Port Lavaca proposes new laws on gambling and housing

During a regular meeting held March 9, Port Lavaca City Council approved first readings of multiple ordinances, which would limit the proliferation of amusement centers and unlicensed multi-individual housing within Port Lavaca.

One new ordinance, approved unanimously by council on first reading, will prevent amusement centers with more than six gambling machines from operating within 500 feet of churches, schools, hospitals and daycare centers. This follows in the wake of several inquiries regarding the opening of amusement centers being sent to the city, said Port Lavaca Development Services Director Derrick Smith.

"We’re allowing a legal amusement center to operate with more than six machines even if it is for profit, but the council agreed that there needed to be more of a buffer between them. We didn't want a whole strip mall full of amusement centers," Smith said.

Alongside the increase in distance, the new ordinance would remove the difference in regulation for nonprofit and for-profit amusement centers, Smith said. The ordinance is also set to remove the limit of six machines per amusement center.

"They have to leave enough room to operate them. There was no limit to machines for nonprofits, and these guys were trying to come in here and claim nonprofit so they could have more than six machines. I went to council and said ‘They're getting nonprofit status and getting all these machines, so why regulate it anyways?’ An amusement center means they have more than 25% with those types of machines, so like the convenience stores that have four or five of them in there, that's not 25% of them so that's not an amusement center," Smith said. "If they have more floor space, they can add more [machines]. But they still have to have room for the occupants as well and they still have to have room for emergency egress and all that. They still also need to meet the building code."

It also follows a workshop wherein council members discussed the dangers posed by amusement centers.

“Have we had any issues recently with criminal activity in these facilities?” council member Daniel Aguirre asked. “It’s their money, and I don’t want to tell people what to do with it.”

“No, but they’re just getting here,” council member Rosie Padron said.

“They take advantage of people and then there’s the criminal element to consider,” Port Lavaca City Attorney Anne Marie Odefey said.

Smith also stated that the new ordinance would not impact gaming machines unrelated to gambling.

“You could come in and do a big arcade thing for the kiddos and this ordinance would not apply to that,” Smith said. “The machines we’re talking about specifically are not including things like pinball machines, claw machines, foosball tables, pool tables, the skilled games. It also does not include paid telephones, coin-operated rides for kids or vending machines. It mainly impacts the random number generator machines.”

Also, council approved in a five to one vote a new ordinance on first reading that would limit congregated unrelated multi-individual living facilities, with council member Justin Burke voting against. The ordinance follows several complaints received by the city and would attempt to limit the number of residential homes being rented out to several unrelated individuals.

“I’ve had a lot of them since I’ve been here,” Smith said. “I’ve found homes where there’s 16 people living in it. There were people living in the dining room and living room. There was a fire last year and luckily, no one got hurt, but it was supposed to be a single-family home and they turned it into an unsafe boarding home. They basically make it unsafe for the tenants and the firemen who are supposed to go in.”

The new ordinance would require an annual permit to operate these facilities, limit the number of tenants to a maximum of four and require a minimum of 150 square feet per individual to operate. It would also require these facilities to have one parking space per bedroom and would require each space to be surfaced with approved hard, dustless materials maintained in “good condition,” Smith said. He also clarified that the intentions of the new ordinance were designed to protect the city.

“It’s not that we’re supposed to be governing these properties, it’s just that we want them to be safe,” Smith said.

A second ordinance, with its first reading approved three to two, with it opposed by Aguirre and Padron, removed the fees for a permit and necessary inspection, but would add a $2,000 fine for any violations of fire safety, public health or sanitation and a $500 fee for all other offenses, by permit holders. According to the ordinance, a separate offense would occur each day or part of a day that the violation is committed.

“It’s mostly about the permitting fee. I don’t think people are willingly going to sign up if we’re going to charge them to do so,” Burke said.

The housing ordinances received pushback and support from attending members of the community who spoke during public comments. 

Port Lavaca resident Luis De La Garza spoke against the regulation, stating that the city should address its ongoing wastewater treatment plant issues.

“I think there’s a tremendous amount of questions on this. If you see three cars out there on the weekend, is that a possible complaint from a family gathering? I think it just turns, I think, into a lot more work for code enforcement that I believe already has their wheelbarrow pretty full,” De La Garza said. “I think we need to put a pause on this until we can get our arms around our city sewer problem. But I think that’s a great problem to have, because it means we’re growing. Are we going to say we’re closed for business?”

Meanwhile, resident Felicia Harral argued for stronger regulations, citing concerns about public safety and the impact of unmonitored individuals renting rooms within neighborhoods.

“You’re talking about safety, but haven’t touched on what it does to the community itself. These are places where people thought to bring their families up in these little homes. These are usually not community members renting these,” Harral said. “They are destroying these neighborhoods for the families living there, and the neighborhoods slowly go down and down because people don’t want to bring their families here. There are plenty of them that are three-bedroom homes that have six people living there.”

Following a closed session, Port Lavaca City Council also voted unanimously to provide a 2% merit raise to Port Lavaca City Manager Jody Weaver. According to Bland-Stewart, the increase was due to her continued “awesome” performance.

“She’s awesome. I think she’s doing a wonderful job. She’s doing a great job, she works a lot of hours, she doesn’t complain, I think she’s awesome,” Bland-Stewart said.

For more information on Port Lavaca City Council and to see both agendas and future meeting schedules, visit www.portlavaca.org/city-government/city-council. Port Lavaca City Council meets at Port Lavaca City Hall at 6:30 p.m. on the second Monday of each month.