redemption machine(s) located in the city to determine
whether the establishment or amusement redemption machine(s) comply
with city ordinances and state laws.
(d)
The city shall have the authority to seal any amusement redemption machine in accordance with section 5.05.002(e) [5.05.002(d)] of this article, as amended.
(e)
The
manager, operator, or owner of an amusement redemption machine establishment
shall maintain accurate and legible records of the daily intake of
cash/credit paid to play amusement redemption machines and maintain
records of payouts including rights of replay, non-cash merchandise
prizes, toys, or novelties, or a representation of a value redeemable
for those items received by customers for play and approximate cost
of such. The records or keys to the motherboard shall be presented
to city officials upon request. A refusal to comply with such requests
shall be grounds for revocation of a license. A refusal to provide
a key to the motherboard shall be consent to damaging by physical
entry into the machine for the purpose of removal of the motherboard
when such entry is otherwise authorized by law.
(Ordinance O-01062020-01, sec. 10,
adopted 5/3/21)
A licensee hereunder shall not permit any of the following activities
within the licensed premises:
(1)
The
sale, purchase, possession or consumption of any alcoholic beverages
as defined by the Texas Alcoholic Beverage Code unless the premises
is licensed under the provisions of said code for the sale, purchase,
or possession of alcoholic beverages;
(2)
The
operation of any amusement redemption machine by a person younger
than eighteen (18) years of age;
(3)
Gambling
by any person;
(4)
The
possession of gambling materials;
(5)
Unlawful
or criminal activity of any kind; and
(6)
The
storing, displaying, or exhibition on the premises of any amusement
redemption machine where the license for the establishment is expired
or there is no permit.
(Ordinance O-01062020-01, sec. 11,
adopted 5/3/21)
This article shall not be construed to authorize or permit the
keeping, exhibition, operation, display, or maintenance of any machine
that is prohibited by the constitution of this state or V.T.C.A. Penal
Code, chapter 47.
(Ordinance O-01062020-01, sec. 12,
adopted 5/3/21)
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this article shall be fined in accordance with the general penalty provided in section 1.01.009 of this code for all other violations of this article. Each day that a violation is permitted to exist shall constitute a separate offense. In addition, any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this article may be subject to such civil penalties as authorized by law.
(Ordinance O-01062020-01, sec. 15,
adopted 5/3/21; Ordinance adopting
2023 Code)
