HomeMy WebLinkAbout23-3741 OrdinanceORDINANCE NO. 23-3741
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE
CITY OF PLAINVIEW, TEXAS BY ADDING ARTICLE 4.13,
"AMUSEMENT REDEMPTION MACHINES GAME ROOMS"
CONCERNING THE REGULATION AND CONDUCT OF AMUSEMENT
REDEMPTION MACHINE GAME ROOMS WITHIN THE CITY;
ESTABLISHING A LICENSING AND REGULATORY PROCESS FOR
AMUSEMENT REDEMPTION MACHINES; PROVIDING AN APPEALS
PROCESS; PROVIDING FOR A PENALTY NOT TO EXCEED $500.00
FOR EACH OFFENSE; PROVIDING AN EFFECTIVE DATE; PROVIDING
A SAVINGS CLAUSE; PROVIDING A REPEALER AND PROVIDING
FOR PUBLICATION.
WHEREAS, the City Council for the City of Plainview, Texas pursuant to the
constitution and laws of the State of Texas including, but not limited to, Article 11, Section
5 of the Texas Constitution as a home rule city and the applicable provisions of Chapters
215 and 217 of the Texas Local Government Code, has the authority to set forth
ordinances and regulations and exercise its police powers for the public health, safety,
morals, or general welfare of the citizens of the City of Plainview including the regulation
of amusements and nuisances; and
WHEREAS, the City Council of the City of Plainview desires to regulate game
rooms and amusement redemption machines located within the municipal limits of the
City of Plainview; and
WHEREAS, the City is a home rule municipality that is duly authorized under the
Texas Constitution, the laws of the state of Texas as well as pursuant to Sections
215.074, 215.075 and 217.042 Texas Local Government Code to address the negative
effects of game rooms and amusement redemption machines in the manner set forth
below; and
WHEREAS, the City Council of the City of Plainview, finds the following addition
to the Code of Ordinances, City of Plainview regulating gaming rooms and amusement
redemption machines is reasonable and beneficial for the public health, safety and
general welfare of the citizens of Plainview and a proper exercise of its police power;
NOW THEREFORE, THE CITY OF PLAINVIEW HEREBY ORDAINS THAT:
SECTION 1. The Code of Ordinances, City of Plainview, is amended by adding Article
4.13 to read as follows (for reference purposes, new additions to the Code of Ordinances
are underlined and italicized and deleted provisions are indicated by strikethrough text):
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"ARTICLE 4.13 AMUSEMENT REDEMPTION MACHINE GAME ROOMS
Sec.4.13.001 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.
Any electronic, electromechanical or mechanical contrivance designed, made and
adapted solely for bona fide amusement purposes if the contrivance rewards the
player exclusively with noncash merchandise, prizes, 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.
City official. Any code enforcement officer or building official of the city or any law
enforcement officer.
Excluded machine.
The following are not considered an "amusement redemption machine" for
purposes of this article.
(1) A machine that awards the user noncash merchandise prizes, toys or
novelties solely and directly from the machine, including claw, crane, or similar
machines;
(2) A machine from which the opportunity to receive noncash merchandise
prizes, toys, or novelties, or a representation of value redeemable for those items,
varies depending upon the user's ability to throw, roll, flip, toss, hit, or drop a ball
or other physical object into the machine or a part thereof, including basketball,
skeet ball, golf, bowling, pusher, or similar machines; or
(3) A machine or any device defined in Texas Penal Code section 47.01 as a
gambling device, or any activity prohibited or described in Texas Penal Code
chapter 47.
Game room or amusement redemption machine game room. Any establishment,
building, facility or other place open to the public where two or more amusement
redemption machines are displayed or exhibited for public use.
Game room owner or owner. A person who has an ownership interest of at least
25 percent in a game room.
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Licensee. Any person, individual, firm, company, association, or corporation
operating an amusement redemption machine game room in the city.
Sec. 4.13.002 License required; annual license fee; term of license
(a) An owner, operator, or lessee of a game room with amusement redemption
machines shall be required to secure an annual license and no person shall
operate an amusement redemption machine game room in the city without first
obtaining a license from the city, as required by this article. No license shall be
issued until:
(1) Verification that the state occupation tax has been paid for each
amusement redemption machine within the premises as required under
the Texas Occupations Code Chapter 2143;
(2) The annual license fee of $500.00 fee of the city has been paid; and
(3) A tax permit issued by the state and all seals required by the state are
securely affixed to each amusement redemption machine.
