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• ORDINANCE NO. 2010-72 <br />AN ORDINANCE OF THE CITY COUNCIL OF THE OF THE CITY OF <br />SAN MARCOS, TEXAS AMENDING THE LAND DEVELOPMENT <br />CODE BY ADDING A LAND USE DEFINITION FOR CHARITIBLE <br />GAMING FACILITIES TO CHAPTER 8 AND BY ALLOWING THE <br />LAND USE AS A CONDITIONAL USE IN GENERAL COMMERCIAL <br />AND HEAVY COMMERCIAL ZONING DISTRICTS UNDER THE LAND <br />USE MATRIX PROVIDED IN CHAPTER 4; PROVIDING A SAVINGS <br />CLAUSE; PROVIDING FOR THE REPEAL OF ANY CONFLICTING <br />PROVISIONS; AND PROVIDING AN EFFECTIVE DATE <br />RECITALS: <br />1. The Planning and Zoning Commission has considered and recommended <br />approval of revisions to the Land Development Code to address legal charitable gaming <br />activities in the City. <br />3. The City Council hereby finds and determines that the adoption of the following <br />ordinance is in the interest of the public health, morals, welfare and safety. <br />BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br />• TEXAS: <br />SECTION 1. The Land Development Code is amended as set forth below. Added text <br />is indicated by underlining <br />SECTION 2. The following definition is added to Chapter 8, Definitions, Article 2, <br />Land Use Definitions for Zoning Chapter 4: <br />Charitable gaming facility: any building, structure, establishment or <br />facility of which up to 25 percent of the floor area is devoted to the use of any <br />computerized video game machine owned, leased, controlled or operated by an <br />Internal Revenue Service section 501(c)(3) tax- exempt charitable organization or <br />an Internal Revenue Service section 501(c) tax - exempt veterans organization that, <br />upon pgMent or charitable contribution is available to play a video game or a <br />sweepstakes authorized by the State of Texas, and which uses a video display and <br />microprocessor in which by chance the player may receive, prizes, free games or <br />credits that can be redeemed for cash. <br />SECTION 3. Section 4.3.1.2, Land Use Matrix, is revised to add a land use <br />classification under the category of "Amusement and Recreational Uses" entitled "Charitable <br />Gaming Facility" as a conditional land use only in General Commercial (GC) and Heavy <br />Commercial (HC) Zoning Districts and prohibited in all other zoning districts. <br />• <br />