HomeMy WebLinkAboutOrdinance - 2020-O0133 - Amending Article 8.04 of the Code of Ordinances - Coin Operated MachinesFirst Reading
September 22, 2020
Item No. 8.10
ORDINANCE NO. 2020-00133
Second Reading
October 13, 2020
Item No. 6.18
AN ORDINANCE AMENDING ARTICLE 8.04 OF THE CODE OF ORDINANCES
OF THE CITY OF LUBBOCK, TEXAS WITH REGARD TO COIN -OPERATED
MACHINES; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND
PROVIDING FOR PUBLICATION.
WHEREAS, the City Council of the City of Lubbock, Texas finds and determines that it is in
the best interest of the health, safety, and welfare of the citizens of the City of Lubbock to make
the following amendment to Chapter 8 of the Code of Ordinances of the City of Lubbock;
NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT Sections 8.04.001, 8.04.062, 8.04.064(c), 8.04.064(d), and
8.04.067 of the Code of Ordinances of the City of Lubbock, Texas are hereby amended to read
as follows:
Sec.8.04.001 Definitions
The following words, terms and phrases as used in this article are defined as follows:
Applicant means any person, firm, company, association, franchise, or corporation that applies
for an Operator's Game Room Permit under this Article. The term "applicant" shall include
each member of a partnership when the applicant is a partnership. If a member of the applicant
partnership is not a person, the applicant shall include those persons holding a ten -percent or
greater interest in the entity that constitutes that member of the partnership applicant. The term
"applicant" shall include each officer, director, and holder of a ten -percent or greater interest
of a corporation, firm or association when the applicant is a corporation, firm, association, or
franchise. If the holder of a ten -percent or greater interest in a corporation, firm or association
applicant is not a person, the applicant shall include those persons holding a ten -percent or
greater interest in the entity which holds a ten -percent or greater interest in the corporation,
firm or association which is the applicant. The term "applicant" shall include the franchisee,
or holder of a franchise license, when the applicant is a franchised business. If a member of
the applicant franchise is not a person, the applicant shall include those persons holding a ten -
percent or greater interest in the entity that constitutes that member of the franchise applicant.
When a permit is issued under this article, the Applicant becomes the permit holder.
Chief of police means the chief of police of the City of Lubbock or his designated agent.
Coin -operated machine means every machine or device of any kind or character, which is
operated by or with credits or points which have been purchased with anything of value,
incl uding coins, slugs, tokens, paper money, checks, credit or debit cards, or stored value cards,
whether those points or credits are purchased directly at the machine or at a central station or
terminal, or are transferred to the machine by means of an electronic or electromagnetic card.
When a machine or device allows more than one person to simultaneously operate the machine
or device by or with credits or points which have been purchased with anything of value,
including coins, slugs, tokens, paper money, checks, credit or debit cards, or stored value cards,
whether those points or credits are purchased directly at the machine or at a central station or
terminal, or are transferred to the machine by means of an electronic or electromagnetic card,
each station or location on the machine or device where a person can operate the machine or
device shall be considered an individual "coin -operated machine." "Music coin -operated
machines" and "skill or pleasure coin -operated machines" as those terms are hereinafter
defined shall be included in such term.
Music coin -operated machine means every machine or device of any kind or character that
dispenses or vends or that is used for dispensing or vending music and is operated by or with
coins, metal slugs, paper money, tokens, checks, or credit or debit cards.
Operator means any person, firm, company, association, or corporation which exhibits,
displays or permits to be exhibited or displayed, in a place of business, any coin -operated
machine in the city.
Perron includes any natural person, association of natural persons, trustee, receiver,
partnership, corporation, organization, or the manager, agent, servant, or employee of any of
them.
Service coin -operated machine means every pay toilet, pay telephone, and all other machines
which dispense service only and not merchandise, music, skill, or pleasure.
Skill or pleasure coin -operated machine means every coin -operated machine of any kind or
character whatsoever, when such machine or machines dispenses or are used or are capable of
being used or operated for amusement or pleasure or when such machines are operated for the
purpose of dispensing or affording skill or pleasure or for any other purpose other than the
dispensing or vending of merchandise or music or service exclusively, as those terms are
defined in this section.
Sec.8.04.062 Application
(a) An Operator's Game Room Permit application may be obtained at the city secretary's
office.
(b) The Applicant shall be required to furnish the following information:
(1) The name of the Applicant's business and the address of the location where the
machines are to be located.
(2) The date of birth and full legal name, including any and all names by which the
person has been known, of the Applicant and of each person included within
the definition of Applicant as set forth at section 8.04.001 of this article.
(3) If the Applicant is a corporation, the exact corporate name, state of
incorporation and principal place of business for the corporation.
(4) The current residence address and telephone number of the Applicant and of
each person included within the definition of Applicant as set forth at section
8.04.001 of this article.
(5) A copy of the driver's license, state identification card, or other forms of
identification acceptable to the city secretary and sufficient to establish the truth
and accuracy of the information provided in the application of the Applicant
and of each person included within the definition of Applicant as set forth
at section 8.04.001 of this article.
(6) The name and home address of a Local Agent if the Applicant is not a resident
of the City of Lubbock. If the Applicant is a resident of the City of Lubbock,
the Applicant may serve as the Local Agent or designate a separate individual
as the Local Agent. A copy of the Local Agent's driver's license, state
identification card, or other forms of identification acceptable to the city
secretary and sufficient to establish the truth and accuracy of the information
provided in the application.
