NUECES COUNTY GAME ROOM REGULATIONS

Date Adopted by Commissioners: __________________

Effective date: _________________
SECTION 1. GENERALLY
WHEREAS, The Legislature of the State of Texas has amended Chapter 234 of the LocalGovernment
Code, authorizing counties to regulate Game Rooms; and

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WHEREAS, Nueces County, Texas, desires to reduce the adverse secondary effects of illicit Game
Rooms, presented in hearings and reports to Nueces County Commissioners Court.

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THEREFORE, NUECES COUNTY COMMISSIONERS COURT FINDS:
Illicit Game Rooms, as a category of commercial uses, are associated with a wide variety of adverse
ra secondary effects, including but not limited to personal and property crimes, gambling offense,
weapon offense, illicit drug use and drug trafficking, negative impacts on surrounding properties,
urban blight, and litter.

2 Game Rooms should be separated from sensitive land uses to minimize their secondary effects
upon such uses. They should be separated from other Game Rooms to reduce the secondary
effects of such services and prevent an unnecessary concentration of Game Rooms in one
area.
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3 Game Rooms should have restricted hours of operation due to the increase of personal crimes
such as assaults, robberies, and homicides between 11 p.m. and 8 a.m.

4 In an apparent effort to avoid detection, Illicit Game Rooms operate in locations with
inadequate floor space and fire exits, sometimes in locked rooms, which poses a health and safety
threat to the public in the event of a fire or any other need to evacuate the premises.

5 Since most Game Room operations are inherently cash-based, those who own or operate Game
Rooms must be of good character to protect those who play the games from cheating or other
fraudulent activity, or any other form of criminal conduct as described herein.

6 Each preceding adverse secondary effect constitutes harm, which Nueces County has a
substantial government interest in preventing and diminishing. This substantial
government interest in preventing secondary effects, which is Nueces County’s rationale
for these Regulations, exists independent of any comparative analysis between legal
Nueces County Game Room Regulations - Page 1 of 24
 Game Rooms and illicit Game Rooms. Nueces County’s interest in regulating Game
Rooms extends to preventing future secondary effects of either current or future Game
Rooms located in Nueces County.

1.1 Authority to Regulate

(a) These Regulations are promulgated according to and in conformity with Chapter 234
of the Local Government Code, titled County Regulation of Businesses and
Occupations. The commissioners’ court of a county may regulate the operation of
Game Rooms to promote public health, safety, and welfare, according to Section 234.133
of the Local Government Code. A commissioner’s court may: (1) restrict the location
of game rooms to specific areas of the County, including the unincorporated area of the
County; (2) prohibit a game room located within a certain distance to a school, regular
place of religious worship or residential neighborhood; and (3) restrict the number of
game rooms that may operate in a specified area of the County.

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(b) It is the purpose of the Nueces County Commissioners Court to exercise its police
power, established under Chapter 234 of the Local Government Code, to establish

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reasonable and uniform regulation of Game Rooms, to promote public health, safety,
welfare, and to prohibit business activities that merely serve as a front for criminal
activities, including but not limited to gambling and tax evasion.
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(c) These Regulations do not legalize anything prohibited under the Texas Constitution, the
Texas Penal Code or any other law(s) or regulation(s).

1.2 Administration

(a) The Nueces County Commissioners Court hereby designates and authorizes any law
enforcement agency to investigate for violations of the Regulations. Any Peace Officers
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certified by the State of Texas may enforce these Regulations and exercise the inspection
authority described in Texas Local Government Code Section 234.136.

(b) Under Section 234.138 of the Local Government Code, as amended, a Person commits
an offense if the person intentionally or knowingly operates a Game Room in violation
of a regulation adopted under Section 234.133. An offense under this Section is a Class
A misdemeanor, also allowing prosecution under Section 234.140 and other statutes that
would be applicable.

(c) In accordance with Section 234.133 of the Local Government Code, the State of Texas
has granted the Nueces County Commissioners Court authority to promote public
safety and welfare.

(d) The Commissioners Court designates the Nueces County Sherriff as the Game Room
Permit Administrator for Nueces County. The Nueces County Sheriff shall supervise,
Nueces County Game Room Regulations - Page 2 of 24
 control, and operate the Game Room Permit Office. The Nueces County Sheriff shall
investigate, deny, issue, attach conditions to, administratively suspend, or revoke Game
Room permits pursuant to these Regulations and any applicable state law(s). The Nueces
County Sheriff may solicit the assistance of the Nueces County Clerk when performing any
of the tasks enumerated in this subsection

1.3 Area Covered by these Regulations

According to Section 234.133 of the Texas Local Government Code, the Regulations apply
to Nueces County, Texas, including the incorporated and unincorporated areas of Nueces
County, Texas.

1.4 Definitions
As used in these Regulations:

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(a) “Applicant” means an individual, proprietorship, corporation, association, or other legal

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entity required to obtain a Game Room Permit or someone who has applied for a Game
Room Permit.
(b) “Amusement Redemption Machine” means any electronic, electromechanical, or
ra mechanical contrivance designed, made, and adopted for bona fide amusement purposes
that rewards the player exclusively with noncash merchandise, prizes, toys, or novelties, or a
representation of value redeemable for those items, with a wholesale value available from a
single play of the game or device in an amount not more than 10 times the amount charged
to play the game or device once or $5, whichever amount is less.
(c) “Commissioners Court” means the Commissioners Court of Nueces County, Texas
(d) “County” means Nueces County, Texas.
(e) “County Employee” means any individual authorized by Nueces County to inspect any
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Game Room for compliance with these Regulations.
(f) “Current Annual Fire Inspection Report” means a fire inspection report issued by the
Nueces County Fire Marshal or a similar inspection by the department having competent
jurisdiction within the incorporated area of the County within ninety (90) days immediately
preceding the date of any application for the operation of a Game Room or renewal of a
Game Room permit.
(g) “Fire Safety Official” means the Nueces County Fire Marshal or the department official
having competent jurisdiction within the incorporated area of the County to conduct a fire and
life safety inspection.
(h) “Gambling Device” means any electronic, electromechanical, or mechanical contrivance
not excluded under Paragraph (B) that for a consideration affords the player an opportunity
to obtain anything of value, the award of which is determined solely or partially by chance,
even though accompanied by some skill, whether or not the prize is automatically paid by
the contrivance. The term:

