Poker players in Texas drawing legal scrutiny

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Poker players in Texas drawing legal scrutiny
Posted on Fri, Dec. 17, 2004
By Anthony Spangler
Star-Telegram Staff Writer

Poker enthusiasts who play in games and tournaments at bars, restaurants and other public venues are gambling on trips to jail, an attorney for Texas’ prosecutors association says.

But some game organizers, who have seen the interest in poker explode as the proliferation of television programs has drawn fans to the game, are wagering that their contests are legal.

Public poker games that use points or chips and give away prizes at the end of the night or after a series of tournaments are illegal, said Markus Kypreos, a research attorney for the Texas District and County Attorneys Association in Austin.

“It’s not any different than what people were doing with eight-liner machines to give away prizes or money,” he said. “You’ve got a lot of noncriminal people who are into poker. It’s hard for people to accept that what they are doing is illegal.”

To bolster his interpretation of Texas’ gambling laws, Kypreos is seeking an opinion from the Texas attorney general’s office on the legality of public poker games that use a point system.

Last year, the Texas Supreme Court ruled that eight-liners, similar to slot machines, are illegal gaming devices if their operators reward winners with cash or credit to continue playing.

Police and prosecutors are waiting for similar guidance before cracking down on public poker games, said Richard Alpert, Tarrant County assistant district attorney.

“If you look at the history of eight-liner machines, we waited until there was case law or an opinion from the AG’s office on their legality before we went forward with prosecutions,” he said.

Many of the public games springing up at area bars and restaurants are sponsored by the Amateur Poker League. The games, which don’t require entry fees, offer players the chance to accumulate points.

This year, the player with the most points nationally each month wins a trip to Las Vegas. Next year’s national champion will win airfare, hotel accommodations and a spot in the 2005 World Series of Poker, which costs $10,000 to enter and airs on ESPN.

Kypreos contends that winning a trip to the national tournament is the same thing as winning money or a prize.

The Amateur Poker League hosts Texas Hold ‘Em tournaments across the country and is sponsored by the World Series of Poker and the World Poker Tour. The regional Texas chapter has more than 100,000 members. Area director Mike Gilley argues that the games are legal because entry to the tournaments is free.

“We’ve got police officers and judges playing with us,” he said. “Our interpretation of the law is that it’s completely legal. We’re not paying money to our winners.”

Law enforcement agencies statewide target poker games that clearly violate state gambling laws, such as backroom games where alcohol is served or entry fees are charged.

On Monday, agents of the Texas Alcoholic Beverage Commission, which regulates liquor licenses, raided a poker club in an office complex in Bryan, arresting 18 people on Class C misdemeanor charges of gambling and three people on Class A misdemeanor charges of promotion of gambling.

“The original complaint was they were gambling and they were serving alcohol to minors and selling alcohol without a permit,” said Sgt. Mitch Dill, an agent with the Texas Alcoholic Beverage Commission in Bryan. “We needed to shut this operation down.”

Complaints of gambling at businesses licensed by the agency have risen 48 percent this year, said Rod Venner, deputy chief of enforcement.

“We’ve gotten enough complaints from the public that we put a statement about gambling on our Web site,” he said. “These businesses ought to consider that if they violate the gambling statute, they can jeopardize their alcohol permit.”

James Williams said he believes that the poker night he sponsors every Saturday at his Arlington restaurant, Campo Verde, is “harmless.”

“I just started it to give our customers something to do,” said Williams, who gives away a Mexican dinner to the night’s winner. “I’m not getting rich on it, that’s for sure.”

What’s legal . . .

• Under Texas law, gambling is legal if it is held somewhere private, the “house” doesn’t take a cut, and the games allow every player the same odds of winning or losing.

• A poker game at a person’s house is legal if the pot is split at the end of the night among all the players. Blackjack statistically favors the dealer, meaning it would be illegal. But poker is legal because each player has the same chance, for instance, to draw a pair of aces.

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ONLINE: For more information about gambling, go to http://www.tdcaa.com and click on November-December edition of The Prosecutor report.
http://www.tabc.state.tx.us
http://www.amateurpokerleague.com
Anthony Spangler, (817) 548-5412 aspangler@star-telegram.com