Texas 2009 - 81st Regular

Texas House Bill HB4513 Compare Versions

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1	1	By: Coleman H.B. No. 4513
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the licensing and regulation of amusement redemption
7	7	machines at certain locations; providing criminal penalties.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Chapter 2153, Occupations Code, is amended by
10	10	adding Subchapter K to read as follows:
11	11	SUBCHAPTER K. LOCATION LICENSE FOR OPERATION OF AMUSEMENT
12	12	REDEMPTION MACHINES
13	13	Sec. 2153.501. APPLICABILITY. Unless otherwise provided,
14	14	the provisions of this chapter governing licenses and registration
15	15	certificates, including penalties and enforcement provisions,
16	16	apply to a location license issued under this subchapter.
17	17	Sec. 2153.502. DEFINITIONS. For purposes of this
18	18	subchapter:
19	19	(1) "Amusement redemption machine" means a
20	20	contrivance described by Section 47.01(4)(B), Penal Code.
21	21	(2) "Operate" includes displaying, exhibiting, or
22	22	placing in service.
23	23	(3) "Operator" means a person who owns, or if the
24	24	premises are rented or leased, the person who rents or leases the
25	25	premises on which more than ten amusement redemption machines are
26	26	operated.
27	27	(4) "Premises" means the area under a common roof or
28	28	over a common foundation.
29	29	Sec. 2153.503. LOCATION LICENSE. (a) No more than ten
30	30	amusement redemption machines may be operated on a particular
31	31	premises unless the operator holds a location license issued under
32	32	this subchapter for the premises.
33	33	(b) Notwithstanding Section 2153.008, an operator must hold
34	34	a location license in addition to any other license or registration
35	35	certificate the operator is required to hold under this chapter.
36	36	(c) An applicant for a location license must file with the
37	37	comptroller an application that includes:
38	38	(1) the name and address of the applicant;
39	39	(2) the physical address, including the county, of the
40	40	premises at which the amusement redemption machines will be
41	41	operated;
42	42	(3) the name and address of the owner of the premises
43	43	at which the amusement redemption machines will be operated;
44	44	(4) the name and address of the person who rents or
45	45	leases the premises to the applicant, if applicable;
46	46	(5) the amount of rent paid or other consideration
47	47	given, directly or indirectly, to the owner, lessor, or landlord of
48	48	the premises, if applicable;
49	49	(6) the number of amusement redemption machines to be
50	50	operated on the premises;
51	51	(7) a statement indicating whether the amusement
52	52	redemption machines to be operated on the premises will be owned,
53	53	leased, or rented by the applicant;
54	54	(8) if the amusement redemption machines will be
55	55	leased or rented, the name, address, and general business license
56	56	number of the person who owns the amusement redemption machines;
57	57	(9) a written certification that the amusement
58	58	redemption machines to be operated on the premises will be operated
59	59	in accordance with Section 47.01(4)(B), Penal Code;
60	60	(10) a financial interest statement that includes the
61	61	name and residence address of any person, other than a person
62	62	disclosed under Subdivision (8), who has a financial interest in
63	63	the operation of the machines on the premises, including the
64	64	nature, type, and extent of the financial interest; and
65	65	(11) a statement that the information contained in the
66	66	application is true and correct.
67	67	(d) A person who submits an application for a location
68	68	license consents to an inspection of the licensed premises by the
69	69	comptroller or a peace officer at any time during the location's
70	70	hours of operation to ensure compliance with this subchapter.
71	71	(e) The comptroller may not issue a location license to an
72	72	applicant unless the applicant certifies in writing that the
73	73	amusement redemption machines to be operated on the premises will
74	74	be operated in accordance with Section 47.01(4)(B), Penal Code.
75	75	The issuance of a location license by the comptroller does not
76	76	constitute an official opinion or judgment by the comptroller that
77	77	an amusement redemption machine operated on the premises of a
78	78	location license holder is being operated in accordance with
79	79	Section 47.01(4)(B), Penal Code.
80	80	Sec. 2153.504. FEES. (a) The annual license fee for each
81	81	location license is $500.
82	82	(b) An application for a location license must be
83	83	accompanied by a nonrefundable application fee in the form of a
84	84	cashier's check, money order, personal check, or other method of
85	85	payment authorized by the comptroller in an amount equal to the
86	86	annual location license fee.
