City nixes proposed moratorium on arcades

The City Commission tabled action Tuesday that called for a moratorium on issuing permits for gaming arcades.

“The issue dies,” Mayor Pat M. Ahumada Jr. said after his motion to approve a model ordinance reviewed by City Attorney Jim Goza died.

Goza’s intent, however, was only to jump-start discussions as a prelude to a workshop.

The commission did not hold a workshop on the subject as initially planned. A workshop could be held in the future, but a date was not established.

Goza told the commission that a moratorium would only serve as a “temporary stop-gap measure.”

He also said that the city could run into problems with addressing only arcade gaming rooms and not other businesses that also have the machines and other coin-operated devices, such as pool tables.

“That was not our intention,” said Commissioner Charlie Atkinson, who has vehemently opposed police recommendation to not approve eight-liner facilities.

After the meeting, Werner Dramberger with Lucky Spin arcades, which have been in operation for nearly seven years, said that his arcades do not pay cash.

“I have personally been in arcades that do pay cash,” Dramberger said, adding that these have been closed down by the police department. “I commend the chief (of police) for taking action in enforcing the law.”

The ordinance that Goza reviewed during the meeting was adopted in a community with a population of 800 and was recommended by the Texas Municipal League.

It would apply to any type of a facility where 25 percent of its space is devoted to video arcade machines.

It calls for:

— Payment of an occupation tax for each machine by the owner of the machines to the city. The tax would be equal to one-half of the tax that the state levies for each machine. Goza said that the city could decide to charge a higher tax also.

— The machines could not be left unattended at any time.

— In new facilities that would not be grandfathered, the machines would have to be fully open and in public view. They would have to be seen through windows from the outside.

— Machines in movie theaters could not be partitioned from view and would have to be visible from the inside.

— The hours of operation would be limited during the workweek and weekend. They could only be opened until midnight Mondays through Thursdays, until 2 a.m. Fridays and Saturdays and to midnight on Sundays.

— In addition to the occupation tax, operating licenses would be required. These would be renewed annually and the fee would depend on the number of machines. The licenses could not be transferred to any other person.

— Facilities could not be located within 1,000 feet of a church, residence or school, up from the present 200-foot requirement.