(b) Upon payment of the license fee, compliance with all licensing requirements
and the terms of this article, a license shall be issued by the city.
(c) A license issued for an amusement redemption machine game room under
this article:
(1) Is an annual license which expires December 31 st of each year unless
it is suspended or cancelled earlier;
(2) Is effective for a single place of business only;
(3) Vests no property right in the licensee except to maintain, display for
public patronage, and permit the use or skill or pleasure of amusement
redemption machines in accordance with the terms and conditions of
this article;
(4) Shall automatically expire if the licensee thereof sells the property or the
business, transfers equity to accomplish same, or otherwise disposes of
amusement redemption machines;
(5) Is not assignable or transferable; and
(6) Is non-refundable after being issued and is not subject to proration or
reduction.
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Sec. 4.13.003 Transparent, uncovered windows required
(a) Every game room shall have transparent unobstructed windows or open
space on at least one (1) side so that the area is open to view by the general public
passing by on a public street or using a corridor, lobby or other room to which the
public has access and is admitted without charge.
(b) The owner, manager or employee of a game room shall not permit any
obstruction of such public view by the use of drawn shades, blinds, partitions,
tinting or other structures or obstructions.
Sec. 4.13.004 Restrictions, regulations, controls, and limitations
(a) All building and fire code standards must be met. Inspection by city officials
and the issuance of a certificate of occupancy shall be obtained before a license
for a game room as defined under this article is issued.
(b) Only one game room shall be permitted on any lot or in any single building,
structure or strip center except for game rooms in existence as of the date this
article goes into effect and which do not meet this criteria; in which case full
compliance with this subsection shall be required within six (6) months of the
effective date of this article or upon abandonment of use at such location,
whichever occurs first.
(c) No amusement redemption machine game room shall be situated within 300
feet of any church, school or hospital except for game rooms in existence as of the
date this article goes into effect and which do not meet this criteria; in which case
full compliance with this subsection shall be required within six (6) months of the
effective date of this article or upon abandonment of use at such location,
whichever occurs first.
(d) The distance shall be measured in a straight line without regard to intervening
objects or structures and from the nearest lot line of the amusement redemption
machine game room seeking a license to the nearest lot line of the church, school,
daycare, or hospital.
(e) No amusement redemption machines or related business activities shall be
allowed to be situated and/or performed outdoors.
(f) The hours of operation for an amusement redemption machine game room
shall be limited to the following hours:
(1) Monday through Thursday, open at 11:00 a.m. and close at 11:00 p.m.;
and
(2) Friday through Sunday, open at 11:00 a.m. and close at 12:00 a.m.
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(g) One parking space shall be provided for each two amusement redemption
machines within the amusement redemption machine game room, plus one
additional parking space for each employee per shift.
(h) The owner, operator, or manager of the licensed premises must be present
to supervise the operation of the amusement redemption machine game room.
The amusement redemption machine game room shall not be left unattended.
(i) Amusement redemption machines must be situated within the licensed
premises as to be in full and open public view, which entails being visible to all
patrons of the establishment.
(j) No person under the age of 18 years shall be permitted inside the building,
structure, facility or space housing the amusement redemption machine game
room.
(k) The owner, operator, or manager of the licensed premises shall mark each
entrance to a game room with a sign in one and one-half inch (1-1/2") or larger
block letters and which is legible from a distance of at least twenty-five feet (25)
that states the following:
"GAME ROOM: No person under the age of 18 years permitted."
(1) The total number of amusement redemption machines allowed in one game
room establishment shall be limited to a maximum number of fifty (50) operational
amusement redemption machine games. For purposes of this section, any back-
up, nonoperational or replacement amusement redemption machines will not
count towards this maximum limit so long as they are secured in a locked storage
area or closet to which the public is not allowed to enter and such machines shall
not be connected to electricity or otherwise be operational.
