Untitled Texas Attorney General Opinion

Honorable Jack Fant Opinion No. S-192 County Attorney El Paso County Re: Whether a "Bank-A-Ball" El Paso, Texas cofn operated amusement device is a "pool table" as deffned by Article Dear Mr. Fant: 4668, v,c,s, You have requested an opinion from thfs office asking whether "Bank-A-Ball" coin-operated amusement devices are "pool tables" within the definition contained in Article 4668, Vernon's Civil Statutes,and as such would constitute any place wherein they are operated a "pool hall" wfthfn the prohfbftlon contained in Article 4668, and subject the operator of such place to prosecution under Article 653 of Vernon's Penal Code. Article 4668 reads as follows: 'NO person acting for himself or others shall maintain or operate a pool hall within this State. The term 'Pool Hall,' as used herein, includes any room, hall, burlding or part thereof, tent or en- closure of any kfnd similar to those named, or any fnclosed open space, fn whfch are exhibfted for hire, revenue, fees or gain of any kfnd, or for advertfsing purposes of any kind, any pool or bfl- liard table or stand or structure of any kind or character on which may be played pool or bfllfards, or any game sfmflar to pool or bfllfards played with balls, cues or pins or any sfmflar devfce, Any such table, stand or structure of'any kfnd used or exhibfted fn connection with any place where goods, wares or merchandise or other things of value are sold or given away or where or upon which any money or thing of value fs paid or exchanged shall be re- garded as a place where is exhibited the same for hire, revenue or gain. The habftual, actual.,or contemplated use of any premises, place, room, building or part thereof or tent, or any kfnd or character of enclosure similar to those named, or any uninclosed open apace for the purpose of ex- hfbftlng any table, stand or structure of any kind described fn this article may be enjoined at the Hon. Jack Fant, page 2 (Opinion S-192) suit of eether the State or any cftizen thereof. . 0 0II "Bank-A-Ball" is a coin-operated game. It 18 played on an oblong table with cushioned sides, 36 inches wfde, 52 inches long, and 32 inches high, with marked balls and cue sticks, the purpose being to sink balls Into a cup or hole in the table surface by Impelling the balls with cues, in the process of doing which similar shots, such as bank and straight shots which are used In the game of pool, are made. Webster's New International Dictionary, Second Edition, Unabridged, defines the game of billlards as "any of several games played on an oblong table with balls Impelled with a cue." The case of Clark v. State, 53 S.W.2d 52 (Tex. Crlm. 1932), held that a game played with cues and ten balls on a miniature pool table maintained in a drugstore, which was operated through the deposft of a coin, was a game similar to pool or belliards withfn Article 4668. This case cites as authority Commonwealth v. Nance, 158 Ky. 444, 165 S.W. 423 (1914), wherefn the playfng surface of the table had holes at one end guarded by pegs. On the basis of Clark v. State, supra, we do not feel that because the playing table Is smaller, or less than fifteen balls are used, or less than six pockets recefve the balls, or obstructfons are placed upon the playing surface, Bank-A-Ball is not "a game simflar to pool or billiards." It is, therefore, the opinion of this office that the game of "Bank-A-Ball" is, as you have concluded, similar to pool or bfllfards and comes wfthin the above definition, Any establishment wherein such machines are so exhfbfted would be a "pool hall." SUMMARY Bank-A-Ball, which is a coin operated game played with cues and marked balls on an oblong table with cushioned sides, the purpose befng to sink the balls in holes in the table surface Hon, Jack Fant, page 3 (Opinion S-192) using shots afmflar to pool or billiard shots, fa a game similar to pool or billiards as defined in Article 4668, V.C.S. Yours very truly, APPROVED: JOHN BEN SHEPPERD J. Fred Jones State Affairs Division Assistant D. 5. Meredith, Jr. Reviewer Sam 0. Kimberlin, Jr. Reviewer John Atchison Reviewer L. W. Gray Special Reviewer Davis Grant First Assistant John Ben Shepperd Attorney General WC:ca