CHAPTER 116: GAMING AND AMUSEMENTS
Section
   116.01   Authority and purpose
   116.02   Definitions
   116.03   Prerequisites to licensing
   116.04   Licensing
   116.05   Regulations and restrictions
 
   116.99   Penalty
§ 116.01 AUTHORITY AND PURPOSE.
   The purpose of this chapter is to prevent establishments from becoming places of illegal gambling. Illegal gambling often attracts the criminal element. Average citizens often conduct business in these establishments, which makes them easy victims of robberies, assaults, and thefts. Often times illegal gambling attracts the sale, distribution, and use of illegal narcotics which is detrimental not only to the youth of the incorporated city limits but also to the general quality of life for the citizens.
(Ord. 2018-01, passed 6-21-2018)
§ 116.02 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   AMUSEMENT REDEMPTION MACHINES. 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 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 is less. For this chapter, coin operated arcade style games where there are no items given as prizes and claw machines are exempted.
   GAMBLING DEVICE. Any electronic, electromechanical, or mechanical contrivance that for 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 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. These machines do not include any device that falls under the definition of AMUSEMENT REDEMPTION MACHINE.
   GAMING ROOM. Any business, building, or place that utilizes five or more AMUSEMENT REDEMPTION MACHINES. This definition applies whether AMUSEMENT REDEMPTION MACHINES are the sole purpose for the business or if the AMUSEMENT REDEMPTION MACHINES are part of the business which offers other merchandise or services.
(Ord. 2018-01, passed 6-21-2018)
§ 116.03 PREREQUISITES TO LICENSING.
   (A)   The proposed site of placement of any amusement redemption machine or gaming room must comply with the following before a city operations license can be issued.
      (1)   Amusement redemption machines or gaming rooms may only be permitted in the General Business District in the city limits.
      (2)   (a)   No amusement redemption machine or gaming room shall be located within 300 feet of a residential use or residential district, church, school, daycare, city park, library, or public swimming pool.
         (b)   The distance shall be measured in a straight line without regard to interfering objects or structures from property line to property, or property line to district boundary, whichever is more restrictive.
      (3)   No gaming room or amusement redemption machine shall be located within 1,000 feet of any other gaming room or property which contains amusement redemption machines, measured from property line to property line.
      (4)   Any gaming room must provide transparent glass in at least one exterior gaming room window with a dimension of at least four feet in width and four feet in height, and shall not cover or otherwise block or obscure the view through the gaming room window by the use of drawn shades, blinds, partitions, tinting, or other structures or obstructions. The window shall allow a clear, unobstructed view of the manager station and all amusement redemption machines in the gaming room.
      (5)   The sale, purchase, possession, or consumption of any alcoholic beverages as defined by the Texas Alcoholic Beverage Code shall not be permitted.
      (6)   Only one gaming room shall be allowed on any lot or in any single building, structure, or tenant space in a strip center.
   (B)   In addition to the requirements listed in division (A), the machine owner, proprietor/store owner, and manager must all undergo a background check.
   (C)   No permit shall be issued to a person who has a felony criminal conviction or any conviction pertaining to an offense which promotes gambling.
   (D)   Existing gaming rooms or businesses with amusement redemption machines must comply with divisions (A)(1), (A)(4), and (A)(6), and all new businesses will comply with all provisions of this section within 60 days of the effective date of this chapter.
(Ord. 2018-01, passed 6-21-2018)
§ 116.04 LICENSING.
   (A)   A proprietor of any business, building, or space intending to establish a gaming room or to place amusement redemption machines in their establishment must first apply for a gaming room/gaming device license at City Hall.
      (1)   An onsite inspection will be conducted by the Code Enforcement Officer, Building Inspector and the Chief of Police to ensure all prerequisites for licensing are met.
      (2)   If the prerequisites for licensing are not met, the application will be denied.
         (a)   The proprietor will be given 30 days from the date of denial to comply with the licensing prerequisites.
         (b)   If after 30 days the prerequisites are not met, the application will be denied and the proprietor and/or business will be excluded from re-applying for the license for a period of six months.
      (3)   If all prerequisites are met and the Code Enforcement Officer, Building Inspector and Chief of Police have approved the application, then the proprietor/business owner must provide a $200 licensing fee to the city. This will ensure a license to operate for a period of one year.
      (4)   Operating a gaming room or amusement redemption machine without a city operations license is a violation of this chapter each day that the business is operating the gaming room or amusement redemption machine.
   (B)   Once a city operating license is obtained, the proprietor/business owner must register each machine that will be placed in the business. Registration includes the serial number of the machine, owner of the machine, the owner of the space, and the manager of the business.
   (C)   A manager of the business or the owner of the business must report any change of ownership or managers within ten business days. Any change of ownership or new transfer of ownership will be subject to all regulations and restrictions contained in this chapter. Failure to comply is a violation of this chapter.
   (D)   Any removal or addition of an amusement redemption machine must be reported to the city within three business days.
   (E)   A new amusement redemption machine must have a proper occupations tax sticker before it can be operated.
   (F)   A city occupations tax of $15 will be imposed on each machine per year pursuant to Tex. Occupations Code § 2153.451. Each machine being operated without a city occupations tax sticker will be in violation of this chapter each day it is being operated.
(Ord. 2018-01, passed 6-21-2018)
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