§ 18-400. Definitions.

In this article:

Amusement redemption machine means:

(1)

A skill or pleasure coin-operated machine that is designed, made and adapted solely for bona fide amusement purposes, and that by operation of chance or a combination of skill and chance, affords the user, in addition to any right of replay, an opportunity to receive exclusively noncash merchandise prizes, toys, novelties, or a representation of value redeemable for those items;

(2)

Any electronic, electromechanical, or mechanical contrivance designed, made and adapted solely for bona fide amusement purposes if the contrivance rewards the player exclusively with noncash merchandise, prizes, or novelties, or a representation of value redeemable for those items, that have a wholesale value available from a single play of the game or device of not more than ten times the amount charged to play the game or device once or $5.00, whichever is less.

Amusement redemption machine game room means any establishment where five or more amusement redemption machines, with the exception of excluded machines, are displayed or exhibited for public use.

Coin-operated machine means and includes every machine or device of any kind or character which is operated by or with coins, metal slugs, tokens, or checks. Music coin-operated machines and skill or pleasure coin-operated machines, as defined in this section, shall be included in such term.

Excluded machines. An amusement redemption machine game room does not include:

(1)

A machine that awards the user noncash merchandise prizes, toys, or novelties, solely and direct from the machine, including claw, crane, or similar machines; nor

(2)

A machine from which the opportunity to receive noncash merchandise prizes, toys, or novelties, or a representation of value redeemable for those items, varies depending upon the user's ability to throw, roll, flip, toss, hit, or drop a ball or other physical object into the machine or a part thereof, including basketball, skeet ball, golf, bowling, pusher, or similar machines; nor

(3)

A machine or any device defined in Tex. Penal Code § 47.01, as a gambling device, or any activity prohibited or described in Tex. Penal Code ch. 47.

Music coin-operated machine means and includes every coin-operated machine of any kind or character which dispenses or vends or which is used for dispensing or vending music and which is operated by or with coins, metal slugs, tokens or checks. The following are expressly included within this term: Phonographs, pianos, graphophones, and all other coin-operated machines which dispense or vend music.

Operator means and includes any person who exhibits, displays, or permits to be exhibited or displayed, in a place of business other than his own, any coin-operated machine in this city.

Owner means and includes any person owning or having the care, control, management, or possession of any coin-operated machine in this city.

Representation of value means cash paid under authority of sweepstakes contests as provided in the Tex. Business and Commerce Code, ch. 43(B), or a gift certificate or gift card that is presented to a merchant in exchange for merchandise.

Service coin-operated machine means every pay toilet, pay telephone, and all other machines or devices which dispense service only and not merchandise, music, skill, or pleasure.

Skill or pleasure coin-operated machine means and includes every coin-operated machine, of any kind or character whatsoever, when the machines dispense or are used or are capable of being used or operated for amusement or pleasure, or when the machines are operated for the purpose of dispensing or affording skill or pleasure, or for any other purpose other than the dispensing or vending of merchandise or music or service exclusively as those terms are defined in this section. The following are expressly included within this term: Marble machines, marble table machines, marble shooting machines, miniature racetrack machines, miniature football machines, miniature golf machines, miniature bowling machines, and all other coin-operated machines which dispense or afford skill or pleasure. Every machine or device of any kind or character which dispenses or vends merchandise, commodities or confections, or plays music in connection with or in addition to these games or dispensing of skill or pleasure shall be considered as skill or pleasure machines and taxed at the higher rate fixed to these machines.

(Ord. No. 1011, § 1, 4-24-2012)