Nueces County Game Room Regulations - Page 3 of 24

 A. includes, but is not limited to, gambling device versions of bingo, keno, blackjack,
lottery, roulette, video poker, or similar electronic, electromechanical, or mechanical
games, or facsimiles thereof, that operate by chance or partially so, that as a result
of the play or operation of the game award credits or free games, and that record
the number of free games or credits so awarded and the cancellation or removal of
the free games or credits; and
B. does not include 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, 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
10 times the amount charged to play the game or device once or $5, whichever is
less.
(i) “Game Machine” means
A. amusement redemption machine; or

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B. electronic, electromechanical, or mechanical contrivances that, for consideration,
afford a player the opportunity to obtain a prize or thing of value, the award of which

f is determined solely or partially by chance, regardless of whether the contrivance is

designed, made, or adopted solely for bona fide amusement purposes; or
C. “sweepstakes machines” or other devices that afford a player a chance to win a prize
ra for consideration (either payment, purchase, or donation) even if some chances are
afforded to players without making any purchase or donation.
(j) “Game Room” means a for-profit business located in a building or place that contains six
or more:
A. amusement redemption machines; or
B. electronic, electromechanical, or mechanical contrivances that, for consideration,
afford a player the opportunity to obtain a prize or thing of value, the award of
which is determined solely or partially by chance, regardless of whether the
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contrivance is designed, made, or adopted solely for bona fide amusement
purposes; or
C. “sweepstakes machines” or other devices that afford a player a chance to win a prize
for consideration (either payment, purchase, or donation) even if some chances are
afforded to players without making any purchase or donation.
(k) “Game Room Owner” means a person who
A. has an ownership interest in, or receives the profits from, a game room or an
amusement redemption machine located in a game room;
B. is a partner, director, or officer of a business, including a company or corporation,
that has an ownership interest in a game room or in an amusement redemption
machine located in a game room;
C. is a shareholder that holds more than 10 percent of the outstanding shares of a
business, including a company or corporation, that has an ownership interest in a
game room or in an amusement redemption machine located in a game room;

Nueces County Game Room Regulations - Page 4 of 24

 D. 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;
E. signs a lease for a game room;
F. opens an account for utilities for a game room;
G. receives a certificate of occupancy or certificate of compliance for a game room;
H. pays for advertising for a game room; or
I. signs an alarm permit for a game room
(l) “Game Room Permit Administrator” means the Nueces County Sherriff or the Sherriff's
designee.
(m) “Operate(s) a Game Room” means to:
1. be an Owner or Operator of a Game Room are those terms as defined by Subsection
1.4(k) and 1.4(n) of the Regulations;
2. engage in the business of operating a Game Room, including as a Game Room
Owner;
3. cause the operation of a Game Room, including as an Operator;
4. be a part of the operation of a Game Room, including as an Operator;

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5. fund the operation of a Game Room, including as a Game Room Owner;
6. have a financial interest in a Game Room, including as a Game Room Owner;
7. receive any profit from a Game Room, including as a Game Room Owner;

f 8. receive any payment from a Game Machine described in Subsection l .4(i) in a

Game Room;
9. receive any profit from a Game Machine described in 1.4(i) in a Game Room; or
ra 10. have Game Machines described in Subsection l.4(i) registered in Nueces County or
a Game Room licensed in Nueces County.
(n) “Operator” means an individual who:
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;
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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;
4. acts as a door attendant to regulate entry of customers or other persons into a game
room; or
5. supervises or manages other persons at a game room in the performance of an
activity listed in this subdivision.
(o) “Notice” is deemed effective on the date of such notice to an Applicant, permit holder, or
agent thereof is hand-delivered or posted on the front exterior door of the Game Room or
upon receipt by certified mail. If the certified letter is not signed for and not picked up
from the post office, after notice has been posted at the establishment, lack of due diligence
shall be considered notice of the letter's contents.
(p) “Peace Officer” means an individual as described in Article 2.12 of the Texas Code of
Criminal Procedure.

Nueces County Game Room Regulations - Page 5 of 24

 (q) “Person” means an Owner, Operator, individual, employee, agent, proprietorship,
corporation, association, or other legal entity.
(r) “Public Building” means a building used by Federal, State, or local government that is
open to the public.
(s) “Regulations” means these Regulations of Nueces County, Texas, for the operation of
GameRooms
(t) “School” means a facility, including all attached playgrounds, dormitories, stadiums, and
other appurtenances that are part of the facility, used for the primary purpose of instruction
or education, including primary and secondary schools, colleges, and universities, both
public and private.
(u) “Fire Marshal” means the Fire Marshal of Nueces County or the Fire Marshal’s designated
agent.
SECTION 2. GAME ROOM PERMITS
2.1 Application

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(a) It shall be unlawful for a Person to Operate a Game Room or maintain a Game Room as a
Game Room Owner or Operator in Nueces County without a permit pursuant to these
Regulations.

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(b) A complete application shall be filed with the Game Room Permit Administrator. The
ra application shall be filed on the form provided by the Game Room Permit Administrator. A
copy of the application may be obtained from the County Clerk’s website.

(1) The applicant shall be an Owner of the Game Room and shall apply in person. The
Game Room Permit Administrator shall establish the hours when an application can be
submitted.

(2) The Game Room Permit Administrator shall provide the fee schedule on any Permit
Office website with the application form. This fee shall not exceed the annual permit fee
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limit of $1,000.00 as established by the Commissioners Court. The application fee shall
be attached to the application form.

(3) Incomplete applications shall not be accepted. Once a complete application has been
submitted, the application process begins.

(4) A receipt shall be hand-delivered or sent by certified mail to the applicant within
fourteen (14) days of submitting a complete application and payment of the
application fee to the Game Room Permit Administrator. A receipt showing
payment of this application fee is NOT a Game Room permit.

(5) Once a complete application has been received, the Game Room Permit
Administrator will conduct up to three (3) inspections of the applicant’s proposed
Game Room to ensure compliance with these Regulations. The applicant must be
present in person during these inspections. Furthermore, it shall be the applicant’s
responsibility to provide an interpreter, if necessary, during these inspection(s).
Nueces County Game Room Regulations - Page 6 of 24
 i. After the initial inspection, the applicant will be informed of what corrections
must be made to the proposed Game Room to comply with these
Regulations.
ii. A re-inspection will be performed, and the applicant will again be informed of
what corrections must be made to the proposed Game Room to comply with
these Regulations.
iii. If the applicant’s proposed Game room fails to comply with these
Regulations after the third and final inspection, the Game Room Permit
Administrator shall deny the application.
iv. If the proposed Game Room passes the final inspection, the Game Room Permit
Administrator shall approve the application.
(6) The applicant has sixty (60) days from the initial inspection to complete the
inspection process. An applicant shall request an inspection conducted at the
convenience of the Permit Administrator. Failure to complete the inspection process

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within these sixty (60) days shall result in the denial of the application. The applicant
must complete the process in the requisite sixty (60) days.

