HomeMy WebLinkAbout(0006) IR 20-10450 - Game Room UpdateINFORMAL REPORT TO CITY COUNCIL MEMBERS
No. 20-10450
To the Mayor and Members of the City Council August 4, 2020
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SUBJECT: GAME ROOM UPDATE
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The City continues to litigate its 2014 game -room ordinances. The district court rendered its
judgment in April 2017, both parties appealed and the Second Court of Appeals issued its
judgment on October 4, 2018. Among other things, but critical to the City's ability to combat
crime in and around game rooms, the district court and court of appeals found that the City was
preempted by state law from regulating game rooms through zoning. The City filed a petition for
review in the Texas Supreme Court. The Supreme Court issued its opinion, authored by Justice
Boyd, and reversed the court of appeals' conclusion that it could not consider the machines'
constitutionality and legality and remanded the case to the court of appeals for it to consider that
issue.
Importantly, the Supreme Court agreed with the City that if the machines are illegal or
unconstitutional, state law would not preempt the City from regulating eight -liners. From the
opinion: "We hold the court of appeals erred by concluding that the issue whether the Operators'
machines are constitutional and legal is irrelevant to the question whether chapter 2153 preempts
the City's ordinances and is therefore non -justiciable. We reverse the court of appeals' judgment
and remand the case to that court so that it can address and resolve that issue in the first
instance." The court of appeals has asked for briefing on this narrow issue; briefing should be
completed in the fall.
A state statute was amended to allow Tarrant County some authority to regulate game rooms. As
a result, the County Game Room Regulations were approved last November and became
effective on April 1, 2020. Subsequently, Tarrant County and the City entered into an interlocal
agreement to establish responsibilities for permitting and enforcement of the Tarrant County
Game Room Regulations. Under the agreement, the City processes and approves or denies
County game -room permits. The City also has enforcement authority and the ability to inspect
through Fort Worth Police and Code Compliance.
Tarrant County Game Room Regulations define game rooms as having six or more gaming
machines. The regulations require: certain signage; unlocked doors during hours of operation;
uncovered, transparent windows such that the view to the interior is unobstructed; and that hours
of operations shall be from 8:00 A.M. until 10:00 P.M. Game rooms may not be located within
1500 feet of schools, places of religious worship, or residential neighborhoods and may not be
within 2,000 feet of another game room. There was a one-time opportunity under the regulations
to apply for an exemption to the distance requirements for those operators who could prove they
existed in good standing prior to October 15, 2019. Operators in violation of the regulations may
be arrested for a Class -A Misdemeanor and subject to civil penalties of up to $10,000.00 a day.
To date, no game -room permits have been issued, however, there have been many applications.
Fourteen distance exemptions have been granted, but associated applications have not been
completed. There are six appeals pending.
ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS
INFORMAL REPORT TO CITY COUNCIL MEMBERS
No. 20-10450
To the Mayor and Members of the City Council August 4, 2020
Page 2of2
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SUBJECT: GAME ROOM UPDATE
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Code and Police are tasked with ensuring compliance with the regulations. The Tarrant County
Game Room Regulations took effect while both Departments had tasked their personnel with
addressing Covid-19 related issues so minimal attention was spent on Game Rooms. However,
over the past few weeks Police and Code have started enforcement of the new County
regulations. Officers have inspected 47 Game Rooms since July 22nd, resulting in 48 arrests:
Division
Inspections
Arrests
Central
12
4
East
11
10
North
3
4
Northwest
13
20
South
5
9
West
3
1
If you have any questions concerning this information, please contact Senior Attorney Chris
Mosley or Chief Ed Kraus.
David Cooke
City Manager
ISSUED BY THE CITY MANAGER
FORT WORTH, TEXAS