Crackdown commences on eight-liners: Police find at least 12 locations in city with illegal machines

PLANO - A crackdown on illegal gambling has resulted in violations at at least 12 different establishments in central and east Plano.

The cases deal with video gambling machines, commonly referred to as eight- commonly referred to as eight liners. The machines not only serve as video slot machines, but some can also play games such as keno and video poker. The machines themselves are not illegal in Texas, however, they are restricted and may not dispense cash prizes.

Officer David Tilley, a spokesman for Plano PD, said the department does not know if the owners of the machines were acting out of ignorance, or if they were willingly breaking the law. He said the department is trying to get the word out about the machines to prevent other people from using them illegally in the city.

"We have had some complaints from citizens, as well as some Crimestoppers tips, of some illegal gambling activity in some of the independent convenience stores throughout our city," Tilley said. "We want people to know that if the machines are used outside of the guidelines, we are going to be coming to their door and shutting them down."

The potential confusion over the legality of the machines stems from exception 47.01 (B) of the Texas Penal Code. Most slot machines and similar devices are illegal, however, the machines are legal if they are "adapted solely for bona fide amusement purposes," and not for gambling. If the machines give out non-cash prizes or merchandise not worth more than 10 times the amount charged to play, or $5, whichever is less, then they are legal. When the machines are modified to dispense cash or the prizes are too valuable, they become illegal and the police will step in, Tilley said.

A 2004 memo written by Shannon Edmonds and retrieved from the Texas District & County Attorney Association website, said without the repeal of subdivision B by the Legislature, the eradication of eight-liners cannot be guaranteed.

"Subdivision B became known as the fuzzy animal exception when it was added to the law in 1993 and amended in 1995," Edmonds wrote. "The convoluted language in subdivision B was passed by the Legislature to authorize the operation of amusement machines like crane games that award the operator with a fuzzy animal. However, the same exception has been exploited by those who construct and operate eight-liners that technically meet the limited payouts allowed under subdivision B."

Tilley said the department feels that illegal eight-liners may be becoming more popular, and the department decided to act now to hopefully limit their use in the city. He said detectives feel they have located all of the illegal machines in the city, but said the investigation is ongoing.

"We have started getting more and more of these complaints and when you look at 12 [locations], that is quite a few," Tilley said. "We feel like it is something that needs to be focused on and we want the public to contact the police department if they see these devices so we can check them out and make sure they are being used in a legal manner."

People who are caught using illegal eight-liners are subject to being cited for a Class C misdemeanor, while store owners could be charged with a Class A misdemeanor.

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