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(7) Failure to provide any information required by this Section shall be grounds for
denial of the application. If the Game Room Permit Administrator determines that
inaccurate, erroneous, or incomplete information has been submitted, such a finding
ra shall be grounds for denial of the application.

(c) Each complete application shall be accompanied by:

(1) a Current Annual Fire Inspection Report from a Fire Safety Official showing
compliance with all applicable Fire Safety Codes and with all corrections ordered;
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(2) a copy of the certification of occupancy or certificate of compliance issued by the
appropriate entity for the proposed Game Room;
(3) diagram or floor plan to include designed occupancy load prepared by a licensed architect
or engineer as well as a scaled drawing that shows the view from above of the entire
property, and which indicates the size and distance between streets, compliant parking
spaces, driveways, driveway aisles, spaces, sidewalks, and ADA compliant parking spaces;
(4) a true and correct copy of the assumed name certificate filed in the office of the Nueces
County Clerk, bearing the file mark or stamp that evidences its filing, if the Game Room
will be operating under an assumed name;
(5) a copy of the formative legal documents for the applicable legal entity- e.g., the Articles
of incorporation, including proof that applicant is authorized to do businessin the state,
if the applicant is a foreign business organization;

Nueces County Game Room Regulations - Page 7 of 24

(6) a non-refundable application fee of $1,000.00 - if the applicant holds a current license
issued by the Texas Lottery Commission that included a criminal background check, the
fee is waived, and the Game Room Permit Administrator may rely upon the Lottery
Commission license in lieu of a criminal background check;
(7) a photocopy of the applicant's driver's license or government-issued photo identification;
(8) proof as required in Subsection 3.16 that the proposed Game Room is exempt from the
requirements set forth by Subsection 3.2 (Distancing)of these Regulations;
(9) the name, mailing and physical address and telephone number of the Game Room's single
financial institution of record, as required by Subsection 4.1, which will handle all
deposits and withdrawals for proceeds and expenses of the operation of the Game
Room;
(10) the intended hours of operation of the Game Room and the name, residence
addresses, and telephone numbers of the Manager or other individual to be principally

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in charge of the Game Room operation;
(11) proof as required in Subsection 3.3 that the proposed Game Room is exempt from,

for will be in compliance with, the requirements set forth by Subsection 3.3 of these
Regulations;
(12) If the Game Room Owner leases the property, the application shall also be signed
ra by the Property Owner or, if the Property Owner is a business organization, signed by
someone authorized to sign the application on behalf of the Property Owner. Further,
the Property Owner must sign the following:
“I own the property described in this application, and I have
actual knowledge of the proposed or current operation of a
Game Room on my property.”
(13) a list of all Owner(s), Operator(s), employee(s), agent(s), and any other individual(s),
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proprietorship(s), corporation(s), association(s), or other legal entity(s) acting for, or
acting on behalf of the Game Room along with a photocopy of their driver's license(s)
or government-issued identification and incorporation papers as applicable, and a brief
description of the amusement, gaming or similar business history and experience five (5)
years before the date of application for each Game Room Owner, including, but not
limited to, whether or not such individual has previously operated in this or another
County or State, whether such operation was under a license or permit, and whether the
applicant has ever had such license or permit denied, revoked, or suspended and the
reasons therefor;
(14) a copy of the State of Texas coin-operated machine occupation tax records, the State
of Texas coin-operated machine license or registration certificate, and the Nueces County
coin-operated machine occupation tax records for each machine exhibited or displayed
or permitted to be exhibited or displayed in the Game Room in a spreadsheet format.
Records shall include information detailing each machine found on the premises of the
Nueces County Game Room Regulations - Page 8 of 24
 Game Room by identifying the machine by:
i. the name of the manufacturer;
ii. the serial number;
iii. the type of machine;
iv. the State of Texas Tax stamp including the year of expiration of each tax stamp
required;
v. the Nueces County Tax Stamp including the year of expiration of each tax
stamp required; and
vi. the name of the individual(s), proprietorship(s), corporation(s), association(s),
or other legal entity(s) that owns, receives profits from and has registered the
machine in their name with Nueces County and the Texas Comptroller and a
description of their ownership and financial interest in the machine.
(15) the Game Room Applicant's Federal Employer Identification Number (EIN);
(16) a certification that none of the Owner(s), Operator(s), employee(s), agent(s), or any
other individual(s) acting for, or acting on behalf of the Game Room has been convicted

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of any offenses listed in Subsection 2.2 (b) (1) of these Regulations; and
(17) a certification that all the contents of the application and the above-presented

f materials are true and correct under the penalty of Perjury as defined under Section
37.02 of the Texas Penal Code. In addition, any misrepresentation on the application
is a third-degree felony offense as defined under Section 37.10 of the Texas Penal
ra Code.
(18) Proof of insurance as stated in Subsection 4.2.

(d) A Game Room application shall be rejected upon failure to produce all documents
required in Subsections 2.l (c), except for the exemptions listed in Subsections 2.1 (c)(8)­
(11), failure to provide the proof required by Subsection 2.l (c) (7)-(10) will result in
denial of the specific exemption described in that Subsection.
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(e) A GAME ROOM SHALL NOT OPERATE DURING THE PENDENCY OF THE
APPLICATION AND UNTIL TIIE GAME ROOM APPLICATION IS
APPROVED AND THE PERMIT ISSUED. Game Rooms existing upon the effective
date of this regulation will be given no more than 30 days to apply for the necessary
permit to continue operating. Game Rooms that fail to make the required application
within 30 days will be prohibited from further operation until such permit is issued.

(f) A Game Room permit, per these Regulations, is not transferable, assignable, or divisible,
and it is a violation of these Regulations for any Person to attempt to do so. If the
ownership of a Game Room changes, the Game Room shall be deemed unpermitted,
and the new Owner(s) must reapply and do so before the Game Room may operate.

(g) An Applicant who applies under these Regulations must swear and affirm the truth of
Nueces County Game Room Regulations - Page 9 of 24
 the contents therein under the penalty of Perjury as defined under Section 37.02 of
the Texas Penal Code. In addition, any misrepresentation on the application is athird-
degree felony offense as defined under Section 37.10 of the Texas Penal Code.

