City Council

ORDINANCE 2025-08

AN ORDINANCE OF THE CITY OF GATESVILLE, TEXAS, AMENDING THE GATESVILLE CODE OF ORDINANCES BY ADDING CHAPTER 3, “PLANNING AND ZONING COMMISSION”; PROVIDING DUTIES AND POWERS; MEETNGS AND QUORUM; RULES AND PROCEDURES; APPLICATIONS; AND AMENDMENTS; REPEALING SECTION 4 OF ORDINANCE 1995-17; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING A SAVINGS CLAUSE.

WHEREAS, the City of Gatesville is a Home Rule Municipality operating under the laws of the State of Texas; and

WHEREAS, the City Council has determined that it would be advantageous and beneficial to the citizens and developers of the City of Gatesville to characterize the Planning and Zoning Commission; and

WHEREAS, defining duties and powers, meetings and quorums, procedures, applications, and amendments; and

WHEREAS, this ordinance is repealing Section 4 of Ordinance 1995-17;

            NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GATESVILLE, TEXAS, THAT:

SECTION 1. The findings set forth in the above preamble to this Ordinance are true and correct and are hereby adopted and incorporated herein by this reference.

SECTION 2. The Code of Ordinances of the City of Gatesville, Texas is hereby amended adding a Chapter 3 “Planning and Zoning Commission” which shall read in its entirety as follows:

            ARTICLE I.  PLANNING AND ZONING COMMISSION

AN ORDINANCE OF THE CITY OF GATESVILLE, TEXAS, AMENDING THE GATESVILLE CODE OF ORDINANCES BY REPEALING SEC. 10-23. FEES FOR BUILDINGS OF CHAPTER 10; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING A SAVINGS CLAUSE.  

WHEREAS, the City of Gatesville is a Home Rule Municipality operating under the laws of the State of Texas; and

WHEREAS, the City Council of the City of Gatesville would like to repeal Sec. 10-23. Fees for buildings due to all fees are listed in Chapter 18; and

WHEREAS, any exemptions for these fees shall be deliberated individually by City Council in a Public Meeting in accordance with the Open Meetings Act.

             NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GATESVILLE, TEXAS, THAT: 

SECTION 1. The findings set forth in the above preamble to this Ordinance are true and correct and are hereby adopted and incorporated herein by this reference.

SECTION 2. The Code of Ordinances of the City of Gatesville, Texas is hereby amended at Chapter 10, Article II, Division 1, “Generally”, Repealing Sec. 10-23. “Fees for Buildings”.

SECTION 3. If any section, subsection, paragraph, sentence, clause, phrase, or word in this Ordinance, or the application thereof to any person or under any circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance, and the City Council of the City of Gatesville, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity.

SECTION 4. It is officially found and determined that the meeting at which this Ordinance was passed was open to the public as required by law, and public notice of the time, place and purpose of this meeting was given as required by law.

SECTION 5. This Ordinance shall become effective immediately upon its passage and approval.

The foregoing Ordinance No. 2025-15 was read the first time and passed to the second reading this 26^th day of August 2025.

The foregoing Ordinance No. 2025-15 was read the second time and passed to the third reading this 9^th day of September 2025.

The foregoing Ordinance No. 2025-15 was read the third time and was passed and adopted as an Ordinance to the City of Gatesville, Texas, this 23^rd day of September 2025.

AN ORDINANCE OF THE CITY OF GATESVILLE, TEXAS, AMENDING THE GATESVILLE CODE OF ORDINANCES BY AMENDING AND REPEALING PORTIONS OF CHAPTER 56 – UTILITIES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING A SAVINGS CLAUSE.

WHEREAS, the City of Gatesville is a Home Rule Municipality operating under the laws of the State of Texas; and

WHEREAS, the City Council of the City of Gatesville would like to amend Sec. 56-16. Variance of terms of chapter; and

WHEREAS, the City Council of the City of Gatesville would like to amend Sec. 56-37. Payment of utility bill by elderly person; and

WHEREAS, the City Council of the City of Gatesville would like to amend Sec. 56-67. Schedule; and

WHEREAS, the City Council of the City of Gatesville would like to repeal Sec. 56-69. Heavy users; 40 percent deposit; and

WHEREAS, the City Council of the City of Gatesville would like to repeal Sec. 56-132. Utility profile information; and

WHEREAS, these sections are outdated and inaccurate and by amending and repealing these sections, it optimizes the City’s Code of Ordinances.

            NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GATESVILLE, TEXAS, THAT:

SECTION 1. The findings set forth in the above preamble to this Ordinance are true and correct and are hereby adopted and incorporated herein by this reference.

SECTION 2. The Code of Ordinances of the City of Gatesville, Texas is hereby amended at Chapter 56 – Utilities, by amending Sec. 56-16. “Variance of terms of chapter” to read as follows:

Where the city council finds that extraordinary hardships may occur from strict compliance with the rules, rates and regulations contained in this Chapter and/or in Chapter 18 as it relates to Utilities, the City Council may vary those rates or regulations so that substantial justice and equity may be done and the public interest secured, provided such changes will not have the effect of nullifying the intent and purpose of this Chapter.

 SECTION 3. The Code of Ordinances of the City of Gatesville, Texas is hereby amended at Chapter 56 – Utilities, by amending Sec. 56-37. “Payment of utility bill by elderly person” to read as follows:

(a) On the request of an elderly person, the city shall delay without penalty the payment date of a bill for providing water and sewer services to that person until the 25th day after the date on which the bill is issued. An elderly person may request that the city implement the delay for the most recent utility bill or for that utility bill and each subsequent utility bill (water, sewer or garbage) for which payment has not already been delayed.

(b) An elderly person requesting the delay provided in subsection (a) of this section shall present reasonable proof that the person is 65 years of age or older. (For the purpose of this section, the term "elderly person" means a person who is 65 years of age or older.)

