Ord 095-2001 10/2/2001ORDINANCE NO. qk__) -10DI
ORDINANCE AMENDING SECTION 5905 OF APPENDIX B, ZONING
ORDIANCE, OF THE CODE OF ORDINANCES, AND VARIOUS OTHER
SECTIONS AS EACH PERTAINS TO THE REGULATION OF COIN -
OPERATED AMUSEMENT MACHINES; FINDING AND DETERMINING
THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED
WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW.
WHEREAS, the Planning and Zoning Commission has determined that
amendments to Section 5905, and related sections of Appendix B, Zoning Ordinance,
as each pertains to coin - operated amusement machines, are in the public interest, and;
WHEREAS, the City Council concurs with the recommendations included herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
SECTION 1. Section 5905 of Appendix B, Zoning Ordinance is amended in its
entirety and replaced with the following:
5905. Coin - Operated Amusement Machines Establishment Regulations
a. A coin - operated amusement machine shall not be operated within 300 feet of a
church, school, or hospital.
The method of measurement shall be in a straight line from a point from the
nearest machine or machines, to the nearest point of the property line of a
church, school, or hospital.
b. Exceptions:
1. Coin - operated amusement machines within establishments or game
rooms on the premises of religious, charitable, educational, fraternal, or
social organizations for the use of members and their guests and not for
private profit, although a charge is made for playing.
2. Temporary festivals, carnivals, and /or transient shows as regulated by
Chapter 10, Article III, City of Wichita Falls Code of Ordinances.
3. Establishments containing coin - operated amusement machines that are
sexually oriented in nature shall comply with Section 5500.
SECTION 2. Section 2030, Definitions, is hereby amended with strikeout text
being deleted and underlined text being added as follows:
COIN - OPERATED AMUSEMENT MACHINE
Any machine or device of any kind or character which is operated by coins,
tokens, slugs bills, credit or debit cards, for the purpose of dispensing or affording
amusement skill pleasure or redemption as allowed by state law. This definition shall
include, but not be limited to arcade games, video arcade games, pinball machines,
and billiard tables with or without coin operation. This definition does not include
service coin operated machines such as pay toilets and pay telephones, food or
beverage vending machines, or an amusement machine designed primarily for the
entertainment of a child.
COIN - OPERATED AMUSEMENT MACHINES ESTABLISHMENT
An establishment where 50 percent or more of the gross floor area accessible to
patrons is dedicated to the use and operation of coin - operated amusement machines
as defined herein. This definition shall include but not be limited to arcades, pool halls,
and similar facilities.
INDOOR SPORTS AND RECREATION
Uses conducted within an enclosed building. Typical uses include bowling
alleys, billiard pad , ice and roller skating rinks, penny aFGades,
, and indoor racquetball
courts. See Section 5905 for coin - operated amusement machines establishment
regulations.
SECTION 3. Section 6220 Parking Schedule, is hereby amended to add Coin -
Operated Amusement Machines Establishment under commercial uses and add 1
space per 125 s.f. g.f.a. under minimum off - street parking requirement.
SECTION 4. Coin - Operated Amusement Machines Establishment as regulated
by Section 5905 shall be added to the list of commercial uses, under permitted uses,
within Sections 3470, 3530, and 3600 of the General Commercial, Light Industrial, and
Heavy Industrial zoning districts respectively.
SECTION 5. Video Game Arcade as regulated by Section 5905 shall be deleted
from the list of Conditional Uses within Sections 3280, 3480, 3540, 3730 and 3805 of
the Residential Mixed Use, General Commercial, Light Industrial, River Development
District, and Central Business District zoning districts respectively.
SECTION 6. It is hereby officially found and determined that the meeting at
which this ordinance was passed was open to the public as required by law.
SECTION 7. Coin operated machines in use on October 2, 2001, not in
conformance with this ordinance shall be permitted to continue.
SECTION 8. Due to potential adverse effects on public health, safety, and
general welfare, this ordinance shall be determined an emergency, and shall become
effective immediately upon its passage.
PASSED AND APPROVED this the 2 "d day of October, 2001.
MAYOR
ATTEST:
•
Affidavit of Publication
THE STATE OF TEXAS
COUNTY OF WICHITA 1419618
On this 19th day of November 2001 A.D appeared before me,
the undersigned authority, Saundra Barnett, bookkeeper for the Times Publishing
r, ---tpany of Wichita Falls, publishers of the Wichita Falls Times/Record News, a
ORDINANCE NO. paper published at Wichita Falls in Wichita County, Texas, and upon being
ORDINANCE AMENDING SEC-
sworn by me, on oath states that the attached advertisement is a true and
TION 5905 OF AP
Z U N" G -
E D I'- 'ct copy of advertising published in one ( 1 ) issues thereof on the following
COD OF THE
CODEE OF ORDI-
i. November 18`h,2001.
O
NANCES, AND
VARIOUS OTHER
SECTIONS AS
EACH PERTAINS
TO THE REGULA-
TION OF COIN-OP-
ER A T E D
AMUSEMENT MA-
CHINES. •
ORDINANCE NO.
96-2001
ORDINANCE Saundra Barnett
AMENDING AP-
PENDIX B,zO N- Bookkeeper for the Times Publishing
ING ORDINANCE
SECTION 5600 RE- Company of Wichita Falls
GARDING RECRE-
A T IONAL
VEHICLE PARKS
AND RELATED
DEFINITIONS
THEREIN; RETI-
TLING CHAPTER
82,ARTICLE VI OF
THE CODE OF OR- I) Subscribed and sworn to before me this the day and year first above written:
DINANCES.
ORDINANCE NO.
98-2001
ORDINANCE
THH CITY E CITY
COUN-
CIL OF THE CITY
OF WICHITA
FALLS, TEXAS,
AMENDING CHAP-
TER 22 OF THE
CODE OF ORDI- ,
NANCES TO PRO-
VIDE FOR n ,�
CERTAIN CHANG-
ES IN REGULA-.
TIONS FOR THE V,
LICENSING AND
BONDING OF CON- C"/
TRACTORS;DE-
CLARING AN
EMERGENCY.
ORDINANCE NO.
100-2001
ORDINANCE RE-
VISING CHAPTER
90 SOLID WASTE .S
TO REFLECT THE •`
CONVERSION OF
MANUAL CURB-
SIDE SERVICE TO
AUTOMATED CON-
TAINER SERVICE
ORDINANCE NO.
101-2001
ORDINANCE SET-
T ING T H E
CHARGE FOR 10
CUBIC YARD
ROLL-OFF CON-
TAINER REFUSE
SERVICE