STATE OF TEXAS 3 June 10, 2025 COUNTY OF ORANGE 3 - BE IT REMEMBERED THAT a Special Call Meeting of the City Council of the City of Orange, Orange County, Texas, was held in the City Council Chambers (Orange Public Library Auditorium) on Tuesday, June 10, 2025. COUNCIL MEMBERS PRESENT: Larry Spears Jr. Mayor Brad Childs Mayor Pro-Tem Matt Chandler Council Member Mary McKenna Council Member George T. Mortimer Council Member COUNCIL MEMBERS ABSENT: Terrie T. Salter Council Member Paul Burch Council Member STAFF MEMBERS PRESENT: Michael Kunst City Manager Jay Trahan Assistant City Manager, Director of Economic Development Patricia Anderson City Secretary Jennifer Pool Deputy City Secretary Lane Martin Chief of Police Adam Jack Director of Public Works Kelvin Knauf Director of Planning and C O m m u n i t y Development Wendy Lloyd Planning Secretary John-Dee Taylor Enforcing Officer Teddy Hilyar Enforcing Officer Marvin Benoit Building Official Jake Travis IT Technician Guy Goodson City Attorney STAFF MEMBERS ABSENT: None Mayor Spears called the meeting to order at 5:44 p.m. CITIZEN COMMENTS Faheem Khuwaja, 603 N. 16th Street, advised the following on gaming machines: the Fort Worth court case is not binding in Orange the decision did not come from the Supreme Court the City of Beaumont's Attorney advised the machines are not illegal Special Call Meeting 2 June 10, 2025 asked that the City wait and see what other bigger cities do first Orange is a small city and the State is giving licenses to operate asked that the City table the Ordinance like the City of Beaumont did Tiffany Green, 219 Knox Avenue, advised she wished there were more things to do in the City of Orange andi that everyone would come together to make everything better for everyone. She asked Council not to take the machines away. ORDINANCES FIRST READING: ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ORANGE, TEXAS AMENDING THE ORANGE CODE OF ORDINANCES, CHAPTER 4 BUSINESS AND COMMERCE" ARTICLE 4.1700 "GAME ROOMS" IN ITS ENTIRETY BY PROHIBITING AMUSEMENT REDEMPTION MACHINES AND GAME ROOMS WITHIN THE CITY OF ORANGE; REPEALING ALL ORDINANCES INCONFLICTWITH THIS ORDINANCE; PROVIDING, ASEVERABILITYCLAUSE; PROVDINGAPENALTYA CLAUSE; PROVIDINGANEFFECTIVE DATE; AND OTHERMATTERS. Mayor Spears advised they heard from the Planning and Zoning Commission and asked if there were any questions from the Council Members. (There were no questions) Mayor Spears advised he was unsure as to how they were going to handle this Ordinance. He advised that he felt Council did not fully understand the situation at hand and this was an Ordinance that is being handed down from the State. He advised that if other entities have not enforced this yet and if entities are still being allowed to receive permits/licenses he was unsure as to howthe City of Orange can effectively say someone can not do this here; other people are not following suit. Mayor Spears advised this is just his comments, and that he knows it is going to come and it is going to happen. Mayor Spears advised that it is now time for Council to decide for the members that are present. He further advised, he understands this is a source of income for the business owners and give others something to do. He advised it is time for Council to decide ift they want to wait and see what Texas Legislature comes up with or make a decision tonight, and he asked for a motion or to table. Mayor Pro-Tem Childs asked if we knew when the State would push it down. Mr. Kunst advised the State Legislature would not meet for another two years. Mayors Spears thanked the Planning and Zoning for its recommendation. Mayor Spears asked for a motion to approve the Ordinance. A motion was not made. The Ordinance failed due to a lack of a motion. FIRST READING: ORDINANCE OF THECITYCOUNCIL OF THE CITY OF ORANGE, TEXASAMENDING THE CITY OF ORANGE CODE OF ORDINANCES CHAPTER 12 PLANNING AND ZONING SECTION 12.502 DEFINITIONS" BY ADDING A DEFINITION FOR AMUSEMENT REDEMPTION MACHINES", ADDING A DEFINITION FOR "GAMBLING DEVICE, AND ADDING A DEFINITION FOR "GAME ROOMS", AMENDING CHAPTER 12 PLANNING AND ZONING" SECTION 12.608 "LAND USE MATRIX" BY PROHIBITING AMUSEMENT REDEMPTION MACHINES AND/OR Special Call Meeting 3 June 10, 2025 GAME ROOMS IN/ ANY ZONING DISTRICT; AMENDING ORDINANCE 2016-15BY PROHIBITING AMUSEMENT REDEMPTION MACHINES AND/OR GAME ROOMS IN THE MUZD-MIXED USE ZONING DISTRICT; AMENDING ORDINANCE 2022-14 BY PROHIBITING AMUSEMENT REDEMPTION MACHINES AND/OR GAME ROOMS IN THE MUZD-MIXED USE ZONING DISTRICT; AMENDING ORDINANCE 2022-15 BY PROHIBITING AMUSEMENT REDEMPTION MACHINES AND/OR GAME ROOMS IN THE MUZD-MIXED USEZONING DISTRICT; AMENDING ORDINANCE 2023-20 BY PROHIBITING AMUSEMENT REDEMPTION MACHINES AND/OR GAMEI ROOMS IN THE MUZD-MIXED USE ZONING DISTRICT; REPEALING ALL ORDINANCES IN CONFLICT WITH THIS ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND OTHER MATTERS. Mayor Spears asked for a motion to approve the Ordinance. A motion was not made. The Ordinance failed due to a lack of a motion. Mr. Knauf advised that he was unsure as to where this action leaves the City. He advised when the Texas Supreme Court made its ruling, the City relatively put the Ordinance on hold and did not issue sticker fees or stickers for the gaming machines. He advised they also put all applications on hold until they knew what the Texas Supreme Court was going to do and when the Supreme Court declined to hear the appeal, that is when this ordinance was brought forth. Mr. Knauf advised since no action is being taken, he needs direction as to how to proceed in regards to game rooms. He also advised contact was made with the Texas Controller's Office about issuing permits and stickers and they advised they just issue the permits and collect the money; they do not enforce State law. Mayor Spears advised we would need to discuss at another meeting and maybe ifwe have the other two Council Members in attendance, we may receive a motion. Mr. Knauf advised we may have to start the process all over again, if we do not meet the required deadlines. Mayor Spears requested to add this on the agenda in two weeks. He also advised no one to take this lack of action personal and he thanked everyone for attending the meeting. ADJOURNMENT There being no further business before the Council, Council Member Chandler moved to adjourn the meeting. Second to the motion was made by Mayor Pro-Tem Childs which carried unanimously. The meeting adjourned at 6:02 p.m. Larry Spéars Jr. ATTEST: 1 Patricia Anderson, City Secretary