2.2 Grounds for Denial, Revocation, or Suspension of a Game Room Permit

(a) Any violation of any Section or Subsection of these Regulations or failure to meet all
requirements of any Section or Subsection of these Regulations, where applicable, will
be grounds for denial, revocation, or suspension of a Game Room permit. If a Game
room's permit has been revoked, denied, or suspended, the Game Room shall not
operate during the pendency of any appeal to the hearing examiner from the revocation,
denial, or suspension of a Game Room permit.
(b) Denial of a Game Room Permit. A Game Room permit shall be denied upon a finding
by the Game Room Permit Administrator of any of the following facts:
1. An Applicant, Owner, or Operator has previously been convicted or placed on

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deferred adjudication for the following crimes:
i. gambling, gambling promotion, keeping a gambling place,

f communicatinggambling information, possession of gambling devices or

equipment, or possession of gambling paraphernalia as described in
Chapter 47 of the Texas Penal Code;
ra ii. forgery, credit card abuse, or commercial bribery as described in Chapter
32 of the Texas Penal Code;
iii. a criminal offense as described in Chapter 34 of the Texas Penal Code;
iv. any felony or state jail felony;
v. any misdemeanor involving moral turpitude; or
vi. listed as a gang member in the Texas Department of Public Safety’s
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TXGANG Index.
2. an Applicant makes a misleading statement in the application for the Game
Room permit, provides false, fraudulent, or untruthful information in the
application for Game Room permit, or withholds pertinent information in the
application for a Game Room permit;
3. an Applicant has had a Game Room or other similar license or permits revoked
or suspended by any state or local agency outside this County within two (2)
years immediately before the date of the application;
4. an Applicant is under eighteen (18) years of age;
5. an Applicant, Owner, or Operator has had a Game Room permit denied within
the one hundred and eighty (180) day period immediately preceding the date the
application was filed, or revoked within the one year immediately preceding the date
the application was filed;

Nueces County Game Room Regulations - Page 10 of 24

 6. an Applicant, Owner, or Operator is delinquent in the payment to Nueces
County of taxes, fees, fines, or penalties assessed or imposed regarding the
operation of a Game Room;
7. an application or renewal fee required by these Regulations has not been paid;
8. an Applicant fails to complete the inspection process within the sixty (60) day period
described in Subsection 2.1;
9. an offense described in Subsection 2.2(b)(l), or Subsection 3.12(a) of these
Regulations was committed at the Game Room or another Game Room at the same
location within one (1) year before the application; or
10. any violation of Sections 2 or 3 of these Regulations.
(c) If the Game Room Permit Administrator denies a Game Room permit, the Administrator
must notify the rejection to Applicant within twenty-one (21) days of said date. The denial
letter shall provide the reason(s) for the action.
(d) Revocation or suspension of a Game Room Permit, The Game Room permit Administrator shall
have the authority and power to initiate a proceeding to revoke or suspend a Game Room
permit if one (1) or more of the following events or conditions has occurred:

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(1) any violation of any of the offenses described in Subsection 2.2(b) (1) or Subsection
3.12(a) of these Regulations has occurred on the premises of the Game Room;

f (2) the applicant made a misleading statement in the application for the Game Room
permit, provided false, fraudulent, or untruthful information in the application for a
Game Room permit, or withheld pertinent information in the application for a Game
ra Room permit;
(3) the Game Room permit should not have been issued pursuant to these Regulations;
(4) an Applicant, Game Room Owner, or Operator has had a Game Room, or other
similar license or permit revoked or suspended by any Federal, State, or local agency;
(5) an Applicant, Game Room Owner, or Operator has failed to make corrections
ordered by a Fire Safety Official;
(6) a Game Room Owner, Operator, employee, agent, or any other individual acting for,
or acting on behalf of the Game Room has violated any of the offenses contained in
Subsection 2.2(b)(I) or Subsection 3.12(a) of these Regulations; or
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(7) any violation(s) of Section 2 or 3 of these Regulations.
(e) If any of the stated events or conditions providing a basis for revocation or suspension of
a Game Room permit under Subsection 2.2(d) has occurred, the Game Room Permit
Administrator shall document the violation and provide Notice to Applicant or permit
holder of revocation or suspension within twenty-one (21) days of the date on which the
Game Room Permit Administrator documented the violation. The revocation letter shall
provide the reason(s) for the action. The revocation shall become final on the seventh
(71h) day after Notice.
(f) A revocation shall take immediate effect upon Notice by the Game Room Permit
Administrator if:
(1) an Owner, Operator, employee, agent, or any other individual acting for, or
acting on behalf of Game Room has violated any offense described Subsection
2.2(b)(l) or Subsection 3.12(a) of these Regulations;
(2) a violation of any offense described in Subsection 2.2(b)(l), or Subsection 3.12(a)
Nueces County Game Room Regulations - Page 11 of 24
 of these Regulations has occurred on the premises of the Game Room;
(3) there is a necessity for immediate action to protect the public from injury or
imminent danger; or
(4) a Game Room permit was issued based on a misrepresentation in the application,
but the Game Rom permit would not have been issued for the
misrepresentation.

2.3 Appeal

(a) If the Game Room Permit Administrator denies a Game Room permit application or
suspends or revokes a Game Room permit, the applicant or permit holder shall have
the opportunity to make a written request for a hearing before a hearing examiner
appointed by the Commissioners Court. The hearing examiner shall not have
participated in any investigation of the alleged grounds for the denial, suspension, or
revocation.

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(b) All requests for hearings must be in writing and delivered to the Nueces County Game
RoomPermit Administrator within fourteen (14) days upon Notice to Applicant or permit
holder. The applicant waives the right to a hearing if the Game Room Permit Administrator

f
does not timely receive the request.
(c) The hearing shall be held within twenty-one (21) days of receiving a request for a
ra hearing.
(d) The Applicant or permit holder and the Game Room Permit Administrator shall be
provided an opportunity to present evidence, cross-examine witnesses, and be
represented by legal counsel. The formal rules of evidence do not apply.
(e) It shall be the responsibility of the applicant or permit holder to provide a court reporter
and an interpreter, if necessary, for the hearing before the hearing examiner.
(f) The Applicant or permit holder shall be present in person at the hearing. If the Applicant
or permit holder is not present in person at the hearing, their Game Room permit shall
automatically be denied or revoked.
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(g) The hearing examiner has the power to uphold or reverse the denial, suspension, or
revocation of a Game Room permit. The hearing examiner shall issue a written order based
on their determination within twenty-one (21) days of the hearing.
(h) If the hearing examiner determines, based upon the nature of the violations, that a
suspension in place of revocation is appropriate, the operation of the Game Room shall be
suspended for a period not to exceed one hundred and eighty (180) days. If applicable, the
hearing examiner shall issue a written order suspending the Game Room permit and
attaching conditions. The suspension shall become effective on the date the hearing examiner
issues their order.
(i) Upon a finding by the hearing examiner that Subsection 2.2(d)(l), 2.2(d)(2), 2.2(d)(3),
2.2(d)(4), or 2.2(d)(5) of the Regulations has been violated, revocation of the Game Room permit
shall be mandatory.