(m) Game rooms shall only be permitted in the Light Industrial (LI) and General
Commercial (GC) zoning districts as a special use in accordance with Chapter 14
of the Code of Ordinances, City of Plainview. A person, including the manager,
operator or owner of a game room, commits an offense if he or she operates or
permits the operation, or establishment of a game room in any other zoning district
of the city.
(n) Nothing contained 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 regulation of the county, any section of
the penal code of this state, or the constitution of this state.
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Sec. 4.13.005 Application for amusement redemption machine game
room license
(a) An applicant for a license under the provisions of this article shall file with the
city secretary a written application on a form provided for that purpose by the city
which shall be signed by the applicant, who shall be the owner of the amusement
redemption machine game room sought to be licensed. A separate application
must be filed for each location sought to be licensed. The following information is
required in the application:
(1) Name, address, telephone number, cell phone number, e-mail address
and driver's license number of the applicant if the applicant is a natural
person;
(2) Name, address, telephone number, cell phone number, e-mail address
and driver's license number of all persons who own 25 percent or more
interest in the amusement redemption machine game room;
(3) Name, address, telephone number, cell phone number, e-mail address
and driver's license number of all corporate officers, if any, of such
business;
(4) Name, address, telephone number of the business;
(5) If incorporated, the name of the business registered with the Texas
Secretary of State as well as the name, address and contact information
of the registered agent;
(6) If a partnership, the name, address, telephone number, cell phone
number, e-mail address and driver's license of each of the general and
limited partners;
(7) The trade name by which the applicant does business and a true and
correct copy of the registration of the applicant's assumed name filed in
the office of the county clerk, bearing the file mark or stamp that
evidences its filing in that office;
(8) The street address of the premises;
(9) If applicant is not the owner of the premises, the applicant shall furnish
the name, address, telephone number, cell phone number and e-mail
address of the property owner;
(10) Name, address, telephone number, cell phone number and e-mail
address of the operator of the premises to be permitted;
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1
(11) Number of amusement redemption machines in the premises to be
permitted and the serial number of each amusement redemption
machine;
(12) Whether a previous license of the applicant, or, if applicable, a corporate
officer of the applicant, has been revoked within two years of filing of the
application;
(13) The previous occupation(s) of the applicant and, if applicable, all
corporate officers and partners of the applicant within the preceding five
years;
(14) A notarized statement, under oath, that:
(A) All the facts contained in the application are true and correct;
(B) The amusement redemption machines are not and will not be used
as gambling devices;
(C) The location and operation of the amusement redemption
machine game room will not violate any applicable deed
restrictions;
(D) The amusement redemption machine game room will be operated
in accordance with all laws.
(15) Name, address, telephone number, cell phone number and e-mail
address of an emergency contact person who can be reached after
hours;
(16) A floor plan of the amusement redemption machine game room interior
depicting the layout of the amusement redemption machine game room
interior specifically including, but not limited to, the location of all
amusement redemption machines, coin operated machines or devices,
the manager's station(s), restroom facilities, kitchen and bar facilities, if
any, and all areas to which patrons will not be permitted; and
(17) Any other plans that may be required by this code.
(b) Any failure to provide the documents required by this section shall be
grounds for denial of the application to which it applies.
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Sec. 4.13.006 Renewal of amusement redemption machine game room ■
license
(a) A license may be renewed for the following calendar year beginning October
1 st of each year by filing a completed application for each license and paying the
applicable fee set forth in this article. A renewal application shall be subject to the
same requirements in this section as for a license application.
(b) Upon the expiration of a license, the licensee shall be required to obtain a
renewal of the expired license if the licensee wishes to continue operating an
amusement redemption machine game room. Failure to obtain the renewal within
30 days after expiration may require such person to pay an additional late fee in
an amount equal to 20 percent of the fee as currently established or as hereafter
adopted by city council from time to time. Nothing herein authorizes the licensee
to operate after the expiration of a license and before a renewal is effective.
