Texas 2013 - 83rd Regular

Texas Senate Bill SB1503 Compare Versions

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1	1	By: Lucio S.B. No. 1503
2	2	(In the Senate - Filed March 7, 2013; March 19, 2013, read
3	3	first time and referred to Committee on State Affairs;
4	4	April 29, 2013, reported favorably by the following vote: Yeas 5,
5	5	Nays 2; April 29, 2013, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to the licensing and regulation of amusement redemption
11	11	machines at certain locations; providing penalties.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Chapter 2153, Occupations Code, is amended by
14	14	adding Subchapter K to read as follows:
15	15	SUBCHAPTER K. LOCATION LICENSE FOR OPERATION OF AMUSEMENT
16	16	REDEMPTION MACHINES
17	17	Sec. 2153.501. APPLICABILITY. Unless otherwise provided,
18	18	the provisions of this chapter governing licenses and registration
19	19	certificates, including penalties and enforcement provisions,
20	20	apply to a location license issued under this subchapter.
21	21	Sec. 2153.502. DEFINITIONS. For purposes of this
22	22	subchapter:
23	23	(1) "Amusement redemption machine" means a
24	24	contrivance described by Section 47.01(4)(B), Penal Code.
25	25	(2) "Operate" includes displaying, exhibiting, or
26	26	placing in service.
27	27	(3) "Operator" means a person who owns or, if the
28	28	premises are rented or leased, the person who rents or leases the
29	29	premises on which more than 10 amusement redemption machines are
30	30	operated.
31	31	(4) "Premises" means the area under a common roof or
32	32	over a common foundation.
33	33	Sec. 2153.503. LOCATION LICENSE. (a) No more than 10
34	34	amusement redemption machines may be operated on a particular
35	35	premises unless the operator holds a location license issued under
36	36	this subchapter for the premises.
37	37	(b) Notwithstanding Section 2153.008, an operator must hold
38	38	a location license in addition to any other license or registration
39	39	certificate the operator is required to hold under this chapter.
40	40	(c) An applicant for a location license must file with the
41	41	comptroller an application that includes:
42	42	(1) the name and address of the applicant;
43	43	(2) the physical address, including the county, of the
44	44	premises at which the amusement redemption machines will be
45	45	operated;
46	46	(3) the name and address of the owner of the premises
47	47	at which the amusement redemption machines will be operated;
48	48	(4) the name and address of the person who rents or
49	49	leases the premises to the applicant, if applicable;
50	50	(5) the amount of rent paid or other consideration
51	51	given, directly or indirectly, to the owner, lessor, or landlord of
52	52	the premises, if applicable;
53	53	(6) the number of amusement redemption machines to be
54	54	operated on the premises;
55	55	(7) a statement indicating whether the amusement
56	56	redemption machines to be operated on the premises will be owned,
57	57	leased, or rented by the applicant;
58	58	(8) if the amusement redemption machines will be
59	59	leased or rented, the name, address, and general business license
60	60	number of the person who owns the amusement redemption machines;
61	61	(9) a written certification that the amusement
62	62	redemption machines to be operated on the premises will be operated
63	63	in accordance with Section 47.01(4)(B), Penal Code;
64	64	(10) a financial interest statement that includes the
65	65	name and residence address of any person, other than a person
66	66	disclosed under Subdivision (8), who has a financial interest in
67	67	the operation of the machines on the premises, including the
68	68	nature, type, and extent of the financial interest; and
69	69	(11) a statement that the information contained in the
70	70	application is true and correct.
71	71	(d) A person who submits an application for a location
72	72	license consents to an inspection of the licensed premises by the
73	73	comptroller or a peace officer at any time during the location's
74	74	hours of operation to ensure compliance with this subchapter.
75	75	(e) The comptroller may not issue a location license to an
76	76	applicant unless the applicant certifies in writing that the
77	77	amusement redemption machines to be operated on the premises will
78	78	be operated in accordance with Section 47.01(4)(B), Penal Code.
79	79	The issuance of a location license by the comptroller does not
80	80	constitute an official opinion or judgment by the comptroller that
81	81	an amusement redemption machine operated on the premises of a
82	82	location license holder is being operated in accordance with
83	83	Section 47.01(4)(B), Penal Code.
84	84	Sec. 2153.504. FEES. (a) The annual license fee for each
85	85	location license is $500.
86	86	(b) An application for a location license must be
87	87	accompanied by a nonrefundable application fee in the form of a
88	88	cashier's check, money order, personal check, or other method of
89	89	payment authorized by the comptroller in an amount equal to the
90	90	annual location license fee.
