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HomeMy WebLinkAboutOrdinance 21631-02-2015 I it I ORDINANCE NO. 21631-02-2015 i AN ORDINANCE ADOPTING AN ORDINANCE TO ESTABLISH A SCHEDULE I OF FEES FOR DIVISION 6 "GAME ROOMS AND AMUSEMENT REDEMPTION MACHINES", OF ARTICLE II, "AMUSEMENTS" OF CHAPTER 20, "LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS" OF THE CODE OF ORDINANCES OF THE CITY OF FORT WORTH; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. i WHEREAS, on October 14 the City Council adopted Ordinance No. 21500-10-2014 which regulates the conduct of game rooms in the City by establishing a licensing and regulatory process for game rooms and amusement redemption machines; and i WHEREAS, the ordinance provides for the payment of inspection fees, licensing fees and application fees in the amount adopted by the City Council; and i WHEREAS, the Code Compliance staff has studied the cost of providing services and 1 enforcing the regulatory program which was adopted by the City Council; and, f� I WHEREAS, after receiving and reviewing the aforementioned costs, the City Council finds ' I that the fees established are necessary and do not exceed the amount reasonably necessary to provide the services and administer and enforce the regulatory program to which they are related; and, I NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY ; i OF FORT WORTH, TEXAS,AS FOLLOWS: i SECTION 1. f The following fees have been established: ITypes of Fees 1Fee Amount j ual Application License Fee $500 I ' • Cost per Machine $160 I , Certificate of Occupancy Inspection Fee $120 I i on-compliance Re-inspection Fee $200 Pee to Unseal Machine $100 per machine i Game room fee adoption 2015 Ordinance No.21631-02-2015 Page 1 of 2 I I SECTION 2. I This ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth, Texas (1986), as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed. I SECTION 3. l i i It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and, if any phrase, clause, { sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid V 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 j or section. SECTION 4. That 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 V 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. f SECTION 5. This ordinance shall take effect after adoption. APP D AS TO FORM AND LEGALITY By: / Assistant City Attorney Mary Ka"e , ity Secretary I ADOPTED: February 3, 2015 EFFECTIVE: February 3, 2015 i i I� I Game room fee adoption 2015 Ordinance No.21631-02-2015 Page 2 of 2 �I r City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION A°pproved pan 2/3120a15 Ordnance Nosy 21630 OZ 20u75 & 27`631 02 DATE: Tuesday, February 03, 2015 REFERENCE NO.: G-18407 i LOG NAME: 23GAME ROOMS AND AMUSEMENT REDEMPTION MACHINES i SUBJECT: Adopt Ordinance to Establish Fees Related to the Regulation of Game Rooms and Amusement Redemption Machines and Adopt the Attached Supplemental Appropriation Ordinance Increasing Estimated Receipts and Decreasing the Use of Fund Balance in the General Fund in the Amount of i $42,200.00 (ALL COUNCIL DISTRICTS) I I RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached ordinance establishing annual licensing fees and inspection fees for game rooms starting Fiscal Year 2015; and 2. Adopt the attached supplemental appropriation increasing estimated receipts in the General Fund in the amount of$42,200.00 and decreasing the use of fund balance. I DISCUSSION: The purpose of this Mayor and Council Communication is to adopt an ordinance establishing new fees to license and permit game rooms as approved in Ordinance No. 21500-10-2014 (M&C G-18334). The estimated revenues for Fiscal Year 2015 are $42,200,00, and estimated costs of enforcing the game room ordinance are $463,848.10. To partially recoup the cost of adequately regulating game rooms, it is i recommended that the following fees be implemented: Types of Fees Fee Amount nnual Application License Fee $500.00 . Cost per Machine $160.00 ' Certificate of Occupancy Inspection Fee $120.00 Non-Compliance Re-Inspection Fee J$200.00 Fee to Unseal Machine J$100.00 per machine it These fees are being established to recover the cost of providing services, administering the licensing I program and enforcing the regulatory aspects of this program. Code Compliance investigated the internal cost of providing these necessary services, and additionally, conducted a fee study ensuring the fees charged are compatible with fees charged throughout Texas for licensed game room businesses. i 'i The projected revenues will cover the costs associated only with permitted facilities. It is important to note the City will be absorbing the cost of continued enforcement of the game room ordinance for facilities that Logname: 23GAME ROOMS AND AMUSEMENT REDEMPTION MACHINES Page 1 of 2 ¢ i i are not licensed to ensure compliance. The above listed fees would be effective immediately to ensure there is no delay in licensing game rooms that comply with the ordinance already enacted. I I FISCAL INFORMATION /CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations and adoption of the supplemental appropriation ordinance, the revenue anticipations in the General Fund will increase by $42,200.00. The Planning and Development Department will be responsible for the ! collection and deposit of the annual application license, cost per machine and Inspection fees. The Code Compliance Department will be responsible for the collection and deposit of the non-compliance re- i inspection fee and unseal machine fee. FUND CENTERS: TO Fund/Account/Centers FROM Fund/AccountlCenters GG01 462304 0062000 $6,200.00 I GG01 481306 0062000 $32,000.00 i GG01 422506 0239004 $4,000.00 GG01 464884 0239004 $0.00 I CERTIFICATIONS: Submitted for City Manager's Office by: Charles Daniels (6199) Originating Department Head: Brandon Bennett (6345) i Additional Information Contact: Elmer DePaula (7251) I f 1 I 1 f f I I 1 I i I r i i I Logname: 23GAME ROOMS AND AMUSEMENT REDEMPTION MACHINES Page 2 of 2