HomeMy WebLinkAboutPO 6589: AMENDING SECTIONS OF CHAPTER 22 - BUSINESS, DIVISION XI - GAMING SITES AND GAMING MACHINES interoffice
MEMORANDUM
To: The Honorable Mayor and City Council
Through: Val Tizeno, City Attorney and Harvey Robin on, Interim
City Manager
From: Sherry Vital, Assistant City Attorney
Date: April 4, 2018
Subject: P.O. 6589 - An Ordinance Amending Sections 22-617, 22-
620, 22-621, 22-626 and 22-635 of the Gaming Sites and
Gaming Machines of the Port Arthur Code of Ordinances
Introduction:
The intent of this agenda item is to remove language ambiguity
within the current ordinance concerning the operating hours of the
Port Arthur gaming sites and includes a range of fines for
violations requested by the City Prosecutor.
Background:
The language within the current ordinance implies that although the
gaming sites must close at 10pm, the fine may not be imposed unless
it is operating more than an hour after 10pm. The proposed
amendments to the current ordinance clarify that each gaming
machine must be made inaccessible and unusable anytime outside the
hours of 8am and 10pm. A fine will be imposed for any portion of
an hour outside the permitted operation time.
A range of fines has been added as requested by the City
Prosecutor.
P.O. No. 6589
04/10/18 spy
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF PORT ARTHUR AMENDING
SECTIONS 22-617, 22-620, 22-621, 22-626 AND 22-635 OF
CHAPTER 22 - BUSINESSES, DIVISION XI — GAMING SITES AND
GAMING MACHINES, OF THE PORT ARTHUR CODE OF
ORDINANCES TO PROVIDE FOR THE REGULATION OF THE
OPERATION OF AMUSEMENT GAMING MACHINES WITHIN THE
CITY LIMITS; PROVIDING FOR A PENALTY, EFFECTIVE DATE AND
FOR PUBLICATION.
WHEREAS, the City of Port Arthur is a home rule municipality having the
authority to utilize its police power regulation of the health, safety and general welfare
of the public; and
WHEREAS, the Port Arthur City Council desires to regulate gaming sites and
gaming machines in order to prevent illegal operation of amusement gaming machines
— more commonly known as "eight liners" — in the interest of protecting the health,
safety and welfare of the citizens of Port Arthur; and
WHEREAS, Section 47.01(4)(B) of the Texas Penal Code provides that a gaming
machine is legal if it is used "for bona fide amusement purposes" that "rewards the
player exclusively with noncash merchandise prizes, toys, 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 10 times the amount charged to
play the game or device once or $5, whichever is less"; and
WHEREAS, the laws of the State of Texas, including those found in Chapter 51
of the Texas Local Government Code and the Port Arthur City Charter, provide the City
authority to adopt ordinance for the good, peace, order and welfare of the municipality;
and
WHEREAS, the City Council finds it in the public interest to adopt regulations for
gaming machines as described herein.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF PORT ARTHUR, TEXAS:
Section 1. That the facts and opinions in the preamble are true and correct.
Section 2. That Sections 22-617, 22-620, 22-621, 22-626 and 22-635 of
Chapter 22- Businesses, Division XI — "Gaming Sites and Gaming Machines of the Code
of Ordinances of the City of Port Arthur is hereby amended by clarifying the game room
permit suspension and revocation processes, attached in substantially the same form as
Exhibit "A".
Section 3. That if any portion of this Ordinance is for any reason held invalid
or unconstitutional by any court of competent jurisdiction, such holding shall not affect
the validity of the remaining portions hereof.
Section 4. That all Ordinances and parts of Ordinances in conflict herewith are
hereby repealed, but only to the extent of the conflict.
Section 5. That this Ordinance or its caption and penalty shall be published at
least two (2) times within ten days (10) days after final passage hereof in the official
newspaper of the City of Port Arthur. This Ordinance shall take effect immediately after
the date of such second publication.
