In light of the game room bust operation that was conducting in November by the Levelland Police Department and Hockley County Sheriff s Office, the Levelland City Council placed a 90-day moratorium to reexamine the game room licensing resolution.
During Monday’s meeting, the council unanimously agreed to place a temporary moratorium in issuing any license for the operation of any amusement redemption machine game room under Article 4.100 of the Levelland Code of Ordinances.
For Resolution No. 2022-46, City Manager Brandon Anderson explained that the council felt it is important to analyze the current ordinance regulating game rooms and bring forth suggested changes to council prior to issuing new licenses or permits inside the city limits of Levelland.
Anderson explained that the 90-day moratorium will allow the appropriate time to accomplish this review and bring the changes to council for the review.
At this current time, all current license and permits have been revoked and notification letters have been sent and posted.
In attendance was City Attorney Matt Wade who answered several questions and concerns the council had.
Council Members Breann Buxkemper and Michael Stueart added that when the resolution was discussed a first time they felt behind the curve and was reactive more than proactive. Buxkemper also added that the moratorium will allow the council to rid the resolution of any loopholes and make the process more concrete.
Council Member Jim Myatt asked if the goal was to place tighter restrictions on businesses such as game rooms and Anderson explained that the process would allow council to reaffirm the wording, any loopholes and make the resolution stronger.
“I know there are a few concerns or things we want to look at from the land-owning aspect of it with those businesses out there along the highway, but long term, we want to have a strong and ironed out ordinance in place,” explained Anderson.
Council Member Mary Engledow asked if the former game rooms were allowed to return and operate.
Wade explained that each one received a letter notifying them they were in violation and as a result, the city manager can suspend the license.
If they desired, the owners could enter an appeal process that would ultimately end with the decision of the council.
Wade added that the issue is with the people and not the business.
“If there is a different owner, different manager and overall group of people that wanted to apply for a license, as long as they had any prior issue as far as background they could,” said Wade.
He also added that the moratorium puts a hold on that process for the time being to sure the council is satisfied with the overall ordinance to resume the process.
Anderson also added that the council may not need the entire 90-day moratorium if they can come up with a resolution sooner.
Questions have been asked about the location of the game room on College Avenue and how that was possible.
During the passing of the original ordinance, the business had already been established which would allow them to be grandfathered in.
As discussion between the council continued, Stueart asked Wade if the business would have to relocate to an area around Highway 114 if someone did attempt to open the game room.
Wade agreed with the statement and explained that due to someone having to go through the process now would mean they would have to be in the area near the highway.
Myatt also asked what the reasoning was behind the response to justify the suspension of the game rooms licenses.
Wade stated the issue is with the individuals running the game rooms and their connection to the criminal activity they were involved which allowed for the option to terminate the game room licenses.
Buxkemper asked if Wade could clarify why prohibiting game rooms is not an option.
Wade stated it is his opinion that the council cannot prohibit an amusement or redemption machine that is a state statue, there is a state statue in the occupations code that governs those types of business, “There is nothing illegal about the business because in theory Mr. Gattis or Chuckey Cheese is considered a amusement redemption machine,” explained Wade. “It is a legal business and for that reason I cannot say we can’t have them at all. However, we can do some legitimate regulation with legitimate public purpose behind those regulation.”