91	91	Sec. 2153.505. REQUIRED LOCATION FOR LICENSE HOLDER
92	92	RECORDS. (a) A location license holder shall, at all times,
93	93	prominently display the holder's license at the licensed premises.
94	94	(b) A location license holder shall maintain, on the
95	95	licensed premises, a record of each amusement redemption machine
96	96	located on the premises to which the location license applies,
97	97	including:
98	98	(1) the make, type, and serial number of the machine;
99	99	(2) the date the machine was placed in operation on the
100	100	premises to which the location license applies;
101	101	(3) the date of the most recent registration of the
102	102	machine; and
103	103	(4) if the machine is owned by the license holder, any
104	104	change in ownership of the machine.
105	105	(c) The location license holder must allow the comptroller
106	106	or a peace officer to enter and inspect the licensed premises at any
107	107	time during hours of operation to ensure compliance with this
108	108	subchapter.
109	109	Sec. 2153.506. MANDATORY DENIAL OR REVOCATION OF LOCATION
110	110	LICENSE. (a) The comptroller may not issue a location license if
111	111	the comptroller finds that the license applicant or any person
112	112	required to be listed on the financial interest statement under
113	113	Section 2153.503(c)(10):
114	114	(1) is prohibited from holding a general business
115	115	license under Section 2153.302; or
116	116	(2) has been convicted of an offense under Section
117	117	47.06, Penal Code.
118	118	(b) The comptroller may not issue or renew a location
119	119	license if the applicant fails to comply with Section 2153.505.
120	120	(c) The comptroller shall revoke the location license of a
121	121	license holder who refuses to allow the comptroller or a peace
122	122	officer to enter or inspect the licensed premises as required by
123	123	this subchapter. The comptroller may not issue a location license
124	124	to a person who has had a location license revoked under this
125	125	subsection.
126	126	Sec. 2153.507. INFORMATION FROM LOCATION LICENSE
127	127	APPLICATION. (a) Notwithstanding Section 2153.101 and following
128	128	the issuance of a location license under this subchapter, the
129	129	following information in the location license application is a
130	130	public record and must be posted on the comptroller's Internet
131	131	website not later than the 10th business day after the date the
132	132	location license is issued:
133	133	(1) the location license number;
134	134	(2) the name of the location license holder;
135	135	(3) the physical address, including the county, of the
136	136	premises designated in the location license;
137	137	(4) the names of any person included in the financial
138	138	interest statement required under Section 2153.503(c)(10); and
139	139	(5) the number of amusement redemption machines
140	140	operated on the licensed premises.
141	141	(b) The comptroller shall provide a method to allow a
142	142	visitor to the comptroller's Internet website to retrieve by county
143	143	or municipality the license information posted under Subsection
144	144	(a).
145	145	Sec. 2153.508. CIVIL PENALTY. (a) A person commits a
146	146	violation if the person:
147	147	(1) knowingly operates or allows the operation of more
148	148	than 10 amusement redemption machines on premises for which a
149	149	location license is not in effect; or
150	150	(2) fails to display a location license or maintain
151	151	the records as required by Section 2153.505.
152	152	(b) The comptroller may assess a civil penalty against a
153	153	person who violates this subchapter. The amount of the penalty for
154	154	each unregistered amusement redemption machine in excess of 10
155	155	unregistered machines in violation of this subchapter is as
156	156	follows:
157	157	(1) for a first violation, $500 for each unregistered
158	158	machine; and
159	159	(2) for a second or subsequent violation, $1,000 for
160	160	each unregistered machine.
161	161	(c) It is presumed that an operator intended to commit a
162	162	violation under this section if:
163	163	(1) more than 10 amusement redemption machines are
164	164	operated on premises for which a location license is not
165	165	prominently displayed;
166	166	(2) an amusement redemption machine operated on the
167	167	premises is not included in the records maintained under Section
168	168	2153.505(b); or
169	169	(3) the records required under Section 2153.505(b) are
170	170	not available for inspection by the comptroller or a peace officer
171	171	during the hours of operation of the premises.
172	172	SECTION 2. Section 2153.153, Occupations Code, is amended
173	173	by adding Subsection (a-1) to read as follows:
174	174	(a-1) In addition to the information prescribed by
175	175	Subsection (a), an application for a general business, import, or
176	176	repair license must include a statement indicating whether a
177	177	machine associated with the application is an amusement redemption
178	178	machine.
179	179	SECTION 3. Section 47.01, Penal Code, is amended by adding
180	180	Subdivision (4-a) to read as follows:
181	181	(4-a) "Device" or "contrivance" means all or part of
182	182	an electronic, electromechanical, or mechanical contrivance,
183	183	machine, or apparatus.
184	184	SECTION 4. This Act takes effect September 1, 2013.
185	185	* * * * *