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Editor's note–Former article 5.09 pertaining to amusement redemption machine game rooms, was amended by Ordinance 26-1006 adopted 2/12/2026. Prior to the replacement this article derived from the following: 2007 Code, ch. 8, art. V; Ordinance 14-747, sec. 2, adopted 10/23/14; Ordinance 16-774, sec. 2, adopted 1/28/16; Ordinance adopting 2022 Code.
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
means any electronic, electromechanical, or mechanical contrivance, including sweepstakes machines and "eight-liner" machines, 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 and is incompliance with Texas Penal Code, section 47.01(4)(B). Amusement redemption machine does not include:
(1) 
A machine that awards the user non-cash merchandize prizes, toys or novelties solely and directly from the machine, including claw, crane, or similar machines; or
(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 on 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 or similar machines. A representation of value means cash paid under authority of sweepstakes contestants as provided by the Texas Business and Commerce Code, chapter 43, or a gift certificate or gift card that is presented to a merchant in exchange for merchandise.
Amusement redemption machine game room or game room
means any accessory use in a bar, bingo hall, nightclub, or billiard hall in which one or more amusement redemption machines, with the exception of excluded machines, are displayed or exhibited for public use.
Bar
means an establishment that is devoted to the serving of alcoholic beverages for consumption by guests on the premises and derives at least 60 percent of gross revenues from the sale of alcoholic beverages for on-premises consumption, including, but not limited to, any tavern, nightclub, cocktail lounge, or cabaret.
Billiard hall
means any place or establishment owning and operating one or more pool or billiard tables for profit.
Bingo hall
means a bingo facility operated under the Bingo Enabling Act, Texas Occupations Code, chapter 2001.
City official
means a police officer, code enforcement officer or building official of the City.
Licensee
means any person, individual, firm, company, association, or corporation operating an amusement game room in the City.
Nightclub
means any room, place or space where patrons are provided with a space for dancing or are permitted to dance and to which the public generally may gain admission with or without the payment of a fee or other consideration.
Non-operational amusement redemption machine
means any redemption machine that is not connected to electricity or otherwise operational and regardless of whether it is displayed for patronage.
Operator
means a person who exhibits or displays, or permits to be displayed, a coin-operated machine in this city in a place of business that is not owned by the person.
Owner
shall mean any person owning any "coin-operated machine" or indoor amusement facility in this city.
Person
includes an individual, association, trustee, receiver, partnership, corporation, or organization or a manager, agent, servant, or employee of an individual, association, trustee, receiver, partnership, operation, or organization.
Residential area
means an area in which the principal land use is for one or more private residences including single-family homes, duplexes and apartment complexes; or a subdivision for which a plat is recorded in the real property records of the county and that contains or is bounded by public streets or parts of public streets that are abutted by residential property occupying at least 75 percent of the front footage along the block face; or a subdivision for which a plat is recorded in the real property records of the county and a majority of the lots of which are subject to deed restrictions limiting the lots to residential use.
Skill or pleasure coin-operated machine
means any kind of coin-operated machine that dispenses, or is used or is capable of being used to dispense or afford, amusement, skill or pleasure or is operated for any purpose, other than for dispensing merchandise, music, or service. The term includes marble machines, marble table machines, marble shooting machines, miniature race track machines, miniature football machines, miniature golf machines, miniature bowling machines, billiard or pool games, or machines or devices that dispense merchandise or commodities or plays music in connection with or in addition to dispensing skill or pleasure; and does not include an amusement machine designed exclusively for a child.
(Ordinance 26-1006 adopted 2/12/2026)
(a) 
It shall be an offense for any person, firm, or corporation to maintain, display for patronage or otherwise keep for operation by the patrons any amusement redemption machine or gambling device outside of a licensed game room.
(b) 
It shall be an offense for any person, firm, or corporation to maintain a non-operational amusement redemption machine or gambling device outside of a licensed game room.
(c) 
A game room shall only be allowed within a licensed bar, bingo hall, billiard hall or nightclub as an accessory use. No person, firm, or corporation shall operate a game room that is not located within a bar, bingo hall, billiard hall, or nightclub within the City limits.