Sec. 4.13.007 Grounds for denial of license; applicants or licensees
indebted to city
(a) The city shall refuse to approve issuance or renewal of a permit or licensee
for one or more of the following reasons:
(1) Any failure to provide the information required by this article;
(2) A determination by the city that inaccurate, erroneous or incomplete
information has been submitted;
(3) A false statement as to a material matter made in an application for a
license;
(4) Revocation of a license, pursuant to this article, of the applicant or a co-
owner or a corporate officer of the applicant within two years preceding
the filing of the application;
(5) Refusal or failure to pay the state occupation tax on any amusement
redemption machine;
(6) Refusal or failure to pay the correct license fee amount;
(7) The applicant or a co-owner for such license has, within the past three
years, been convicted of any violation of this article;
(8) The applicant or a co-owner for such license has, within the past five
years, been convicted of any violation of regulations adopted by the
county relating to game rooms;
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(9) The applicant or a co-owner for such license has, within the past five
years, been convicted of a felony; and/or
(10) The applicant or a co-owner for such license has, within the past ten
years, been convicted of a crime of moral turpitude. For purposes of this
article, a crime of moral turpitude is any crime involving dishonesty,
fraud, deceit, misrepresentation or is defined as a crime of moral
turpitude in the State of Texas. This includes, without limitation, the
following crimes:
(A) theft or theft of service;
(B) forgery;
(C) making a false statement to obtain property or credit;
(D) deceptive business practices;
(E) fraudulent filing of financing statement;
(F) bank fraud, insurance fraud or mail fraud;
(G) lying to a law enforcement officer (filing a false report);
(H) tax evasion;
(1)
(J)
conspiracy to bribe a public official;
sale of narcotics;
(K)
failure to stop and render aid;
(L)
burglary of a vehicle;
(M)
prostitution or promoting prostitution;
(N)
indecent exposure;
(0) assault or aggravated assault by a male on a female;
(P) murder; or
(Q) sexual assault of a child;
(b) The city shall not issue or renew a license under this article and shall suspend
or cancel a license if it be determined that the owner, applicant or licensee is
indebted to the city for any fee, costs, penalties, or delinquent taxes.
Sec. 4.13.008 Suspension or revocation of license for violation of article
(a) Power and authority. If any individual, company, corporation or association
who owns, operates, exhibits, or displays any amusement redemption machine(s)
in an amusement redemption machine game room in this city shall violate any
provision of this article, the city shall have the power and authority to suspend or
revoke the license(s) issued hereunder to any of the foregoing by giving written
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notice, stating the reason justifying such suspension or revocation, and the same
shall be suspended or revoked ten days from the date of such notice. .
(b) Suspension. The city manager or his designee shall suspend a license for a
period not to exceed 30 days if he determines that a licensee or an employee of a
licensee has:
(1) Violated or is not in compliance with any of the provisions of this article;
(2) Refused to allow or interfered with an inspection of the amusement
redemption machine game room premises;
(3) Based on evidence presented to the city manager, permitted one of the
prohibited activities outlined in §4.13.012; or
(3) Demonstrated an inability to operate or manage an amusement
redemption machine game room in a peaceful and law-abiding manner
thus necessitating action by law enforcement officers.
(c) Revocation for continuing violations. The city manager or his designee shall
revoke a license if a cause of suspension occurs and the license has been
previously suspended within the preceding twelve months.
(d) Automatic revocation. The city manager or his designee shall revoke a
license if he determines that:
(1) A licensee gave false or misleading information in the material submitted
to the city during the application process;
(2) A licensee or an employee of a licensee knowingly allowed the
possession, use, or sale of a controlled substance on the premises;
(3) A licensee or an employee of a licensee was arrested on the premises
for unlawful or criminal activity being conducted on the premises; or
(3) A licensee or an employee of a licensee knowingly operated the
amusement redemption machine game room during a period of time
when the licensee's permit was suspended.
(e) Effect of revocation. No license shall be issued within a period of one year
to anyone whose license has been revoked, except at the discretion of the city
manager or his designee. If the license of an individual, company, corporation, or
association owning, operating, or displaying amusement redemption machines in
this city is cancelled, such individual, company, corporation or association shall not
operate, display or permit to be operated or displayed such amusement
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redemption machines in any amusement redemption machine game room until a
new license is granted.
Sec. 4.13.009 Appeal from denial, suspension or revocation of license
If the city manager or his designee refuses to approve the issuance of a license or
the renewal of a license to an applicant, or suspends or revokes a license issued
under this article, this action is final unless the applicant or licensee, within ten
days after the receipt of written notice of the action, files a written appeal with the
city secretary, who shall, within ten days after the appeal is filed forward same to
city council for its consideration at a public meeting following a hearing. The city
council shall, within 30 days, grant such hearing to consider the action. The city
council has authority to sustain, reverse, or modify the action appealed. The
decision of the city council is final.
