Sec. 4.301Β Game Hall Defined
“Game Hall” is any room, hall, building, or place in which there is located any pool or billiard table, pinball machine, shuffle board, dart board, domino table, fussball machine, air hockey machine or any other coin-operated machine or device issued for the purpose of amusement or skill. The term does not include any coin-operated musical devices, nor any coin-operated amusement device designed exclusively for children under ten (10) years of age. A business, such as a restaurant or store, which does not derive more than ten percent (10%) of its profits from gaming devices or machines or which devotes not more than ten percent (10%) of its floor area to gaming devices or machines is not considered a game hall for these purposes.
Sec. 4.302Β Game Hall License Required
It shall be unlawful for any person to have, keep or maintain, for hire or profit in any place within the city, as a game hall unless a license has first been obtained for such purpose. The license shall be issued by the mayor when an application has been filed and approved and all conditions have been complied with. The annual fee for such license shall be as provided for in the fee schedule found in the appendix of this code.
Sec. 4.303Β Application for License
(a) Β Any person desiring a license to operate a game hall shall file with the mayor a written request or application, duly verified under oath, which shall contain the following information:
(1) Β Name, address, telephone number, driver’s license number, Social Security number, date of birth of the applicant(s) and operator, including trade or business name by which the applicant(s) does business.
(2) Β The proposed location by street and number of the place which is to be used as the game hall.
(3) Β If the applicant or operator, and if applicable, any corporate officer, has ever been convicted of a felony or misdemeanor, and if so, the nature of the offense.
(4) Β If the applicant is a corporation, a statement that the applicant is organized and chartered under the laws of the State of Texas, or is a foreign corporation, that such corporation is licensed to do business in the State of Texas, and a list of officers, directors and stockholders of such corporation shall be given.
(5) Β Occupation of employment of the applicant(s) and operator for a period of five (5) years immediately preceding the filing of the application.
Β The mayor may also request additional information as he or she may deem necessary to properly consider any request or application for a license to operate a game hall.
Sec. 4.304Β Denial, Suspension, and Revocation of License; Appeal
(a) Β Any license or request or application for a license to operate a game hall may be denied, suspended, or revoked by the mayor for the following:
(1) Β The applicant has been convicted of any felony or crime involving moral turpitude within five (5) years preceding the application or at any time during the term of the license issued under this article.
(2) Β The applicant has previously operated a game hall within the city and his or her license has been previously revoked.
(3) Β Failure to comply with these regulations controlling game halls.
(4) Β Misrepresentation or fraudulent statements on the applicant’s request or application for a license to operate a game hall.
(5) Β Violation of the city council’s zoning and building ordinances.
(b) Β Any applicant or operator whose license or application for a license is denied, suspended, or revoked may appeal the decision of the mayor to the city council. Such appeal must be submitted in writing and show cause why such license or application for a license should not be denied. Such appeal must be submitted to the city secretary within ten (10) days of the denial, suspension, or revocation. The city council shall hear the appeal and either sustain, modify or reverse the denial, suspension, or revocation. The decision of the city council shall be final.
Sec. 4.305Β Hours of Operation
All game halls shall close and shall not operate between the hours of 12:00 midnight and 7:00 a.m. of any day. However, any game hall operating with a private club license and late hours permit issued by the Texas Alcoholic Beverage Commission may stay open until 2:00 a.m. on any day.
Sec. 4.306Β Alcoholic Beverages Prohibited
It shall be unlawful for the owner, operator or employee of any game hall to permit any type of alcoholic beverage on the premises, either for sale, transfer, or on the person of customers, unless such place has been issued a private club license from the Texas Alcoholic Beverage Commission.
Sec. 4.307Β Gambling Prohibited
No gambling device or any mechanism that has been judicially determined to be a gambling device, or in any way contrary to law, or that may be contrary to any future laws of the State of Texas. The owner, operator, or employee of any game hall shall not permit gambling, betting or wagering of any kind or character to take place on the premises of such game hall, unless such place has been issued a Texas Lottery sales permit and then just for that purpose.
Sec. 4.308Β Premises to be Kept Clean and Sanitary; Interior View
The premises shall be kept and maintained in a clean, healthful and sanitary condition and all rooms, halls or areas shall be well-lighted and kept open and free from blinds, screens, and obstructions.
Sec. 4.309Β Minors Restricted During School Hours
No person owning, operating or managing any game hall shall allow any person under the age of seventeen (17) years of age to remain on the premises of any game hall between the hours of 8:00 a.m. to 12:00 p.m. 1:00 p.m. to 3:00 p.m. during official school days.
(Ordinance 849, Addendum 6, of 7/21/92)
