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 BeereationClub of Parim, Texas, maintaining and operatinga 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 letteras follows:

"TheConnty Attmney'a office of Lamar County haa been instructedby 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 localAmerican 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 Legionnaireor ex-service wm -remberehip Is open to the general publfc vith the restriction that the Board of Supervisor8will 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 eligibilityof each applicant as to hie mral fituese, etc., before the issuanceof a maabershlp card. There is no charge for themembership card. "ThisClub haa a hall wherein several pool tebles are maintained for the me of themembers, also cold drinka, candy and tobaccoare sold In the hall. The clab haa a dealwith 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 equallybetween 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.8follows: 'Thisclub ismalntaned 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 leavesthe hall he turns in his card,with the umber of games of pool he has pleyed punched thereon, to the Club's operator, togetherwith his voluntary donation, If any, which usually amonnte to 56 per person per game. The operatm and the Board of Supervisors claim that if amember failed and refused to donate theywould 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 becomemembers, recreationand that It is buyingwar bonds with eom of the profits and aiding local charities, and saving the balance to build a home for the localAmerican Legion Poet, aad for the purpose of raleing a fund to aesist and aid theVeterans of the preeentwar **and** the Uependente of thosewho fall to return. "Article 4668, Civil Statutes of Texas, 1925, entitled 'PoolEalla', provides in part a.8follows:
"'Boperson 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, inwhich are exhibited for hire, revenue, fees or gain of any kind, or for advertisingpurposes 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 billiardsplayedwith balls, cue8 or pins or any slmilnr device. Any such table, stand 01 etmcture of any kind used or exhibited in cooaectlonwith any placewhere 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** placewhere le exhibited the same for hire, revenue or gain.'. ”

@The red of tble **act** not quotedherein mere4 provlden the methods of abating **a** violation of the above article. 'Article 653, Penal Cede of Texas, 1925, entitled, 'OperatingPool 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-fivenor more than one hundred dolLare or be confined to jail not lees **than** onemonth 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 theAmerican LegionRecreation Club of Paris, Texas aaintaimlng and operatinga 'poolhall' **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 saidArticle of the Statute? “3. If you anewer questionBo. 2 in the **negative,** then, doee the accepting of donations,ae outlined above, in connectionwith the operation of the pool tables bring came within themeaning of the term 'exhibitedfor hire, revenue, fees or gain of any Hna’, ae need in saidArticle of the Statute? “4, If you anewer queetlonIlo.3 in the affirmative, thenwould it mabe any difference in your anewer to such questiongo. 3 If all eollcitation of dmatlone, by way of punching of cards, written remindera, **and** otherwise,were etopped, although voln~tary donationswere received **by** the Club from the players1
"5. If yen anewer questionIlo.1 la the negative, thenwould **a** private indlvidu+l,operating sole4 **for** personalprofit butwith the came set up in regard to Club organization,mode of operation,pnrposee **and**HonorableA. H. Harrlraon, Page 4, 0-4665

aima a.8far **aa** poeslble, be operating a 'poolhall' aa that ten is defined in said Article?"
You are respectfullyadvleed that our opinionwith reference to your questiona**a.8**herein subPitted Is **a.s** followe:

That Questionlie.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 QuestionHo. 4 la answered as follows:
We think itwonld make no difference in our answer to Question Ilo.3 if all solioitatlonof donations,by way of punching cards, written reminders,and otherwisewere atopped,althowgb voluntary donations were received by the club from the players.

As we do not answer Qneationlo. 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 a11to how a club or an individual,or a group of indlvldualn, may legallymaintain tables need la playing pool without violating the **IA”.** The anewem to all your questionsare supportedby opinlon~Wo. O-792 of this department, togetherwith the authoritiescited and quoted therein, a copy of which ia attachedhereto.

Trusting that your inquiry Is answeredherein, we are Very trulyyoure



## xv Fred C. Chandler

Aselstant
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