Back in January 2014 I wrote a post about Gaming Machines in Texas Gas Stations.  That post has been a big draw on the blog since people are curious about the machines as they pop up everywhere.  Recently in Fort Worth, a game room was “shot up” by five heavily armed men.  In most cases, illegal gambling activities attract other criminal elements.

The Problem and the Solution?

Texas law currently has a loophole for “amusement redemption machines.”  From my previous post on the topic…

Laws on video gaming machines vary from state to state.  Texas is surrounded by states that allow gambling, leading to a high number of attempts to circumvent laws against gambling in Texas.  Section §47 of the Texas Penal Code defines gambling but in §47.01(4) you will find the provision that has been litigated for over a decade that excludes “gambling devices” that are defined as “any electronic, electromechanical, or mechanical contrivance designed, made, and adapted solely for bona-fide amusement purposes if the contrivance rewards the player exclusively with non-cash 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.”  This is often referred to as the “fuzzy animal” defense, derived from the claw games you see in restaurants and elsewhere.

For the time being, it is up to local municipalities to write ordinances that address this growing issue.  Fort Worth has been leading the way since late 2014 with ordinances that limit the machines to industrial zoned areas.  (There is a page on the city website dedicated to the topic.  I suggest checking out the FAQ and presentation.) However, the ordinances have been the target of several lawsuits that effectively have put them on hold until a decision is reached.

The Fort Worth ordinances head in the right direction.  (Most of the details about the ordinance can be found in this 2015 Star-Telegram article.)  It appears most local cities are watching and waiting to see the judgment in the Fort Worth court case.  Building a case against illegal gaming activities can cost thousands of dollars per case and tie up police and legal resources.  Fort Worth is also looking at a $500 per machine license fee to help pay for the 7 person team that enforces city ordinances.

Following the armed invasion, NBC5 reports that Fort Worth Police are seizing gaming machines so fast that they are piling up in police warehouses.  It was reported that 99 machines were seized just this past weekend.  The new Fort Worth ordinance allows police to seize the entire machine and not just the motherboard, which can easily be replaced.  (I’ll be curious to see if these gaming machines show up in surplus auctions as I noted in my previous post…an obvious problem.)

What’s this all mean to the average citizen?

Illegal gambling in many forms has been seeking loopholes in the law.  Poker rooms are a growing issue in DFW cities.  Video gambling machines (eight-liners) have been a growing issue for well over a decade now.  Various illegal activities tend to increase around smoke shops and corner stores that host the machines:

• Theft and burglary appear to increase in the surrounding areas.
• Game rooms, etc. are a cash based business and are easy targets for violent crime.
• Prostitution and illegal drug use tend to be associated with some of these establishments.
  (Many of the stores sell rolling papers, smoking paraphernalia, and digital scales openly.  In some stores, patrons can purchase a ‘setup’ of legal items used for smoking meth.)
• Fights and other crimes tend to increase at these locations as well.
  (We have seen plenty of these events at the corner store near our home.)

For the average citizen, illegal gambling means an increase in localized criminal activity.  Local police and other officials have to sink large amounts of resources into dealing with the issue as well.  The only winner appears to be the owner of the machines who can make several thousand dollars every day with little to no consequence…and no taxes.

I encourage you to contact your local police to report concerns about video gambling machines.  This would be a great opportunity for you, a concerned citizen, to find out how your city is addressing the issue…