For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BUSINESS OWNER or PERMIT HOLDER. A person or sole individual, 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 his location of business or upon premises under his, her or its control, any coin- and/or slot-operated machine in this city.
COIN-OPERATED or SLOT MACHINE. Every machine or device of any kind of character which is operated by or with coins, metal slugs, tokens, checks, debit or credit cards; including but not limited to merchandise, music, skill, pleasure or service coin operated machines as these terms are hereinafter defined.
EXCLUDED MACHINES.
(1) Machines that award the user no-cash merchandise prizes, toys, or novelties solely and directly from the machine, including claw, crane, or similar machines;
(2) 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.
GAMBLING DEVICE. (As defined under Texas Penal Code).
(1) Any electronic, electromechanical, or mechanical contrivance not excluded under (b) below 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. The term:
(a) 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
(b) Does not include any electronic, electromechanical, or mechanical contrivance designed, made, and adapted solely for bona fide amusement purposes if the contrivance rewards the player exclusively with non-cash merchandise prizes, 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 or sole individual having the care, control, management of any coin- and/or slot-operated machine in his or her location of business or upon premises under his or her control within this city.
MUSIC COIN-OPERATED or SLOT MACHINE. Every coin and slot operated machines of any kind or character, which dispenses or vends music and which is operated by or with coins or metal slugs, tokens or checks, debit or credit cards. The following are expressly included within said term; but enumeration shall not be considered to exclude any other machine subject to the effect and intent of this ordinance; phonographs, pianos, graph phones, and all other coin- and slot-operated machines which dispense or vend music.
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.
SERVICE COIN-OPERATED MACHINES. Every pay toilet, pay telephone and all other machines or devices, which dispense services and merchandise.
SKILL OR PLEASURE COIN-OPERATED or SLOT MACHINES. Every coin- and slot-operated machine of any kind or character whatsoever, 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 dispensing or vending of merchandise or music or service exclusively as those terms are defined herein.
(Ord. 12-1074, passed 12-20-2012)