READ, ADOPTED AND APPROVED on this day of A.D.,
2018, at a Meeting of the City Council of the City of Port Arthur, Texas, by the following
vote: AYES:
Mayor
Councilmembers
NOES:
Derrick Ford Freeman, Mayor
ATTEST:
Sherri Bellard, City Secretary
APPROVED AS TO FORM:
uda_e g-Yk-) b-tietic
Val Tizenq ity Attorney
APPROVED FOR ADMINISTRATION:
Harvey Robinson, Interim City Manager
EXHIBIT "A"
CHAPTER 22-BUSINESSES
ARTICLE XI.-GAME ROOMS AND GAMING MACHINES
DIVISION 1.-IN GENERAL
Sec.22-601.-Definitions.
The following words,terms and phrases,when used in this article,shall have the meanings ascribed
to them in this section,except where the context clearly indicates a different meaning:
Amusement redemption machine means any electronic, electromechanical, or mechanical
contrivance designed, made, and adopted for bona fide amusement purposes that rewards the
player exclusively with noncash 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$5.00,
whichever amount is less.
Game room means a building, facility, or other place that contains amusement redemption
machines of any number.
Game room owner means 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 ten percent 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) Has been issued by the county clerk an assumed name certificate for a business that owns
a game room or an amusement redemption machine located in a game room;
(5) Signs a lease for a game room;
(6) Opens an account for utilities for a game room;
(7) Receives a certificate of occupancy for a game room;
(8) Pays for advertising for a game room;or
(9) Signs an alarm permit for a game room.
Gaming machine - Commonly referred to as an "eight liner," any coin-operated machine or
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
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$5.00,whichever is less. Not included in this definition is a machine
used only for entertainment purposes, as entertainment is defined in section 372.1701 of the Texas
Administrative Code.
Operator means 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:
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(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) Take 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.
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.
Sec.22-602.-Declaration of findings.
The necessity of the public interest for the provisions and prohibitions hereinafter contained and
enacted is declared as a matter of legislative determination and public policy, and it is further declared
that the provisions and prohibitions contained in this article are in the furtherance of and for the purpose
of securing and promoting the public health, comfort, convenience, safety, welfare and prosperity of the
city and its citizens.
Sec.22-603.-Severability.
It is hereby declared to be the intention of the city council the divisions, sections, paragraphs,
sentences, clauses, and phrases of this article are severable and if any division, phrase, clause,
sentence, paragraph or section of this article should be declared invalid by the final judgment or decree of
any court of competent jurisdiction,such invalidity shall not affect any of the remaining divisions, phrases,
clauses,sentences,paragraphs,or sections of this article.
DIVISION 2.—REQUIREMENTS
Sec.22-611.-PERMIT required.
(a) It shall be unlawful for an owner or operator of a game room to operate, use, or maintain a game
room without first obtaining a game room permit Issued under the terms and conditions of this article.
(b) It shall be unlawful for any operator,occupant or owner of the gaming site to operate any gaming site
located within the city unless the permit issued for that site is posted at or near the principal public
entrance to the gaming site in such a manner that it will be conspicuous to patrons who enter the
gaming site.
(c) In any prosecution under subsection(a)above, it shall be presumed that there was no permit at the
time of the alleged offense,unless a permit was then and there posted as provided in subsection(b).
(d) An application for an existing game room location that is submitted by an individual who is different
from the individual named as the owner or operator on the current application or a re-application for
an existing game room location after denial or revocation shall be considered a new application and
not a renewal.
(e) A game room owner shall obtain a permit from the city for each game room located in the city.
(f) The application for a permit required by this section shall be in the form prescribed by the City
Manager or his designee and shall contain such information as he shall require. Any failure to
provide the information required by this section or a determination is made that inaccurate,
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erroneous or incomplete information has been submitted shall be grounds for denial of the
application.
(1) The proposed game room must comply with all Building Codes and Zoning Regulations of the
City,at the time of the submission of the application for a permit.
