Loading...
HomeMy WebLinkAboutORD 23-073Chief Building Official. The Chief Building Official for the City of Beaumont or the designated representative of the Chief Building Official. Church. A building, in possession of a certificate of occupancy, in which persons regularly assemble for purposes of religious worship, intended primarily for purposes connected with such worship or for propagating a particular form of religious belief. Coin Operated Machine. Any kind of machine or device operated by or with a coin or other United State currency, metal slug, token, electronic card, or check including a skill or pleasure coin operated machine. Child Care Facility. An establishment that provides assessment, care, training, education, custody, treatment, or supervision for a child who is not related by blood, marriage or adoption to the owner or operator of the facility for all or part of the twenty- four (24) hour day whether or not the establishment operates for profit or charges for its services. Door Attendant. An individual who acts to regulate entry of customers or other persons into a game room. Eight Liner. See Amusement Redemption Machines. Fire Chief. The Chief of the City of Beaumont Fire Department or the designated representative of the Chief of the Fire Department. Gaming Machine. See Amusement Redemption Machines. Game Room. A building, facility, or other place that contains six (6) or more amusement redemption machines. Game Room Owner. An individual who: (1) Has 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 (10%) 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 .Jefferson County Cleric 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; or (7) Receives a certificate of occupancy for a game room. Game Room Permit Administrator. The Game Room Permit Administrator or the designated representative of the Game Room Permit Administrator, Hospital. A building, in possession of a certificate of occupancy, where the primary function is to provide medical and/or surgical treatment to sick or injured people and or otherwise defined by the Texas Occupations Code Chapter 241. Operator, 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; (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) Takes 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) A door attendant. Owner. See Game Room Owner. Permit. A document issued by the City Manager pursuant to the terms of this Article to an owner of a game room. Permit Holder. An individual in possession of an unexpired permit issued pursuant to this Article. Police Chief. The Chief of Police of the City of Beaumont Police Department or the designated representative of the Chief of Police. Residential Zoninq District,. A zoning district which allows the use of a single-family dwelling or two-family dwelling as listed in Section 28.03.023 Permitted uses. School. A building, in possession of a certificate of occupancy, where persons regularly assemble for the purpose of instruction or education together with the playgrounds, stadia and other structures or grounds used in conjunction therewith. The term is limited to: (1) public and private schools used for primary and/or secondary education, in which any regular kindergarten or grades one (1) through twelve (12) classes are taught; (2) colleges and universities; and (3) special education facilities in which students who have physical or learning disabilities receive specialized education in lieu of attending regular classes in kindergarten or any grades one (1) through twelve (12); 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 any amusement machine designated exclusively for a child. Sec. 6.10.002 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 sections 6.10.001 through 6,10,032 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 inhabitants. Division 2. Permits Sec. 6.10.003 Permit Required. (a) It shall be unlawful for any operator or owner of the game room to operate, use, or maintain a game room without first obtaining a permit from the City of Beaumont issued under the terms and conditions of this Article. (b) It shall be unlawful for any operator, permit holder or owner of the game room to operate, use, or maintain a game room located within the City unless a valid permit, issued pursuant to this Article to the registered owner, for that site is posted at or near the principal public entrance to the game room in such a manner that it will be conspicuous to patrons who enter the game room. (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) if there is a change in ownership or operation as delineated in subsection (a), a new application and permit will be required. Additionally, after the denial or revocation of a gaming permit, a new application will be required and is not considered to be a renewal. (e) A game room owner shall obtain a permit from the City of Beaumont, prior to operation, 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 Game Room Permit Administrator and shall contain such information as they shall require. Any failure to provide the information required by this section or a determination is made that inaccurate, erroneous or incomplete information has been submitted shall be grounds for denial of the application. (g) The proposed game room must comply with all locally adopted ordinances and comply with all federal and state statutes and regulations at the time of the submission of the application for a permit. (h) Each application shall also be accompanied by: (1) A copy of a certificate of occupancy issued by the Chief Building Official as appropriate for the proposed game room; (2) 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 (3) In the case of a game room to be operated as a corporate entity, a true and correct copy of the Texas Secretary of State corporate filing documents, bearing the file mark or stamp that evidence filing with the Texas Secretary of State. (4) Non-refundable fee(s) as listed in section 6.10.025, Fee Schedule. i. Each application received under this section will be investigated to determine whether the permit holder, applicant, owner(s), and operators of a game room have been convicted of any of the following offenses; (5) Gambling, gambling promotion, keeping a gambling place, communicating gambling information, possession of gambling devices or equipment, or possession of gambling paraphernalia as described in Tex. Penal Code Ch. 47; (6) Forgery, credit card abuse, or commercial bribery as described in Tex. Penal Code Ch. 32; (7) Money laundering as described in Tex. Penal Code Ch. 34; (8) Criminal attempt, conspiracy or solicitation to commit any of the foregoing offenses; or any other offense to the laws of another state or the United States that, if committed in this state, would have been punishable as one or more of the aforementioned offenses, or (9) A criminal offense as described in Tex. Local Government Code Ch. 352, subch. B; and i. Less than two (2) 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 misdemeanor offense; or ii. Less than five (5) 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. (i) A conviction, within the past ten (10) years, for an offense involving gambling and the possession of gambling paraphernalia, as defined above, shall be grounds for denial, revocation, or refusal to renew such licenses because these businesses offer special opportunities for gambling activities. 0) Any failure of a proposed game room to meet all requirements of this section shall be grounds for denial, revocation, or suspension of a game room license. (k) Each game room permit is valid for one (1) 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 sixty (60) days before the expiration of the current permit by fling a completed application for each permit and paying the applicable fee set forth in section 6.10.025, Fee Schedule. (1) A machine that provides the possibility, probability and/or certainty of dispensing a non -cash prize, toy, or novelty with a value of not more than ten (10) times the amount charged to play the game or device once, or $5.00, whichever is less at the time of play, but does not allow the player to amass or accumulate points, tokens or any other method to accumulate credits towards larger or greater value non -cash merchandise prizes, toys, or novelties is exempt from the requirements of this Article. Sec. 6.10.004 Machine Registration Requirements. Gaming machines, as defined in this Article, shall be registered as follows: (a) The permit holder, game room owner(s) or operators are required to maintain in its game room a complete inventory list, along with serial numbers or equivalent identification, as set forth in subsections (d) and (e) 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 (d) and (e) below, of the machines that the permit holder intends to put into operation when the game room begins its business activities. (b) Each renewal permit application shall contain a certificate of inspection of updated inventory list, along with serial numbers or equivalent identification, as set forth in subsections (d) and (e) below, of the gaming machines that the permit holder intends to put into operation when the game room begins its business activities under the renewal license. (c) Before a new gaming machine is put into operation at the game room, the permit holder shall update the inventory list and register the gaming machine with the City and pay all taxes and regulatory license fees as required. Changes or additions to the inventory list submitted separately from the initial application are subject to the regulatory enforcement license fee listed in section 6.10.025, Fee Schedule. (d) Upon review of the inventory of machines under subsections (a), (b) and (c) above, the City of Beaumont 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 and shall match the Texas Comptroller issued identification number displayed on the machine as indicated on the submitted inventory list as described under subsection (a). 