File #: 13-1292    Name: Gaming Machines
Type: Ordinance Status: Tabled
In control: City Council Regular Meeting
On agenda: 12/17/2013 Final action: 12/17/2013
Title: Consider/Discuss/Act on an Ordinance of the City Council of the City of McKinney, Texas, Amending Various Sections of the Code of Ordinances Regulating "Eight-Liner" Game Rooms
Attachments: 1. Ordinance
Title
 
Consider/Discuss/Act on an Ordinance of the City Council of the City of McKinney, Texas, Amending Various Sections of the Code of Ordinances Regulating "Eight-Liner" Game Rooms  
 
Summary
 
MEETING DATE:      December 17, 2013
 
DEPARTMENT:       City Attorney
      City Secretary
 
CONTACT:        Mark Houser
      Sandy Hart, TRMC, MMC
 
RECOMMENDED CITY COUNCIL ACTION:  
·      Consider adoption of the Ordinance
 
ITEM SUMMARY:
Adopt an ordinance that continues the regulation of gaming machines and establishes special requirements for 8-liner machines through the amendment of Chapter 22, "Amusements," of the City's Code of Ordinances by amending article II to address billiard tables and coin-operated skill, pleasure and music machines and adding a new article III that specifically regulates 8-liner machines.  More particularly, new article III regulates 8-liner machines as follows:
 
·      Defines 8-liner machines as "Amusement Redemption Machines";
·      Defines the exhibition of two or more 8-liner machines in the same location as an Amusement Redemption Machine Game Room ("ARM Game Room");
·      Establishes a license and application (permitting) process for ARM Game Rooms;
·      Requires disclosure of, and background information for, owners of 25% or greater interest in ARM Game Room;
·      Imposes $15 per machine Occupation Tax on Amusement Redemption Machines as allowed by state statute;
·      Imposes an ARM Game Room permit application fee and annual inspection and license fee of $3,000 plus $100 per Amusement Redemption Machine;
·      Prohibits an individual Amusement Redemption Machine within 300' of a church, school, or hospital;
·      Restricts ARM Game Rooms to MH-Heavy Manufacturing and ML-Light Manufacturing zoning districts with a Specific Use Permit;
·      Prohibits ARM Game Rooms within one thousand feet (1,000') of any church, school, daycare, hospital, or other ARM Game Room;
·      Limits the number of Amusement Redemption Machines in an ARM Game Room to fifty (50) machines;
·      Establishes parking requirements for ARM Game Rooms;
·      Limits hours of operation;
·      Prohibits alcoholic beverages on the ARM Game Room's premises;
·      Requires Amusement Redemption Machine Game Rooms to have transparent unobstructed windows;
·      Requires Amusement Redemption Machine to be in full and open view;
·      Imposes minimum age limit for employees and patrons of 18 years;
·      Requires compliance with building codes;
·      Requires access by certain City officials for enforcement and fire hazard detection purposes;
·      Provides criteria for denial of requests for and suspension and revocation of ARM Game Room licenses and permits;
·      "Grandfathers" existing game rooms from siting and location requirements;
·      Prohibits existing game rooms repairing Amusement Redemption Machines until there are no more than fifty (50) machines; and
·      Exempts congressionally chartered fraternal organizations from licensing and permitting provisions except Occupation Tax.
 
The proposed revisions of article II maintain similar gaming machine regulations to the current provisions, while distinguishing 8-liners, as follows:
 
·      Distinguishes Amusement Redemption Machines and 8-liner machines from other coin-operated machines;
·      Provides regulations and a permitting process for coin-operated machines;
·      Imposes $15.00 per machine Occupation Tax as allowed by state statute;
·      Prohibits skill or pleasure coin-operated machines within 300' of a church, school, or hospital;
·      Establishes parking requirements;
·      Imposes age and hours of operation for patrons under 18 years;
·      Requires compliance with building codes; and
·      Requires access by City officials for enforcement and fire hazard detection purposes.
 
BACKGROUND INFORMATION:  N/A
 
SPECIAL CONSIDERATIONS:  N/A
 
FINANCIAL SUMMARY:  N/A
 
BOARD OR COMMISSION RECOMMENDATION:  N/A