Nueces County Game Room Regulations - Page 12 of 24

 (j) The decision of the hearing examiner shall be final. On the final decision of the hearing
examiner, the losing party may appeal the decision by filing a petition in a District Court in
the County with jurisdiction within thirty (30) days after the date of the decision. Appeals to
the District Court shall be governed by the substantial evidence rule described in Section
2001.174 of the Texas Government Code.

2.4 Game Room Operation During Pendency of Appeals to District Court

(a) If the Applicant's or permit holder's appeal to the hearing examiner for revocation or
suspension is unsuccessful, the Game Room shall not operate during the pendency of the
appeal to the district court.
(b) If the Applicant's or permit holder's appeal to the hearing examiner for revocation or
suspension is successful, the Game Room may resume operation and may operate during
the pendency of the appeal to the district court.
(c) No Game Room may operate pending an appeal for denial of a Game Room permit to the

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district court.

2.5

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Reapplication
(a) After a hearing examiner's final ruling of the permit denial, an Applicant may reapply for a
ra Game Room permit after the expiration of one hundred and eighty days (180) from the date
of the final ruling. After a hearing examiner's final ruling of revocation, an Applicant may
reapply for a Game Room permit after the expiration of one year from the date of the final
judgment,
(b) This application will be considered a new application in regard to the application timelines
and fee established in Subsection 2.1 and for the distance requirements outlined in
Subsection 3.2.
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2.6 Permit Renewal Permit Fee – Levied; Amount; Payment
(a) A permit may be renewed for the following year starting sixty (60) days before the current
permit's expiration by filing a completed application with the Game Room Permit
Administrator and paying the applicable fee outlined in these Regulations. A renewal
application shall be subject to the exact requirements in these Regulations as are required for
a permit application. If the completed renewal application was submitted within this sixty
(60) day period, the previous permit will remain in effect until the Game Room Permit
Administrator determines according to these Regulations as to whether the permit will be
renewed.
(b) An Owner shall pay a non-refundable annual permit fee of $1,000.00. The permit fees shall
be paid in person to the Game Room Permit Administrator upon application renewal. A
receipt of payment and renewal application submission will be hand-delivered or sent by
certified mail to the Owner within fourteen (14) days of receiving the non-refundablefee.

Nueces County Game Room Regulations - Page 13 of 24

2.7 Contents of a Game Room Permit
When the application process is complete, and the proposed Game Room has met all the
requirements outlined in these Regulations, the Game Room Permit Administrator shall
give the applicant a signed certificate. The certificate constitutes a permit to operate the
Game Room for one (1) year from the date the permit is issued. The permit shall list
theidentity of the issuing Game Room Permit Administrator. The permit shall list the date
of issue and the date of expiration. The permit shall list the name of the permit holder,
the name of the game Room, and the physical address of the Game Room. If the permit
holder is a corporation or legal entity, then the permit shall also list the person(s)
asserting control over the legal entity. The permit shall list any applicable exemptions to
the requirementsof Section 3 for which the permit holder qualified. The Game Room
Permit Administrator shall keep an original signed copy of the permit for the
Administrator's records.

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2.8 Civil Remedies and Penalties
(a) Any violation of these Regulations is grounds for denial, suspension, or revocation of a

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Game Room permit.
(b) Any violation of these Regulations is subject to a civil penalty of $10,000.00 for each
violation, plus all reasonable attorney's fees, court costs, and investigatory costs, pursuant to
ra Texas Local Government Code Section 234.137(c). Such penalty is to be forfeited to Nueces
County, Texas. Each day that a violation continues constitutes a separate ground for
recovery.
(c) The Commissioners Court of Nueces County, Texas, may bring a legal action to
enjoin violations of these Regulations and seek judgment for any civil penalties.

2.9 Criminal Penalty

(a) Operating a Game Room in violation of these Regulations constitutes a Class A
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misdemeanor.
(b) Each day that a violation continues, a separate offense under these Regulations.

2.10 Game Room Operation Pending Civil Litigation

No Game Room shall operate once an Owner, Operator, or other agent of the Game Room
files a civil lawsuit against Nueces County, the Nueces County Fire Marshal, or the Nueces
County Sheriff’s Office so long as the subject matter of the lawsuit concerns the applicability
of these regulations to the Game Room. The Game Room shall not operate during the
pendency of the lawsuit.
2.11 Effect
Each Applicant, Owner, Operator, employee, agent, or any other individual acting foror
acting on behalf of a Game Room must meet and comply with all requirements of all
applicable law(s). The issuance of a permit under these Regulations shall not excuse any
Nueces County Game Room Regulations - Page 14 of 24
 Owner, Operator, employee, agent, or any other individual acting for or acting on behalf of
a Game Room or any patrons of such premises from compliance with such law(s) or
regulation(s).

SECTION 3. GAME ROOMS

3.1 Inspection by a Peace Officer
(a) Inspection. Peace Officers, Fire Safety Officials, and designated County Employees are
authorized to inspect any business in Nueces County during its hours of operation for
violations of these Regulations pursuant to Texas Local Government Code Section
234.136. These Regulations do not authorize a right of entry prohibited by law. Peace
Officers, Fire Safety Officials, and designated County Employees may enter a business
outside of hours of operation with consent, with a warrant, or under exigent circumstances.
A Game Room permit issued pursuant to these Regulations gives Peace Officers, Fire Safety
Officials, and designated County Employees implied consent to enter and inspect any Game
Room for violations of these Regulations.

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(b) Unpermitted Game Rooms. An unpermitted business that holds itself out as a Game
Room by sign, advertisement, word-of-mouth, by offering memberships, by offering for

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play or displaying six (6) or more machines described in Subsection l.4(i) located in the
Game Room or by any other means is subject to inspection by any Peace Officer, Fire Safety
Official, and designated County Employee pursuant to Texas Local Government Code
ra Section 234.136 and is a Game Room under these Regulations.

i. Refusal to allow any Peace Officer, Fire Safety Official, and designated County
Employee entry to inspect such unpermitted Game Rooms may be considered in
establishing probable cause for the issuance of a search warrant to inspect for
violations of these Regulations.

ii. An unpermitted Game Room is subject to these Regulations and may be held liable for
all civil and criminal penalties listed herein.
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(c) Compliance Inspection. Any Peace Officer, Fire Safety Official, and designated County
Employee may inspect a permitted Game Rooms located within their jurisdiction to
determine whether the Game Room complies with these Regulations pursuant to Texas
Local Government Code Section 234.136.

