(A) Nothing herein shall be construed or have the effect to license, permit, authorize or legalize any machine, device, table or coin-operated or slot machine, the keeping, exhibition, operation, display or maintenance of which is now illegal or in violation of any article of the Texas Penal Code and of any federal laws of the United States of America.
(B) “Gambling devices” as defined by Texas Penal Code Chapter 47, and as interpreted by judicial decision (Hardy v. State, No 01-0779, Tex. 2003 and One Super Cherry Master Video 8-Liner Machine v. State, No. 01-0673, Tex. 2003) are prohibited from use as coin-operated or slot machines or any machine for which a permit may be lawfully issued.
(C) In addition to any other penalty or punishment imposed by law, violation of this chapter shall be cause for revocation of a coin operated machine premises permit issued pursuant to this chapter. The city reserves the right to inspect the premises of any coin-operated machine business establishment in order to investigate compliance with this chapter. The owner of a coin-operated machine business or their employees shall not prohibit city inspectors, police or fire personnel, at any time, to enter the premise of operation of the permit to ensure there are no violations of city, state or federal laws to include correct machine count issued to the permit, correct licenses or permits per machine, fire code violations or penal code violations. The entries and exits shall be maintained as to allow unobstructed, unregulated, free entry into the location by inspectors, police or fire personnel without any delay of entry.
(D) Any violations of this section shall be considered a violation of this chapter and will be considered grounds for revocation.
(Ord. 12-1074, passed 12-20-2012)