(2) Each application shall also be accompanied by(i)a copy of a certificate of occupancy issued by
the building official as appropriate for the proposed game room; (ii)in the case of a game room
to be operated under an assumed name, a true and correct copy of the registration of the
assumed name filed in the office of the Jefferson County Clerk, bearing the file mark or stamp
that evidences its filing in that office; and (iii) non-refundable fee(s) of as listed in the fee
schedule of Sec. 22—627. Any failure to provide the documents required by this item shall be
grounds for denial.
(g) Each application received under this section will be investigated to determine whether the applicant
and operators of a game room have been convicted of any of the following offenses:
1. Gambling,gambling promotion, keeping a gambling place,communicating gambling
information, possession of gambling devices or equipment,or possession of gambling
paraphernalia as described in Chapter 47 of the Texas Penal Code;
2. Forgery, credit card abuse or commercial bribery as described in Chapter 32 of the
Texas Penal Code;
3. Money laundering as described in Chapter 34 of the Texas Penal Code;
4. Criminal attempt,conspiracy or solicitation to commit any of the foregoing offenses;or
any other offense to the laws of another state or of the United States that, if committed
in this state,would have been punishable as one or more of the aforementioned
offenses;or
5. A criminal offense as described in Chapter 352,Subchapter B of the Texas Local
Government Code;and
a. Less than two years have elapsed since the date of conviction or the date of
release from confinement imposed for the conviction,whichever is the later
date if the conviction is of a misdemeanor offense;or
b. Less than five years have elapsed since the date of conviction or the date of
release from confinement for the conviction,whichever is the later date,if the
conviction is of a felony offense.
Offenses involving gambling and the possession of gambling paraphernalia shall be grounds
for denial, revocation or refusal for renewal of such licenses because these businesses offer
special opportunities for gambling activities.
(h) Any failure of a proposed game room to meet all requirements of this shall be grounds for denial,
revocation,or suspension of a game room license.
(i) Each city game room permit is valid for one year and shall expire on the anniversary date of the
issuance of the permit.A permit may be renewed for the following calendar year beginning 60 days
before the expiration of the current permit by filing a completed application for each permit and
paying the applicable fee set forth in the fee schedule.A renewal application shall be subject to the
same requirements in this section as for an initial city game room permit application.
Sec.22-612.—Signage.
(a) Notwithstanding any other city ordinance, code or regulation to the contrary, it shall be unlawful
for the operator, occupant or owner of a gaming site not to clearly identify the site with a sign as
required by this article. A penalty will be assessed as listed in Sec.22—635.
(b) The sign displayed should be one provided by the city with a white background with black Arial
font lettering of 1.5 inches.
(c) The sign must clearly read"GAMING SITE"and may not include any advertisements.
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Sec.22-613.-Transparent,uncovered windows required.
a) Every gaming site shall have transparent, unobstructed windows or open space on at least one
side so that the area is open to view by the general public passing by on a street. The owner,
occupant, or operator of a gaming site shall not permit any obstruction of such public view by the
use of drawn shades, blinds, partitions, tinting or other structure or obstructions. Violation of this
section will result in the penalty listed in Sec.22—635.
b) The requirement of Sec. 22-613 (a) may be waived or modified by the Building Official if the
business owner can demonstrate:
1. The site holds a valid,current on-premise license under Title 3,Subtitle B,Chapter 69
of the Texas Alcoholic Beverage Code where the gaming machines or eight-liners are
incidental to the primary business and;
2. All of the site's gaming machines or eight-liners are visible upon entering the premises
from the front door,
Sec.22-614.—Machine Registration Requirements.
Gaming machines,as defined in this article,shall be registered as follows:
(1) The permit holder, owner or operator is required to maintain at the gaming site a complete
inventory, along with serial numbers or equivalent identification, as set forth in subsections (4)
and (5) below at all times. The initial application for permit shall include a certificate of the
inventory, along with serial numbers or equivalent identification, as set forth in subsections (4)
and (5) below, of the machines that the permit holder intends to put into operation when the
gaming site begins its business activities.
