For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AMUSEMENT REDEMPTION MACHINE/GAMING MACHINE. Any coin operated or electronic, electromechanical, or mechanical contrivance designed, made, and adopted for bona fide amusement purposes that rewards the player exclusively with non-cash merchandise, prizes, toys, or novelties, or a representation 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 amount is less. Commonly referred to as an EIGHT LINER.
APPLICANT. An individual, proprietorship, corporation, association, and/or other legal entity required to obtain a game room permit or someone who has applied for a game room permit.
CITY OFFICIAL. A code enforcement officer or building official of the city or any peace officer of the state.
EIGHT LINER. See AMUSEMENT REDEMPTION MACHINE/GAMING MACHINE.
GAMBLING DEVICE. A device described in Tex. Penal Code § 47.01(4)(A).
GAME ROOM. A building, facility, or other place that contains amusement redemption machines of any number.
GAME ROOM OWNER. An individual who:
(1) Has an ownership interest in or receives income from a game room or an amusement redemption machine located in a game room;
(2) Is a partner, director, or officer of a business, company, or corporation that has an ownership interest in a game room or in an amusement redemption machine located in a game room;
(3) Is a shareholder that holds more than 10% of the outstanding shares of a business, company, or corporation that has an ownership interest in a game room or in an amusement redemption machine located in a game room;
(4) Signs a lease for a game room;
(5) Opens an account for utilities for a game room;
(6) Receives a certificate of occupancy for a game room;
(7) Pays for advertising for a game room; or
(8) Signs an alarm permit for a game room.
NON-COMPLIANT BUSINESS. Any game room that existed and was in possession and operating as a game room, including the operation of amusement redemption machines, as of the date of the passage of the ordinance from which this chapter is derived.
NOTICE. Deemed effective on the date written notice to an applicant, permit holder, or agent thereof is hand delivered or posted on the front exterior door of the game room, or upon receipt by certified mail. If certified letter is not signed for and not picked up from the post office after notice has been posted at the establishment, lack of due diligence shall be considered as notice of the contents of the letter.
OPERATOR. An individual who supervises, manages, or participates in the performance of activities that contribute to the functioning of a game room, including the following activities:
(1) Operates a cash register, cash drawer, or other depository on the premises of a game room or of a business where the money earned or the records of credit card transactions or other credit transactions generated in any manner by the operation of a game room or activities conducted in a game room are kept;
(2) Displays, delivers, or provides to a customer of a game room merchandise, goods, entertainment, or other services offered on the premises of a game room;
(3) Takes orders from a customer of a game room for merchandise, goods, entertainment, or other services offered on the premises of a game room; or
(4) Acts as a door attendant to regulate entry of customers or other persons into a game room.
PEACE OFFICER. Any person recognized by the current V.T.C.A. Code of Criminal Procedure, § 2.12 (Who Are Peace Officers) and § 2.122 (Special Investigators).
PERSON. An owner, operator, individual, employee, agent, proprietorship, corporation, association, or other legal entity.
PUBLIC BUILDING. A building used by federal, state, or local government or a building that is open or reasonably accessible to the general public.
REGULATION(S). These regulations of the city for the operation of game rooms.
SCHOOL. A facility, including all attached playgrounds, dormitories, stadiums and other appurtenances that are part of the facility, used for the primary purpose of instruction or education, including primary and secondary schools, colleges, and universities, both public and private.
SKILL OR PLEASURE COIN-OPERATED MACHINE. 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 only merchandise, music or service. This includes:
(1) A marble machine, marble table machine, marble shooting machine, miniature racetrack machine, miniature football machine, miniature golf machine, miniature bowling machine, billiard or pool game, or machine or device that dispenses merchandise or commodities or plays music in connection with or in addition to dispensing skill or pleasure; and
(2) Does not include an amusement machine designed exclusively for a child.
(Ord. 2021-07-01, passed 8-17-2021)