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. (e) The inventory of machines under subsections (a), (b) and (c) 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. (f) A penalty as listed in section 6.10.032 will be assessed against each unregistered machine found to be in operation at a game room. Sec. 6.10.005 Site Plan Required. (a) A 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 site plan must include the following details: (1) Overall view of the property; (2) Parking spaces for the location; (3) Floor plan of building(s); (4) Location of gaming machine(s); and (5) Location of windows and doors. Sec. 6.10.006 Certificate of Occupancy Required. (a) It shall be unlawful to operate any game room located within the City unless the certificate of occupancy issued for that site is posted at or near the principal public entrance to the game room in such a manner that it will be conspicuous to patrons who enter the game room. (b) All associated laws, ordinances and adopted codes shall apply to obtaining said certificate of occupancy. Sec. 6.10.007 Initial Application and Renewal Application Requirements. (a) A permit issued under this Article does not vest any property rights in the applicant or permit holder; except to display, exhibit or maintain for public patronage the use of any gaming machines in accordance with the terms and conditions of this Article. (b) A permit is non -transferable and non-refundable. (c) A permit shall be issued for a twelve (12) month term beginning on the date of issuance. (d) 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 section 37.10 of the Texas Penal Code (tampering with governmental records), a third-degree felony. (e) An application for permit shall be made by the intended game room owner(s) of the game room. (f) Prior to application of a gaming permit, a gaming locate form shall be submitted to the City in a form prescribed by the Game Room Permit Administrator for each proposed location to ensure distancing requirements are met in accordance with section 6.10.021 and collect fees as listed in section 6.10.025, Fee Schedule. (g) The gaming permit application must be submitted with the following: (1) A copy of a certificate of occupancy issued by the Chief Building Official of the City for the proposed game room; (2) A list of game room owner(s) and operators with fingerprint reports of the game room owner(s) and operators of the proposed game room; (3) Name, address and telephone number of the game room owner(s) and operators, including the trade name by which owner(s) and operators does business and the street address of the proposed game room, and, if incorporated, the name registered with the Secretary of State; (4) In the case of corporate ownership, a copy of the certificate of incorporation; (5) 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; (6) An inventory list, along with serial numbers or equivalent identification, as set forth in subsections 6,10.004 (d) and (e), of the machines that the permit holder intends to put into operation when the game room begins its business activities; (7) A game room permit shall not be issued to the applicant unless the applicant acknowledges the following statement in the application: i. I am applying for a permit to operate a game room. I have actual knowledge of the operation of a game room. I acknowledge that any person operating a game room under this permit will do so under my direction and control. I further acknowledge that I may be held criminally liable for illegal activity associated with the game room under this permit, including gambling, gambling promotion, or keeping a gambling place under Chapter 47 of the Penal Code; operating an unauthorized game room under Chapter 6 of the City Code; and other applicable penal statutes. (8) A game room permit shall not be issued to the applicant unless that application is signed by a natural person: L Who is a. The property owner or, b. If the property owner is a business organization, a natural person who attaches to the application documentary evidence demonstrating that they are authorized to sign the application on behalf of the property owner; and ii. Who signs the following acknowledgement; a. I have actual knowledge of the operation of a game room under this permit. I acknowledge that any person operating a game room under this permit will do so under my direction and control. I further acknowledge that I may be held criminally liable for illegal activity associated with the game room under this permit, including gambling, gambling promotion, or keeping a gambling place under Chapter 47 of the Penal Code; operating an unauthorized game room under Chapter 6 of the City Code; and other applicable penal statutes. (9) A site plan as set forth in section 6.10,005; (10) The application or renewal fee as listed in the fee schedule in section 6.10.025; (11) The occupation tax fee per machine as listed in the fee schedule in section 6.10.025; (12) Whether a previous permit of the game room owner(s) and operators or, if applicable, a corporate officer of the game room owner(s) and operators has ever been revoked; (13) A statement that all the facts contained in the application are true and correct; and (14) Proof of having submitted to and passed any applicable annual inspections. (h) 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 evidence), a third-degree felony. Sec. 6.10.008 The Application_ Process. (a) The application process shall commence upon the submission of a complete application, with all required attachments and the application fee, to the Game Room Permit Administrator. (b) Once a complete application has been received, the Fire Chief will conduct up to three (3) inspections of the applicant's proposed game room to ensure compliance with these regulations. The game room owner must be present, in person, during these inspections. (1) The Fire Chief shall conduct the initial inspection within twenty-one (21) days of receipt of the completed application and payment of the regulatory enforcement license fees as listed in section 6.10.025, Fee Schedule. It shall be the responsibility of the applicant to schedule all required inspections. (2) After the initial inspection, the applicant will be informed of what corrections, if any, must be made to the proposed game in order to comply with these regulations. (3) If necessary, a second inspection will be performed not less than seven (7) days no more than fourteen (14) days after the initial inspection. After this inspection, the applicant will again be informed of what corrections must be made to the proposed game room, if any, in order to comply with these regulations. (4) If necessary, a third and final inspection will be performed not less than seven (7) days no more than fourteen (14) days after the second inspection. A re -inspection fee as listed in section 6.10.025 shall be paid prior to conducting the third inspection. If, after the third and final inspection, the proposed game room fails to comply with these regulations, the Game Room Permit Administrator shall deny the application. (5) If the proposed game room passes inspection and meets all requirements of these regulations after any inspection, the Game Room Permit Administrator shall approve the application. (c) Failure to provide any information required by this section or a determination by the Game Room Permit Administrator that inaccurate, erroneous, or incomplete information has been submitted shall be grounds for denial of the application. Sec. 6.10.009 Grounds for Denial or Revocation. (a) The Game Room Permit Administrator shall refuse to approve the issuance or renewal of a permit or shall revoke a permit 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, issued to the applicant pursuant to this Article, for any reason within one (1) year; (3) The owner or operator for such permit has, within the past ten (10) years, been convicted of a crime involving moral turpitude or gambling. (b) The Game Room Permit Administrator shall not