THE ATTORNEYGENERAL 

OF TEXAS 

Honorable A. II. Harrison 

County Attorney 

Lamar County 

Paris, Texas 

Dear Sir: Opinion Ilo. O-4665 

Re: Ia the American Legion Beereation Club of Parim, Texas, 

maintaining and operating a 

PO01 hail ~8 that ten is defined in Article 4668, Bevleed 

Civil Statutes 19259 

This department is in receipt of your letter of June 11, 

1942, 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, O-4665 

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 56 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 and 

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.", a.8 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 01 etmcture 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 erchapgad ehall be regarded ae a 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 4668, R. C. S of 

Texas, 19257 

“2. If you awwer question Ro. 1 in the 

al'firmatlve, then, la it sole4 the eelllng of 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 

Hna’, ae need in said Article of the Statute? 

“4, If you anewer queetlon Ilo. 3 in the 

affirmative, then would it mabe any difference in 

your anewer to such question go. 3 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 a private indlvidu+l, operating sole4 for 

personal profit but with the came set up in regard 

to Club organization, mode of operation, pnrposee and 
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 a.8 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. 3 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. 3 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 lnstractioae 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 of 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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