(7) The name and home address of the Manager of the applicant's business who
will be primarily responsible for the day-to-day operations of the business. A
copy of the Manager's driver's license, state identification card, or other forms
of identification acceptable to the city secretary and sufficient to establish the
truth and accuracy of the information provided in the application
(8) All felony and misdemeanor convictions and deferred adjudications, except for
Class-C traffic offenses, of the Applicant and of each person included within
the definition of Applicant as set forth at section 8.04.001 of this article, and of
the Local Agent and Manager, including, but not limited to, any of the offenses
as described at section 8.04.064(d)(5) of this article, except for deferred
adjudications when a court has issued an order of nondisclosure.
(9) The maximum number of skill or pleasure coin -operated machines to be located
at the business.
(10) The landline telephone number for the address of the location where the
machines are to be located.
(11) The application shall be signed under penalty of perjury by the applicant,
attesting to the truth and accuracy of the information provided, including each
document attached to the application.
(c) Only one Operator's Game Room Permit may be issued for a single location and each
Operator's Game Room Permit is non -transferable to any other location or address or
to any person, firm, company, association, franchise, or corporation that was not
originally the Applicant as set forth at section 8.04.001 of this article.
(d) The Operator shall have a continuing duty, during the term of any Operator's Game
Room Permit or renewal thereof, to notify the city secretary of any change in the
information required to be submitted on the application for the Operator's Game Room
Permit.
(e) Issuance of an Operator's Game Room Permit by the city secretary is contingent on the
verification of the application information with assistance of other city departments as
appropriate, including, without limitation, the police, planning and zoning, code
enforcement, fire marshal, environmental health, and building inspection departments.
Sec. 8.04.064 Issuance or Denial
(c) The city secretary shall issue a permit to the Applicant which shall be valid only as to
the game room activities described in the application and approved on the face of the
permit, unless one or more of the following conditions exists:
(1) The location of the game room business or enterprise is or would be in violation
of chapter 40 of the Code of Ordinances of the City of Lubbock, Texas.
(2) The Applicant has failed to make full disclosure, or to supply all of the
information requested on the application, or the application is otherwise
incomplete.
(3) The Applicant has provided false, fraudulent or untruthful information on the
application, or is attempting to acquire the permit under false pretenses.
(4) The application or the establishment or the venture does not meet one or more
of the requirements of this article.
(5) The correct permit fee has not been tendered to the city and, in the case of
check or bank draft, honored with payment upon presentation.
(6) The structure, configuration or layout of the premises, as proposed by the
Applicant, if' permitted, would not comply with all applicable laws, including,
but not limited to, the city building, zoning, fire prevention and protection, and
health ordinances and regulations.
(7) The Applicant or the manager or any other person principally in charge of the
operation of the business is under eighteen (18) years of age, or is under twenty-
one (2 1) years of age and the sale or consumption of alcoholic beverages would
be an aspect of the venture.
(8) The Applicant has not demonstrated that the Applicant owns, leases or
otherwise has or continues to have the lawful right to occupy and use the
premises for the purpose stated in the application.
(9) The Applicant has been a permit holder, owner, Manager, Local Agent, or an
employee with managerial responsibilities for a game room business when the
permit for such business has been denied or revoked, within two (2) years
preceding the date of the application.
(d) The city secretary shall not issue a permit to the Applicant which shall be valid only as
to the game room activities described in the application and approved on the face of
the permit, unless:
(1) The parking ratio of one parking space per fifty (50) square feet of gross floor
area is provided on the development lot.
(2) The legal description of the property of the business where the machines will
be located is provided.
(3) The name of the owner of the property where the business is located is provided.
(4) A copy of the lease or rental agreement is provided, if the property is leased or
rented. A sublease, agreement, or contract with a person or entity other than the
person or entity listed with the Lubbock County Central Appraisal District as
the property owner for the address where the business will be located shall not
be sufficient to satisfy this requirement.
(5) The Applicant and of each person included within the definition of Applicant
as set forth at section 8.04.001 of this article, the Manager, and the Local Agent,
has not been convicted or received a deferred adjudication for any offense set
forth in Chapter 47 of the Texas Penal Code (Gambling); Chapter 34 of the
Texas Penal Code (Money Laundering); Chapter 71 of the Texas Penal Code
(Organized Crime); any offense involving the manufacture, possession or
delivery of a controlled substance in penalty groups 1, 1A, 2, 3, or 4, or the
delivery of marihuana, as more fully described in Chapter 481 of the Texas
Health & Safety Code; or any crime of moral turpitude.
Sec. 8.04.067 Appeal of denial or revocation or suspension
Any Applicant or Operator whose Operator's Game Room Permit is denied or revoked
pursuant to the provisions of this division shall have ten (10) business days following receipt
of the notice of such denial or revocation to appeal the denial or revocation to the City of
Lubbock Permit and License Appeal Board in accordance with chapter 2, article 2.03, division
3, section 2.03.071 et seq., of the Lubbock Code of Ordinances.
SECTION 2. THAT violation of any provision of this ordinance shall be deemed a
misdemeanor punishable as provided by Section 1.01.004 of the Code of Ordinances of the
City of Lubbock, Texas.
SECTION 3. THAT should any paragraph, sentence, clause, phrase or word of this
Ordinance be declared unconstitutional or invalid for any reason, the remainder of this
Ordinance shall not be affected thereby.
SECTION 4. THAT the City Secretary of the City of Lubbock, Texas, is hereby
authorized and directed to cause publication of the descriptive caption of this Ordinance as an
alternative means of publication provided by law.
AND IT IS SO ORDERED.
Passed by the City Council on first reading thi'211d day of September 2020.
Passed by the City Council on second reading thisl3th day of October 2020.
— ��j I
DANIEL M. POPE, MAYOR
ATTEST:
Reb ccacca G�y ecret ry
APPROVED AS TO CONTENT:
Reb cca Garza, City Se ret y
APPROVED AS TO FORM:
R an -ooke, Assistant City Attorney
2020 Game Room ordinance Amendment
9.9.20
M