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