(c) This section applies only to an elderly person who is a residential customer and who occupies the entire premises for which a delay is requested.

SECTION 4. The Code of Ordinances of the City of Gatesville, Texas is hereby amended at Chapter 56 – Utilities, by amending Sec. 56-67. “Schedule” to read as follows:

A charge, which shall be known as the pro rata rate charge, shall be made against each person who shall hereafter apply for and be connected to the water or sewer lines or mains of in the city.

The city will install water or sewer lines to the perimeter of land being developed as a subdivision or for commercial purposes and the developer or owner shall extend the water and/or sewer lines or mains at their expense and when accepted by the city the same shall thereafter be the property of the city. The above foot rates shall apply only to the first 150 feet of property and shall apply to property fronting on streets and areas platted into the usual rectangular lots or tracts of land, with a depth not to exceed 150 feet. Where lots or tracts have greater depth than 150 feet from the front street line, and are occupied, or are to be occupied exclusively as dwelling places, the additional depth shall not be assessed. If the property is later subdivided, requiring an extension of mains or lines to serve the same, the terms of this provision shall govern. On lots or tracts of land which extend through one street to another, with frontage on both streets, and where the distance between the street lines is 260 feet or more, the pro rate charges herein provided for shall be paid on both frontages when a connection is secured to the tractor lot. Where lots or tracts are irregular in size or shape, pro rate charges shall be based on equivalent rectangular lots or tracts using one front foot for each 150 square feet of area, or the pro rate charges provided herein on the average frontage of such tracts, which is least. Where lots or tracts are intended to be used for business, commercial, or industrial purposes, or have a greater depth than 150 feet from the front street line, then the pro rata charges herein provided shall be paid on the frontage of all streets which the property may abut, minus 150 feet frontage for each corner of the property abutting a street intersection. Should said property be re-subdivided whereby water or sewer extensions are required to serve the same, the terms of this provision shall apply.

SECTION 5. The Code of Ordinances of the City of Gatesville, Texas is hereby amended at Chapter 56 – Utilities, by repealing Sec. 56-69. “Heavy users; 40 percent deposit”.

SECTION 6. The Code of Ordinances of the City of Gatesville, Texas is hereby amended at Chapter 56 – Utilities, by repealing Sec. 56-132. “Utility profile information”.

SECTION 7. If any section, subsection, paragraph, sentence, clause, phrase, or word in this Ordinance, or the application thereof to any person or under any circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance, and the City Council of the City of Gatesville, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity.

SECTION 8. It is officially found and determined that the meeting at which this Ordinance was passed was open to the public as required by law, and public notice of the time, place and purpose of this meeting was given as required by law.

SECTION 9. This Ordinance shall become effective immediately upon its passage and approval.

The foregoing Ordinance No. 2025-16 was read the first time and passed to the second reading this 26^th day of August 2025.

The foregoing Ordinance No. 2025-16 was read the second time and passed to the third reading this 9^th day of September 2025.

The foregoing Ordinance No. 2025-16 was read the third time and was passed and adopted as an Ordinance to the City of Gatesville, Texas, this 23^rd day of September 2025.

AN ORDINANCE OF THE CITY OF GATESVILLE, TEXAS REPEALING AND REPLACING CHAPTER 18 “FEES”, SECTION 18-1 “FEE SCHEDULE” OF THE CODE OF ORDINANCES OF THE CITY OF GATESVILLE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALER CLAUSE; AND PROVIDNG AN EFFECTIVE DATE.

WHEREAS, the City of Gatesville has set forth its master fee schedule in Section 18-1 of Chapter 18 of the Code of Ordinances of the City; and  

WHEREAS, the City Council, from time to time, amends various portions of that master fee schedule to comply with changing laws and circumstances; and

WHEREAS, City staff has recommended, and the Council finds it to serve the general welfare of the City to repeal and replace the City’s master fee schedule;

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GATESVILLE, TEXAS THAT:

SECTION 1.  Chapter 18 “Fees”, Section 18-1 “Fee Schedule” of the City of Gatesville, Texas Code of Ordinances is hereby repealed and replaced in its entirety to read as set forth in Exhibit “A” attached hereto and incorporated herein by this reference.

SECTION 2.  All ordinances, orders and resolutions heretofore passed and adopted by the City Council of the City of Gatesville, Texas are hereby repealed to the extent said ordinances, orders or resolutions, or parts thereof, are in conflict herewith.

SECTION 3.  If any section, article, paragraph, sentence, clause, phrase or work in this Ordinance or application thereto any person or circumstances is held invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance and the City Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect.

SECTION 4. This Ordinance shall become effective from and after the date of its passage in accordance with law.

The foregoing Ordinance No. 2025-17 was read the first time August 26th and passed to the second reading on the 3rd day of September 3, 2024.

The foregoing Ordinance No. 2025-17 was read the second time on September 2nd, and passed to

the third reading on the 9th day of September, 2025.

The foregoing Ordinance No. 2025-17 was read the third time and was passed and adopted as an Ordinance of the City of Gatesville, Texas this 9th day of September, 2025 and will take effect October 1, 2025.

WHEREAS, the City of Gatesville produces and distributes water, and collects sewer within the City; and 

WHEREAS, the City Council finds it in the best interest of the City and in service of the health, safety and general welfare that the water and sewer rates charged by the City to customers be increased; 

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GATESVILLE TEXAS THAT: 

Section 1. The Code of Ordinances of the City of Gatesville, as previously amended, is hereby amended at Chapter 18 "Fees," Section 18-1 "Fee Schedule" by repealing the fees set forth therein for water and sewer services and replacing them in their entirety with the fees set forth on Exhibit "A" attached hereto and incorporated herein by this reference, said fees to be effective November 1, 2025. 

Section 2. This Ordinance shall be effective from and after its passage. 
The foregoing Ordinance No. 2025-20 was read the first time September 23rd, and passed 
to the second reading on the 14th day of October, 2025. 

