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Geanie Morrison filed a request for opinion on Jan. Dominguez compared his business model to that for places selling alcohol in "dry" areas in Texas. It was mid-November when city leaders found out they might be on the verge of something questionable. No alcohol was sold, or food, but players were allowed to bring their own. It is also what has led some to be shut down by law enforcement shortly after opening, despite being given the go-ahead by city officials to open. Lozano said while he supports poker clubs that are "complying with the law," he has concerns with those who are actively looking at ways to circumvent what's in place. Garcia said aside from the legal questions surrounding the clubs in question, he was also concerned about the city's liability in the future. City officials, instead, passed the ultimate responsibility for that determination to prosecutors and law enforcement officers, while still allowing the businesses to open. It was the club's first night open after being closed for more than a week because of concerns from law enforcement about its legality. However, he wished that city officials would have been clearer before issuing his business a permit. Dominguez and Espinoza both followed that same business model in Kingsville, as do similar clubs in Corpus Christi and Alice. District 30 House Rep. Less than a month after they opened, Espinoza and Dominguez's clubs were both closed due to concerns from Kingsville Police Chief Ricardo Torres and Hubert over their legality. Espinoza, who owns cell phone repair businesses in Kingsville and Alice, is referring to his club's hiatus. Those include a hookah lounge or other type of business, he said. Paxton had not issued an opinion on the matter as of press time, but his office's website does already offer guidance on what can be considered gambling. Morrison's request asks for clarification on that argument. While poker clubs prohibit tipping dealers from personal winnings, some clubs allow dealer appreciation' tips from one's own money.{/INSERTKEYS}{/PARAGRAPH} Dominguez said he is weighing possible legal action to reopen his business. Espinoza and another club owner, Rocky Dominguez Jr. Poker clubs in those areas did not take a percentage of the winnings also known as "raking" , nor were players allowed to tip dealers. The request was filed on behalf of State Rep. The clubs often charge some type of membership fee or rents seats by the hour or both , and some do not sell alcohol or food. Dominguez on Friday maintained that such a move was legal, because the tip in question must come from someone's own money, not from what they won at the table. At that same meeting, Dominguez and Espinoza both said they were just trying to establish a place where poker enthusiasts could play cards in a safe and relaxing environment after a long day at work or just to get out from home for a bit. Dominguez's club, as of press time, was still closed, while Espinoza reopened Rounder's on Wednesday as a free club. The Texas Alcoholic Beverage Commission does allow for Private Club Registration Permits that give businesses or non-profit organizations the right to sell alcohol to members in counties where alcohol is prohibited. Garcia expressed concern at several city commission meetings about the legality of the clubs, but City Attorney Courtney Alvarez repeatedly declined to give an opinion, limiting her advice to the special use permit for a private club. Those businesses charge membership fees to join, and Dominguez questioned why his club was any different. Dominguez was before city leaders about his proposed poker club, Kingdom's Poker Club, on 14th Street. She referred to the second defense against gambling in the state's penal code, which says that no one received an economic benefit except for personal winnings. But a true solution likely will not come until , at the earliest — that's when the Texas Legislature is scheduled to convene again. There were no membership or seat rental fees charged, meaning Espinoza made no money from its operation. District 43 State Rep. Dominguez maintained that his operation was legal. State law prohibits gambling, but does outline legal defenses for certain instances. {PARAGRAPH}{INSERTKEYS}The Philadelphia Eagles' surprise Super Bowl win over the New England Patriots is a popular topic of conversation before shifting over to other subjects, mostly poker-related. For Espinoza, who opened Rounders in January after receiving a special use permit from the city of Kingsville to do so two months prior, it is a bittersweet night. Asked how long he could sustain the business without any income, Espinoza said he could do it for maybe "two to three weeks" before looking at other uses for the space he currently occupies. Geanie Morrison. The question of whether poker clubs that charge membership or seat rental fees are legal has been put before Texas Attorney General Ken Paxton in a Jan. There are three poker clubs located in Lozano's district — the two in Kingsville and one in Alice. It's those first two items that have led to most of the confusion surrounding poker clubs in Texas, while allowing several to pop up in cities around the state. Only a bill drafted by lawmakers can change or clarify laws currently on the books, like the penal code that defines gambling. He said that the hope is that the request for opinion would "shine a light on what seems to be a gray area" in state law as it relates to poker clubs. Lynn Stucky, following concerns raised by a constituent in his district, said Stucky's chief of staff Worth Farabee. Poker Rooms of Texas in Plano remains closed, with a message on its website stating that the business is "working with local authorities to resolve operational issues so we remain a private, social, card club. But Espinoza does have his focus on a letter recently sent by a state representative to Texas Attorney General Ken Paxton.