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Council declines to delay vote after heated debate over 808 West 5th game room
Summary
Council debated a special-use permit for ZZ Amusement at 808 West 5th, with council members raising concerns about underage access, giveaways exchanged for cash and limited enforcement capacity; an amendment to postpone or deny the permit failed in a 2–4 vote and no final approval was recorded in the transcript.
The council heard a staff presentation on a special-use permit request for ZZ Amusement at 808 West 5th, described by the chief building official as a roughly 950-square-foot game room in a general commercial zone with required parking and more than 300 feet from the nearest school or church.
Council member Larry sharply criticized the proliferation of game rooms on 5th Street, saying they encourage drinking and the exchange of prizes for cash and that enforcement resources are insufficient. “You have drinking going on in there. They’re giving away gifts... Now we’re going out back and we’re trading those items for cash,” he said, and urged the council to halt approvals until enforcement capacity was addressed. Staff said they had sent letters to more than 15 entities notifying them of noncompliance and that enforcement steps — cease-and-desist letters, fines and legal referral — are the next options.
A motion was made on the floor to amend the pending approval and not approve the special-use permit until more information was provided; that amendment was seconded and put to a vote. The council reported a vote of 2–4 and the amendment failed. The transcript does not record a subsequent final vote to adopt the ordinance on second reading, and the item is not shown as finally approved in the recorded sequence that follows.
Council members also raised legal risk and litigation concerns after noting that neighboring cities have faced suits related to similar regulations; one member recommended bringing a fuller discussion of legal liability back to a future meeting. The chief building official said the ordinance provides six months for existing game rooms to come into compliance and that staff will work with operators on site-specific solutions when building layouts prevent straightforward compliance.
Next steps indicated in the record are additional staff follow-up and a plan to return the matter for fuller council consideration; no final approval of the special-use permit is recorded in the transcript after the failed amendment vote.