(Ordinance 26-1006 adopted 2/12/2026)
(a) 
In addition to prohibiting certain conduct by individuals, it is the intent of this article to hold a corporation or association criminally responsible for prohibited conduct performed by an agent acting on behalf of a corporation or association and within the scope of the agent's office or employment.
(b) 
The City of Humble Municipal Court shall have the power to issue to the City official or their designee search warrants, or other process allowed by law, where necessary to aid in enforcing this section.
(c) 
A person who violates any provision of this article is guilty of a separate offense for each day or portion of a day during which the violation is continued. Each offense is punishable by a fine in accordance with applicable law.
(d) 
This article may be enforced by civil court action as provided by state and federal law.
(e) 
In addition to the criminal offenses and penalties prescribed in this section, the City may pursue other remedies such as abatement of nuisances, injunctive relief, administrative adjudication and revocation of licenses or permits. Any person found guilty of violating the provisions of this article shall become liable to the City for any expense, loss, or damage incurred by the City by reason of remediating such violation.
(Ordinance 26-1006 adopted 2/12/2026)
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 the occupation tax has been paid for each amusement redemption machine within the premises, and the applicable game room license fee has been paid.
(Ordinance 26-1006 adopted 2/12/2026)
No person shall operate an amusement redemption machine game room in the City that contains more than two (2) amusement redemption game machines. Each amusement redemption game machine must be inspected annually by a city official and display a permit sticker issued by the City.
(Ordinance 26-1006 adopted 2/12/2026)
An owner, operator, or lessee of an amusement redemption machine game room shall be required to secure a license annually. An amusement redemption machine game room or person shall be required to secure a license by paying to the City an annual inspection and amusement redemption machine game room license fee of $200.00 plus $50.00 per amusement redemption machine. Upon payment of the fee and compliance with all licensing requirements, the license shall be issued by the City.
(Ordinance 26-1006 adopted 2/12/2026)
(a) 
A license issued for an amusement redemption machine game room under this article:
(1) 
Is an annual license which expires December 31 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 license 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; and
(5) 
Is not assignable or transferable.
(b) 
In addition, the City shall not refund any portion of a license fee after the license is issued, nor shall it prorate or reduce in amount any fee due to the City.
(Ordinance 26-1006 adopted 2/12/2026)
All existing amusement redemption machine permits and/or amusement redemption machine game room licenses as of the date of this article's adoption are hereby revoked effective April 1, 2026. No refunds for permit or licensing fees shall be issued. In locations where amusement redemption game rooms are allowed to operate under the regulations of this article, any permit or license fees paid to the City for such permit or license shall be applied to the new permit and license fee effective April 1, 2026 and subsequently discounted from the new effective license fee, which will be valid through December 31, 2026.
(Ordinance 26-1006 adopted 2/12/2026)
(a) 
All building and fire code standards must be met. Inspection by building officials and the issuance of a certificate of occupancy for the primary use of the building shall be obtained before a license for an amusement redemption machine game room is issued. An establishment that includes an amusement redemption machine game room as an accessory use shall at all times actively conduct and maintain the primary use of the establishment as declared in the approved certificate of occupancy. The failure to actively conduct and maintain the primary use shall result in the revocation of the amusement redemption machine game room license.
(b) 
Only one amusement redemption machine game room shall be permitted on any lot or in any single building, structure or strip center except for amusement redemption machine game rooms in existence as of the date this article goes in to effect and which do not meet this criteria; in which case full compliance with this subsection shall be required upon the expiration of three years 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, daycare, hospital, public park or residential area except for amusement redemption machine game rooms in existence as of the date this article goes in to effect and which do not meet this criteria; in which case full compliance with this subsection shall be required upon the expiration of three years or upon abandonment of use at such location, whichever occurs first. If there is a distance restriction of the primary use of the building in which an amusement redemption machine game room is an accessory use, the greater of the primary use or accessory uses distance restrictions shall control.
(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, hospital, public park or residential area.