(d) Consent to Entry. A Person who does not allow a Peace Officer, Fire Safety Official, or
designated County Employee to inspect a Game Room commits an offense and may be
assessed a civil penalty not to exceed $10,000 per violation. Each Peace Officer, Fire Safety
Official, and Designated County Employee denied entry is considered a separate violation.
Each day a refusal of access occurs or continues to occur is considered a separate violation.

3.2 Distancing Restrictions

(a) It shall be the duty of any owner or Operator to ensure compliance with this Subsection.
Nueces County Game Room Regulations - Page 15 of 24
 (b) A Game Room in operation shall not be located:
i. within 1,500 feet from any existing or planned school, regular place of religious
worship, or residential neighborhood. "Planned" means that steps have been taken
toward the facility's or structure's development, including but not limited to a permit
received, a plat approved, design work started, a bond received, or an order approved
by a governmental entity's governing body; or
ii. within 2,000 feet from where two (2) or more other Game Rooms are located.
(c) For the purposes of this Subsection, measurements shall be made in a straight line from the
nearest portion of the building or appurtenances used by the Game Room to the nearest
portion of the building or appurtenances that are used for the purposes identified in
Subsection (b) above.
(d) Once a Game Room Permit has been issued for a particular location, it shall not be a ground
for non-renewal that a school, regular place of worship, or residential neighborhood is
constructed or moved within 1,500 feet of the pre-existing Game Room Permitted location.

3.3 Game Room Sign and Name Tags Required

(a) It shall be the duty of any Owner or Operator to ensure compliance with this Subsection.

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(b) A Game Room shall have each outside door marked with a sign that:
i. reads “GAME ROOM” in four (4) inch or larger block lettering; and

f ii. is always legible and visible from twenty-five (25) feet from the outside door.
(c) Each employee must wear a clearly displayed name tag affixed to the upper left chest
area of the employee's clothing. The name tag shall be at least 3"x 5" in size and shall state
ra the employee's correct legal first name and last name, and shall state their position (i.e.,
Manager) on a separate line. The lettering shall be clearly visible, in a font size of at least
36. A Texas Lottery Commission registration badge worn by an employee in a licensed
Charitable Bingo Hall satisfies this name tag requirement.

3.4 Fire and Life Safety

(a) It shall be the duty of any owner or Operator to ensure compliance with this Subsection.
(b) A Game Room shall provide doors that are readily accessible without the use of a
D
key,special knowledge, or effort during business hours or any other hours of
operation.
(c) A Game Room or commercial establishment shall comply with all construction and fire
codes and pay any court-approved fee(s) associated with a fire and life safety inspection,
plan review, occupancy load calculation, or complaint.
(d) All construction and fire code regulations will be strictly enforced, and Game Rooms
shall always provide any Fire safety official with immediate access to the premises.
(e) A Game Room shall not use electronic locks to prevent entry during business hours.
(f) Game Rooms shall have at least one marked fire exit for every twenty-five Game
Machinesin operation on the premises.

3.5 Transparent and Uncovered Windows and Doors Required

(a) It shall be the duty of any Owner or Operator to ensure compliance with this Subsection.
(b) A Game Room shall provide at least one (1) window in the front of the building and at least
one (I) other window on one (1) other side meeting the criteria set forth in Subsection
Nueces County Game Room Regulations - Page 16 of 24
 (c), allowing a clear and unobstructed view of all machines described in Subsection 1
.4(i) located in the Game Room.
(c) It shall be unlawful for a Person to exhibit or display, or to permit to be exhibited or
displayed, for commercial use any machine described in Subsection l .4(i) in a Game Room
unless the required transparent walls or windows of the Game Room:
1. are located on at least two (2) sides of the Game Room, and each machine
describedin Subsection l.4(i) located therein is visible through such walls or
windows; and
2. at the lowest point are not more than four (4) feet above the adjacent sidewalk
or ground level; and
3. at the highest point are at least eight (8) feet higher than the adjacent sidewalk
or ground level; and
4. are at least four (4) feet wide.
(d) A Game Room shall provide transparent uncovered glass in each exterior Game Room
window or door.
(e) It shall be unlawful for a Person to cover or tint a Game Room window or door, or

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otherwise block a window or door to obscure the view of any machine described in
Subsection l .4(i) located in a Game Room or the interior of the location from a sidewalk
through a Game Room window or door.

3.6

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Hours of Operation
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(a) It shall be the duty of any Owner or Operator to ensure compliance with this Subsection.
(b) Game Room shall operate only between the following hours:
12:00 p.m. (noon) and 12:00 a.m. (midnight) on Sundays through
Thursdays;
2:00 p.m. to 2:00 a.m. on Fridays and Saturdays.

3.7 Display of a Game Room Permit

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(a) It shall be the duty of any Owner or Operator to ensure compliance with this Subsection.
(b) A Game Room shall post or display a current Game Room permit in plain sight in a common
area accessible to the public without having to enter a controlled area of the business, along
with a list of all Game room owners connected with the Game Room.

3.8 Recordkeeping
(a) It shall be the duty of any Owner or Operator to ensure compliance with this Subsection.
(b) A Game Room shall maintain onsite and produce to any peace officer, Fire Safety Official, or
designated County Employee for inspection:
1. a record for each employee that contains the name, address, date of birth, state
identification number or social security number, job function, W-2 or W-4 form, a
copy of an application for work with the Game Room, a copy of the I-9 filed as part
of Employment Eligibility Verification for the Department of Homeland Security,
and a photograph of the employee;
2. a daily register that contains the name, date of birth, state identification number or
social security number, and job function of each employee present at the
Nueces County Game Room Regulations - Page 17 of 24
 establishment that day. Every Owner, Operator, employee, agent, or any other
individual acting for or acting on behalf of the Game Room is required to sign the
daily register with the information required above immediately upon entering the
Game Room;
3. a daily prize register that contains a list of all cash prizes awarded or non-cash
merchandise prizes over $50 in value redeemed each day and the name, date of birth,
state identification number, or social security number of each prize winner; and
4. a copy of the Nueces County and State of Texas tax record forms detailing each
machine found on the premises of the Game Room by identifying the machine by
the name of the manufacturer, serial number, type of machine, the serial number of
the State of Texas Tax stamp to include the year of expiration of each tax stamp
required, the Nueces County Tax Stamp to include the year of expiration of each tax
stamp required, and the name of the individual(s), proprietorship(s), corporation(s),
association(s), or other legal entity(s) that owns, receive profits from and has
registered the machine in their name with the Texas Comptroller with a brief
description of their ownership and financial interest in the machine in a spreadsheet
format.

