Council reviews draft ordinance to regulate coin-operated machines, holds public hearing at next meeting

The Texarkana City Council received a staff briefing on a proposed ordinance to amend city code chapters relating to coin-operated machines and gambling-device definitions and did not vote; the council was told the item will return for public hearings and a vote on Aug. 11. City Attorney Jeff Lewis said the city enacted a moratorium on issuing permits for certain coin-operated machines while staff reviewed court decisions and state law. Lewis described the proposed ordinance as creating a new article in code chapter 36, moving permit and inspection oversight to the police department, and adding zoning restrictions that would place machines at least 300 feet from schools, churches and hospitals. Lewis explained the city's intent to distinguish devices of "pure skill" from devices involving chance. “What this ordinance does not do is prohibit, as 1 court of appeals described it, devices that are pure skill,” Lewis said, adding the draft incorporates gambling-device definitions from the penal code and references Texas case law on lotteries. William T. Smith, owner of Super Bingo, told the council he supports the proposed amendment and said illegal gaming has reduced charitable revenue to local charities; Smith said his business has donated more than $2.5 million to charities over the years and offered assistance to the city in implementing the code changes. Lewis said staff proposes a first application window the first week of September and that lifting the moratorium would follow council approval of the ordinance. Planning and zoning recommended a 300-foot distance restriction at its last meeting. The ordinance will be on the council’s August agenda for public hearings and a vote.