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Groves extends six-month moratorium on new game-room applications amid legal uncertainty

3839595 · May 13, 2025
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Summary

Groves City Council voted to extend a moratorium on game-room permit applications for up to six months while staff and prosecutors monitor pending legislation, court rulings and local prosecutions; council also agreed to prorate fees for existing permits during the extension.

The Groves City Council on May 12 approved Ordinance 2025‑O9 to extend the city’s moratorium on new game-room applications for up to six months while staff await further guidance from courts, the Jefferson County district attorney and the state legislature.

City staff told the council recent enforcement activity had produced revocations at several local game rooms, and that legal questions remain about whether certain machines are skill-based or gambling devices. Staff also reported they are consulting with Jefferson County and watching actions in Beaumont and Orange regarding ordinance updates and prosecution approaches.

Why it matters: Council said the moratorium preserves local regulatory flexibility while courts and prosecutors consider whether specific game machines meet the state’s definitions for gambling or gaming. Staff emphasized that enforcement and prosecutorial decisions are still pending, and the DA’s office is reviewing at least one brand for potential prosecution.

During the discussion staff said inspections conducted by the fire marshal and police led to revocation of permits at three establishments; the appeals board upheld the revocations April 29. Staff reported Groves currently has four operating game rooms, one additional location renovating but not yet open, and several prior applicants whose processing had been paused when the first moratorium was imposed.

Council debated how to handle permit fees for businesses that remain open during the extension. One council member said the city should collect prorated operating fees rather than extend coverage without payment. Staff confirmed the ordinance does not need additional language to allow prorating, and council directed administration to charge for the period that the moratorium covers (for example, pay months to the end of the extension) rather than allowing free operation through the pause.

Council also discussed that some legal matters are in other jurisdictions and at the state level. A staff member summarized multiple simultaneous developments: an appealed Fort Worth case (the Texas Supreme Court declined review on some aspects), potential new state legislation, and local prosecutorial review of specific machine brands to determine whether devices are skill-based or use algorithms. Because of these overlapping processes, staff recommended, and council agreed, to pause new applications until there is more clarity.

The ordinance extension passed on a voice vote with all council members present voting aye. Staff will administer prorated fees for permits that come due during the moratorium and will return with updates as prosecutorial or legislative guidance emerges.