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(c) A Game Room shall preserve the daily register required by Subsection (b)(2) for ninety (90)
days after the date the register was made. The register must be maintained at the GameRoom.
It must be accessible by any person on duty at the Game Room. It must be made available to

f
any Peace Officer, Fire Safety Official, or designated County Employee upon request.

3.9
ra Prohibited Employment
(a) It shall be the duty of any Owner or Operator to ensure compliance with this Subsection.
(b) It shall be unlawful for any Owner, Operator, employee, agent, or any other individual acting
for, or acting on behalf of a Game Room to have been previously convicted of, entered a
plea of nolo contendere or guilty, or received deferred adjudication for any offense set forth
in Subsection 2.2(b)(1).
(c) It is the responsibility of any Owner or Operator to conduct a criminal background check
on every Owner, Operator, employee, or any other individual acting for or acting on behalf
of a Game Room.
D
3.10 Game Room Memberships
(a) It shall be the duty of any Owner or 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 or prohibit any activity inside a
Game Room by a patron through a Game Room membership requirement.
(d) Game Rooms shall not issue membership cards to any individual for any purpose.
(e) Game Rooms shall not have, make use of, employ, or require check-in procedures of any
kind prior to entering or before exiting a Game Room.

3.11 Machines Located in a Game Room

(a) It shall be the duty of any Owner or Operator to ensure compliance with this Subsection.
(b) A Game Room shall obtain an occupation tax permit from the Nueces County and State of
Texas Tax Assessor-Collector for each machine described in Subsection 1.4(i) located in the
Game Room.
1. The annual fee to be paid to the Nueces County Tax Assessor-Collector will
Nueces County Game Room Regulations - Page 18 of 24
 be twenty-five (25) percent of the State's annual fee per machine.
2. All Machine tax permit applications are required to indicate the location on the
application where the Machines described in Subsection 1.4(i) are physically located.
3. Whenever a machine described in Subsection 1.4(i) is found not to be in compliance as
to tax permits, it shall be locked by the Tax Assessor-Collector's Office or any Peace
Officer and cannot be used until the Owner purchases a tax permit for the machine
at the cost of $100, regardless of which quarter of the year the unlock fee is paid, and
then pays an "unlock fee" of $5 per machine.

3.12 Maximum Number of Machines

No Game Room in this County may operate more than 200 (two hundred) Game
Machines. It shall be a violation of these Regulations for a Game Room to keep, exhibit,
operate, display, or maintain any gambling device that is prohibited by the constitution of
this state or Chapter 47 of the Texas Penal Code, GAMBLING. Each machine and each
day it is kept, exhibited, operated, displayed, or maintained is a separate violation.

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3.13 Posting of Rules

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At least one poster per 800 square feet must be posted in a prominent location in any
room where Game Machines are being operated. Each poster must display, in legible
type in both English and Spanish,
ra • the complete rules of any games in operation,
• the prizes available,
• the odds of winning,
• the Game Room license number issued by the County, and
• the telephone number designated by the Nueces County Sheriff to refer
complaints about the operation of the Game Room.

3.14 Requirements to Qualify for Food and Beverage Sales or Charitable Bingo
D
Exemptions

A Game Room permit holder may apply for multiple exemptions.

(a) Any exemption granted must be clearly stated on the Game Room permit.
(b) Charitable Bingo Exemption. An Applicant is qualified for a charitable bingo exemption
from the Regulations in Subsections 3.2, 3.3, 3.5, 3.6, and 3.7 if the applicant can show
a valid and current Texas Lottery Commission Charitable Bingo License as described in
Chapter 2001 of the Texas Occupations Code Chapter, and that bingo sessions have
been conducted at the location on at least a weekly basis prior to both the effective date
of the Nueces County Game Room Regulations herein, and the Charitable Bingo’s filing of
an application hereunder. An original certificate or copy of this license and a copy of the
Lottery Commission Quarterly Bingo Reports presented with the complete Game
Room permit application at the time of application, or permit renewal is sufficient to
make this showing. A Game Room with a Charitable Bingo Exception herein may only
Nueces County Game Room Regulations - Page 19 of 24
 operate a Game Room, pursuant to state law, and when a bingo occasion, as defined by
section 2001.002 (6) of the Texas Occupations Code, is being conducted.
(c) Food and Beverage Sales Exemption. An Applicant is qualified for a Food and Beverage
Sales exemption from Regulations in Subsections 3.2, 3.3, 3.5, 3.6, and 3.7 if the
applicantmeets all requirements of Subsections (1)-(7) below:
1. The following words and terms, when used in this Subsection, shall have the
following meaning unless the context indicates otherwise:
i. Food or Beverage Service - cooking or assembling food on-premises,
primarily for on-premises consumption. Commercially pre-packaged items
which require no heating, cooking, or assembly and which may be
purchased off-premises do not constitute food or beverage service under
this Section;
ii. Entree - main dish of a meal;
iii. Multiple Entrees - no fewer than eight different entrees per meal period must
be available to customers; and
iv. Food Service Facilities - a portion of the licensed premises where food is

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stored and prepared primarily for on-premises consumption.
2. An Applicant is qualified for a Food and Beverage Sale exemption if the following
conditions are satisfied:

f i.

ii.
with respect to the operation of a Game Room, the applicant's primary
business is Food or Beverage Service;
multiple entrees are available to customers;
ra iii. Food Service Facilities are maintained on the premises;
iv. The Game Room does not operate outside the hours of operation for sale
and Food or Beverage Service; and
v. at least 51 percent of the Game Room's total net income is derived from the
sale of food or beverages.
3. An Applicant for a Food and Beverage Sale Exemption shall submit a sworn
statement attesting that Food or Beverage Service is maintained on the premises and
is the primary business on the premises. The applicant shall furnish the following:
i. the menu or, if no menu is available, a listing of the food and beverage items;
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ii. hours of operation of Food or Beverage Service;
iii. sales data or, if not available, projection of sales. The projection or data
should include a sufficient breakdown of revenues of food, alcoholic
beverages, and Game Room operation proceeds;
iv. listing of equipment used in the preparation of Food or Beverage Service
versus the equipment used in the operation of a Game Room;
v. copies of floor plans of the licensed premises indicating areas devoted
primarily to the preparation of Food and Beverage Service and those
primarily dedicated to the operation of a Game Room;
vi. if alcoholic beverages are served, the TABC license or permit as applicable with
the TABC food and beverage certificate is applicable; and
vii. the Food Service permit from the appropriate entity.
4. Applicants for renewal of Food and Beverage Sales Exemptions shall resubmit the
information required in Subsection 3.14(c) (3) (i)-(vii) above.
5. Failure to meet all requirements of this Subsection or accurately maintain required