(2) Each renewal permit application shall contain a certificate of inspection of updated inventory,
along with serial numbers or equivalent identification, as set forth in subsections (4) and (5)
below, of the gaming machines that the permit holder intends to put into operation when the
gaming site begins its business activities under the renewal license.
(3) Before a new gaming machine is put into operation at the gaming site, the permit holder shall
update the locations inventory,register the gaming machine with the City of Port Arthur and pay
all taxes and Regulatory License fees as required.
(4) Upon review of the inventory of machines under subsections (1), (2) and (3) above, a City of
Port Arthur Registration decal will be issued for each gaming machine. The registration decal
will contain an inventory number. The registration decal for each machine shall be permanently
affixed thereto and in plain view at all times.Registration decals are not transferable.The failure
of any machine to display a current registration decal shall be a violation of this section and
subject to enforcement action by the city.
(5) The inventory of machines under subsections (1), (2)and (3)above shall provide the following
information:the manufacturer(s);the serial number(s);common name,type or description of the
game played on the machine. The registration decal shall contain the inventory number of the
machine.
(6) A penalty as listed in Sec.22—635 will be assessed against each unregistered machine found
to be in operation at a gaming site.
Sec 22-615. Site Plan Required
A drawing or site plan of the location must be provided upon initial application or a Permit renewal if
modifications to the site have been made or gaming machines have been added. The drawing or site
plan must include the following details:
1. Overall view of the property
2. Parking spaces for the location
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3. Floor plan of buildings
4. Locations of gaming machines
5. Windows and doors
6. Dimensions of building,windows and doors
Sec 22-616.Prohibited Locations
(a) Gaming sites must comply with all zoning Laws and requirements
(b) No gaming sites shall be permitted to be placed within 300 feet of any church,hospital or school.
a. The measurement of the distance between the place of business and the church,hospital
or school shall be determined by measurements made in a straight line,without regard to
intervening structures or objects,from the nearest point on the applicant's property line to
the nearest point of the church,hospital or school property line.
Sec.22—617. Operating Hours of Gaming Machines.
(a) It shall be the duty of any owner or operator of a game room to ensure compliance with this
subsection.
(b) A game room shall operate only between the hours of 8:00am and 10:00pm.
(c) Each gaming machine must be made physically inaccessible and unusable from 10:00am to
8:00am during the hours outside of the stated operating hours of Sec.22 617(b). Each hour
and/or portion of an hour of a day that a gaming machine is accessible and operational during
prohibited hours is a separate violation.
(d) An owner of a game room that operates a game room in violation of this subsection shall be
assessed a penalty as listed in Sec.22—635. Each hour and/or portion of an hour that a game
room is operating during prohibited hours in violation of these regulations is a separate violation.
(e) A person commits a class C misdemeanor offense if they intentionally or knowingly operate a
game room in violation of this section.
(0(any violation of this subsection is grounds for denial,or revocation of a game room permit. -{Formatted:Font:(Default)Arial,10 pt
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Sec.22—618.Certificate of Occupancy—Annual Requirement. Formatted:List Paragraph,Indent:Left: 0",
(a) It shall be unlawful for any operator,occupant or owner of the gaming site to operate any gaming Add space between paragraphs of the same
site located within the city unless the Certificate of Occupancy issued for that site is posted at or style
near the principal public entrance to the gaming site in such a manner that it will be conspicuous
to patrons who enter the gaming site.
(b) A Certificate of Occupancy issued by the City of Port Arthur must be renewed annually and must
accompany the initial Permit application and each renewal Permit application.
(c) All associated laws, ordinances and adopted codes shall apply to obtaining said Certificate of
Occupancy.
Sec 22—619.Initial Application and Renewal Application Requirements
(a) The Gaming Permit Application must be submitted with the following:
a. A copy of a certificate of occupancy issued by the building official of the City of Port
Arthur for the proposed game room;
b. A list of the business owner(s) and operators with fingerprint background reports of the
all of the business owner(s)and all operators of the proposed game room
c. A list of building owner(s)with contact information of said building owner(s).
d. In the case of corporate ownership,a copy of the Certificate of Incorporation.