The foregoing Ordinance No. 2025-20 was read the second time on October 14, and 
passed to the third reading on the 28th day of October, 2025. 

The foregoing Ordinance No. 2025-20 was read the third time and was passed and adopted 
as an Ordinance of the City of Gatesville, Texas this 28th day of October, 2025 and will take effect November 1, 2025.

WHEREAS, the City of Gatesville is committed to ensuring the safety, accessibility, and enjoyment of public parks for all residents and visitors; and

WHEREAS, the operation of off-road motorized vehicles such as all-terrain vehicles, dirt bikes, utility terrain vehicles, and similar motor-driven equipment, within city parks creates significant risks to pedestrians, cyclists, children, wildlife, and park staff; and

WHEREAS, off-road motorized vehicles contribute to soil erosion, damage to vegetation, disturbance of wildlife habitats, and deterioration of park facilities and trails; and

WHEREAS, the City Council finds that restrictions on such vehicles within city parks supports the City’s goals for environmental conservation, public safety, and responsible stewardship of community resources while preserving parks as safe and sustainable public spaces;

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GATESVILLE, TEXAS, THAT:

SECTION 1. The Code of Ordinances of the City of Gatesville is hereby amended by amending Chapter 40, “Parks and Recreation,” by adding a new Section 40-9 “Recreational Off-Road Vehicles in City Parks” to read in its entirety as follows:

“Sec. 40-9  Recreational Off-Road Vehicles in City Parks; Prohibitions and Exceptions

(a) Definitions

The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them by Texas Transportation Code Chapter 551, 551a and 552A.0101, except where the context herein clearly indicates a different meaning:

 

1. Motorized mobility device means a device designed for transportation of persons with physical disabilities that:
   1. has three or more wheels;
   2. is propelled by a battery-powered motor;
   3. has not more than one forward gear; and
   4. is not capable of speeds exceeding eight miles per hour.

For the purposes of this section, a person operating a nonmotorized wheelchair or motorized mobility device is considered to be a pedestrian.

   2.  Electric personal assistive mobility device means a two non-tandem wheeled device designed for transporting one person that is:

1. 1. self-balancing; and
   2. propelled by an electric propulsion system with an average power of 750 watts or one horsepower.

    3. Neighborhood electric vehicle means a vehicle that can attain a maximum speed of 35 miles per hour on a paved level surface and otherwise complies with Federal Motor Vehicle Safety Standard 500 (49 C.F.R. Section 571.500).
   4.  Motor-assisted scooter means a self-propelled device:

1. 1. with:
      1. at least two wheels in contact with the ground during operation;
      2. a braking system capable of stopping the device under typical operating conditions;
      3. a gas or electric motor not exceeding 40 cubic centimeters;
      4. a deck designed to allow a person to stand or sit while operating the device; and
      5. the ability to be propelled by human power alone; and

          b.  does not include a pocket bike or a mini motorbike.
    5.  Pocket bike or mini motorbike means a self-propelled vehicle that is equipped with an electric motor or internal combustion engine having a piston displacement of less than 50 cubic centimeters, is designed to propel itself with not more than two wheels in contact with the ground, has a seat or saddle for the use of the operator, is not designed for use on a highway, and is ineligible for a certificate of title under Chapter 501. The term does not include:

1. 1. a moped or motorcycle;
   2. an electric bicycle;
   3. a motorized mobility device, as defined by Section 552A.0101;
   4. an electric personal assistive mobility device, as defined by Section 551.201; or
   5. a neighborhood electric vehicle, as defined by Section 551.301.

6. Golf cart means a motor vehicle designed by the manufacturer primarily for use on a golf course.

   7. All-terrain vehicle means a motor vehicle that is:

1. 1. equipped with a seat or seats for the use of:
      1. the rider; and
      2. a passenger, if the motor vehicle is designed by the manufacturer to transport a passenger;
   2. designed to propel itself with three or more tires in contact with the ground;
   3. designed by the manufacturer for off-highway use;
   4. not designed by the manufacturer primarily for farming or lawn care; and
   5. not more than 50 inches wide.

8. Off-highway vehicle means:
   1. an all-terrain vehicle or recreational off-highway vehicle;
   2. a sand rail; or
   3. a utility vehicle.

9. Recreational off-highway vehicle means a motor vehicle that is:
   1. equipped with a seat or seats for the use of:
      1. the rider; and
      2. a passenger or passengers, if the vehicle is designed by the manufacturer to transport a passenger or passengers;
   2. designed to propel itself with four or more tires in contact with the ground;
   3. designed by the manufacturer for off-highway use by the operator only; and
   4. not designed by the manufacturer primarily for farming or lawn care.

10. Utility vehicle means a motor vehicle that is not a golf cart, as defined by Section 551.401, or lawn mower and is:
    1. equipped with side-by-side seating for the use of the operator and a passenger;
    2. designed to propel itself with at least four tires in contact with the ground;
    3. designed by the manufacturer for off-highway use only; and
    4. designed by the manufacturer primarily for utility work and not for recreational purposes.

(b) Restriction.
It shall be unlawful for any person to operate any motor vehicle in any public park within the city, except legally on roadways constructed and designed for such motor vehicle traffic or except as provided in subsection (d) herein.

(c)  Prohibition. 
Except as provided in subsection (d) herein, it shall be unlawful for any person to operate any of the following types of self-propelled vehicles within any portion of the grounds of a city park inside the city limits.  Prohibited self-propelled vehicles include:

1. Neighborhood electric vehicle;
2. Motor-assisted scooter;
3. Pocket bike or mini motorbike;
4. Golf cart;
5. All-terrain vehicle;
6. Off-highway vehicle;
7. Recreational off-highway vehicle; and
8. Utility vehicle

(d) Exceptions.
This section does not apply to:

(1) Motor vehicles used by city staff while performing duties related to a public service; or used with city permission by event organizers/staff when carrying out essential functions for permitted community events;

(2) Self-propelled vehicles used by city staff while performing duties related to a public service; or used with city permission by event organizers/staff when carrying out essential functions for permitted community events;

(3) A self-propelled vehicle that is not capable of speeds exceeding eight miles per hour and is designed by the manufacturer exclusively for children under age 12;

(4) A motorized mobility device; or

(5) An electric personal assistive mobility device.

