It's hard to travel through Denver without seeing signs advertising Texas hold 'em poker games, so why did state and local authorities only choose to raid two social clubs this past weekend and arrest 41 people on illegal gambling charges? The answer lies in the language of state statutes that give law enforcement direction in determining what is legal and illegal gambling activity.
State law centers around two essential components - knowing who you're playing cards with and whether the host is charging money to play the game. The stakes of the game itself don't matter. It could be for nickel antes or $1,000 bills. In the case of the two raided social clubs - Hop Sing Tong and Asian International Inc. - the Colorado Bureau of Investigation believed people didn't know each other and that the house was taking a cut of each poker pot.
The size of the amount of money seized - $9,000 - is, in itself, not a necessary component of breaking the law. "The game here has nothing to do with selling food or drink and has everything to do with profiting from high-stakes poker," said CBI agent Bob Brown. "This is a way of life. It's a business. The bar and restaurant down there was secondary." On the other hand, many restaurants advertising poker games on banners throughout the city aren't charging players to play, Brown said. Many of those legal games are run by the Denver Poker Tour.
Brian Masters, the tour's president, said the rules are so strict that bars or restaurants hosting the games can't even require food or drink purchases to participate in playing poker. "The locations pay me to be there," Masters said. "Happenstance shows players spend money on food and drink, but the law is clear that they have to be allowed to play for free." Raids on poker rooms aren't common and aren't always successfully prosecuted, even if charges are brought forth.
Last month, the El Paso County district attorney's office offered to dismiss charges against 22 players accused of playing in an illegal poker game last year at the Guadala Jarra restaurant in exchange for a $50 donation to a charity of their choosing. Nineteen accepted the deal and three fought it. The trio ended up with the district attorney's office dismissing their charges, too. Despite the gambling laws being state statutes, the Colorado attorney general's office has gone on record to say it will leave prosecutions up to each individual district attorney's office.
In the case of the Hop Sing Tong and Asian International busts - those arrested have a March 10 court date - Brown said the investigation was triggered by a tip from someone who said the house was taking a $4 cut of each hand and that about 40 hands were being dealt per hour at each table. But a man identified only as Jonathan, who was not among those arrested and who described himself as a "trustee" of the Hop Sing Tong Club, said players donate money to help pay rent and other bills for the use of the building.
The club does not charge anyone to play, he said. "We're just a bunch of friends wanting to get together to play the game of poker," he said. He gave a brief tour of the operation, which consisted of four tables, numerous chairs and two TV sets perched above. He called it "a dump." The state law's definition of friends gambling together is that the group must have "a bona fide social relationship." That means each person playing poker has to have an established social relationship based upon some other common interest other than the gambling activity.
Brown didn't believe that was the case at the two places raided over the weekend. He also said the clubs were using licensed dealers, and those dealers can only legally deal in Central City, Black Hawk or Cripple Creek. Two of the 41 arrested were licensed dealers, Brown said. Brown estimates that there are dozens of illegal poker games being played in the metro area - Masters thinks it's much more than that - but Denver district attorney spokeswoman Lynn Kimbrough said it's a numbers game.
"There are probably far more illegal poker games and Texas hold 'em games in the metro area than any law enforcement has interest in cracking down on," she said. Basic rules distinguishing legal and illegal poker games, according to the Colorado Department of Gaming and the Colorado attorney general:
• To constitute gambling, three factors must be present - consideration, chance and reward. These also can be described as "payment, luck and prize."
• If an organization charges a donation, fee or other buy-in for a poker tournament or other event, it cannot legally distribute prizes based upon who wins or plays well in the tournament or event. Prizes must be randomly awarded.
• Even if the activity meets the legal definition of "gambling," it still can be a legal activity if it meets the "social gambling" exception. This exception allows "gambling" that is incidental to a bona fide social relationship,which means the parties must have an established social relationship based upon some common interest other than the gambling activity.
State law centers around two essential components - knowing who you're playing cards with and whether the host is charging money to play the game. The stakes of the game itself don't matter. It could be for nickel antes or $1,000 bills. In the case of the two raided social clubs - Hop Sing Tong and Asian International Inc. - the Colorado Bureau of Investigation believed people didn't know each other and that the house was taking a cut of each poker pot.
The size of the amount of money seized - $9,000 - is, in itself, not a necessary component of breaking the law. "The game here has nothing to do with selling food or drink and has everything to do with profiting from high-stakes poker," said CBI agent Bob Brown. "This is a way of life. It's a business. The bar and restaurant down there was secondary." On the other hand, many restaurants advertising poker games on banners throughout the city aren't charging players to play, Brown said. Many of those legal games are run by the Denver Poker Tour.
Brian Masters, the tour's president, said the rules are so strict that bars or restaurants hosting the games can't even require food or drink purchases to participate in playing poker. "The locations pay me to be there," Masters said. "Happenstance shows players spend money on food and drink, but the law is clear that they have to be allowed to play for free." Raids on poker rooms aren't common and aren't always successfully prosecuted, even if charges are brought forth.
Last month, the El Paso County district attorney's office offered to dismiss charges against 22 players accused of playing in an illegal poker game last year at the Guadala Jarra restaurant in exchange for a $50 donation to a charity of their choosing. Nineteen accepted the deal and three fought it. The trio ended up with the district attorney's office dismissing their charges, too. Despite the gambling laws being state statutes, the Colorado attorney general's office has gone on record to say it will leave prosecutions up to each individual district attorney's office.
In the case of the Hop Sing Tong and Asian International busts - those arrested have a March 10 court date - Brown said the investigation was triggered by a tip from someone who said the house was taking a $4 cut of each hand and that about 40 hands were being dealt per hour at each table. But a man identified only as Jonathan, who was not among those arrested and who described himself as a "trustee" of the Hop Sing Tong Club, said players donate money to help pay rent and other bills for the use of the building.
The club does not charge anyone to play, he said. "We're just a bunch of friends wanting to get together to play the game of poker," he said. He gave a brief tour of the operation, which consisted of four tables, numerous chairs and two TV sets perched above. He called it "a dump." The state law's definition of friends gambling together is that the group must have "a bona fide social relationship." That means each person playing poker has to have an established social relationship based upon some other common interest other than the gambling activity.
Brown didn't believe that was the case at the two places raided over the weekend. He also said the clubs were using licensed dealers, and those dealers can only legally deal in Central City, Black Hawk or Cripple Creek. Two of the 41 arrested were licensed dealers, Brown said. Brown estimates that there are dozens of illegal poker games being played in the metro area - Masters thinks it's much more than that - but Denver district attorney spokeswoman Lynn Kimbrough said it's a numbers game.
"There are probably far more illegal poker games and Texas hold 'em games in the metro area than any law enforcement has interest in cracking down on," she said. Basic rules distinguishing legal and illegal poker games, according to the Colorado Department of Gaming and the Colorado attorney general:
• To constitute gambling, three factors must be present - consideration, chance and reward. These also can be described as "payment, luck and prize."
• If an organization charges a donation, fee or other buy-in for a poker tournament or other event, it cannot legally distribute prizes based upon who wins or plays well in the tournament or event. Prizes must be randomly awarded.
• Even if the activity meets the legal definition of "gambling," it still can be a legal activity if it meets the "social gambling" exception. This exception allows "gambling" that is incidental to a bona fide social relationship,which means the parties must have an established social relationship based upon some common interest other than the gambling activity.
