HomeMy WebLinkAboutOrdinance 21499-10-2014 ORDINANCE NO. 21499-10-2014
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE
CITY OF FORT WORTH, BEING ORDINANCE NO. 13896, AS
AMENDED, CODIFIED AS APPENDIX "A" OF THE CODE OF THE
CITY OF FORT WORTH, BY AMENDING CHAPTER 4 "DISTRICT
REGULATIONS" TO AMEND ARTICLE 3 "PLANNED DEVELOPMENT
("PD") DISTRICT" TO ADD GAME ROOMS IN SECTION 4.305; TO
AMEND SECTIONS 4.800 "NONRESIDENTIAL DISTRICT USE TABLE"
AND 4.1200 "FORM BASED DISTRICTS USE TABLE" TO ADD GAME
ROOMS BY PLANNED DEVELOPMENT DISTRICT; TO AMEND
CHAPTER 9, "DEFINITIONS", SECTION 9.101, "DEFINED TERMS" TO
ADD DEFINITIONS RELATED TO GAME ROOMS; PROVIDING THAT
THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION;
AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City is expressly authorized to regulate game rooms operating
amusement redemption machines such as eight liners by virtue of being a home rule
municipality; and
WHEREAS, zoning game rooms is a legitimate and reasonable means of regulation to
ensure that operators of game rooms do not knowingly allow their establishments to be used as
places of illegal activities such as gambling, personal and property crimes; 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, particularly when located within close proximity to
each other, contributing to urban blight and downgrading the quality of life in the adjacent area;
and
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.
Section 4.305.C.6. Game rooms
Ordinance No.21499-10-2014
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH, TEXAS:
SECTION 1.
Chapter 4, "District Regulations", Article 3, "Planned Development ("PD") District,
Subsection 4.305.C. "Specified Commercial Uses Permitted in "PD" District only" of Ordinance
No. 13896, the Zoning Ordinance of the City of Fort Worth, is hereby amended to add number 6
"Game rooms" as a use to read as follows:
4.305 Uses
C. Specified Commercial Uses Permitted in "PD" District Only
6. Game rooms
Game rooms shall only be considered in existing Light Industrial ("I"),
Medium Industrial ("J") or Heavy Industrial ("K") districts and the use must
then be approved as a Planned Development ("PD") District. A person,
including the manager, operator or owner of a game room, commits an offense
if he or she operates or permits the operation, or establishment of a game
room in any other zoning district. Additional development controls shall be
required, as follows:
a. No game room shall be located within 1,000 feet of a residential use or
residential district, church, school, or hospital. The distance shall be
measured in a straight line without regard to interfering objects or
structures from property line to property line or property line to district
boundary, whichever is more restrictive.
b. No game room shall be located within 1,000 feet of any other game room
from property line to property line.
c. Each entrance to a game room shall be marked with a sign that:
i. bears the word "GAME ROOM" in six inch or larger black block
letters; and
ii. is legible from a distance of 25 feet.
d. Every game room shall provide transparent glass in at least one exterior
game room window with a dimension of at least four feet in width and
four feet in height and shall not cover or otherwise block or obscure the
view through a game room window by the use of drawn shades, blinds,
partitions, tinting or other structures or obstructions. The window shall
allow a clear, unobstructed view of the manager station and all amusement
redemption machines in the game room.
e. The sale, purchase, possession or consumption of any alcoholic beverages
as defined by the Texas Alcoholic Beverage Code shall not be permitted
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unless the premises is licensed under the provisions of said code for the
sale,purchase, or possession of alcoholic beverages.
f. Every game room shall be limited to a maximum of 30 amusement
redemption machines.
g. Only one game room shall be allowed on any lot or in any single building,
structure or tenant space in a strip center.
h. Only one game room shall be permitted on any platted lot or in any
building, structure or strip center.
i. Game rooms are limited to the operation of amusement redemption
machines; gambling devices shall not be allowed.
j. a site plan, landscape plan and floor plan of the game room interior shall
be submitted in addition to any other plans that may be required by the
city's ordinances, drawn to scale and sealed by a professional engineer or
professional architect licensed by the state depicting the layout of the
game room interior specifically including, but not limited to, the location
of all amusement redemption machines, the manager's station(s), restroom
facilities, kitchen and bar facilities, if any, and all areas to which patrons
will not be permitted;
k. Existing game rooms shall comply with the requirements of this section
within ninety (90) days of the effective date of these regulations.
1. One designated parking space shall be provided for each two amusement
redemption machines within the game room, plus one additional parking
space for each employee per shift.
m. The Board of Adjustment shall not grant any variances to the requirements
of this section.
SECTION 2.
Chapter 9, "Definitions" of Ordinance No. 13896, the Zoning Ordinance of the City of
Fort Worth, Section 9.101, "Defined Terms" is hereby amended to add definitions for game
rooms, amusement redemption machines to read as follows:
9.101 Defined Terms
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,
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and that record the number of free games or credits so awarded and the cancellation or removal
of the free games or credits.
Amusement Redemption Machine means any electronic, electromechanical, or mechanical
contrivance, including sweepstake machines, designed, made, and adapted solely for bona fide
amusement purposes, and that by operation of chance or a combination of skill affords the user,
in additional 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 Section 47.01(4)(b) of the Texas Penal Code. 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 similar machines; nor
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 upon
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.
Game room means a building, facility or other place where one or more amusement redemption
machines are present.
SECTION 3.
Chapter 4, Article 8, of Ordinance No. 13896, the Zoning Ordinance of the City of Fort
Worth, Section 4602, "Non-Residential District Use Table" is hereby amended to revise section
"Entertainment and Eating", to add the use "Game rooms", add "PD" under "I" Light Industrial,
"J" Medium Industrial and "K" Heavy Industrial District columns for the use and add a reference
to 4.305.0 under the Supplemental Standards column.
SECTION 4.
This ordinance shall be cumulative of all other ordinances of the Code of the City of Fort
Worth, Texas (1986), as amended, affecting zoning and shall not repeal any of the provisions of
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such ordinances, except in those instances where provisions of such ordinance are in direct
conflict with the provisions of this ordinance.
SECTION 5.
That all rights or remedies of the City of Fort Worth, Texas, are expressly saved as to any
and all violations of Ordinance Nos. 3011, 13896, 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 or criminal, same shall not be affected by this ordinance but may be
prosecuted until final disposition by the courts.
SECTION'6.
That 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 void, ineffective or
unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such
voidness, ineffectiveness or unconstitutionality shall not affect any of the remaining phrases,
clauses, sentences, paragraphs or sections of this ordinance, since the same would have been
enacted by the City Council without the incorporation herein of any such void, ineffective or
unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 7.
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 Two Thousand Dollars ($2000.00) for each offense. Each day that a
violation is permitted to exist shall constitute a separate offense.
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SECTION 8.
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
authorized by Section 52.013, Texas Local Government Code.
SECTION 9.
This ordinance shall take effect after adoption and publication as required by law.
APPROVED AS TO FORM AND LEGALITY:
C
Melinda Ramos, Assistant City Attorney Mary Ka et-/( it //'Sect tary
Adopted: October 14, 2014
Effective: October 23, 2014
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