$1760.00 in United States Currency, 37 "8" Liner MacHines v. State
372 S.W.3d 277
Tex. App.2012Background
- This is a civil forfeiture case in which the State sought forfeiture of $1,760.00 and 37 eight-liner machines from Magic Games Game Room.
- The trial court ordered forfeiture; Barnes appealed, arguing the machines were not gambling devices due to the fuzzy animal exclusion.
- Patrons play by converting cash to points on eight-liner machines; tickets are issued with no cash value and can be redeemed for prizes or replay.
- Replay rights can be nonimmediate and are implemented by electronically transferring points from a central location to a selected machine.
- The Central issue is whether a nonimmediate right of replay defeats the fuzzy animal exclusion from the definition of gambling device.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does a nonimmediate right of replay defeat the fuzzy animal exclusion? | Barnes argues nonimmediate replay eliminates exclusion. | Barnes contends the exclusion applies because rewards are noncash novelties. | Nonimmediate replay does not defeat the exclusion; machines are not gambling devices. |
| Are the eight-liner machines excluded under 47.01(4)(B)? | State argues exclusion does not apply due to novel replay mechanism. | Barnes asserts tickets redeemable for noncash points qualify as novelties. | Yes; the machines are excluded under (B) as novelties/rewards exclusive of cash value. |
Key Cases Cited
- Hardy v. State, 102 S.W.3d 123 (Tex. 2003) (noncash prizes and cash for replay affect exclusion under 47.01(4)(B))
- State v. Gambling Paraphernalia, Devices, Equip. & Proceeds, 356 S.W.3d 594 (Tex. App.—Corpus Christi 2011) (nonimmediate replay and things of value context for gambling device)
- Allstar Amusement v. State, 50 S.W.3d 705 (Tex. App.—Waco 2001) (nonimmediate right of replay as thing of value for gambling device definition)
- In re Seizure of Gambling Proceeds & Devices, 261 S.W.3d 439 (Tex. App.—Houston [14th Dist.] 2008) (procedural framework for forfeiture involving gambling devices)
- State v. One Super Cherry Master Video 8-Liner Machine, 102 S.W.3d 132 (Tex. 2003) (cash for replay and exclusions under 47.01(4)(B) analyzed)