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e. In the case of a game room to be operated under an assumed name, a true and correct
copy of the registration of the assumed name filed in the office of the Jefferson County
Clerk,bearing the file mark or stamp that evidences its filing in that office;
f. A certificate of the inventory, along with serial numbers or equivalent identification, as
set forth in Sec.22-614 subsections(4)and(5),of the machines that the permit holder
intends to put into operation when the gaming site begins its business activities.
g. A site plan as set forth in Sec.22-615.
h. The application or renewal fee as listed in the fee schedule in Sec.22—627.
i. The Occupation tax fee per machine as listed in the fee schedule in Sec.22-627.
j. The Regulatory enforcement license fee per machine as listed in the fee schedule in
Sec. 22—627.
k. The ID Badge fees for each operator and owner a game room as listed in the fee
schedule in Sec.22—627.
Any false statement made by an applicant on the application shall subject the permit to
immediate suspension pending revocation and the applicant may be prosecuted as a violation
of V.T.C.A.,Penal Code§37.10,(tampering with governmental records),a third degree felony.
(1) Whether a previous permit of the applicant, or, if applicable, a corporate officer of the
applicant,has been revoked within two years of filing of the application;and
(2) A statement that all the facts contained in the application are true and correct.
DIVISION 3.-PENALTIES,FEES AND OTHER PROVISIONS
Sec.22-620.-Grounds for denial or revocation.
(a) Initial application or renewal application will be denied for one or more of the following reasons:
(1) A false statement as to a material matter made in an application for a permit;
(2) Revocation of a permit, pursuant to this article, of the applicant or corporate officer of the
applicant within two years preceding the filing of the application;
(3) The applicant or a co-owner for such permit has,within the past ten years,been convicted of
any offenses listed in Sec.22—611 Subsection(h).
(b) Initial application or renewal of a permit will be denied or an existing permit will be revoked if it is
determined that the applicant, owner or permit holder is indebted to the city for any fee, costs,
penalties,or delinquent taxes at the time of application or renewal.
(c) Existing permits issued under this provision shall shall be revoked for any—more than two (2)
separate occurrences of violations of this article during the effective permit period by giving
written notice, stating the reason for denial or revocation, and samc shall be cancelled ten daya
from the date of receipt of such notice.
(d) No permit shall be issued within a period of two (2) years to anyone whose permit has been
revoked.
(e) Application for additional or new permits issued under this provision shall be denied to an owner
or occupant who has been found in violation of this article for a period of two(2)years.
Sec.22-621.—Appeal from denial,suspension or revocation.
Any applicant desiring to contest the denial,revocation,or suspension of a game room license under
I this Code may request a hearing before a hearing officer-panel designated by the City Manager in
accordance with the following procedures:
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(1) A request for hearing must be in writing and delivered to the City Manager within ten days of the
denial or citation.The applicant waives the right to hearing if the request is not timely received
by the City Manager.
(2) The only-issue before the hearing officer panel shall be whether or not the proposed or existing
game room complies with the requirements of this Article.
(3) If the hearing officer panel determines that a proposed game room does not comply with the
requirements of this Article, then application for a game room license shall be denied. The
applicant may re-apply for a game room license if changes are made to bring the proposed
game room into compliance with this Article.
(4) If the hearing panel determines a game room has committed more than two(2) separate
violation occurrences within the effective permit period,the game room license will be revoked.
{Formatted:Indent:Left: Co',First line: 0"
(45) The decision of the hearing officer panel shall be final.
Sec.22—622.—Transfer of permit
A permit issued under the provisions of this article shall be specific to the site and personal to the
holder thereof and shall not be transferable or assignable.
Sec.22—623.—Replacement permits or decals.
