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Narcotics |
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Gambling Enforcement
 In
recent years Dickinson and other cities in Texas have seen a growth of eight-liner
gaming devices. These devises look like and are very similar to video poker
and slot machines. Operators have tried to circumvent the state gambling laws by
claiming exemption under the so called "fuzzy animal" exception or
claiming that the games are for amusement only.
An opinion was sought from the
Galveston County District Attorney's office on exactly what constitutes illegal
gambling in relationship to eight-liners. They have advised that any of
the following actions believed to be
violations of the law that could result in prosecution:
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Any award of cash, gift certificates,
or anything, which may be exchanged for cash or gift certificates,
including, certificates or tokens used for replay on a gambling device,
regardless of value.
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Any
transfer of credits earned on one machine to another machine or the replay
of credits earned on a machine in that or any other machine at a later
date.
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Any award of non-cash merchandise
prizes, toys, or novelties that have a wholesale value available from a
single play of the game or device of more than 10 times the amount charged
to play the game or device once, or $5.00, whichever is less.
The accumulation or stacking of credits/tickets toward the purchase
of more valuable prizes will be considered to be a violation of the law if
the accumulated credits exceed the maximum value for a prize which can be
awarded from the machine as noted above.
The wholesale value of the prize, not the ticket, available from a
single play, must be no more than 10 times the amount charged to play or
$5.00, whichever is less.
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Additionally, the practice of “match
play,” where the owner or operator of a game or device “matches” the
consideration paid by a player to play a game may subject the owner or
operator to criminal prosecution if (1) the owner or operator puts cash
into the machine, thereby rewarding the player with cash
for play on the machine (see number 1, above); or (2) the owner’s match
has the effect of reducing the cost to play the game.
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The use of “door prizes” to
attract customers is presumed to be legal, provided
the players are not given additional entries into the door prize drawing
based on the number of credits they win on a game or device.
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Regarding
the “charitable sweepstakes”
issue: Typically this is done by some type of an association being made
with the charity group by the owner of the 8-liners.
The players put their money into the machine as a “donation”
and you are allowed to play the game for free.
At the end of the day the Charity may pay the owner of the machines
$.90 out of every $1.00 collected. This
is not an exception to the law.
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Operators of the game rooms
that have these devices are subject to prosecution for (1) Gambling Promotion,
(2) Keeping a Gambling Place, and (3) Possession of Gambling Device, Equipment,
or Paraphernalia. These are
all Class A misdemeanor offenses that are punishable by up to a year in the
county jail and or a possible fine up to $4,000.00.
If
found to be in violation of the statutes, the response may include the execution
of warrants on your business and the seizure of illegal devices and monies not
only from the devices, but also from your
business and where appropriate your financial accounts. If
three or more persons combine to carry on said offense(s), the punishment can be
increased to a State Jail Felony, punishable by anywhere from 180 days up to two
years imprisonment in a State Jail Facility and a possible fine not to exceed
$10,000.00.  The
Dickinson Police Department will not allow illegal gambling in the city. We are
seeking voluntary compliance in this matter. In cooperation with the
Precinct 8 Constables Office,
Dickinson Fire Marshals and Building Inspectors business in the city that had eight-liner
gaming devices have been inspected. When violations were noted the owners
or managers of the businesses were given written notice. If the violations
continue arrest and seizures will follow.
See
Press Release (Note:
Photos on this page were taken during the recent inspection of businesses in the
City of Dickinson)
If
you known of illegal gambling occurring in the City of Dickinson please report
it. We need the information about what you see. Never assume that we know
everything about your particular problem even if the suspect or suspects have
been arrested numerous times before. We commonly solicit information from
law-abiding neighbors such as yourself and we have set up this site on our web
page for you to do just that. Please complete the gambling
activity report and submit it. We ask that you fill in
the spaces to the best of your ability giving us the information that you know.
We also ask that you fill in any partial names or nicknames for people involved
and for you to label what kind of activity you suspect the reported to be
involved in. You may also send mail to narcotics@ci.dickinson.tx.us.
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