87	87	Sec. 2153.505. REQUIRED LOCATION FOR LICENSE HOLDER
88	88	RECORDS. (a) A location license holder shall, at all times,
89	89	prominently display the holder's license at the licensed premises.
90	90	(b) A location license holder shall maintain, on the
91	91	licensed premises, a record of each amusement redemption machine
92	92	located on the premises to which the location license applies,
93	93	including:
94	94	(1) the make, type, and serial number of the machine;
95	95	(2) the date the machine was placed in operation on the
96	96	premises to which the location license applies;
97	97	(3) the date of the most recent registration of the
98	98	machine; and
99	99	(4) if the machine is owned by the license holder, any
100	100	change in ownership of the machine.
101	101	(c) The location license holder must allow the comptroller
102	102	or a peace officer to enter and inspect the licensed premises at any
103	103	time during hours of operation to ensure compliance with this
104	104	subchapter.
105	105	Sec. 2153.506. MANDATORY DENIAL OR REVOCATION OF LOCATION
106	106	LICENSE. (a) The comptroller may not issue a location license if
107	107	the comptroller finds that the license applicant or any person
108	108	required to be listed on the financial interest statement under
109	109	Section 2153.503(c)(10):
110	110	(1) is prohibited from holding a general business
111	111	license under Section 2153.302; or
112	112	(2) has been convicted of an offense under Section
113	113	47.06, Penal Code.
114	114	(b) The comptroller may not issue or renew a location
115	115	license if the applicant fails to comply with Section 2153.505.
116	116	(c) The comptroller shall revoke the location license of a
117	117	license holder who refuses to allow the comptroller or a peace
118	118	officer to enter or inspect the licensed premises as required by
119	119	this subchapter. The comptroller may not issue a location license
120	120	to a person who has had a location license revoked under this
121	121	subsection.
122	122	Sec. 2153.507. INFORMATION FROM LOCATION LICENSE
123	123	APPLICATION. (a) Notwithstanding Section 2153.101 and following
124	124	the issuance of a location license under this subchapter, the
125	125	following information in the location license application is a
126	126	public record and must be posted on the comptroller's Internet
127	127	website not later than the 10th business day after the date the
128	128	location license is issued:
129	129	(1) the location license number;
130	130	(2) the name of the location license holder;
131	131	(3) the physical address, including the county, of the
132	132	premises designated in the location license;
133	133	(4) the names of any person included in the financial
134	134	interest statement required under Section 2153.503(c)(10); and
135	135	(5) the number of amusement redemption machines
136	136	operated on the licensed premises.
137	137	(b) The comptroller shall provide a method to allow a
138	138	visitor to the comptroller's Internet website to retrieve by county
139	139	or municipality the license information posted under Subsection
140	140	(a).
141	141	Sec. 2153.508. CRIMINAL PENALTY. (a) A person commits an
142	142	offense if the person:
143	143	(1) knowingly operates or allows the operation of more
144	144	than 10 amusement redemption machines on premises for which a
145	145	location license is not in effect; or
146	146	(2) fails to display a location license or maintain
147	147	the records as required by Section 2153.505.
148	148	(b) An offense under this section is a Class A misdemeanor,
149	149	except that a second or subsequent offense under this section is a
150	150	state jail felony.
151	151	(c) It is presumed that an operator intended to commit an
152	152	offense under this section if:
153	153	(1) more than 10 amusement redemption machines are
154	154	operated on premises for which a location license is not
155	155	prominently displayed;
156	156	(2) an amusement redemption machine operated on the
157	157	premises is not included in the records maintained under Section
158	158	2153.505(b); or
159	159	(3) the records required under Section 2153.505(b) are
160	160	not available for inspection by the comptroller or a peace officer
161	161	during the hours of operation of the premises.
162	162	SECTION 2. Section 2153.153, Occupations Code, is amended
163	163	by adding Subsection (a-1) to read as follows:
164	164	(a-1) In addition to the information prescribed by
165	165	Subsection (a), an application for a general business, import, or
166	166	repair license must include a statement indicating whether a
167	167	machine associated with the application is an amusement redemption
168	168	machine.
169	169	SECTION 3. This Act takes effect September 1, 2009.