(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 Friday open at 8:00 a.m. and close at 2:00 a.m.; and
(2) 
Saturday open at 8:00 a.m. and close at 1:00 a.m. (Sunday);
(3) 
Sunday open at 12:00 p.m. and close at 2:00 a.m. (Monday);
(4) 
If there is a statutorily defined hours of operation for the primary use of the building in which an amusement redemption machine game room is an accessory use, the restrictions of those hours of operations shall control.
(g) 
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.
(h) 
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.
(i) 
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.
(j) 
A sign stating that no one under the age of 18 is allowed inside the amusement redemption machine game room shall be posted in plain sight immediately inside the entrance stating that:
"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) 
An amusement redemption machine game room operator must be a person who is at least 18 years of age.
(l) 
The total number of operational amusement redemption machines allowed in one amusement redemption machine game room establishment shall be limited to the maximum number of two (2) amusement redemption machine games. Any back-up, non-operational or replacement amusement redemption machines shall be 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 be otherwise operational. The occupation tax on such back-up or replacement amusement redemption machine games shall be paid annually regardless of whether such machines are used by the game room's patrons.
(m) 
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 26-1006 adopted 2/12/2026)
(a) 
An applicant for a license under the provisions of this article shall file with the Building and Permits Department 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, and driver's license number of the applicant if the applicant is a natural person;
(2) 
Name, address, telephone number and driver's license number of all persons who own 25 percent or more interest in the amusement redemption machine game room;
(3) 
Name, address, telephone number 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;
(6) 
If a partnership, the name, address, telephone number 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) 
A copy of a valid game room permit issued by Harris County where applicable;
(9) 
The street address of the premises;
(10) 
If applicant is not the owner of the premises, the applicant shall furnish the name, address, and telephone number of the property owner;
(11) 
Name, address, and telephone number of the operator of the premises to be permitted;
(12) 
Number of amusement redemption machines in the premises to be permitted and the serial number of each amusement redemption machine;
(13) 
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;
(14) 
The previous occupation(s) of the applicant and, if applicable, all corporate officers and partners of the applicant within the preceding five years;
(15) 
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;
(16) 
Name, address, and telephone number of an emergency contact person who can be reached after hours;
(17) 
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
(18) 
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 26-1006 adopted 2/12/2026)
(a) 
A license may be renewed for the following calendar year beginning October 1 of each year by filing a completed application for each license and paying the applicable fee set forth in this article. 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 percent 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 26-1006 adopted 2/12/2026)
(a) 
The City shall refuse to approve issuance or renewal of a 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 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 Harris County relating to game rooms; and/or
(9) 
The applicant or a co-owner for such license has, within the past ten years, been convicted of a crime involving moral turpitude.
(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 applicant or licensee is indebted to the City for any fee, costs, penalties, or delinquent taxes.
(Ordinance 26-1006 adopted 2/12/2026)
(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 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; or
(3) 
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 knowingly operated the amusement redemption machine game room during a period of time when the licensee's permit was suspended; or
(4) 
If the primary use of the building per the certificate of occupancy ceases.
(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 26-1006 adopted 2/12/2026)
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 26-1006 adopted 2/12/2026)
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 26-1006 adopted 2/12/2026)
(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 Marshal of the City and his assistants 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 of the City shall have the right to enter into said premises at any time during normal business hours for the purpose of enforcement of the terms of this article.
(c) 
The City shall have the authority to seal any coin-operated machine located in any amusement redemption machine game room for which the occupation tax has not been paid. A fee in the amount identified by resolution of the City Council from time to time will be charged for the release of any machine sealed for non-payment of said occupation tax.
(d) 
The City shall have the authority to seal any coin-operated machine located in any amusement redemption machine game room for which a license fee has not been paid. A fee in the amount identified by resolution of the City Council from time to time will be charged for the release of any machine sealed for non-payment of said license fee.
(Ordinance 26-1006 adopted 2/12/2026)
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;
(2) 
Gambling by any person;
(3) 
The possession of gambling materials; and
(4) 
Unlawful or criminal activity of any kind.
(Ordinance 26-1006 adopted 2/12/2026)
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 26-1006 adopted 2/12/2026)