issue or renew a permit under this Article and shall suspend or revoke a permit if it is determined that the applicant or permit holder is indebted to the City for any fee, costs, penalties, or delinquent taxes at the time of application or renewal. (c) The Game Room Permit Administrator shall have the authority to deny or revoke all permits issued under this provision for any violation of this Article by giving written notice, stating the reason(s) for denial or revocation, and same shall be cancelled thirty (30) days from the date of receipt of such notice; unless the applicant resolved all violations listed in the written notice, if applicable. (d) No permit shall be issued to an applicant whose permit has been revolted within one (1) year of the revocation, except through the appeals process as described in section 6.10.010. Sec. 6.10.010 Appeal from Denial or Revocation. If the Game Room Permit Administrator denies, or refuses to approve the issuance of a permit or the renewal of a permit to an applicant, or revokes a permit issued under this Article, this action is final unless the applicant or permit holder, within ten (10) days after the receipt of written notice of the action, files a written appeal to the City Council by delivering said notice to the City Clerk setting forth specific grounds for the appeal. The City Council shall hear the appeal or select a hearing officer to preside over the appeal hearing. The City Council or hearing officer shall within fourteen (14) days of the notice of appeal, grant a hearing to consider the action. The City Council and hearing officer have the authority to sustain, reverse, or modify the action appealed. The decision of either the City Council or hearing officer is final. Sec. 6.10.011 Transfer of Permit. A permit issued under the provisions of this Article shall be specific to the site and personal to the applicant thereof and shall not be transferable or assignable. Sec. 6.10.012 Replacement Permits or Decals. (a) A replacement permit shall be issued to the original applicant for one lost, destroyed, or mutilated after an application is submitted with the fee listed in section 6.10,025, Fee Schedule to the Game Room Permit Administrator 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. 6.10.013 Occupation Tax. (a) 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 machines 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 (114) 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 fifteen dollars ($15.00), listed in section 6.10.025, Fee Schedule. (b) Since the tax is payable in advance on an annual calendar year basis, the following pro rata tax rate schedule will be applicable to a gaming machine which is first exhibited or displayed for a commercial use within the City during any quarter of the calendar year: (1) First quarter: January 1 to March 31 — an amount equal to the applicable local annual occupation tax; (2) Second quarter: April 1 to June 30 — an amount equal to three-quarters (3/4) of the applicable local annual occupation tax; (3) Third quarter: July 1 to September 30 — an amount equal to one-half (1/2) of the applicable local annual occupation tax; and (4) Fourth quarter: October 1 to December 31 — an amount equal to one - quarter (1/4) of the applicable local annual occupation tax. (c) In computing any tax payable under the aforesaid pro rata tax schedule, amounts calculated thereunder shall be rounded to the next higher full cent amount as required. Division 3. Inspections Sec. 6.10.014 Inspections, Compliance. (a) The game room shall conform to all locally adopted ordinances and comply with all federal, state, and local ordinances and regulations relevant to the operation of a game room or gaming machine. (b) The Fire Chief, the Chief Building Official, all law enforcement, and all code enforcement officials shall have the right to immediately access to the area of the game room where gaming machines are located at any time during normal business hours or when the site is occupied for the purpose of inspecting said game room and enforcement of the terms of this Article and state law. (c) A game room owner, operators, or any person who does not allow immediate access to the area of the game room where gaming machines are located to officials for the purpose of inspection or enforcement commits an offense under this article. Sec. 6.10.015 Fire and Life Safety. (a) A game room shall provide doors that are readily accessible without the use of a key, buzzer, or special knowledge or effort, during business hours or any other hours of operation. (b) A game room or commercial establishment shall comply with all Building and Fire Codes, and shall pay any court -approved fees associated with a fire and life safety inspection, plan review, occupancy load calculation, or complaint. (c) All Building and Fire Code regulations will be strictly enforced and game rooms shall provide the Fire Chief with immediate access to the premises at all times. Sec. 6.10.016 Operating Hours of Gaming Machines. (a) It shall be the duty of the game room owner, permit holder and operators of a game room to ensure compliance with this subsection. The owner, permit holder and operators of a game room are liable for compliance with this subsection. (b) A game room shall operate only between the hours of 9:00 a.m. and 10:00 p.m. Monday through Sunday. Outside of operating hours, all gaming machines located at a game room must be made physically inaccessible to the public and unusable from 10:00 p.m. to 9:00 a.m. Each hour and/or portion of an hour that a gaming machine is accessible and operational during prohibited hours is a separate violation. (c) Accessory gaming shall operate only between the hours of 9 a.m. and 10:00 p.m. Monday through Sunday. Outside of operating hours, the machines must be made inoperable from 10:00 p.m. to 9 a.m. Each hour and/or portion of an hour that a gaming machine is operational during prohibited hours is a separate violation. (d) The game room owner, permit holder and operators of a game room that operate a game room in violation of this subsection shall be assessed a penalty as listed in Sec. 6,10.031, Each hour and/or portion of an hour that a game room is operational during prohibited hours is in violation of these regulations and 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. Sec. 6.10.017_Signage_. (a) Notwithstanding section 28.04.003 of the Code of Ordinances or any other City ordinance, code or regulation to the contrary, it shall be unlawful for the operators or owner of a game room to not to clearly identify the site with a sign as required by this Article. (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 "GAME ROOM" for establishments with six (6) or more amusement redemption machines and may not include any advertisements. (d) The sign must clearly read "ACCESSORY GAMING" for establishments with five (5) or less amusement redemption machines and may not include any advertisements. Sec. 6.10.018 Transparent, Uncovered Windows Required. (a) Every game room 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 or operators of a game room 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 section 6.10.032. (b) The requirement of subsection (a) may be waived or modified by the Game Room Permit Administrator if the owner can demonstrate all of the site's gaming machines are visible upon entering the premises from the front door. Sec. 6.10.019 Security Camera System Required. (a) All game rooms must have Closed Caption Television (CCTV) camera systems and/or security monitoring system at the owner's expense, Those systems and any records or recordings made by those systems shall be stored such that they can be made available to law enforcement or City officials upon request. It shall be a violation of this section if any requested footage or other records have been deleted, recorded over, or otherwise made irretrievable by any person. The security monitoring system must be installed such that all amusement redemption machines within the building are being monitored at all times. Sec. 6.10.020 Game Room Memberships_. (a) It shall be the duty of the game room owner, permit holder and operators to ensure compliance with this subsection. (b) Game room memberships are prohibited for any purpose. (c) A game room shall not restrict entry to a game room and/or prohibit the participation in any activity inside a game room by a patron through the requirement of a game room membership. (d) Game rooms shall not issue membership cards to any individual for any purpose. (e) A person who operates a game room in violation of this subsection shall be assessed a fine as listed in section 6.10.032. Each person denied entry based on any requirement of a game room membership is considered a separate violation. Each day a violation occurs or continues to occur is considered a separate violation. (f) Any violation of this subsection is grounds for denial, revocation, or suspension of a game room permit. Sec. 