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Council adopts ordinance banning amusement redemption machines after Texas appellate ruling
Summary
The Orange City Council adopted an ordinance amending city code to prohibit amusement redemption ("skill/lottery") machines in game rooms, citing a Fort Worth appellate court ruling that machines with chance elements are unconstitutional under Texas law.
The Orange City Council voted to amend the city code to prohibit amusement redemption machines (commonly called “amusement redemption” or “skill/lottery” machines) in game rooms across the city.
City staff and legal counsel framed the ordinance as a response to a Fort Worth-based court of appeals decision that concluded certain coin-operated machines include an element of chance and therefore run afoul of Texas law. Council members and staff said the Supreme Court of Texas declined to grant review in that case, making the appellate ruling effective for Texas jurisdictions.
The ordinance amends Chapter 4, Business and Commerce, Article 4.17 of the Orange Code of Ordinances and includes standard severability and penalty clauses. City staff said a follow-up zoning amendment will prohibit such machines by zoning district and that other cities are taking similar steps following the appellate decision.
Council approved the ordinance on final reading with unanimous roll-call votes.
The ordinance will become effective as provided in its terms and staff said officials will coordinate enforcement and any necessary public notice to local businesses.