(e) Penalty.
Any person violating this section shall be punished by a fine of not less than $50.00 nor more than $200.00.

SECTION 2.  If any section, subsection, paragraph, sentence, clause, phrase, or word in this Ordinance, or the application thereof to any person or under any circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance, and the City Council of the City of Gatesville, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity.

SECTION 3. It is officially found and determined that the meeting at which this Ordinance was passed was open to the public as required by law, and the public notice of the time, place and purpose of this meeting was given as required by law.

SECTION 4. This Ordinance shall become effective immediately upon its passage and approval.

The foregoing Ordinance No. 2025-23 was read the first time and passed to the second reading on this 18^th day of November 2025.

The foregoing Ordinance No. 2025-23 was read the second time and passed to the third reading on this 9^th day of December 2025.

The foregoing Ordinance No. 2025-23 was read the third time and was passed and adopted as an Ordinance to the City of Gatesville, Texas, this 13^th day of January 2026.

WHEREAS, the City of Gatesville contracts with Waste Management for solid waste collection within the City; and

WHEREAS, pursuant to the City’s contract with Waste Management, the fees charged to the City by Waste Management will increase effective February 1, 2026, to reflect annual Consumer Price Index and fuel adjustments; and

WHEREAS, the City Council finds it in the best interest of the City and in service of the health, safety and general welfare that the solid waste collection rates charged by the City to customers be increased to reflect this annual rate increase by Waste Management to the City; 

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GATESVILLE TEXAS THAT:

Section 1. The Code of Ordinances of the City of Gatesville, as previously amended, is hereby amended at Chapter 18 “Fees,” Section 18-1 “Fee Schedule” by repealing the fees set forth therein for solid waste collection and replacing them in their entirety with the fees set forth on Exhibit “A” attached hereto and incorporated herein by this reference, said fees to be effective February 1, 2026.

Section 2. This resolution shall be effective as of February 1, 2026.

The foregoing Ordinance No. 2025-24 was read the first time December 9th and passed to the second reading on the 13th day of January 2026.

The foregoing Ordinance No. 2025-24 was read the second time on January 13 and passed to the third reading on the 27th day of January 2026.

The foregoing Ordinance No. 2025-24 was read the third time and was passed and adopted as an Ordinance of the City of Gatesville, Texas this 27th day of January 2026 and will take effect February 1, 2026.

WHEREAS, the governing body of the City of Gatesville finds that the adoption of up-to-date building codes is necessary to protect the public health, safety, and welfare; and

WHEREAS, the International Existing Building Code (IEBC) provides minimum regulations for the repair, alteration, change of occupancy, addition to, and relocation of existing buildings; and

WHEREAS, the 2021 edition of the International Existing Building Code has been reviewed and is deemed appropriate for adoption within the City of Gatesville.

NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Gatesville.

Section 1. Adoption of Code

That the 2021 International Existing Building Code, as published by the International Code Council, Inc., including all appendices adopted therein, is hereby adopted by reference as the Existing Building Code of the City of Gatesville except as amended herein.

Section 2. Scope and Applicability

The provisions of the 2021 International Existing Building Code shall apply to all existing buildings and structures within the jurisdiction of the City of Gatesville including repairs, alterations, additions, changes of occupancy, and relocations.

Section 3. Administration and Enforcement

The Building Official or designee is hereby authorized and directed to administer and enforce the provisions of the 2021 International Existing Building Code.

Section 4. Amendments

The following local amendments to the 2021 International Existing Building Code are hereby adopted:

• Section 101.1 Title. Insert City of Gatesville for Name of Jurisdiction.
• Section 103.0 Creation of Agency. Insert Building Department for Name of Department.
• Repeal Appendix D Board of Appeals.

Section 5. Severability

If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance.

Section 6. Repealer

All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict.

Section 7. Effective Date

This ordinance shall take effect on February 11, 2026, following its adoption and publication as required by law.

The foregoing Ordinance No. 2026-02 was read the first time and passed to the second reading this 13^th day of January 2026.

The foregoing Ordinance No. 2026-02 was read the second time and passed to the third reading this 27^th day of January 2026.

The foregoing Ordinance No. 2026-02 was read the third time and was passed and adopted as an Ordinance to the City of Gatesville, Texas, this 10^th day of February 2026.

ORDINANCE NO. 2026-06

AN ORDINANCE OF THE CITY OF GATESVILLE, TEXAS, AMENDING THE GATESVILLE CODE OF ORDINANCES BY AMENDING THE ZONING ORDINANCE; CREATING CHAPTER 49, ARTICLES I-X; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, the City of Gatesville is a Home Rule Municipality operating under the laws of the State of Texas; and

WHEREAS, the City Council may establish zoning regulations within the corporate limits of the city; and

WHEREAS, the zoning ordinance was originally adopted in 1975, (Ordinance 1975-03) and amended in 1995, (Ordinance 1995-17); and

WHEREAS, this is an amendment to the Zoning Ordinance, creating Chapter 49; Articles I-X, expressing purpose and intent and setting regulations; and

WHEREAS, repealing Ordinance 1995-17, Ordinance 1998-04, Ordinance 2024-02, and Ordinance 2024-03; and