6.10.021 Prohibited Locations. (a) Game rooms must comply with the City of Beaumont Zoning Regulations. (b) A game room in operation shall not be located: (1) within 600 feet from any school, child care facility, church, hospital, or residential zoning district; or (2) within a distance of 1,000 feet from an existing game room. Accessory gaming is exempt from this requirement. (c) The measurement of the distance between the place of business and an existing game room, residential zoning district, child care facility, 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 residential zoning district, child care facility, church, hospital or school property line. (d) Game rooms are exempt from these distancing restrictions upon proof that the game room location held a valid permit for the year preceding re -application. If the game room permit is suspended, revoked, denied renewal, allowed to lapse, or otherwise the game room does not have a valid permit for any period of time, then the game room will be considered a new game room and not exempt from the distancing requirements. Sec. 6.10.022 Responsibility of Permit Holder. (a) A door attendant must be present at all times during the operating hours of the facility. Accessory gaming is exempt from this requirement. (b) On -premises consumption of alcohol is prohibited at any location containing amusement redemption devices and/or skill pleasure coin operated machines. Sec. 6.10.023 Regulatory Enforcement License Fee. A game room owner shall be required to secure a regulatory enforcement license annually. A 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 section 6.10.025, Fee Schedule for each amusement redemption machine. The regulatory license fee is implemented to cover the costs to issue the permits, regulate the game rooms, and to determine whether the provisions of this Article are complied with. The annual term for all gaming machines within a game room shall have an expiration date which coincides with the gaming room permit expiration/renewal date irrespective of the gaming machine initial licensing date. (a) Any backup or replacement amusement redemption machines shall be 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 operational. The occupation tax on such back-up or replacement amusement redemption machines shall be paid annually regardless of whether such machines are used by the game rooms. Any backup or replacement amusement redemption machine must comply with section 6.10.004 and pay the regulatory enforcement license fee listed in section 6.10.025, Fee Schedule. Sec. 6.10.024 ID Badges —Game Room Owners and Operators. All game room owners and operators in a game room shall be required to secure an ID badge issued from the City annually following the completion of the required background checks as described in section 6.10.007(f)(2). ID badge fees and replacement fees are listed in section 6.10.025, Fee Schedule. Game room owner and operator ID badges shall be worn and visible at all times while operating and working in a game room, and the failure to do so is a violation subject to a fine according to the penalty schedule in section 6.10.032. An ID badge 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. 6.10,025 Fee Schedule. Fee Description Article Reference Fee Gaming Locate Form Fee 6.10.007(f) $60,00 Application fee 6.10.003(f)(2) $3000.00 Renewal fee 6.10.0030) $3000.00 Occupation tax per machine 6.10.013(a) $15.00 Replacement decals 6.10.012(a) $50.00 Regulatory enforcement license fee per machine 6.10.023; 6.10.004(c) $700.00 Re -inspection fee 6.10.008(b)(4) $150.00 Initial ID badge fee per person 6.10.024 $120.00 Replacement for lost ID badge fee 6.10.024 $100,00 Division 4. Enforcement Sec. 6.10.026 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 of this state, or the Constitution of this state. Sec. 6.10.027 Penalties. (a) It shall be the duty of all owners or operators of a game room, or other persons exercising control over a game room, a portion of a game room, to provide the Police Chief, the Fire Chief, or any 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 game room must comply with all locally adopted ordinances and comply with all federal, state, and local ordinances and regulations at the time of the submission of the application for a permit. (c) A game room owner, operator or any person who does not allow immediate access to the area of the game room where such machines were located to officials for the purpose of inspection or enforcement commits an offense. (d) A game room shall provide doors that are readily accessible without the use of a special key, special knowledge or effort during business hours or any other hours of operation. (e) It shall be unlawful for a game room owner or operator to exhibit or display, or permit to be exhibited or displayed for commercial use, any gaming machine MAIM, (1) Does not have properly attached decal evidencing payment of applicable occupation tax and machine registration; (2) Is located at any address or location other than the location listed for such machine as shown in the records of the City; or (3) Has affixed to it a decal other than the decal issued for such as shown in the records of the City. (f) Except other provided by this section, if it be shown that a person has violated this Article, upon conviction, the defendant shall be punished by a fine of not less than two hundred dollars ($200.00). (g) Upon second conviction for a violation of this Article, the defendant shall be punished by a fine of not less than five hundred dollars ($500.00). (h) 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. Sec. 6.10.028 Sealing Machine for Nonpayment; Hearings. (a) The Fire Chief shall seal, in a manner that will prevent further operation, any gaming machine upon which the tax required by this Article has not been paid or upon which the decal is not properly displayed. The game room owner or operator of any machine subject to this Article shall be required to pay a fee equal to the maximum amount permitted under §2153.453 of the Texas Occupations Code for the release of any machine sealed, as provided herein, for nonpayment of the tax or failure to properly display the decal evidencing the payment of the tax and proper registration of the machine. The current fee amount shall be five dollars ($5.00) for each sealed machine. Upon proof of payment of the occupation tax provided for in section 6.10.013 of this Article, and the release fee, the Fire Chief will remove the seal. (b) Any game room owner desiring to contest the tax, fee, or penalty owed to the City to secure the release of a sealed machine may request a hearing by delivering written notice to the City Clerk setting forth the specifics of the challenge. The City Council shall either hear the challenge or select a hearing officer to preside over the hearing. The City Council or hearing officer shall within fourteen (14) days of the notice of challenge grant a hearing to consider the action. The decision of either the City Council or hearing officer is final. Sec. 6.10.029 Penalty for Removal of Sealed Machines. It shall be unlawful to remove from the permitted site any machine that has been sealed pursuant to section 6.10.028 of this Article. Whoever removes or causes to be removed a machine that is sealed shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than $200.00. Sec, 6.10.030 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 or 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. 6.10,031 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; (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 machines is owned by, leased or rented to organizations operated exclusively for charitable, educational, religious or benevolent purposes. An organization with social or fraternal activities does not qualify; (4) The gaming machines designed for and utilized exclusively by children are expressly exempt from the tax levied in Division 2 hereof. Sec. 6.10.032 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 Article 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 Article.. Fine Range Reference Violation of operating hours, per machine, per hour 6,10.016 Not less than j and/or portion of an hour $200.00 Signage 6.10.017 Not less than $200.00 Transparent, uncovered windows required 6.10.018 Not less than j $200.00 Machine registration requirements 6.10.004 Not less than $200.00 Game Room Memberships Violation 6.10,020 Not less than $200.00 Refusal of Inspection 6A0.027 Not less than $200.00 Removal of sealed machine 6.10.029 Not less than j $200.00 No visible ID badge 6,10.024 Not less than $200.00 Second conviction of this Article 6.10.02(g) Not less than $500_.00 .. