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Clute council votes to ban amusement‑redemption machines after police report payouts, crime concerns

2869940 · April 3, 2025
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Summary

The Clute City Council voted to adopt an ordinance banning amusement‑redemption/gambling machines in the city after police said undercover officers found machines paying out cash at convenience stores. The city attorney and police chief recommended an outright ban rather than regulation.

Clute Mayor Calvin Shiflet and the City Council voted to adopt ordinance 2025‑O10 (option 1) banning amusement‑redemption machines in the city after several council members said police reports show the devices are being used to pay out cash.

The council took up two approaches: an outright prohibition of the machines or a regulatory regime that would require registration, per‑machine fees, and policing powers for the police department. City Attorney Christopher Duncan recommended the ban, saying the Fort Worth Court of Appeals has held similar machines are illegal gambling devices and that the Texas Constitution bars such devices. “I would recommend the option 1 to just basically outlaw all of the gambling machines,” Duncan said during the meeting.

Police Chief Hitch told the council undercover officers had already documented payouts at local businesses. “So far, we've sent undercover officers in and have actually caught five of those paying out money,” the chief said. He warned council members that game rooms often draw other criminal activity and that a legal ban would better support enforcement.

Council members debated the potential regulatory workload and the effect on local business owners who may be hosting machines. Some council members said they were reluctant to penalize small-business operators without clearer evidence that owners had direct culpability; others urged action to prevent a proliferation of standalone game rooms. Chief Hitch described the pattern he has seen in other jurisdictions: convenience stores initially host the machines and standalone game rooms can follow, bringing loitering and other public‑safety problems.

After discussion the council member moving the ordinance asked that option 1 — a prohibition — be adopted; the council voted to adopt option 1. The motion passed and the mayor announced the ordinance would be adopted as passed.

The ordinance text presented to the council would amend Chapter 14, Article 4, to regulate or prohibit the operation, possession or use of amusement‑redemption machines within city limits, provide definitions, establish penalties for violations, and repeal conflicting ordinances. The city attorney and police chief said the prohibition aligns with a recent Court of Appeals decision and would allow the police to pursue criminal enforcement rather than rely on a permit regime.

Next steps outlined by staff and the city attorney include preparing the final ordinance language for formal adoption on the city’s official docket and coordinating with the police department on enforcement procedures.

Votes at the meeting were called after the motion; the city clerk recorded the motion as adopted. No specific vote tally with named yes/no votes was provided in the public discussion transcript.