(a) A replacement permit shall be issued to the original applicant for one lost, destroyed, or mutilated
after a written application is submitted with the fee listed in the fee schedule in Sec. 22-627 on a
form provided by the city for such purpose.
(b) A replacement permit shall bear the same expiration date as the one it replaces.
Sec.22—624.—Occupation tax.
Every permit holder who controls, possesses,exhibits or displays, or who permits to be exhibited or
displayed in the city for public patronage or operation by the public,any gaming machine shall pay,and is
hereby levied on each such gaming machine, except those exempt under this article, an annual
occupation tax in the amount equal to one-fourth of the current state occupation tax.All occupation taxes
for gaming machines are payable annually in advance.The fee for issuing a replacement occupation tax
receipt for one lost,destroyed or mutilated shall be as listed in the fee schedule in Sec.22-627.
Sec.22—625.—Regulatory enforcement license fee.
An owner, operator, or lessee of an amusement machine game room shall be required to secure a
regulatory enforcement license annually. An amusement redemption machine game room shall be
required to secure a regulatory enforcement license by paying to the city an annual inspection and
regulatory enforcement license fee as listed in the fee schedule in Sec. 22 - 627 for each amusement
redemption gaming machine. The regulatory license fee is implemented to cover the costs to issue the
permits, regulate the amusement redemption machine game rooms, and to determine whether the
provisions of this article are complied with. The annual term for all gaming machines within a gaming site
shall have an expiration date which coincides with the gaming room permit expiration/renewal date
irrespective of the gaming machine initial licensing date.
Sec.22—626 ID Badges-Owners and Operators
All owners and operators of an amusement machine game room shall be required to secure an ID
Badge issued from the City of Port Arthur annually following the completion of the required background
checks as described in Sec. 22-611(g). ID Badge Fees are listed in Sec 22-627 Fee Schedule. Owner
and Operator ID Badges shall be worn to be visible at all times while operating and working in a game
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room. Operators and owners without visible ID Badges shall be fined according to the fee penalty
schedule in Sec.22 627635.
Sec.22—627 Fee Schedule
Fee Description Ordinance Reference Fee
Application Fee Sec.22—611 $1,000.00
Renewal Fee Sec.22—618 $1,000.00
Sec.22-618(h)
Occupation Tax per Machine $15.00
Sec.22-624
Replacement Decals Sec.22—623 $15.00
Regulatory enforcement license fee per Sec.22-625 $400.00
machine
Initial ID Badge Fee Sec.22-626 $50.00
Replacement for Lost ID Badge Fee Sec.22-626 $25.00
DIVISION 4.—ENFORCEMENT.
Sec.22-628.-Violations of existing laws not authorized.
Nothing herein shall be construed or have the effect to license, permit, authorize or legalize any
machine,device,table,or gaming machine,the keeping,exhibition, operation,display or maintenance of
which is illegal or in violation of any ordinance of the city, any section of the Penal Code or the
Constitution of the State of Texas.
Sec.22—629 Inspections,compliance.
a) It shall be the duty of all owner, manager, or employee of a game room, or other person exercising
control over a game room,a portion of a game room,to provide any law enforcement officer or code
enforcement officer with immediate unrestricted access during business hours to all areas of a game
room and to all amusement redemption machines.
b) The gaming site shall conform to all zoning ordinances, building codes and fire prevention codes of
the city and comply with all federal, state and local ordinances and regulations relevant to the
operations of a gaming site or gaming machine.
(c) An owner, operator, occupant, or any person who does not allow immediate access to the area of
the gaming site where such machines are located to officials for the purpose of inspection or
enforcement commits an offense.See Penalty fees.Sec 22—635.
Sec.22-630.-Responsibility of permit holder.
A permit holder hereunder shall not permit any of the following activities within the permitted gaming
site:
(1) The sale, purchase, possession or consumption of any alcoholic beverages as the same is
permitted by the Texas Alcoholic Beverage Code, unless the gaming site is licensed under the
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provisions of said code and the ordinances of the city for the sale, purchase, possession or
consumption of alcoholic beverages.