WHEREAS, the Planning and Zoning Commission and the governing body of the City of Gatesville, Texas, in compliance with the laws of the State of Texas and the Ordinances of the City of Gatesville, Texas, have given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all persons interested and in the exercise of its legislative discretion, the City Council has concluded that the Code of Ordinances of the City of Gatesville, Texas, as previously amended, should be further amended as set forth below.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GATESVILLE, TEXAS, THAT:

SECTION 1. The Code of Ordinances of the City of Gatesville is hereby amended by adding Chapter 49 – Zoning Regulations to read in its entirety as follows’

CHAPTER 49 – ZONING REGULATIONS
ARTICLES I -X 

CITY OF GATESVILLE, TEXAS

ORDINANCE 2026-07

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GATESVILLE, TEXAS AMENDING THE CODE OF ORDINANCES, AS PREVIOUSLY AMENDED, BY AMENDING ARTICLE IX “COIN-OPERATED MACHINES, SWEEPSTAKES, ONLINE GAMES AND INDOOR AMUSEMENT FACILITIES;”  PROVIDING A CONFLICTS RESOLUTION CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF $500.00 FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, the City receives frequent complaints from citizens regarding lack of regulation of coin-operated machines, including but not limited to gambling devices within the City; and

WHEREAS, the City Council has determined that it serves the public health, safety and general welfare to adopt an ordinance prohibiting gambling devices and regulating coin-operated machines, sweepstakes, online games, and indoor amusement facilities where these machines or devices are the primary use within the City;

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GATESVILLE, TEXAS THAT:

SECTION 1.  The City of Gatesville Code of Ordinances is hereby amended by amending Chapter 32 “Licenses, Permits, and Miscellaneous Regulations” by adding a new Article IX “Coin-Operated Machines, Sweepstakes, Online Games and Indoor Amusement Facilities” to read in its entirety as follows:

 

“CHAPTER 32 – LICENSES, PERMITS, AND MISCELLANEOUS REGULATIONS

. . .

ARTICLE IX. – COIN-OPERATED MACHINES, SWEEPSTAKES, ONLINE GAMES AND INDOOR AMUSEMENT FACILITIES

Sec. 32-260. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Amusement Redemption Machine means any electronic, electromechanical, or mechanical contrivance, including sweepstake machines, designed, made, and adapted solely for bona fide amusement purposes, and that by operation skill or a combination of skills affords the user, in additional to any right of replay, an opportunity to receive exclusively non cash merchandise prizes, toys, or novelties, or a representation of a value redeemable for those items that have a wholesale value available from a single play of the game or device of not more than 10 times the amount charged to play the game or device once or $5, whichever is less.  Amusement Redemption Machine includes the following skill or pleasure machines:

1. A machine that awards the user noncash merchandise prizes, toys, or novelties solely and directly from the machine, including claw, crane, or similar machines; and
2. A machine from which the opportunity to receive noncash merchandise prizes, toys, or novelties, or a representation of value redeemable for those items, varies depending upon the user's ability to throw, roll, flip, toss, hit, or drop a ball or other physical objects into the machine or a part thereof, including basketball, golf, bowling, or similar machines. A representation of value means cash paid under authority of sweepstakes contestants as provided by the Texas Business and Commerce Code, Section 43, or a gift certificate or gift card that is presented to a merchant in exchange for merchandise.

Building Official means the representative of the City of Gatesville or other person designated by the city manager.

Coin-operated machine means any kind of machine or device operated by or with a coin or other United States currency, metal slug, token, electronic card, or check, including a music or skill or pleasure coin-operated machine.

Facility supervisor means a natural person who manages, controls or operates an indoor amusement facility on behalf of the owner or operator.

Gambling device means any electronic, electromechanical, or mechanical contrivance that for a consideration affords the player an opportunity to obtain anything of value, the award of which is determined solely or partially by chance, even though accompanied by some skill, whether or not the prize is automatically paid by the contrivance. The term includes, but is not limited to, gambling device versions of bingo, keno, slot machines, blackjack, lottery, roulette, video poker, or facsimiles thereof, that operate by chance or partially so, that as a result of the play or operation of the game award credits or free games, and that record the number of free games or credits so awarded and the cancellation or removal of the free games or credits.

Indoor amusement facility means an amusement enterprise wholly enclosed in a building offering entertainment or games to the general public, for a fee, including, but not limited to a bowling alley, billiard parlor/pool hall, and a facility with video games, computer games, skill or pleasure coin-operated machines, and/or amusement redemption machines. Indoor amusement facility does not include a business that exhibits less than five (5) video games, computer games, skill or pleasure coin-operated machines, or amusement redemption machines as a secondary use of the property, if the business does not otherwise fall into the definition of an indoor amusement facility.

Licensing officer means the Building Official.

Music coin-operated machine means any kind of coin-operated machine, including a phonograph, piano, or graphophone that dispenses music or is used to dispense music; is operated by inserting a coin, metal slug, token, or check; and is not an amusement machine designed exclusively for a child.

Online Gaming is the practice of playing video games over the internet or a computer network, allowing players to connect, compete, or cooperate in virtual environments. These games range from simple web-based applications to complex, massive multi-player worlds (MMOGs) accessible via consoles, PCs and mobile devices.

Online Gaming Facility is a virtual platform, website, or application that enables users to engage in gambling or video gaming activities over the internet using connected devices. It functions as a digital equivalent to a traditional gaming venue, allowing users to place wagers, play games of chance or skill, and receive payouts.

Operator means a person who exhibits or displays, or permits to be displayed, a coin-operated machine in this city in a place of business that is not owned by the person.

Owner means any person owning any "coin-operated machine" or indoor amusement facility in this city.

Person includes an individual, association, trustee, receiver, partnership, corporation, company, organization, or other business entity or a manager, officer, owner, agent, servant, or employee of the same.

Service coin-operated machines means every pay toilet, pay telephone and all other machines or devices which dispense service only and not merchandise, music, skill or pleasure.

