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
|
|
Not less than $200.00
|
Signage
|
|
Not less than $200.00
|
Transparent, uncovered windows required
|
|
Not less than $200.00
|
Machine registration requirements
|
|
Not less than $200.00
|
Game room memberships violation
|
|
Not less than $200.00
|
Refusal of inspection
|
|
Not less than $200.00
|
Removal of sealed machine
|
|
Not less than $200.00
|
No visible ID badge
|
|
Not less than $200.00
|
Second conviction of this article
|
|
Not less than $500.00
|
(Ordinance 23-073 adopted 9/26/2023)