(2) The operation of any gaming machine by a person younger than 17 years of age.
Sec.22-631.-Sealing machine for nonpayment.
(a) Any law enforcement or code enforcement officer charged with the administration of this code shall
seal, in a manner that will prevent further operation, any gaming machine upon which the tax and
enforcement fee required by this article has not been paid or upon which the decal is not properly
displayed.The owner or operator of any machine subject to this article shall be required to pay a fee
equal to the maximum amount permitted under V.T.C.A., Occupations Code § 2153.453, for the
release of any machine sealed and any outstanding enforcement fee amounts, as provided herein,
for nonpayment of the tax, nonpayment of the enforcement fee, or for failure to properly display the
decal evidencing the payment of the tax and proper registration of the machine. Upon proof of
payment of the occupation tax and enforcement fee provided for in section 22-627 and the regulatory
enforcement license fee provided for in section 22-627 of this article,and the release fee,the officer
will remove the seal.
(b) Any owner desiring to contest the tax, enforcement fee, or penalty owed to the city to secure the
release of a sealed machine may request a hearing as described in Sec.22—621.
Sec.22-632.-Penalty for removal of sealed machine.
It shall be unlawful to remove from the permitted site any machine that has been sealed
pursuant to section 22-631 of this article.Whoever removes or causes to be removed a machine
that is sealed shall be guilty of a Class C misdemeanor and, upon conviction,shall be punished
by a fine as listed in Sec.22—635.
Sec.22-633.-Injunctions.
(a) In addition to the fines and penalties provided in this article,if it appears that a person has violated or
is violating or is threatening to violate any provisions of this article,the city attorney may institute a
civil suit in a court of competent jurisdiction for injunctive relief to restrain the person from continuing
the violation or threat of violation.
(b) On application for injunctive relief and a finding that a person is violating or threatening to violate any
provision of this article,the court shall grant such injunctive relief as the facts may warrant.
Sec.22-634.-Strict enforcement;exemptions.
(a) All law enforcement personnel, inspectors, and other designated personnel shall carry out the
provisions of this article and may issue citations for violations of this article. All law enforcement
officers and representatives shall strictly enforce and prosecute the provisions of this article, and
court officials shall see that this article receives strict interpretation and adjudication in a court of
competent jurisdiction.
(b) A person in possession or control of a gaming machine is exempt from this article if:
(1) The gaming machine is maintained exclusively in a personal residence and solely for personal
use;or
(2) The gaming machine has been altered in such a way that it no longer functions as a coin-
operated machine and is not patronized for the purpose of winning cash or cash value prizes;or
(3) The gaming machine is owned by, leased or rented to organizations operated exclusively for
charitable, educational, religious or benevolent purposes. An organization with social or
fratemal activities does not qualify;or
(4) The gaming machines designed for and utilized exclusively by children are expressly exempt
from the tax and enforcement fee.
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Sec.22—635.Penalty fees.
a) Proof of a culpable mental state is not required for a conviction of an offense under this article.
b) Any violation charged pursuant to this section shall be independent of and may be in addition to
any administrative penalties which may be imposed regarding the suspension, revocation or
denial of any permit or license granted under this article.
c) Each day a violation occurs shall be deemed a separate offense.
Violation Description Ordinance Reference Fine Range {Formatted Table
Violation of Operating Hours,per machine,per Sec.22—617 $250.00 to$500.00 t -(Formatted:Centered
hour and/or portion of an hour
Signage Sec.22-612 $250.00 to$500.00
Transparent,uncovered windows required Sec.22-613 $250.00 to$500.00
Machine Registration Requirements Sec 22-614 $250.00 to$500.00
Refusal of Inspection Sec.22-629 $250.00 to$500.00
Operation of gaming machines by minors Sec.22-630 $250.00 to$500.00
Penalty for removal of sealed machine Sec.22-631 $250.00 to$500.00
Penalty for No Visible ID Badge Sec.22-626 $250.00 to$500.00
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