Skill or pleasure coin-operated machine means any kind of coin-operated machine that dispenses or is used or is capable of being used to dispense or afford, amusement, skill, or pleasure or is operated for any purpose, other than for dispensing merchandise, music, or service and that is not a gambling device. The term includes marble machines, marble table machines, marble shooting machines, miniature race track machines, miniature football machines, miniature golf machines, miniature bowling machines, billiard or pool games, or machines or devices that dispense merchandise or commodities or plays music in connection with or in addition to dispensing skill or pleasure; and does not include an amusement machine designed exclusively for a child.

Sweepstakes device  a mechanical, video, digital, or electronic machine or device, including a computer whether or not connected to the internet, that is owned, leased, or otherwise possessed by any person conducting a sweepstakes, or by that person's partners, affiliates, subsidiaries, or contractors, that is intended to be used by a sweepstakes participant, and that is capable of displaying information on a screen or other mechanism. A device is a "sweepstakes terminal device" if any of the following apply:

      (1)   The device uses a simulated game terminal as a representation of the prizes associated with the results of the sweepstakes entries.

      (2)   The device utilizes software such that the simulated game influences or determines the winning of or value of the prize.

      (3)   The device selects prizes from a predetermined finite pool of entries.

      (4)   The device utilizes a mechanism that reveals the content of a predetermined sweepstakes entry.

      (5)   The device predetermines the prize results and stores those results for delivery at the time the sweepstakes entry results are revealed.

      (6)   The device utilizes software to create a game result.

      (7)   The device reveals the prize incrementally, even though the device does not influence the awarding of the prize or the value of any prize awarded.

      (8)   The device determines and associates the prize with an entry or entries at the time the sweepstakes is entered.

Sec. 32-261. Prohibited locations.

(a)    No indoor amusement facility shall be permitted within one thousand (1,000) feet, measured from front door to front door, of any school building, church or hospital in this city.

(b)    No indoor amusement facility can be located within one thousand (1,000) feet of another indoor amusement facility which has been properly licensed in accordance with the City’s Code of Ordinances.

(c)    A person, business or facility that exhibits less than five (5) skill or pleasure coin-operated machines, sweepstakes devices, online games, or amusement redemption machines as a secondary use of the property may not be located in the same building with another business or facility exhibiting less than five (5) skill or pleasure coin-operated machines, sweepstakes devices, online games, or amusement redemption machines as a secondary use of the property. 

(d)   A person, business or facility that exhibits less than five (5) skill or pleasure coin-operated machines, sweepstakes devices, online games, or amusement redemption machines as a secondary use of the property may not be located within one thousand (1,000) feet of a licensed indoor amusement facility.

Sec. 32-262. License required and exceptions.

• Ownership and/or operation of an indoor amusement facility within the City requires an annual indoor amusement facility license issued by the City in accordance with the provisions of article.
• A person commits an offense if the person:
•  Recklessly or with criminal negligence owns or operates an indoor amusement facility without an indoor amusement facility license; or
• Recklessly or with criminal negligence owns or operates a gambling device within the city limits of the City of Gatesville; or
•  Knowingly allows operation of a gambling device in a building or other facility in which the person holds an ownership interest; or
• Knowingly allows operation of an indoor amusement facility without a valid indoor amusement facility license issued by the City.

(b)    Acquisition of a license under this article is a separate and distinct requirement from any other licensing requirement required by the state or any other entity. Possession of some other license shall not relieve a person of the requirement to obtain a license pursuant to this article.

(c)    It is a defense to prosecution under this section that the person:

•  is operating an indoor amusement facility at a place owned by the federal, state, or local government;
•  is a non-profit organization that operates the indoor amusement facility for the organization's exclusive use and to further the purposes of the organization; or
•  is operating an indoor amusement facility at a place licensed by the Texas State Lottery Commission.

Sec. 32-263. Injunction and prosecution.

• A person who owns or operates or causes to be operated an indoor amusement facility without the license required under this article is subject to civil penalty, suit for injunction, as well as prosecution for criminal violations.
• A person who owns or operates or causes to be operated a Gambling device as defined in this article is subject to civil penalty, a suit for injunction, as well as prosecution for criminal violations.

Sec. 32-264. License application.

(a)    An annual application for a license to operate an indoor amusement facility must be made to the licensing officer on the form prescribed by that official. The application must be accompanied by a sketch or diagram showing the configuration of the premises as well as the location of all coin-operated machines, sweepstakes devices, online games, or amusement redemption machines and exits. The sketch need not be professionally prepared but must clearly exhibit the configuration in a manner acceptable to the licensing officer.  

(b)    If a person who wishes to operate an indoor amusement facility is an individual, he must sign the application for a license as the applicant. If the person who wishes to operate an indoor amusement facility is other than an individual, each individual who has a twenty (20%) per cent or greater interest in the proposed operator must sign the application for a license.

(c)    All applications must be accompanied by a non-refundable annual application fee in an amount determined as a part of the city's annual budget and published in the City’s fee schedule, as may from time to time be amended or updated. An application shall not be considered to have been filed until the application fee is paid and all information required by the application form is submitted.

(d)   All applications must be accompanied by a statement signed by the person(s) identified in subsection (b) of this section and stating that the entertainment or games offered at the indoor amusement facility, including but not necessarily limited to all coin-operated machines and pool tables, will not be used as gambling devices and that all facts contained in the application are true and correct.

Sec. 32-265. Application review.

(a)    Preliminary inspection. The licensing officer shall forward a copy of all indoor amusement facility applications to the police department, planning department, inspection department and any other city department involved in the review process. Upon receipt of the copy of the application, each department shall make such inspection and/or investigation of the applicant, premises, and equipment as is necessary for the enforcement of ordinances and laws for which the department has responsibility. Upon completion of the review, the reviewing department shall forward to the licensing officer its recommendation for approval or disapproval of the application. If the recommendation is for disapproval, the reviewing department shall clearly set forth its reason for the recommendation. If all departments recommend approval, then a final inspection shall be conducted.

