Case Information
*1 ATTORNEYGENERAL THE OF TEXAS
Honorable A. II. Harrison
County Attorney
Lamar County
Paris, Texas
Dear Sir: Opinion Ilo.
Re: Ia the American Legion Beerea- tion Club of Parim, Texas, maintaining and operating a PO01 hail ~8 that ten is de- fined in Article 4668, Bevleed Civil Statutes 19259
This department is in receipt of your letter of June 11, requeoting our opinion on the above stated question. We quote from your letter as follows:
"The Connty Attmney'a office of Lamar County haa been instructed by the Grand Jury of this County to obtain an opinion fror you in regard to the legality of the operations of the American Legion Recreation Club of Paris, Texas.
"This club wae organized by the local American Legion Post, and gas a Board of Snpervisora composed of renbera of the Poet. To be a member of tie Club one does not have to be a Legionnaire or ex-service wm - remberehip Is open to the general publfc vith the restriction that the Board of Supervisor8 will not isme msmberahip cards to any pereoa nuder 21 years of age or any other pemon whose habits and conduct right become prejudlcal to the beat interests of the Cllib. The Board of Supervisors claim to pass on the eligibility of each applicant as to hie mral fituese, etc., before the issuance of a maabershlp card. There is no charge for the membership card.
"This Club haa a hall wherein several pool tebles are maintained for the me of the members, also cold drinka, candy and tobacco are sold In the hall. The clab haa a deal with the operator of the hall whereby the operator draws a salary of $150.00 per month
- Honorable A. M. Harrison, Page 2,
and, after dednctlng this ealary and other necessary operating expewee, he and the club divide the net profit equally between them. The Club ia ralntaned outside of the sale nf the drinks, candles and tobaoco, by donatloae received from members wing the pool tables and playing games of pool. Each player is handed a card with numbers on it and the legend thereon, in substance la a.8 follows: 'This club is malntaned by your donations', and after each game of pool the operator of the club punches a number on the card held by the player and before the player leaves the hall he turns in his card, with the umber of games of pool he has pleyed punched thereon, to the Club's operator, together with his voluntary donation, If any, which usually amonnte to per person per game. The operatm and the Board of Supervisors claim that if a member failed and refused to donate they would not revoke his membership for that reason. The Recreation Club also clniaa to be a non-profit organization, operating aole4 to give the public, who may become members, recreation and that It is buying war bonds with eom of the profits and aiding local charities, and saving the balance to build a home for the local American Legion Poet, aad for the purpose of raleing a fund to aesist and aid the Veterans of the preeent war the Uependente of those who fall to return.
"Article 4668, Civil Statutes of Texas, 1925, entitled 'PoolEalla', provides in part a.8 follows:
"'Bo person actiog for hlmeelf or other ahall maintain or operate a poolhallwithin this State.
The term "poolhall.", need herein, includea any room, hall, building or pert thereof, tent or enclosure of say kind eimllar to those named, or any incloeed open space, in which are exhibited for hire, revenue, fees or gain of any kind, or for advertising purposes of any kind, any pool or billiard table or stand or structure of any kind or character on whleh may be played pool or billiards or any game simil=to
pool or billiards played with balls, cue8 or pins or any slmilnr device. Any such table, stand etmc- ture of any kind used or exhibited in cooaectlon with any place where goods, wares or merohandfse or other things of value are eo1d or gfven away or where or upon which any money or thing of value fe paid or er- chapgad ehall be regarded ae place where le exhibited the same for hire, revenue or gain.'
. ”
@The red of tble act not quoted herein mere4 provlden the methods of abating a violation of the above article.
'Article 653, Penal Cede of Texas, 1925, entitled, 'Operating Pool Hell', provides aa follows:
"'Whoever shall operate or maintain a pool hall, ae that term la defined by the laws of tbie state, shall be fined not lees than twenty-five nor more than one hundred dolLare or be confined to jail not lees than one month nor more thaa one year. Each day of such violation shall be a separate offense.'
'In view of the above etated facte and the two Articles quoted, this office desires your opinion on the following questions:
"1. Is the American Legion Recreation Club of Paris, Texas aaintaimlng and operating a 'pool hall' as that texm la defined in )<rticle R. C. S of Texas, 19257 If you awwer question Ro. 1 in the “2.
al'firmatlve, then, la it sole4 the eelllng the cold
drinks, candy and tobacco in connection with the
operation of the pool tablee that bringe eaah club under the terma of said Article of the Statute?
“3. If you anewer question Bo. 2 in the negative, then, doee the accepting of donations, ae outlined above, in connection with the operation of the pool tables bring came within the meaning of the term
'exhibited for hire, revenue, fees or gain of any ae need in said Article of the Statute? Hna’,
“4, If you anewer queetlon Ilo. in the affirmative, then would it mabe any difference in your anewer to such question go. If all eollcitation of dmatlone, by way of punching of cards, written remindera, and otherwise, were etopped, although voln~tary donations were received by the Club from the players1
"5. If yen anewer question Ilo. 1 la the negative, then would private indlvidu+l, operating sole4 for personal profit but with the came set up in regard to Club organization, mode of operation, pnrposee *4 Honorable A. H. Harrlraon, Page 4, 0-4665
aima a.8 far aa poeslble, be operating a 'pool hall' aa that ten is defined in said Article?"
You are respectfully advleed that our opinion with reference to your questiona herein subPitted Is a.s followe:
That Question lie. 1 is answered in the affirmative.
That Qaestlo~ Ho. 2 irr answered in the negative.
That Question lio. is answered in the affirmative.
That Question Ho. 4 la answered as follows: We think it wonld make no difference in our answer to Question Ilo. if all solioitatlon of donations, by way of punching cards, written reminders, and otherwise were atopped, althowgb voluntary donations were received by the club from the players.
As we do not answer Qneation lo. 1 in the negative, there lo no occaalon to answer Question go. 5.
We do not want to be understood as undertaking to give lnstrac- tioae a11 to how a club or an individual, or a group of indlvldualn, may legally maintain tables need la playing pool without violating the IA”.
The anewem to all your questions are supported by opinlon~Wo. O-792 this department, together with the authorities cited and quoted therein, a copy of which ia attached hereto.
Trusting that your inquiry Is answered herein, we are Very truly youre xv
Fred C. Chandler Aselstant Fcc:Go
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