The following words, terms and phrases used in this chapter are hereby defined as follows:
BUSINESS OWNER or PERMIT HOLDER. A person owning or having the care, control, management or possession of any coin and/or slot operated machine who exhibits, displays or permits to be exhibited or displayed, in the location of business or upon premises under operator's control, any coin and/or slot operated machine in this city.
COIN OPERATED or SLOT MACHINE BUSINESS. Defined as a business operated solely for the purpose of amusement utilizing one or more coin operated or slot machine(s) and which business shall have no other purpose for being open to the public other than the specific use of those machines.
EXCLUDED MACHINES.
(1) Machines that provide a service such as jukeboxes, laundry, vending, pay toilet, pay telephone and all other machines or devices, which dispense services and merchandise directly from the machine.
(2) Machines that award the user no-cash merchandise, toys, or novelties solely and directly from the machine, such as claw, crane, or similar machines.
(3) Machines 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, including, but not limited to, marble machines, marble shooting machines, marble table machines, miniature race-track machines, miniature football machines, miniature golf machines, and miniature bowling machines.
GAMING DEVICE. As defined in the Tex. Penal Code, only electronic, electromechanical, or mechanical contrivance not excluded under the statute that for a consideration affords the player an opportunity to obtain anything of value, the award of which is determined solely or partially by change, even though accompanied by some skill, whether or not the prize is automatically paid by the contrivance.
(1) Includes, but is not limited to, gambling device versions of bingo, keno, blackjack, lottery, roulette, video poker, or similar electronic, electromechanical, or mechanical games, or facsimiles thereof, that operate by chance or partially so, that as a result of the play or operation of the game award credits or free games, and that record the number of free games or credits so awarded and the cancellation or removal of the free games or credits; and
(2) Does not include any electronic, electromechanical, or mechanical contrivance designed, made, and adopted solely for bona fide amusement purposes if the contrivance rewards the player exclusively with non-cash merchandise prized, toys, or novelties, or a presentation 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, whichever is less.
MANAGER. A person having the care, control, management of any number of coin and/or slot operated machine in the location of the business or upon premises under the operator's control within this city.
PROPERTY OWNER. A person, individual, firm, company, association or corporation owning a building, property or facility on which a business will operate within the confines of all laws regulating the business in local, state or federal laws.
SEALING FEES. The city charge for rendering machines inoperable for noncompliance with this chapter.
SKILL OR PLEASURE COIN OPERATED OR SLOT MACHINES OR MACHINES. Every machine or device of any kind or character, including eight liners, slot machines, games of chance, which are operated by or with coins, metal slugs, tokens, checks, debit or credit cards, and when such machines dispense or are used or are capable of being used or operated for amusement or pleasure or when such machines are operated for the purpose of dispensing or affording skill or pleasure, or for any other purpose other than the excluded machines as defined herein.
START-UP CITY SEALS FEES. The cost of the seal which the city requires to be placed on each machine at the start of operation under this chapter.
(Ord. 20210317, passed 3-16-2021)