(b)    Final inspection. The city shall make a final inspection of the facility after all equipment and furnishings are in place to ensure the facility complies with all applicable codes and ordinances. If after final inspection, the recommendation is for disapproval, the city shall clearly set forth its reason for the recommendation. If the recommendation is for approval, a license shall be issued in accordance with section 32-266.

Sec. 32-266. License issuance or denial; term; time limitation for compliance with division.

(a)    Issuance. Following successful final inspection and a recommendation for approval, the licensing officer shall issue an indoor amusement facility license, upon payment of the license fee, to an applicant within thirty (30) days, unless the licensing officer finds one (1) or more of the following is true:

(1)   An applicant is under eighteen (18) years of age;

(2)   An applicant has falsely answered a question or request for information on the application form;

(3)   The indoor amusement facility is not in compliance with applicable laws and ordinances;

(4)   The applicant has been denied a license or the renewal of a license under this article within the preceding twelve (12) months or has had a license issued under this article revoked within the preceding twenty-four (24) months and the denial or revocation has not been successfully appealed; or

(5)   An applicant has been convicted of a crime involving gambling, gambling promotion, keeping a gambling place, or possession of a gambling device, equipment or paraphernalia; any felony offense; the sale of an alcoholic beverage without a permit or license from the state; prostitution or promotion of prostitution; manifesting the purpose of engaging in prostitution; family violence assault with bodily injury; or unlawfully carrying a weapon, provided;

1. If the conviction was for a misdemeanor offense, two (2) years have elapsed since the date of the conviction or the date of release from confinement for the conviction, or
2. If the conviction is for a felony offense, five (5) years have elapsed since the date of conviction or the date of release from confinement for the conviction,; or
3. If the conviction is for two (2) or more misdemeanor offenses or a combination of misdemeanor offenses occurring within any twenty-four (24) month period, five (5) years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction.
4. The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant.
5. Transitional Compliance for Existing Facilities and Coin-Operated Machines. Any indoor amusement facility or business operating coin-operated machines, sweepstakes devices, online games, or amusement redemption machines within the City of Gatesville on the effective date of this ordinance that is in possession of a valid permit may continue to operate under the terms of that permit until its expiration. Upon expiration, no license or permit shall be renewed or reissued unless the facility or business is in full compliance with all provisions of the Gatesville Code of Ordinances, including but not limited to the prohibition of gambling devices as defined herein. This transitional period does not constitute an exemption or grandfathering. All facilities and businesses shall be required to meet the current regulatory standards upon permit renewal.

(b)    Extension of review period. If the applicant is in the process of correcting conditions on the premises so that the premises will comply with applicable ordinances and laws, the applicant may be granted thirty (30) days from date of notice to bring the premises into compliance, or a new application shall be required.

(c)    Term. No license shall be effective until it has been issued. All licenses for indoor amusement facilities issued under the provisions of this article shall be valid for a period of one (1) year from the date of issuance. The date of issuance shall be stated on the license.

Sec. 32-267. Contents; posting of license; notice of change in ownership.

(a)    An indoor amusement facility license issued under this article shall state on its face to whom it is issued, the date of issuance, the date of expiration, the address and location of such indoor amusement facility and shall be signed by the licensing officer.

(b)    The license shall be posted by the licensee in a conspicuous place and in such a manner and position that it may be easily read at any time of day or night.

(c)    A replacement license may be issued for a lost, destroyed or mutilated license upon application. A replacement license shall have the word "REPLACEMENT" stamped across its face and shall bear the same number as the one it replaces.

(d)   A licensee shall notify the licensing officer within ten (10) days of a change or partial change of ownership or change of address or trade name.

Sec. 32-268. License transfer.

A licensee under this article shall not transfer his license to another, nor shall a licensee operate an indoor amusement facility under the authority of a license at any place other than the address designated on the license.

Sec. 32-269. Suspension and revocation of license.

(a)    The City of Gatesville, through an official designated by the City Manager, may suspend or revoke a license if it is determines that:

(1)   The owner, operator, or facility supervisor has refused to allow an inspection of the premises, as authorized by this article;

(2)   The owner, operator, or facility supervisor has demonstrated an inability to operate or manage an indoor amusement facility in a peaceful and law-abiding manner;

(3)   A cause of suspension occurs, and the license has already been suspended within the preceding twelve (12) months;

(4)   An owner or operator gave false or misleading information in the material included on or with his original application or a renewal application or in response to an inquiry by the city;

(5)   An owner, operator, or facility supervisor has been convicted of a violation set forth in subsection 32-266(a)(5);

(6)   The indoor amusement facility has been operated without a facility supervisor being physically present; or

(7)   The indoor amusement facility is being operated in violation of the building codes or city ordinances, or state law including owning and operating gambling devices, as defined in this Code of Ordinance.

(b)    The fact that a conviction is being appealed shall have no effect on the suspension or revocation of the license.

(c)    Notice of suspension shall be served either in person or by certified mail to the owner or operator of the indoor amusement facility and the owner of the building in which the indoor amusement facility is located.

Sec. 32-270. License renewal.

(a)    A renewal application on the form prescribed by the licensing officer may be submitted no earlier than sixty (60) days before the expiration of the license. The renewal application must be accompanied by a renewal fee set by the city council as a part of the city's annual budget. When an application for renewal is submitted less than thirty (30) days before the expiration date of the license, the expiration date of the license will not be affected.

