HomeMy WebLinkAboutItem 10 - Eight-Liners MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: BRUNO RUMBELOW, CITY MANAGER
MEETING DATE: FEBRUARY 3, 2026
SUBJECT: PROHIBIT EIGHT-LINERS AND OTHER GAMBLING DEVICES
RECOMMENDATION: City Council to consider an ordinance amending the Grapevine Code of
Ordinances Chapter 14 by amending and replacing Article I to prohibit
eight-liners and other gambling devices and take any necessary action.
FUNDING SOURCE: NA
BACKGROUND: Following a years-long lawsuit against the City of Fort Worth the Second
Court of Appeals ultimately found eight-liners to be unconstitutional (as
they are games of chance and not games of skill). Eight-liners have
become more common in Grapevine and exist in some restaurants and
several convenience stores. Passage of this ordinance would strengthen
the ability of the Police Department and Code Enforcement to enforce the
ruling.
Approval of this ordinance would not affect the operation of coin operated
games at venues such as Main Event and Round One, as those machines
are considered games of skill.
Staff recommends approval.
ORDINANCE NO. 2026-009
AN ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS,
AMENDING GRAPEVINE CODE OF ORDINANCES
CHAPTER 14 BY AMENDING AND REPLACING ARTICLE I
TO PROHIBIT EIGHT-LINERS AND OTHER GAMBLING
DEVICES; CONTAINING A SEVERABILITY CLAUSE;
CONTAINING A CONFLICT CLAUSE; PROVIDING AN
EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION.
WHEREAS, in City of Fort Worth v. Rylie, the Texas Second Court of Appeals
(Forth Worth), found that those machines commonly referred to as "eight-liners", were
unconstitutional because they are illegal lotteries as they require consideration for a
chance to win a prize, and that city ordinances regulating such machines were not
preempted by the Texas Occupation Code; and
WHEREAS, establishments that operate eight-liners can have a deleterious effect
on both the existing businesses around them and the surrounding residential areas
adjacent to them, causing increased crime, such as gambling, theft, criminal trespass,
criminal mischief, and burglary; and
WHEREAS, when an establishment's primary use is the operation of 8-liners, it
contributes to urban blight and downgrading the quality of life in the adjacent area; and
WHEREAS, the City Council desires to minimize and control these adverse
effects and thereby protect the health, safety, and welfare of the citizens of the City,
protect and preserve the quality of life, deter the spread of urban blight, and preserve the
property values and character of the surrounding neighborhoods; and
WHEREAS, the City Council has determined that it is in the best interest of the
public health, safety, and welfare to prohibit the operation of said electronic gaming and/or
gambling devices within the City of Grapevine; and
WHEREAS, all Statutory and Constitutional requirements for the passage of this
ordinance have been adhered to, including but not limited to the Open Meetings Act.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS;
SECTION 1. That all matters stated hereinabove are found to be true and correct
and are incorporated herein by reference as if copied in their entirety.
SECTION 2. That "Chapter 14 - Occupational licenses, taxes and regulations,
Article I - Billiard halls and skill or pleasure coin operated machine establishments" is
amended and replaced to read as follows:
ARTICLE I. — Eight-liners
Sec. 14-1. — Eight-liners prohibited.
(a) For the purposes of this article, the term eight-liner shall mean any electronic,
electromechanical, or mechanical device, machine, or contrivance, including
any video-based, computer-based, or digital device, that-
(1) accepts payment in any form to initiate play;
(2) affords a player an opportunity to receive a prize, award, credit, ticket,
or thing of value; and
(3) determines the outcome of play predominantly by chance.
(b) Eight-liners include, but are not limited to, those devices commonly known as
eight-liners, video slot machines, video poker, or any similar or successor
device, regardless of the manner in which prizes are displayed, awarded,
redeemed, or represented.
(c) It shall be an offense for any person, firm, or corporation to display, or permit
the display of, any eight-liner for customer use within the City.
Sec. 14-1. —Video game arcades - exception.
This article does not apply to amusement and video game arcades lawfully
permitted and operating pursuant to the Grapevine Zoning Ordinance.
Sec. 14-3. — Penalty.
(a) A violation of this article shall constitute a misdemeanor and upon conviction
thereof the violator shall be fined in a sum not to exceed the maximum penalty
allowed by law. It is considered a separate offense for each day or portion of a
day during which the violation is continued.
(b) In addition to prohibiting certain conduct by individuals, it is the intent of this
section to hold a corporation or association criminally responsible for prohibited
conduct performed by an agent acting for or on behalf of a corporation.
(c) In addition to the criminal offenses and penalties prescribed, the City of
Grapevine may pursue other remedies such as abatement of nuisance,
injunctive relief, and revocation of licenses or permits.
SECTION 3. That this ordinance shall be cumulative of all provisions and
ordinances of the City of Grapevine, Texas, except all ordinances or any parts thereof
Ordinance No. 2026-009 2
which conflict with the terms of this ordinance shall be and are hereby deemed repealed
and of no force and effect.
SECTION 4. The sections, paragraphs, sentences, clauses, and phrases of this
ordinance are severable. If any section, subsection, sentence, clause, or phrase of this
ordinance shall for any reason be held to be invalid, such decision shall not affect the
validity of the remaining portions of this ordinance.
SECTION 5. Any person, firm, or corporation that violates enforcement of any of
the provisions of this ordinance shall be fined not more than the maximum allowable by
law for each day of the offense. Each day that a violation exists shall constitute a separate
offense.
SECTION 6. This ordinance shall take effect and be in full force and effect from
and after its adoption, and publication as required by law.
AND SO IT IS ORDERED.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE,
TEXAS on this the 3rd day of February 2026.
APPROVED:
William D. Tate
Mayor
ATTEST:
Tara Brooks
City Secretary
APPROVED AS TO FORM:
Matthew C.G. Boyle
City Attorney
Ordinance No. 2026-009 3