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 Beerea-
tion Club of Parim, Texas,
maintaining and operating a
PO01 hail ~8 that ten is de-
fined 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.8follows: '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.8follows:
"'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 etmc-
ture 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 er-
chapgad 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 )