Sec. 4.13.010 Display of license
A valid license issued under this article for an amusement redemption machine
game room shall be displayed at or near the entrance of the business premises,
and such display shall be permanent and conspicuous.
Sec. 4.13.011 Inspections
(a) The premises in which such amusement redemption machines are located
shall conform to all building codes and fire prevention codes of the city and the fire
official of the city and his assistants, the city inspector/code enforcement officer,
and the chief building official may enter into the premises where such amusement
redemption machines are located at any time during normal business hours for the
purposes of inspecting said premises for fire hazards.
(b) All law enforcement personnel and the inspector/code enforcement officer of
the city shall have the right to enter into said premises at any time during normal
business hours for the purpose of inspection and enforcement of the terms of this
article.
(c) The city shall have the authority to seal any amusement redemption machine
located in any amusement redemption machine game room for which the state
occupation tax has not been paid. A fee in the amount of $25.00 will be charged
for the release of any machine sealed for nonpayment of said occupation tax.
Sec. 4.13.012 Responsibility of licensee
A licensee hereunder shall not permit any of the following activities within the
licensed premises:
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(1) The operation of any amusement redemption machine by a person
younger than 18 years of age;
(2) Gambling by any person;
(3) The possession of gambling materials; and
(4) Unlawful or criminal activity of any kind.
Sec. 4.13.013 Parking facilities
Any person who desires a license for the operation of two or more amusement
redemption machines in one specific location shall be required to provide sufficient
off-street parking to accommodate the vehicles of the patrons as provided for
herein. Such parking area shall be maintained in a safe, clean manner and shall
not interfere with safe and expeditious movement of other vehicular or pedestrian
traffic.
Sec. 4.13.014 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 regulation of the county, any section of the penal code of this state,
or the constitution of this state.
Sec. 4.13.015 Offense; penalties
(a) Any violation of this article by any person shall constitute a misdemeanor
and shall be punishable by a fine in accordance with the general penalty provision
found in Section 1.106 of this code. This penalty provision shall be in addition to
any other legal or equitable remedies available to the City to enforce this article.
(b) Proof of a culpable mental state is not required for a conviction of an offense
under this article.
(c) Each day that a violation occurs is a separate offense.
(d) In addition to the penalty described in (a) above, the city may pursue other
remedies such as injunctive relief, abatement of nuisance, revocation current
license and securing an amusement redemption machine so as to render it
inoperable."
SECTION 2. Penalty. Any person found in violation of any provision of this Ordinance
shall be shall be guilty of a misdemeanor and upon conviction thereof shall be fined in
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accordance with the general penalty provision found in Section 1.106 of the Code of
Ordinances, City of Plainview, Texas.
SECTION 3. Effective Date. This ordinance shall take effect immediately from and after
its passage and publication as may be required by governing law.
SECTION 4. Repealed. All other terms and provisions of the Code of Ordinances, City
of Plainview, not in conflict herewith and not hereby amended shall remain in full force
and effect.
SECTION 5. Severability. If any provision, section, subsection, sentence, clause or the
application of same to any person or set of circumstances for any reason is held to be
unconstitutional, void or invalid or for any reason unenforceable, the validity of the
remaining portions of this ordinance or the application thereby shall remain in effect, it
being the intent of the City Council of the City of Plainview, Texas in adopting this
ordinance, that no portion thereof or provision contained herein shall become inoperative
or fail by any reasons of unconstitutionality of any other portion or provision.
SECTION 6. Publication. The City Secretary of the City of Plainview is hereby
authorized and directed to cause publication of the descriptive caption of this Ordinance
as an alternative method provided by law.
Passed and approved on first reading this 14fh day of February, 2023.
Passed and approved on second reading this 28fh day gf February, 2023.
Charles Storn4s, Mayor
ATTEST:
Belinda Hinojosa, &0 Secretary
APPROVED AS TO CONTENT:
K��l
Jeff re , City Manager
APPROVED AS TO FORM:
M tt w Wade, City Attorney
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