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 section of the Penal Code of this state, or the Constitution of this state.
(Ordinance 23-073 adopted 9/26/2023)
(a) 
It shall be the duty of all owners or operators of a game room, or other person exercising control over a game room, a portion of a game room, to provide any law enforcement officer, fire life safety officer or code enforcement officer with immediate unrestricted access during business hours to all areas of a game room and to all amusement redemption machines.
(b) 
The game room must comply with all locally adopted ordinances and comply with all federal, state, and local ordinances and regulations at the time of the submission of the application for a permit.
(c) 
A game room owner, operator or any person who does not allow immediate access to the area of the game room where such machines were located to officials for the purpose of inspection or enforcement commits an offense. See penalty fees listed in section 6.10.097.
(d) 
A game room shall provide doors that are readily accessible without the use of a special key, special knowledge or effort during business hours or any other hours of operation.
(e) 
It shall be unlawful for a game room owner or operator to exhibit or display, or permit to be exhibited or displayed for commercial use, any gaming machine which:
(1) 
Does not have properly attached decal evidencing payment of applicable occupation tax and machine registration;
(2) 
Is located at any address or location other than the location listed for such machine as shown in the records of the city; or
(3) 
Has affixed to it a decal other than the decal issued for such as shown in the records of the city.
(f) 
Except other provided by this section, if it be shown that a person has violated this article, upon conviction, the defendant shall be punished by a fine of not less than two hundred dollars ($200.00).
(g) 
Upon second conviction for a violation of this article, the defendant shall be punished by a fine of not less than five hundred dollars ($500.00).
(h) 
Any violation charged pursuant to this section shall be independent of and may be in addition to any administrative penalties which may be imposed regarding the suspension, revocation or denial of any permit or license granted under this article.
(Ordinance 23-073 adopted 9/26/2023)
(a) 
The fire chief shall seal, in a manner that will prevent further operation, any gaming machine upon which the tax required by this article has not been paid or upon which the decal is not properly displayed. The game room owner or operator of any machine subject to this article shall be required to pay a fee equal to the maximum amount permitted under section 2153.453 of the Texas Occupations Code for the release of any machine sealed, as provided herein, for nonpayment of the tax or failure to properly display the decal evidencing the payment of the tax and proper registration of the machine. The current fee amount shall be five dollars ($5.00) for each sealed machine. Upon proof of payment of the occupation tax provided for in section 6.10.041 of this article, and the release fee, the fire chief will remove the seal.
(b) 
Any game room owner desiring to contest the tax, fee, or penalty owed to the city to secure the release of a sealed machine may request a hearing by delivering written notice to the city clerk setting forth the specifics of the challenge. The city council shall either hear the challenge or select a hearing officer to preside over the hearing. The city council or hearing officer shall within fourteen (14) days of the notice of challenge grant a hearing to consider the action. The decision of either the city council or hearing officer is final.
(Ordinance 23-073 adopted 9/26/2023)
It shall be unlawful to remove from the permitted site any machine that has been it shall be unlawful to remove from the permitted site any machine that has been sealed pursuant to section 6.10.093 of this article. Whoever removes or causes to be removed a machine that is sealed shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than $100.00.
(Ordinance 23-073 adopted 9/26/2023)
(a) 
In addition to the fines and penalties provided in this article, if it appears that a person has violated or is violating or is threatening to violate any provisions of this article, the city attorney may institute a civil suit in a court of competent jurisdiction for injunctive relief to restrain the person from continuing the violation or threat or violation.
(b) 
On application for injunctive relief and a finding that a person is violating or threatening to violate any provision of this article, the court shall grant such injunctive relief as the facts may warrant.
(Ordinance 23-073 adopted 9/26/2023)
(a) 
All law enforcement personnel, inspectors, and other designated personnel shall carry out the provisions of this article and may issue citations for violations of this article. All law enforcement officers and representatives shall strictly enforce and prosecute the provisions of this article, and court officials shall see that this article receives strict interpretation and adjudication in a court of competent jurisdiction.
(b) 
A person in possession or control of a gaming machine is exempt from this article if:
(1) 
The gaming machine is maintained exclusively in a personal residence and solely for personal use;
(2) 
The gaming machine has been altered in such a way that it no longer functions as a coin-operated machine and is not patronized for the purpose of winning cash or cash value prizes;
(3) 
The gaming machines is owned by, leased or rented to organizations operated exclusively for charitable, educational, religious or benevolent purposes. An organization with social or fraternal activities does not qualify; or
(4) 
The gaming machines designed for and utilized exclusively by children are expressly exempt from the tax levied in division 2 hereof.
(Ordinance 23-073 adopted 9/26/2023)
(a) 
Proof of a culpable mental state is not required for a conviction of an offense under this article.
(b) 
Any violation charged pursuant to this section shall be independent of and may be in addition to any administrative penalties which may be imposed regarding the suspension, revocation or denial of any permit or license granted under this article.
(c) 
Each day a violation occurs shall be deemed a separate offense.
Violation Description
Article Reference
Fine Range
Violation of operating hours, per machine, per hour and/or portion of an hour
§ 6.10.063
Not less than $200.00
Signage
§ 6.10.064
Not less than $200.00
Transparent, uncovered windows required
§ 6.10.065
Not less than $200.00
Machine registration requirements
§ 6.10.097
Not less than $200.00
Game room memberships violation
§ 6.10.067
Not less than $200.00
Refusal of inspection
§ 6.10.092
Not less than $200.00
Removal of sealed machine
§ 6.10.094
Not less than $200.00
No visible ID badge
§ 6.10.071
Not less than $200.00
Second conviction of this article
§ 6.10.092(g)
Not less than $500.00
(Ordinance 23-073 adopted 9/26/2023)