KCBD Investigates: Stricter rules could be on the way for Lubbock County game rooms

Published: Mar. 14, 2024 at 7:30 PM CDT|Updated: Mar. 14, 2024 at 10:19 PM CDT

LUBBOCK, Texas (KCBD) - Game rooms seem to pop up just as quickly as they shut down.

One year ago, the Rich Land Entertainment game room off of 92nd Street and Avenue P closed after a shooting left an employee dead and injured a patron so severely that he is now a quadriplegic.

Now, Winstar Game Room operates out of that building.

“It doesn’t surprise me, not in the least. The game rooms are highly profitable. Anybody can open one because there’s no regulation on it so you still have the same problem you had a year ago,” said Jason Corley, Lubbock County Commissioner of Precinct 2.

Hours before the March 2023 Rich Land Entertainment shooting, Corley presented commissioners with a game room ordinance.

Corley said he worked with a local attorney to draw up the ordinance which would in part, limit the number of game rooms in the county and regulate their hours of operation.

At the time, Lubbock County Civil Chief Neal Burt argued adopting an ordinance would legitimize gambling which is illegal in the State of Texas.

The Lubbock County Sheriff’s Office also questioned if additional funds would be needed to regulate and enforce the ordinance.

While the majority of commissioners were in favor of an ordinance, they voted three to two to give Burt’s team time to review the ordinance and make changes.

Since Corley’s proposed ordinance last year, state lawmakers have passed House Bill 4446, co-authored by Carl Tepper, District 84, which gives counties more authority to monitor game rooms.

The bill went into effect in September 2023.

The revisions to the state statute now allow a county to require an owner or operator of a game room to obtain a license or permit to operate. Counties may charge a $1,000 application fee.

An application may require:

1. the name of the business, including a copy of the assumed name certificate;

2. the legal name, social security number, date of birth, and other relevant information concerning each person who owns at least five percent of the business or serves in a management role for the business;

3. the name and contact information of the owner of the property where the game room is located;

4. information concerning any other game rooms previously or currently operated by the applicant;

5. the applicant’s fingerprints;

6. a copy of the applicant’s valid state-issued driver’s license or personal identification card and social security card; and

7. the applicant’s consent for a criminal history record information check of the applicant.

Game room employees may also be required to obtain a license or permit. Applications for employees are $50.

Employee applications may require:

1. the person’s legal name, social security number, date of birth, and other relevant information;

2. the person’s criminal history;

3. the applicant’s fingerprints;

4. a copy of the applicant’s valid state-issued driver’s license or personal identification card and social security card;

5. a recent photograph of the applicant’s face and a recent photograph of the applicant’s full body; and

6. the applicant’s consent for a criminal history record information check of the applicant.

A county may not issue or renew a license or permit for an applicant who has previously been convicted of a Class B misdemeanor or higher criminal offense.

“So the goal behind it is, unless someone is willing to run an extremely tip-top ship with folks who have only ever had a Class C misdemeanor, pretty much your regular driving infractions, none of them can be a part of any level of the operation,” Burt said.

Counties are also allowed to send fingerprints of applicants to the Department of Public Safety so a permanent record can be stored in the criminal information system.

“That gives the potential for an enhancement to aid law enforcement in everything that we do,” Burt said.

Burt said the state statute also allows them the opportunity to seek civil penalties against owners, operators, and employees.

Burt said the fines vary depending on the situation but can add up quickly and allow his office to set up the necessary steps declaratory or injunctive relief to shut the business down.

Corley said he is working with a Lubbock County constable and the tax assessor-collector to revise his ordinance, which he plans to present to commissioners within the next two months.

Burt said he plans to meet with Corley to work together on a final draft.

We asked Burt if existing game rooms would be grandfathered in, or if they, too, would need to apply for a license.

“The law itself only applies to the applications for new game rooms or when someone has to renew their application,” Burt said.

Burt said that is something they will take into consideration as they work to draft an ordinance.

PREVIOUS COVERAGE

Lubbock County commissioners considering game room crackdown (kcbd.com)

Commissioner Corley to reintroduce game room regulations following shooting, hours after proposal was tabled (kcbd.com)

Commissioners revisiting game room regulations during next meeting (kcbd.com)

Lubbock County Commissioner: By January 2024, there will be a game room ordinance in place (kcbd.com)