Anderson Suggests New Look At Game Machine Ordinance

"Could we take a new look at the ordinance on game machines?"

West Tawakoni Councilman Wayne Anderson inserted the question into an already busy meeting Tuesday night of the city council and touched a nerve.

"You can review any ordinance any time you so choose," answered City Administrator Cloy Richards. "I would recommend that you do take a look at it."

The city charges fees to license the controversial eight-liner game machines.

Richards said the city could choose to license any machine.

He gave as an example, "Pool tables have stickers. If two guys bet two bucks on a pool game, there is not anything the city could do."

He said an answer to the problem might be to increase the fee charged to license them. "Not so we’ll have the money" but rather control the problem, he said.

Richards recounted the problems the city police department would have in making a case against the gaming machines.

Police Chief Schultz said the police would have to operate undercover and witness illegal operations. A search warrant would have to be obtained and executed.

After that he said the boards inside the machines would have to be seized as well as the cash. Then he said both would have to be stored for many months during the prosecution of the cases.

"We just don’t have the space," he said. In addition he said when the board from the machines were returned, they had better be working properly.

Another problem he said was in securing the amount of cash that would be seized along with the machines.

He said he would not sleep at night with that amount of cash in storage in the property room.

Schultz pointed out that the machines themselves were not illegal. He said they were legal until operated illegally.

Mayor Protem Pete Yoho asked if the city could have an ordinance making gaming machines illegal.

"Is a pool table a gaming machine?" asked Schultz.

He again said the machines were legal and said that a pinball machine could be rigged to make a payoff.

Richards pointed out that since the last raids by the Hunt County Sheriff’s Office on gaming machines and game rooms throughout the county, not one of the cases had been prosecuted.

He said currently there were three game rooms inside the city and five other locations with gaming facilities.

City Attorney Charles Calkins said the problem in making them illegal was that they were already in operation. "Right now, you’re closing down businesses," he said.

He said by using increased fees was about the only way to regulate them.

Richards said if the city attempted to prosecute the operations, all the work would go to the county or State of Texas.

Schultz said prosecution would require outside help.

Richards said State Rep. Dan Flynn was unable to get one vote in the Legislature to get his bill on the machines even to a committee.

Richards summed up that the answer was for either the police to hang out in the rooms or increased license fees. "Can you think of anything else?" he asked.

"There is nothing else," Schultz said.

Richards said that one owner of the machines even suggested that the city raise fees. "Does that tell you anything?" Richards asked and said the machines must be making money.

Schultz said the bigger game rooms could be bringing in $1,000 per day per machine.

Suggestions were made to hold a workshop meeting on the game room ordinance and determine what precedent had been set.

"We can set our own precedent," Anderson said.

"We can," Richards agreed.

Calkins said the city would be spinning its wheels without legal guidelines to determine "if you can do this, or no, you can’t do that."

Anderson said since the city already had an ordinance and the only issue was fees, a workshop for an ordinance was not needed.

The issue is expected to be placed on an upcoming meeting agenda.

Michael Dehring of Arrowhead Addition spoke out on several issues including eight-liner machines inside the city. "We all know they are paying money," he said and said they were a bad reflection on the city.

Karen Houston told the city she had several projects underway in the city and looked forward to working with everyone. "You’re doing a good job," she said.

• All members of the council were present for the meeting.

Police Chief Schultz reported 67 citations issued during January including speeding, 25; motor vehicle inspection, 11; failure to change address on drivers license, 1; no valid drivers license, 1;

Motor vehicle registration, 8; public intoxication, 1; disorderly conduct, 1; expired drivers license, 2; unrestrained child in vehicle (seat belt), 1; and

No insurance, 8; theft, 1; discharge firearm in city limits, 1; stop sign, 2; and drivers license restriction violation, 1.

Police took 10 offense reports including incident, 2; theft, 2; driving while intoxicated, 2; driving while license invalid, 2; unauthorized use of motor vehicle, 1; and criminal mischief, 1.

The 11 arrests included public intoxication, 1; warrants, 5; driving while intoxicated, 2; driving while license invalid, 1; and no valid drivers license, 1.

Two accidents were investigated.

Municipal Court Judge Janice Leuze reported 61 citations issued; 48 cleared; 3 reset; 1 citation on ordinances; 1 appeal; 1 trial pending; 13 failure to appear at court; 24 warrants issued; 5 payment agreements; 2 defensive driving; 13 deferred probation; and 1 community service.

Gross fines totaled $11,823; monthly court costs, $5,254; and net fines, $6,569.

Code Enforcement Officer Mike Kerr listed three electrical inspections for the month; plumbing fees, $50; electrical permit fees, $50; occupancy permit fees, $60; health and food permit fees, $120; for a total of $280.

Code enforcement violations included trash and junk, 16; inoperative vehicles, 7; illegal signs, 6; 911 addresses, 5; and animal complaints, 17.

West Tawakoni City Park host Rob Butler reported 25 fishermen and swimmers, 45 using the basketball and volleyball courts, and 60-75 using the playground and pavilions.

Utility Clerk Brandi Miller reported 1,019 active water customers in the city for February. She said the city had eight new customers for the month of January.