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of September, 2023. :.c NUMOM` Division 1. Generally Sec. 6.10.001 Definitions. For the purposes of this Article, the following definitions shall apply unless the context clearly indicates or requires a different meaning: Accessory Gamin. A building, facility or other place that contains five (5) or less amusement redemption machines and is considered accessory to a business with an existing certificate of occupancy on record with the Building Codes Department. Accessory gaming shall be in strict compliance with the regulations of Article 6.10 unless otherwise specified. Amusement Redemption Machines. Means any electronic, electromechanical, or mechanical contrivance designed, made, and adopted for bonafide amusement purposes that 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 (10) times the amount charged to play the game or device once, or $5.00, whichever amount is less. Applicant. The applicant is the intended owner of the game room. City. -Manage . The City Manager of the City of Beaumont or the designated representative of the City Manager. Chief Building Official. The Chief Building Official for the City of Beaumont or the designated representative of the Chief Building Official. Church. A building, in possession of a certificate of occupancy, in which persons regularly assemble for purposes of religious worship, intended primarily for purposes connected with such worship or for propagating a particular form of religious belief. Coin Operated Machine. Any kind of machine or device operated by or with a coin or other United State currency, metal slug, token, electronic card, or check including a skill or pleasure coin operated machine. Child Care Facility. An establishment that provides assessment, care, training, education, custody, treatment or supervision for a child who Is not related by blood, marriage or adoption to the owner or operator of the facility for all or part of the twenty-four (24) hour day whether or not the establishment operates for profit or charges for its services. Door Attendant. An individual who acts to regulate entry of customers or other persons into a game room. Light Liner. See gaming machine. Fire Chief. The Chief of the City of Beaumont Fire Department or the designated representative of the Chief of the Fire Department. Gaming Machine. See amusement redemption machine. Game Room. A building, facility, or other place that contains six (6) or more amusement redemption machines. Game Room Owner. An individual who: (1) Has 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 (10%) 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; or (7) Receives a certificate of occupancy for a game room. Game Room Permit Administrator. The Game Room Permit Administrator or the designated representative of the Game Room Permit Administrator. Hospital. A building, in possession of a certificate of occupancy, where the primary function is to provide medical and/or surgical treatment to sick or injured people and or otherwise defined by the Texas Occupations Code Chapter 241, Operator. 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; (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) Takes 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) A door attendant. Owner. See game room owner. Permit. A current, valid permit issued by the City Manager pursuant to the terms of this Article to an owner of a game room. Permit Holder. An individual who has been issued a valid permit pursuant to this Article. Police Chief. The Chief of Police of the City of Beaumont Police Department or the designated representative of the Chief of Police. Residential Zoning District, A zoning district which allows the use of a single-family dwelling or two- family dwelling as listed in Section 28.03.023 Permitted uses. School. A building, in possession of a certificate of occupancy, where persons regularly assemble far the purpose of instruction or education together with the playgrounds, stadia and other structures or grounds used in conjunction therewith. The terra is limited to: (1) public and private schools used for primary and/or secondary education, in which any regular kindergarten or grades one through twelve (12) classes are taught; (2) colleges and universities; and (3) special education facilities in which students who have physical or learning disabilities receive specialized education in lieu of attending regular classes in kindergarten or any grades one through twelve (12); 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 any amusement machine designated exclusively for a child. Sec. 6.10.002 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 sections 6.10.001 through 6.10.032 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 inhabitants. Division 2. Permits Sec. 6.10.003 Permit Required. (a) It shall be unlawful for any operator or owner of the game room to operate, use, or maintain a game room without first obtaining a permit from the City of Beaumont issued under the terms and conditions of this Article. (b) It shall be unlawful for any operator, permit holder or owner of the game room to operate, use, or maintain a game room located within the city unless the permit issued for that site is posted at or near the principal public entrance to the game room in such a manner that it will be conspicuous to patrons who enter the game room. (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) If there is a change in ownership or operation as delineated in subsection (a), a new application and permit will be required. Additionally, after the denial or revocation of a gaming permit, a new application will be required and is not considered to be a renewal. (e) A game room owner shall obtain a permit from the City of Beaumont, prior to operation, 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 Game Room Permit Administrator and shall contain such information as they shall require. Any failure to provide the information required by this section or a determination is made that inaccurate, erroneous or incomplete information has been submitted shall be grounds for denial of the application, (g) The proposed game room must comply with all locally adopted ordinances and comply with all federal and state statutes and regulations at the time of the submission of the application for a permit. (h) Fach application shall also be accompanied by: 11 (1) A copy of a certificate of occupancy issued by the Chief Building Official as appropriate for the proposed game room; (2) 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 (3) In the case of a game room to be operated as a corporate entity, a true and correct copy of the Texas Secretary of State corporate filing documents, bearing the file mark or stamp that evidence filing with the Texas Secretary of State. (4) Non-refundable fee(s) as listed in section 6.10.025, Fee Schedule. (i) Each application received under this section will be investigated to determine whether the permit holder, applicant, owner 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 Tex. Penal Code Ch. 47; (2) Forgery, credit card abuse or commercial bribery as described in Tex. Penal Code Ch. 32; (3) Money laundering as described in Tex. Penal Code Ch. 34; (4) Criminal attempt, conspiracy or solicitation to commit any of the foregoing offenses; or any other offense to the laws of another state or 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 Tex. Local Government Code Ch. 352, subch. B; and i. Less than two (2) years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the late date, if the conviction is of a misdemeanor offense; or ii. Less than five (5) 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. (j) A conviction, within the past ten (10) years, for an offense involving gambling and the possession of gambling paraphernalia, as defined above, shall be grounds for denial, revocation, 5 or refusal to renew such licenses because these businesses offer special opportunities for gambling activities. (k) Any failure of a proposed game room to meet ali requirements of this section shall be grounds for denial, revocation, or suspension of a game room license. (1) Each 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 sixty (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 section 6.10.025, Fee Schedule. (m) A machine that provides the possibility, probability and/or certainty of dispensing a non -cash prize, toy or novelty with a value of not more than ten (10) times the amount charged to play the game or device once, or $5,00, whichever is less at the time of play, but does not allow the player to amass or accumulate points, tokens or any other method to accumulate credits towards larger or greater value non -cash merchandise prizes, toys or novelties is exempt from the requirements of this Article. Sec. 6.10.004 Machine Registration Requirements. Gaming machines, as defined in this Article, shall be registered as follows: (a) The permit holder, game room owner or operator is required to maintain in its game room a complete inventory list, along with serial numbers or equivalent identification, as set forth in subsections (d) and (e) 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 (d) and (e) below, of the machines that the permit holder intends to put into operation when the game room begins its business activities. (b) Each renewal permit application shall contain a certificate of inspection of updated inventory list, along with serial numbers or equivalent identification, as set forth in subsections (d) and (e) below, of the gaming machines that the permit holder intends to put into operation when the game room begins its business activities under the renewal license. (c) Before a new gaming machine is put into operation at the game room, the permit holder shall update the inventory list and register the gaming machine with the city and pay all taxes and regulatory license fees as required, Changes or additions to the inventory list submitted separately from the initial application are subject to the regulatory enforcement license fee listed in section 6.10.025, Fee Schedule. (d) Upon review of the inventory of machines under subsections (a), (b) and (c) above, the City of Beaumont 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 0 affixed thereto and in plan view at all times and shall match the Texas Comptroller issued identification number displayed on the machine as indicated on the submitted inventory list as described under subsection (a). 