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Finally, it appears the city of Fort Worth has clarity on eight-liners, gaming machines, and game rooms.
After 10 years of legal battles, the City has completed the process of amending its zoning and licensing rules to ban what are formally known as “amusement redemption machines.”
Earlier this year, the Texas Supreme Court denied further review, allowing a Second Court of Appeals order to stand holding that gaming devices known as eight-liners or amusement redemption machines are unconstitutional lotteries.
As a result of the denial by the Texas Supreme Court, the city can effectively complete banning gaming devices and game rooms with these gaming devices.
In 2014 the city adopted strict licensing and zoning regulations for game-room and amusement redemption machines. Fort Worth was sued under the theory that city ordinances were preempted by state law.
Following rulings in the trial court and the court of appeals, the Texas Supreme Court granted the city’s petition for review, adopted the city’s argument that its ordinances are not preempted if eight liners are unconstitutional lotteries, and remanded to the Court of Appeals for a determination of whether the machines are indeed unconstitutional lotteries.
On Oct. 15, the City Council adopted an ordinance amending the City Code to repeal the licensing provisions for amusement redemption machines and game rooms.
In November, the Zoning Commission voted to recommend approval of the adoption of a text amendment to the zoning ordinance to repeal the development standards for game rooms and to amend the zoning district land-use tables to clarify that games rooms are not allowed in any zoning district either by right or by a conditional-use permit overlay.
Last week, the City Council voted to approve the zoning text amendment to fully implement the ban of eight-liners and game rooms.
The ban on game rooms and amusement redemption machines goes into effect Jan. 21. Any person or company that violates these ordinances is subject to a fine up to $2,000 for each day the devices are present on a premise but is also subject to injunction and fine, or criminal prosecution.
The City’s Development Services Department will send notices to business owners and persons known to operate game rooms or possess amusement redemption machines. Those subject to the notices will have 45 calendar days to remove the amusement redemption machines and cease the operation of game rooms.