The City of Sealy decided Tuesday night to direct city officials to draft an ordinance that will allow oversight into game rooms that are run within Sealy City limits.  Officer Chris Hudson of the Sealy Police department was on hand to give a presentation on the subject to the city council.  It is important to understand what the term “game room” implies in relation to this regulation.  The term “game room” in this context are the digital slot machines, also known as “8-Liners” (so called because there are eight combinations of matching symbols) that are commonly seen at convenience stores.  A few locations in the Sealy area have entire rooms dedicated to them.  It is hard to define what game rooms are Shop Austin County 300 x 600 Second Trybecause the State of Texas has no legal definition for them.  However, other counties and municipalities have defined game rooms in relation to ordinances they have drafted regulating them.     Houston defines a game room as:

“A building, facility or other place that contain six or more amusement redemption machines.”

Harris County uses the same definition and Rosenberg defines a game room as:

“A building, facility or other place that contains one or more amusement machines.”

Although the State of Texas doesn’t define a game room they do define a gambling place.  It’s defined in chapter 47 of the state penal code as:

“…any real estate, building, room, tent, vehicle, boat, or other property whatsoever, one of the uses of which is the making or settling of bets, bookmaking, or the conducting of a lottery or the playing of gambling devices.”

So, what is the difference between a gambling device and an amusement machine?  Well, the main difference is in how the machine pays out.  Chapter 47 continues on to distinguish an amusement machine as:

“…does not include any electronic, electromechanical, or mechanical contrivance designed, made, and adapted solely for bona fide amusement purposes if the contrivance rewards the player exclusively with noncash merchandise prizes, toys, or novelties, or a representation of 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.”

Basically, as long as you are paid out in trinkets and non-cash prizes and the value of the prize is not greater than ten times the amount charged to play or 5 dollars you’re in the clear.

The concern with the game rooms is that they may not be following the law and paying out winners in actual cash or in value greater than what the law allows.  This then makes the “game room” no longer one for entertainment but, becomes an illegal gambling establishment.  The concern over this, besides the fact that it is being operated illegally, is that these places are notorious for breeding other crime to go along with the gambling such as property crimes, fraud, violent crimes and tax evasion according to the presentation. 

Unfortunately, it’s not that easy to catch illegal establishments versus those that are strictly run for entertainment.  Law enforcement must have visually witnessed an illegal transaction by undercover officers or have video proof by confidential informants.  Prosecution also proves difficult with most offenders getting little more than a slap on the wrist.  Most smaller jurisdictions have found it easier to simply regulate the gaming machines rather than spending the resources to actually shut these establishments down.

The general feeling of the council was that some kind of an ordinance needed to be put in place to allow law enforcement the ability to inspect game rooms as well as have some kind of framework to allow for legitimate businesses to continue while discouraging any illegal ones.

The video below is of the police presentation and subsequent discussion by the council.

 

 

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