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. (e) The inventory of machines under subsections (a), (b) and (c) 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. (f) A penalty as listed in section 6.10.032 will be assessed against each unregistered machine found to be in operation at a game room. Sec. 6.10.005 Site Plan Required. (a) A 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 site plan must include the following details: (1) Overall view of the property; (2) Parking spaces for the location; (3) Floor plan of building(s); (4) Location of gaming machine(s); and (5) Windows and doors. Sec. 6.10,006 Certificate of Occupancy Required. (a) It shall be unlawful to operate any game room located within the city unless the certificate of occupancy issued for that site is posted at or near the principal public entrance to the game room in such a manner that it will be conspicuous to patrons who enter the game room. (b) All associated laws, ordinances and adopted codes shall apply to obtaining said certificate of occupancy. Sec. 6,10.007 Initial Application and Renewal Application Requirements. (a) A permit issued under this Article does not vest any property rights in the applicant or permit holder; except to display, exhibit or maintain for public patronage the use of any gaming machines in accordance with the terms and conditions of this Article. 7 (b) A permit is non -transferable and non-refundable. (c) A permit shall be issued for a twelve (12) month term beginning on the date of issuance. (d) Any false statement made by an applicant on the application shall subject the permit to immediate suspension pending revocation and the application may be prosecuted as a violation of section 37.10 of the Texas Penal Code (tampering with governmental records), a third degree felony. (e) An application for permit shall be made by the intended game room owner of the game room. (f) Prior to application of a gaming permit, a gaming locate form shall be submitted to the city in a form prescribed by the Game Room Permit Administrator for each proposed location to ensure distancing requirements are met in accordance with section 6.10.021 and collect fees as listed in section 6.10.025, Fee Schedule. (g) The gaming permit application must be submitted with the following: (1) A copy of a certificate of occupancy issued by the Chief Building Official of the city for the proposed game room; (2) A list of game room owner(s) and operators with fingerprint reports of the game room owners and operators of the proposed game room; (3) Name, address and telephone number of the game room owner(s) and operators, including the trade name by which owner(s) and operators does business and the street address of the proposed game room, and, if incorporated, the name registered with the Secretary of State; (4) In the case of corporate ownership, a copy of the certificate of incorporation; (5) 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; (6) An inventory list, along with serial numbers or equivalent identification, as set forth In subsections 6.10.004 (d) and (e), of the machines that the permit holder intends to put into operation when the game room begins its business activities; (7) Game room permits shall not be issued to the applicant unless the application is signed by the applicant: i, I am applying for a permit on behalf of the Permittee and 1 have actual knowledge of the operation of a game room under this permit; I acknowledge that any person operating a game room under this permit will do so under my direction and control, and I further acknowledge that I may be held criminally liable for illegal activity associated with the game room under this permit, including gambling, gambling promotion, or keeping a gambling place under Chapter 47 of the Penal Code; operating an unauthorized game room under Chapter 6 of the City Code; and other applicable penal statutes. (8) Game room permits shall not be issued to the applicant unless that application is signed by a natural person: i. Who is a. The property owner or, b. If the property owner is a business organization, a natural person who attaches to the application documentary evidence demonstrating that they are authorized to sign the application on behalf of the property owner; and ii. Who signs the following acknowledgement; a. I have actual knowledge of the operation of a game room under this permit; I acknowledge that any person operating a game room under this permit will do so under my direction and control, and I further acknowledge that I may be held criminally liable for illegal activity associated with the game room under this permit, including gambling, gambling promotion, or keeping a gambling place under Chapter 47 of the Penal Code; operating an unauthorized game room under Chapter 6 of the City Code; and other applicable penal statutes. (9) A site plan as set forth in section 6.10.005; (10) The application or renewal fee as listed in fee schedule in section 6,10.025; (11) The occupation tax fee per machine as listed in the fee schedule in section 6.10.025; (12) Whether a previous permit of the game room owner(s) and operators or, if applicable, a corporate officer of the game room owner(s) and operators has ever been revoked; (13) A statement that all the facts contained in the application is true and correct; and (14)Proof of having submitted to and passed any applicable annual inspections. (h) 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 evidence), a third degree felony. Sec. 6.10.008 The Application Process, (a) The application process shall commence upon the submission of a complete application, with all required attachments and the application fee, to the Game Room Permit Administrator. (b) once a complete application has been received, the Fire Chief will conduct up to three (3) inspections of the Applicant's proposed game room to ensure compliance with these regulations. The game room owner must be present in person during these inspections. (1) The Fire Chief shall conduct the initial inspection within twenty-one (21) days of receipt of the completed application and payment of the regulatory enforcement license fees as listed in section 6.10.025, Fee Schedule. It shall be the responsibility of the permit holder to schedule all required inspections. (2) After the initial inspection, the applicant will be informed of what corrections, if any, must be made to the proposed game in order to comply with these regulations. (3) If necessary, a second inspection will be performed not less than seven (7) days nor more than fourteen (14) days after the initial inspection. After this inspection, the applicant will again be informed of what corrections must be made to the proposed game room, if any, in order to comply with these regulations. (4) If necessary, a third and final inspection will be performed not less than seven (7) days nor more than fourteen (14) days after the second inspection. A re -Inspection fee as listed in section 6.10.025 shall be paid prior to conducting the third inspection. If, after the third and final Inspection, the proposed game room fails to comply with these regulations, the Game Room Permit Administrator shall deny the application. (5) If the proposed game room passes inspection and meets all requirements of these regulations after any inspection, the Game Room Permit Administrator shall approve the application. 