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BLOOMINGTON -- Don't bet the pot on whether Texas holdem
tournaments are legal.
When
asked for an opinion, Scott Mulford, spokesman for the
office of Illinois Attorney General Lisa Madigan, cited
the Illinois gambling statute that flatly states, "A
person commits gambling when he: Plays a game of chance
or skill for money or other thing of value, unless
excepted (by law)."
First offense is a misdemeanor punishable by fines and
imprisonment up to a year. A second conviction can bring
up to three years in prison.
Up
to now, however, local police say they haven't had any
complaints of poker tournaments.
And
two Central Illinois prosecutors said the issue isn't so
black and white. McLean County State's Attorney William
Yoder and Livingston County State's Attorney Thomas
Brown said each situation must be judged individually.
To
them, a key question is: Who's making the money -- a
private organizer or a charity? Some games are donating
a portion of the money to good causes. The goal of some
bars apparently is only to attract crowds. They run the
events, collect the money, pay out prizes and keep no
money for themselves.
Yoder sees where Texas holdem poker could fit a legal
clause that exempts "offers of prizes, award or
compensation to the actual contestants in any bona fide
contest for the determination of skill, speed, strength
or endurance."
Poker involves skill, he said, unlike roulette or other
games where winning hinges completely on chance. Players
pay a set entry fee to most Texas holdem contests, so
the amount someone can lose is known at the outset, he
added.
In
that sense, Yoder said, Texas holdem poker could be in
the same category as darts or pool tournaments, which
bars host routinely.
"Whenever you get cards for money involved, people start
thinking gambling," he said. "But we haven't had one
complaint, not one. If we get one, we'll have to look at
it."
Bar
owners who make a profit from them might have bigger
problems, Yoder said: "The Internal Revenue Service
might want to talk to them."
"I
haven't seen anything yet, not a single thing," Brown
said. "Any complaints would have to be reviewed on a
case-by-case basis depending on the circumstances.
There's a wide range from one held in a home to a bar
that does just that."
Businesses with liquor licenses might also run afoul of
local ordinances prohibiting gambling, said Bloomington
Deputy Corporation Counsel Hannah Eisner and Normal
Corporation Counsel Steve Mahrt.
Bloomington's liquor law prohibits gambling, which could
raise an issue of definitions.
"I
think our liquor commission needs to make a
determination," Eisner said.
Mahrt thinks his city's liquor law deals it straight.
"Our
ordinance is pretty clear -- you can't play card games
for money or things of value," he said.
So
far, the discussion is academic because police say
they're not getting any complaints about poker
tournaments.
"Not
a nickel's worth," Illinois State University Police
Chief Ronald Swan said.
Privately, some law enforcement officials speculate
average citizens have grown tolerant of gambling and
look the other way because of the proliferation of
televised gambling and online gambling and because the
state of Illinois itself is so heavily involved in legal
lotteries and casinos.
Publicly, police say they'll enforce the laws if they
happen upon poker games. But they aren't devoting time
or manpower to finding them, and it's unlikely they'll
stumble upon many on their own.
"Who'd invite me to a poker game?" Bloomington police
information officer Tom Sanders asked.
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