The presence of a gaming device isn’t inherently illegal. However, if the gaming device enables the conduct of illegal activity on the retailer’s premises — such as a gambling device — then it’s presence would be a TABC violation. It is a violation to gamble at a TABC-licensed premises (see Texas Alcoholic Beverage Code Sections 11.46(a)(8), 11.61(b)(7), 61.42(a)(3), and 61.71(a)(16); and TABC Rule 34.3(c)(15) — regarding the general welfare, health, peace, morals, and safety of the people and the public sense of decency). If TABC has reason to believe a licensed location may be operating an illegal gaming machine, the agency will look at whether the machine meets the definition of a “gambling device” in Section 47.01(4) of the Penal Code (chance + consideration + prize). Also note that gambling is largely the purview of local prosecutors and police, so questions about gambling devices should also be directed to your local law enforcement officials.