10 (c) Failure to provide any information required by this section or a determination by the Game Room Permit Administrator that inaccurate, erroneous, or incomplete information has been submitted shall be grounds for denial of the application. Sec. 6.10.009 Grounds for Denial or Revocation. (a) The Game Room Permit Administrator shall refuse to approve the issuance or renewal of a permit or shall revoke a permit 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 owner or operator; (3) The owner or operator for such permit has, within the past ten (10) years, been convicted of a crime involving moral turpitude or gambling. (b) The Game Room Permit Administrator shall not issue or renew a permit under this Article and shall suspend or revoke a permit if it is determined that the applicant or permit holder is indebted to the City for any fee, costs, penalties, or delinquent taxes at the time of application or renewal. (c) The Game Room Permit Administrator shall have the authority to deny or revoke all permits issued under this provision for any violation of this Article by giving written notice, stating the reason for denial or revocation, and same shall be cancelled thirty (30) days from the date of receipt of such notice unless the applicant resolved all violations listed in the written notice. (d) No permit shall be issued to an owner or operator whose permit has been revoked, except through the appeals process as described in section 6.10.010. Sec, 6.10.010 Appeal from Denial or Revocation. If the Game Room Permit Administrator denies, refuses to approve the issuance of a permit or the renewal of a permit to an applicant, or revokes a permit issued under this Article, this action is final unless the applicant or permit holder, within ten (10) days after the receipt of written notice of the action, files a written appeal to the City Council by delivering said notice to the City Clerk setting forth specific grounds for the appeal. The City Council shall hear the appeal or select a hearing officer to preside over the appeal hearing. The City Council or hearing officer shall within fourteen (14) days of the notice of appeal, grant a hearing to consider the action. The City Council and hearing officer have the authority to sustain, reverse, or modify the action appealed. The decision of either the City Council or hearing officer is final. Sec. 6.10.011. Transfer of Permit. 11 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, 6.10.012 Replacement Permits or Decals. (a) A replacement permit shall be issued to the original applicant for one lost, destroyed, or mutilated after an application is submitted with the fee listed in section 6.10.025, Fee Schedule to the Game Room Permit Administrator 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. 6.10.013 Occupation Tax. (a) 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 machines 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 (1/4) 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 fifteen dollars ($15.00), listed in section 6.10.025, Fee Schedule. (b) Since the tax is payable in advance on an annual calendar year basis, the following pro rata tax rate schedule will be applicable to a gaming machine which is first exhibited or displayed for a commercial use within the city during any quarter of the calendar year: (1) First quarter: January 1 to March 31— an amount equal to the applicable local annual occupation tax; (2) Second quarter: April 1 to June 30--- an amount equal to three-quarters (3/4) of the applicable local annual occupation tax; (3) Third quarter: July 1 to September 30 —an amount equal to one-half (1/2) of the applicable local annual occupation tax; and (4) Fourth quarter: October 1 to December 31— an amount equal to one -quarter (1/4) of the applicable local annual occupation tax. (c) In computing any tax payable under the aforesaid pro rata tax schedule, amounts calculated thereunder shall be rounded to the next higher full cent amount as required. Division 3. Inspections Sec. 6.10.014Inspections; Compliance, 12 (a) The game room shall conform to all locally adopted ordinances and comply with all federal, state, and local ordinances and regulations relevant to the operations of a game room or gaming machine. (b) The Fire Chief, the Chief Building Official, all law enforcement, and all code enforcement officials shall have the right to immediately access to the area of the game room where such machines are located at any time during normal business hours or when the site is occupied for the purpose of inspecting said game room and enforcement of the terms of this Article and state law. (c) A game room owner, operator, or any person who does not allow immediate access to the area of the game room where such machines are located to officials for the purpose of inspection or enforcement commits an offense. Sec. 6.10.015 Fire and Life Safety. (a) A game room shall provide doors that are readily accessible without the use of a key, buzzer, or special knowledge or effort, during business hours or any other hours of operation. (b) A game room or commercial establishment shall comply with all construction and fire codes, and shall pay any court -approved fees associated with a fire and life safety inspection, plan review, occupancy load calculation, or complaint. (c) All construction and fire code regulations will be strictly enforced and game rooms shall provide any Fire Safety Official with immediate access to the premises at all times. Sec. 6.10.016 Operating Hours of Gaming Machines. (a) It shall be the duty of the game room owner, permit holder and operators of a game room to ensure compliance with this subsection. The owner, permit holder and operators of a game room are liable for compliance with this subsection. (b) A game room shall operate only between the hours of 9:00 a.m. and 10:00 p.m. Monday through Sunday. Outside of operating hours, all gaming machines located at a game room must be made physically inaccessible to the public and unusable from 10:00 p.m. to 9:00 a.m. Each hour and/or portion of an hour that a gaming machine is accessible and operational during prohibited hours is a separate violation. (c) Accessory gaming shall operate only between the hours of 9 a.m. and 10:00 p.m. Monday through Sunday. Outside of operating hours, the machines must be made inoperable from 10:00 p.m. to 9 a.m. Each hour and/or portion of an hour that a gaming machine is operational during prohibited hours is a separate violation. 13 (d) The game room owner, permit holder and operators of a game room that operate a game room in violation of this subsection shall be assessed a penalty as listed in Sec. 6.10.031. Each hour and/or portion of an hour that a game room is operational during prohibited hours is in violation of these regulations and 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. Sec. 6.10.017 Signage. (a) notwithstanding section 28.04.003 of the Code of Ordinances or any other city ordinance, code or regulation to the contrary, it shall be unlawful for the operator or owner of a game room not to clearly identify the site with a sign as required by this Article. (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 "GAME ROOM" for establishments with six (6) or more amusement redemption machines and may not include any advertisements. (d) The sign must clearly read "ACCESSORY GAMING" for establishments with five (5) or less amusement redemption machines and may not include any advertisements. Sec. 6.10.018 Transparent, Uncovered Windows Required. (a) Every game room 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 or operator of a game room 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 section 6.10.032. (b) The requirement of subsection (a) may be waived or modified by the Game Room Permit Administrator if the owner can demonstrate all of the site's gaming machines or eight -liners are visible upon entering the premises from the front door. Sec. 6,10.019 Security Camera System Required. (a) All game rooms must have Closed Caption Television (CCTV) camera systems and/or security monitoring system at the owner's expense. Those systems and any records or recordings made by those systems shall be stored such that they can be made available to law enforcement or City officials upon request. It shall be a violation of this section if any requested footage or other records have been deleted, recorded over, or otherwise made irretrievable by any person. The security monitoring system must be installed such that all amusement redemption machines within the building are being monitored at all times. 