Game off?: Marble Falls considers game room ban
Game Changer is one of a few maybe-legal gaming rooms in Marble Falls. City Council is considering a ban or partial ban on the establishments. Staff photo by Dakota Morrissiey
Marble Falls officials are considering a ban or partial ban on “game rooms” and “gaming machines” within city limits, in reference to the gray-area gambling establishments and kiosks that have popped up in recent years. No hard decisions have been made, but local law enforcement believes a ban would reduce crime. Some residents and business owners disagree, believing “gaming” has a legitimate place in the city.
Marble Falls City Council heard on Tuesday, Nov. 4 a proposed ordinance from Marble Falls Police Chief Glenn Hanson that would “prohibit the ownership, display, exhibition, operation and use of redemption machines and game rooms in the city.”
Hanson was tasked by former Mayor Dave Rhodes with exploring a potential ban on gaming machines in the city and the proposed ordinance was the result of a lengthy, thorough investigation into the matter.
Beyond the request of the former mayor, Hanson said that he had his own concerns about gaming operations in Marble Falls.
“These establishments often attract criminal activity, including illegal gambling, narcotics use, and other offenses,” he told the council. “Gamerooms become magnets for crime, drawing individuals who exploit the lack of oversight. Removing these operations will reduce strain on law enforcement resources and create a safer environment for residents and legitimate businesses.”
Hanson backed up his statement with numbers, telling the council that the narcotics division of the Marble Falls Police Department has made 50 arrests in the last year connected to activity surrounding game rooms in the city.
According to Hanson, there are three or four “legitimate” game rooms in Marble Falls and many gaming machines at gas stations, restaurants, liquor stores, and other businesses.
Gaming rooms and gaming machines fall into a legal gray area in Texas. Technically, they are illegal according to state law, which forbids gambling devices from awarding cash prizes or prizes of monetary value. Many establishments and game machine owners use legal loopholes and workarounds to do business by using games that require some element of skill or by taking “donations” from customers and then allowing them to redeem vouchers for cash.
“Given the clear violations of state laws, negative social and economic impacts, and demonstrated link to criminal activity, staff recommends the city council act favorably on the proposed ordinance,” Hanson said.
City Council ultimately did not make a decision on whether to pass the ordinance, but asked City Attorney Josh Brockman-Weber to work with Hanson and the city administration to investigate the matter further. The proposed prohibition will be addressed at a yet-to-be-determined future council meeting.
“My personal feeling is that I don’t really want anymore (gaming rooms or machines),” Mayor John Packer said.
He was followed up by Place 1 Councilor Griff Morris, who finished the mayor’s thought.
“But, I also don’t feel good about putting people out of business,” Morris said.
The council also heard from Dennis Stines, the owner of Game Changer, a gaming room at 1103 RR 1431 in Marble Falls. Stines lives in Madison, North Carolina and told DailyTrib.com that he flew to Texas and made the trip to City Hall on Tuesday just to speak at the council meeting about the proposed ordinance.
“We operate ourselves as a clean operation, we pride ourselves on that,” he told DailyTrib.com. “We’re more of a social club atmosphere than anything.”
He explained that Game Changer is a legitimate business that pays employees above the table and does its best to work within a legal interpretation of Texas state law. He also said that he is willing to work with the city on any proposed changes to city ordinances that would allow him to continue to operate.
“We agree that all game rooms should be regulated,” he told the council. “We try to make all of our stuff compliant, it hasn’t been an issue. We’re compliant with local laws.”
A few members of council asked City Attorney Brockman-Weber if a city ordinance prohibiting gaming rooms was enforceable or within the city’s power.
“It’s not black and white law at this point and there have to be some further cases to see what the boundary is,” he said. “There could be a legal challenge (to the gaming room prohibition) and council has to decide if it’s important enough to take up the challenge.”
According to Stines, he believes the city could have a hard time and have to spend considerable resources determining whether or not his or other operations are actually illegal.
“If (the city) said everything (had to be) closed tomorrow, we’d come right back with skill-based games,” he told DailyTrib.com. “That’s going to put extra burden on the city to prove it.”
A Game Changer customer, Cynthia Outlaw, also spoke at the council meeting, defending the establishment and rebuking the accusation that it fostered criminal activity.
“I don’t go in expecting to win,” she said. “I go in to have some fun with my hard-earned money. I invite my friends, we all just gather there, and we’re not looking to have any kind of criminal activity.”
