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HomeMy WebLinkAboutOrdinance 27222-10-2024ORDINANCE NO.27222-10-2024 AN ORDINANCE AMENDING CHAPTER 20, LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS OF THE CODE OF THE CITY OF FORT WORTH (2015), AS AMENDED, BY REPEALING ARTICLE II, "AMUSEMENTS", DIVISION 6, "GAME ROOMS AND AMUSEMENT REDEMPTION MACHINES", AND AMENDING CHAPTER 23, "OFFENSES AND MISCELLANEOUS PROVISIONS" TO ADD A SECTION TO PROHIBIT AMUSEMENT REDEMPTION MACHINES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on October 14, 2014, the City Council adopted Ordinance No. 21500-10- 2014 adopting licensing regulations for game rooms and amusement redemption machines in the City of Fort Worth; and WHEREAS, in City of Fort Worth v. Rylie, Court of Appeals Second Appellate District of Texas No. 02-17-00185-CV, the Second Court of Appeals of Texas, Fort Worth, found that electronic gaming machines, the amusement redemption machines that includes games that are more commonly referred to as "eight -liners", were unconstitutional because they are illegal lotteries as they require consideration for a chance to win a prize, and that city ordinances regulating such machines were not preempted by the Texas Occupation Code; and; WHEREAS, game rooms that operate amusement redemption machines, such as but not limited to eight liners, can have a deleterious effect on both the existing businesses around them and the surrounding residential areas adjacent to them, causing increased crime, such as gambling, theft, criminal trespass, criminal mischief, and burglary; and WHEREAS, game rooms that operate amusement redemption machines have objectionable operational characteristics contributing to urban blight and downgrading the quality of life in the adjacent area; and Ordinance No.27222-]0-2024 Page] of6 WHEREAS, the City Council desires to minimize and to control these adverse effects and thereby protect the health, safety, and welfare of the citizenry; protect citizens from increased crime; preserve the quality of life; preserve property values and character of surrounding neighborhoods and deter the spread of urban blight; and WHEREAS, the City Council of Fort Worth has determined that it is in the best interest of the public health, safety, and general welfare to prohibit the operation of said electronic gaming devices within the City of Fort Worth; and WHEREAS, the City Council is repealing Division 6 of Chapter 20, Article II to remove such provision in its entirety from the City Code and amending Chapter 23 to add a section prohibiting amusement redemption machines from operating in the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION L That Chapter 20, "Licenses and Miscellaneous Business Regulations," Article II, "Amusements," Division 6, "Game Rooms and Amusement Redemption Machines" of the Code of the City of Fort Worth, Texas (2015), as amended, is hereby repealed in its entirety. SECTION 2. That Chapter 23, "Offenses and Miscellaneous Provisions" of the Code of the City of Fort Worth, Texas (2015), as amended, is hereby amended to add section 23-22 prohibiting certain amusement redemption machines, to read as follows: See. 23-22 Certain Amusement Redemption Machines Prohibited (a) The following words, terms, and phrases when used in this section, shall have the meaning ascribed to them in this section, exception where the context clearly indicates different meaning: Amusement Redemption Machine. Any electronic, electromechanical or mechanical contrivance, including sweepstakes machines, designed, made, and adapted solely for Ordinance No. 27222-10-2024 Page 2 of bona fide amusement purposes, and that by operation of chance or a combination of skill and chance affords the user, in addition to any right of replay, an opportunity to receive exclusively non -cash merchandise prizes, toys or novelties, or a representation of a value redeemable for those items and is in compliance with Texas Penal Code section 47.01(4)(b). Amusement Redemption Machine does not include: (1) A machine that awards the user non -cash merchandise prizes, toys or novelties solely and directly from the machine, including claw, crane or other similar machines; or (2) A machine from which the opportunity to receive non -cash merchandise prizes, toys or novelties, or a representation of value redeemable for those items, varies depending on the user's ability to throw, roll, flip, toss, hit or drop a ball or other physical objects into the machine or a part thereof, including basketball, golf, bowling or similar machines. A representation of value means cash paid under authority of sweepstakes contestants as provided by the Texas Business and Commerce Code Section 43, or a gift certificate or gift card that is presented to a merchant in exchange for merchandise. City Official. A police officer, code enforcement officer, fire marshal or building official of the City. Gambling device means any electronic, electromechanical, or mechanical contrivance 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 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. Game Room. A building, facility or other place where Amusement Redemption Machines or Gambling Devices are present. (b) Restrictions, regulations, controls and limitations. Ordinance No. 27222-10.2024 Page 3 of 6 (1) It shall be an offense for any person, firm, or corporation to maintain, display for patronage or otherwise keep for operation by the patrons any Amusement Redemption Machine or Gambling Device. (2) No person, firm, or corporation shall operate a Game Room within the City limits, nor shall Game Rooms be permitted in any zoning district. (3) Nothing contained herein shall be construed or have the effect to license, permit, authorize or legalize any existing or future machine, device, table, amusement redemption machine, gambling device or gaming machine, the keeping, exhibition, operation, display or maintenance of which is illegal or in violation of any ordinance of the city, any section of the penal code of this state, or the constitution of this state. (c) Enforcement. (1) In addition to prohibiting certain conduct by individuals, it is the intent of this section to hold a corporation or association criminally responsible for prohibited conduct performed by an agent acting on behalf of a corporation or association and within the scope of the agent's office or employment. (2) The City of Fort Worth Municipal Court shall have the power to issue to the City Official or their designee search warrants, or other process allowed by Iaw, where necessary to aid in enforcing this section. (3) A person who violates any provision of this section is guilty of a separate offense for each day or portion of a day during which the violation is continued. Each offense is punishable by a fine in accordance with applicable law. (4) This section may be enforced by civil court action as provided by state and federal law. (5) In addition to the criminal offenses and penalties prescribed in this section, the City may pursue other remedies such as abatement of nuisances, injunctive relief, administrative adjudication and revocation of licenses or permits. Any person found guilty of violating the provisions of this section shaII become liable to the City for any expense, loss, or damage incurred by the City by reason of remediating such violation. Ordinance No. 27222-10-2024 Page 4 of SECTION 3. That this ordinance shall be cumulative of aII provisions of ordinances and of the Code of the City of Fort Worth, Texas (2015), as amended, except where provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which the conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 4. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of the ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 5. All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of the City Code, or any amendments thereto that have accrued at the time of the effective date of this ordinance; and as to such accrued violations, and all pending litigation, both civil and criminal, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 6. That any person, firm, or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Five Hundred Dollars ($500.00) for each offense. Each day that a violation exists shaII constitute a separate offense. That the City Secretary of the City of Fort Worth, Texas, is hereby directed to publish this ordinance for two (2) days in the official newspaper of the City of Fort Worth, Texas, as Ordinance No. 27222-10-2024 Page 5 of 6 authorized by the Texas Local Government Code Subsection 52.013. SECTION S. This ordinance shall take effect and be in full force and effect from and after its adoption, and publication as required by law. APPROVED AS TO FORM AND LEGALITY: *0�"w Melinda Ramos, Deputy City. Attorney ADOPTED: Octoberl5, 2024 EFFECTIVE: November 1, 2024 ATTEST: Jannette S. Goodall, City Secretary Ordinance No. 27222-10-2024 Page 6 of