(b)    When the renewal application has been filed as required above, the licensing officer shall have seven (7) days to determine whether to issue a renewal license, or to reject the renewal application and require the applicant to file an original application and review the renewal request under the same standards as the original license application. If the licensing officer requires that the renewal be handled as though it were a new application, the review period set out in section 32-266 shall commence upon the filing of the completed original application form, not upon the filing of the renewal application form. The following shall constitute grounds for rejecting the renewal application and requiring the filing of an original application form:

(1)   The receipt by any department of the city of confirmed complaints about the operation of the indoor amusement facility during the period that the license for which renewal is sought has been in force;

(2)   The discovery by any official of the city of a violation of any ordinance or law during the preceding year on the premises which was related to the operation of the indoor amusement facility; or

(3)   An increase in police calls to the indoor amusement facility or the area immediately adjacent to the premises that are related to the operation of the indoor amusement facility.

(c)    If a license expires during an extension of the review period, provided for in section 32-266, the licensee may continue to operate the indoor amusement facility until a decision on the renewal is rendered. If the renewal is denied, the licensee must cease operation of the indoor amusement facility immediately upon notification. Notice of the denial shall be sufficient if personally given to the owner, operator, or facility supervisor provided for in section 32-273, or if delivered to the owner, operator, or facility supervisor at the address shown on the renewal application by mail, return receipt requested.

(d)   When an application for renewal is ultimately denied, the applicant shall not be issued a license for one (1) year from the date of the denial. If, subsequent to denial, the licensing officer finds that the basis for denial of the renewal license has been corrected or abated, the applicant may be granted a license if at least ninety (90) days has elapsed since the date the denial of the renewal application was final.

(e)    The rejection of a renewal application and requirement that the renewal be handled as though it were an original application may not be appealed; however, the final denial of a license renewal by the licensing officer may be appealed in accordance with section 32-271.

Sec. 32-271. Appeal.

(a)    Appeal of denial. suspension or revocation of permit.

(1)            The initial decision and notice by an inspector to suspend or revoke a permit may be appealed to the supervisor over the inspector by giving written notice to the supervisor no later than the fifth calendar day after receipt of the written notice of the decision. The supervisor may uphold, reverse, or modify the decision of the inspector. If an appeal is not filed as provided herein, the decision of the inspector is final, and no further appeal will be considered.

(2) The initial denial of a permit, or the decision of the supervisor over the inspector following a timely appeal of the inspector's decision to suspend or revoke a permit as provided in subsection (1) above, may be appealed to the city manager by filing a written notice of appeal with the director no later than the fifth day after receipt of written notice of the initial or appeal decision. The city manager may uphold, reverse, or modify the decision to deny, suspend or revoke the permit. If an appeal is not filed as provided herein, the initial or appeal decision is final, and no further appeal will be considered.

(3) The decision of the city manager is final. 

Sec. 32-272. License fees.

Before any license for an indoor amusement facility shall be issued by the city, the person applying for the license shall pay to the city the fees that are established by the city council as part of the city's annual budget. These fees may include an application fee to cover the costs associated with processing the application in addition to an annual license fee.

Sec. 32-273. Operation of indoor amusement facilities.

(a)    Indoor amusement facility supervisor. A person who owns or operates an indoor amusement facility must designate one (1) or more persons as facility supervisors. The names of the facility supervisors must be included in a license application or renewal application. Whenever a change in the facility supervisors occurs, notice of that change shall be given to the licensing officer. A facility supervisor must remain on the premises of the indoor amusement facility during operating hours.

(b)    Authority to vacate premises. The chief of police, fire marshal or building official or their designees shall have the power to cause an indoor amusement facility to be vacated whenever any provision of this article is being violated or when a situation that poses an immediate threat to safety exists. In addition, where a violation of any ordinance of the city or state law is discovered, the chief of police, fire marshal or building official may order that an indoor amusement facility be vacated and remain closed for up to twenty-four (24) hours after it is determined that the violation that resulted in the order to close has been corrected.

(c)    Hours of operation. The indoor amusement facility shall not be operated between 12:00 a.m. and 8:00 a.m.

(d)   Layout. All skill or pleasure coin-operated machines, pool tables, and bowling lanes shall be in full and open public view. No skill or pleasure coin-operated machine, pool table, or bowling lane shall be in a room that is closed off from the main area of the facility.

Sec. 32-274. Criminal penalties.

• A violation of this article shall be a Class C misdemeanor and the penalty for violating this article shall be a fine of not more than five hundred dollars ($500.00) and each day a violation exists shall be a separate offense. It is also a criminal violation of this article and a Class C misdemeanor punishable by a fine of not more than five hundred dollars ($500.00) and not less than fifty dollars ($50.00) to intentionally, knowingly, recklessly or with criminal negligence provide false answers or information to the City of Gatesville on or in connection with the application for or application for renewal of an indoor amusement facility license.

(b)  Possession and/or operation of Gambling device. Any person or persons in possession of a gambling device as defined shall be subject to criminal penalties provided in (a) above. Machines identified as being in violation of the provisions of this ordinance will be confiscated and any funds deposited in said machine(s) shall be subject to the forfeiture and seizure policy of the Gatesville Police Department.

Secs. 32-275—32-280. Reserved.”

SECTION 2.  Should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance, as amended hereby, be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance, or the Gatesville Code of Ordinances, as amended hereby, which shall remain in full force and effect.

SECTION 3.  An offense committed before the effective date of this Ordinance is governed by prior law and the provisions of the Gatesville Code of Ordinances, as amended, in effect when the offense was committed, and the former law is continued in effect for this purpose.

SECTION 4.  Any person, firm or corporation violating any of the provisions or terms of this Ordinance shall be subject to the same penalty as provided for in the Gatesville Code of Ordinances, as amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Hundred Dollars ($200) for each offense, and each and every day such violation shall continue shall be deemed to constitute a separate offense.

SECTION 5.  This ordinance shall take effect immediately after the third and final reading.

Ordinance No. 2026-07 was read the first time and passed to the second reading this 12th day of May, 2026.

Ordinance No. 2026-07 was read the second time and passed to the third reading this 26^th day of May, 2026.

Ordinance No. 2026-07 was read the third time and duly approved, passed and adopted this the 9^th day of June, 2026.