14 Sec. 6.10.020 Game Room Memberships. (a) It shall be the duty of the game room owner, permit holder and operator to ensure compliance with this subsection. (b) Game room memberships are prohibited for any purpose. (c) A game room shall not restrict entry to a game room and/or prohibit the participation in any activity inside a game room by a patron through the requirement of a game room membership. (d) Game rooms shall not issue membership cards to any individual for any purpose. (e) A person who operates a game room in violation of this subsection shall be assessed a fine as listed in section 6,10.032. Each person denied entry based on any requirement of a game room membership is considered a separate violation. Each day a violation occurs or continues to occur is considered a separate violation. (f) Any violation of this subsection is grounds for denial, revocation, or suspension of a game room permit. Sec. 6.10.021 Prohibited Locations. (a) Game rooms must comply with the City of Beaumont Zoning Regulations. (b) A game room in operation shall not be located; (1) within 600 feet from any school, child care facility, church, hospital, or residential zoning district; or (2) within a distance of 1,000 feet from an existing game room. Accessory gaming is exempt from this requirement. (c) The measurement of the distance between the place of business and an existing game room, residential zoning district, child care facility, 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 residential zoning district, child care facility, church, hospital or school property line. (d) Game rooms are exempt from these distancing restrictions upon proof that the game room location held a valid permit for the year preceding re -application. If the game room permit is suspended, revoked, denied renewal, allowed to lapse, or otherwise the game room does not have a valid permit for any period of time, then the game room will be considered a new game room and not exempt from the distancing requirements. 15 Sec. 6.10.022 Responsibility of Permit Holder. (a) A door attendant must be present at all times during the operating hours of the facility. Accessory gaming is exempt from this requirement. (b) On -premises consumption of alcohol is prohibited at any location containing amusement redemption devices and/or skill pleasure coin operated machines. Sec. 6.10.023 Regulatory Enforcement License Fee. A game room owner shall be required to secure a regulatory enforcement license annually. A 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 section 6.10.025, Fee Schedule for each amusement redemption machine. The regulatory license fee is implemented to cover the costs to issue the permits, regulate the game rooms, and to determine whether the provisions of this Article are complied with. The annual term for all gaming machines within a game room shall have an expiration date which coincides with the gaming room permit expiration/renewal date irrespective of the gaming machine initial licensing date. (a) Any back-up or replacement amusement redemption machines shall be 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 operational. The occupation tax on such back-up or replacement amusement redemption machines shall be paid annually regardless of whether such machines are used by the game rooms. Any back-up or replacement amusement redemption machine must comply with section 6.10.004 and pay the regulatory enforcement license fee listed in section 6.10.025, Fee Schedule. Sec. 6.10.024 ID Badges --Game Roam Owners and Operators. All game room owners and operators in a game room shall be required to secure an ID badge issued from the city annually following the completion of the required background checks as described in section 6.10.007(f)(2). ID badge fees and replacement fees are listed in section 6.10.025, Fee Schedule. Game room owner and operator ID badges shall be worn and visible at all times while operating and working in a game room, and the failure to do so is a violation subject to a fine according to the penalty schedule in section 6.10.032. An ID badge 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. 6.10.025 Fee Schedule. Fee Description Article Reference Fee Gaming Locate Form Fee 6.10.007(f) $60.00 Application fee 6.10.003(f)(2) $3000.00 Renewal fee 6.10.003(j) $3000.00 Occupation tax per machine 6.10.013(a) $15.00 Replacement decals 6.10.012(a) $50.00 16 Regulatory enforcement license fee per machine 6.10.023; 6.10.004(c) $700.00 Re -inspection fee 6.10.008(b)(4) $150.00 Initial ID badge fee per person 6.10.024. $120.00 Replacement for lost ID badge fee 6.10.024 $100.o0 Division 4. Enforcement Sec. 6.10.026 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 of this state, or the Constitution of this state. Sec. 6.10.027 Penalties. (a) It shall be the duty of all owners or operators 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, fire life safety 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 game room must comply with all locally adopted ordinances and comply with all federal, state, and local ordinances and regulations at the time of the submission of the application for a permit. (c) A game room owner, operator or any person who does not allow immediate access to the area of the game room where such machines were located to officials for the purpose of inspection or enforcement commits an offense. See penalty fees listed in section 6.10.032, (d) A game room shall provide doors that are readily accessible without the use of a special key, special knowledge or effort during business hours or any other hours of operation. (e) it shall be unlawful for a game room owner or operator to exhibit or display, or permit to be exhibited or displayed for commercial use, any gaming machine which: (1) Does not have properly attached decal evidencing payment of applicable occupation tax and machine registration; (2) Is located at any address or location other than the location listed for such machine as shown in the records of the City; or (3) Has affixed to it a decal other than the decal issued for such as shown in the records of the City. 17 (f) Except other provided by this section, if it be shown that a person has violated this Article, upon conviction, the defendant shall be punished by a fine of not less than two hundred dollars ($200.00). (g) Upon second conviction for a violation of this Article, the defendant shall be punished by a fine of not less than five hundred dollars ($500.00). (h) 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. Sec. 6.10.028 Sealing Machine for Nonpayment; Hearings. (a) The Fire Chief shall seal, in a manner that will prevent further operation, any gaming machine upon which the tax required by this Article has not been paid or upon which the decal is not properly displayed. The game room owner or operator of any machine subject to this Article shall be required to pay a fee equal to the maximum amount permitted under §2153,453 of the Texas Occupations Code for the release of any machine sealed, as provided herein, for nonpayment of the tax or failure to properly display the decal evidencing the payment of the tax and proper registration of the machine. The current fee amount shall be five dollars ($5.00) for each sealed machine. Upon proof of payment of the occupation tax provided for in section 6.10.013 of this Article, and the release fee, the Fire Chief will remove the seal. (b) Any game room owner desiring to contest the tax, fee, or penalty owed to the City to secure the release of a sealed machine may request a hearing by delivering written notice to the City Clerk setting forth the specifics of the challenge. The City Council shall either hear the challenge or select a hearing officer to preside over the hearing. The City Council or hearing officer shall within fourteen (14) days of the notice of challenge grant a hearing to consider the action. The decision of either the City Council or hearing officer is final. Sec. 6.10,029 Penalty for Removal of Sealed Machines. It shall be unlawful to remove from the permitted site any machine that has been It shall be unlawful to remove from the permitted site any machine that has been sealed pursuant to section 6.10.028 of this Article. Whoever removes or causes to be removed a machine that is sealed shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than $100.00. Sec. 6.10.030 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 or violation. 18 (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. 6.10.031 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; (2) The gaming machine has been altered in such a way that it no longer functions as a coln- operated machine and is not patronized for the purpose of winning cash or cash value prizes; or (3) The gaming machines is owned by, leased or rented to organizations operated exclusively for charitable, educational, religious or benevolent purposes. An organization with social or fraternal activities does not qualify; (4) The gaming machines designed for and utilized exclusively by children are expressly exempt from the tax levied in Division 2 hereof. Sec. 6.10.032 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 Article Fine lunge Reference .'. Violation of operating hours, per machine, per hour and/or 6,10.016 Not less than portion of an hour 1 1 $200 19 Signage 6.10.017 Not less than $200 Transparent, uncovered windows required 6.10.018 Not less than $200 Machine registration requirements 6.10.004 Not less than $200 Game Room Memberships Violation 6.10.020 Not less than $200 Refusal of Inspection 6.10,027 Not less than $200 Removal of sealed machine 6.10.029 Not less than $200 No visible ID badge 6.10.024 Not less than $200 Second conviction of this Article 6.10,02(g) Not less than $500 20