Nueces County Game Room Regulations - Page 20 of 24

 records is grounds for denial or revocation of a Food and Beverage Sales Exemption.
6. In verifying that the exemption holder is maintaining Food or Beverage Service as
the primary business on the premises, the Game Room permit Administrator may
examine all the exemption holder's books, papers, records, documents, supplies, and
equipment.
7. Recordkeeping requirements for holders of food and beverage sales exemptions
include:
i. each holder of a food and beverage sales exemption shall maintain records
to reflect separate totals for beverage sales, food sales, and other major sales
categories at the location, including proceeds from machines described in
Subsection 1.4(i) located in the Game Room. Purchase invoices must be
maintained to reflect the total purchases of beverages, food, and other major
purchase categories;
ii. complimentary food and beverages, including alcoholic beverages, shall not
be calculated in determining whether the premises meet the 51 percent or
more food or beverage sales threshold;
iii. all records are required to be maintained for four years and made available

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to authorized representatives of the Game Room permit Administrator upon
reasonable request; and

f iv. in examining the food or beverage sales, the Game Room permit
Administrator may compute and determine the percentage of food and
beverage sales upon the basis of information filed with the Game Room
ra Permit Administrator or held by the permit holder, but if such information
is insufficient, the computation and determination of the percentage of sales
may be based upon any records or information which is available.

3.15 Owners of an Illegal Game Room

It is not a defense to prosecution under these Regulations if an individual does not have the
DBAs in their name or does not lease the property in their name.
D
3.16 Exemption from Location Restrictions and Distancing Restrictions
Game Rooms are exempt from the location restrictions (see Section 3.2) upon proof that
the applicant, including the Game Room owner(s), continuously owned and operated the
Game Room at the same location and under the same name prior to the signing of the
regulations herein. If the Game Room changes its name, its Owner, or adds another
owner after the effective date, or if its permit was suspended or revoked, or its permit
was denied renewal, or if the permit is allowed to lapse, then the Game Room will be
considered a new Game Room and not exempt from the location restrictions and
distancing restrictions. If a Game room consists of a group of owners, then at least 2 of
the original owners must remain in order for the Game Room not to be deemed a new
Game Room. All applications claiming a distance exemption under this Section must
have been submitted on or before _____ 2022.

Nueces County Game Room Regulations - Page 21 of 24

3.17 Required Security Personnel and Procedures

a) A Game room shall provide security on its premises.

b) A Game room’s security personnel shall consist of either:
i. A Peace Officer certified by the State of Texas who is armed with a firearm; or
ii. A Security Guard licensed by the State of Texas who is armed with a firearm.
c) A Game room shall implement a metal wand or other metal detecting device on all
patrons and other guests.

3.18 Maximum Number of Game Rooms in Nueces County

The maximum number of game rooms in Nueces County shall be 130.

SECTION 4. FINANCIAL & INSURANCE REQUIREMENTS

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4.1 Records

f
a) Each game room must have only one financial institution of record. All outgoing
payments must be by check from its bank of choice. All revenue must be deposited
into their bank of choice.
rab) To change banks of choice, it is required that the change must be reported to Nueces
County within fifteen business days.

c) Each game room is only allowed to have one bank of choice at any given time.

1. Exception: If both banking institutions are listed during the transfer period, there
may be a one hundred twenty-day period to close one banking institution while
the new bank of choice is being opened.
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4.2. Insurance

a) A Game Room Owner shall provide proof of, and maintain during the Term of their permit,
or longer, a Commercial General Liability Insurance Policy that provides at least the
following minimum coverage:
$1,000,000 per occurrence
$2,000,000 aggregate;
b) All coverage shall be underwritten by companies authorized to do business in the State of
Texas and currently rated A- or better by A.M. Best Company or otherwise acceptable to
Nueces County.

Nueces County Game Room Regulations - Page 22 of 24

 c) By requiring such minimum insurance coverage, Nueces County shall not be deemed or
construed to have assessed the risk that may be applicable to a Game Room Owner and
such Game Room Owner shall assess its own risks and if it deems appropriate and/or
prudent, maintain higher limits and/or broader coverage. A Game Room Owner is not
relieved of any liability or other obligations assumed by reason of its failure to obtain or
maintain insurance in sufficient amounts, duration, or types.
d) A Game Room Owner shall provide to the Game Room Permit Administrator a certificate of
insurance attesting to the existence of a policy or policies providing coverage described in
the preceding paragraph as part of the permit application.
e) A Game Room Owner shall provide to the Game Room Permit Administrator a certified
copy of said policy or policies upon request. Failure to comply with these requirements may
result in suspension or revocation of said permit.

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SECTION 5. CUMULATIVE EFFECT OF REGULATIONS; SEVERABILITY
5.1 Cumulative Effect

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Authority under these Regulations is cumulative of other authority that Nueces County and
its incorporated municipalities must regulate Game Rooms and does not limit that
ra authority.

5.2 Severability Clause

If a section or Subsection of these Regulations, or certain applications of a section or
Subsection, is found unconstitutional, the remaining Sections or Subsections, or
applications of those Sections or Subsections, will continue in force as law.
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Adopted by Nueces County Commissioners Court this _____th day of _____, 2022.

[Intentionally Left Blank. Signature Block on Next Page]

Nueces County Game Room Regulations - Page 23 of 24

 ______________________________
BARBARA CANALES
Nueces County Judge

________________________________ ______________________________
ROBERTO G. HERNANDEZ JOHN MAREZ
Commissioner, Precinct 1 Commissioner, Precinct 3

________________________________ ______________________________
JOE A. GONZALEZ BRENT CHESNEY
Commissioner, Precinct 2 Commissioner, Precinct 4

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Attest:
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________________________________
Nueces County Clerk
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Nueces County Game Room Regulations - Page 24 of 24