Batavia council approves video-gaming permit for Gammon Coach House after heated debate

The Batavia City Council narrowly approved a conditional use permit allowing Gammon Coach House to install five video game terminals at 3 South Batavia Avenue, voting 8–6 after a contentious public hearing and extended council discussion.

Supporters, including owner John With, said the permit would level the playing field with other downtown businesses that already offer gaming and help keep the long-running neighborhood restaurant solvent. “All’s I’m looking for is to have the same opportunity as all of the other places that have gaming,” With said, describing investments he made to separate the gaming room from dining areas and to address adjacent property concerns.

Opponents — backed by police and planning staff — voiced legal and proximity concerns. Police Chief Flowers told council the department had two primary concerns: whether the proposed location complied with the Video Gaming Act’s 100-foot separation requirement from schools and places of worship and whether the gaming area met the city code’s requirement to be within the continuous view of an employee. “Our concerns were that we did not believe that it was compliance with the Video Gaming Act and that it was closer than 100 feet to a school or place of worship,” Flowers said.

Zoning staff and the city attorney confirmed the state gaming board had issued a license finding the location outside the 100-foot buffer, but staff said that interpretation differed from the city’s reading and the Planning Commission’s memo. Council members also reported contacts from pastors and congregational leaders who said ministry activities and youth programs take place in nearby buildings and therefore should be considered in proximity calculations.

Council debated two procedural options: one motion would have sent the application back to the Planning Commission for further fact-finding on where worship and ministry activities occur and how to measure the 100-foot buffer; another motion would approve the conditional use permit. The motion to refer failed on a 7–7 tie after Mayor Shelkey cast the deciding vote against referral. Council then moved to approve the permit on the ordinance vote, 8 in favor and 6 opposed.

The council also placed several conditions on the permit consistent with city code and police recommendations, including limits on exterior advertising and locating gaming in a dedicated room apart from dining areas. The applicant said he had paid for surveys and legal counsel at the state level and would comply with local conditions.

With the approval, Gammon Coach House may proceed under the conditional use permit and state license. Several council members said the episode revealed gaps in the city’s local ordinance and measurement rules and urged staff to bring a clarified policy and possibly ordinance language to council in the coming months to avoid similar disputes.