Tuesday, February 13, 2007

Patrons in Wyoming bars and restaurants could once again belly up to a
friendly game of cards under legislation that passed the House on first
reading Tuesday.
The House gave initial approval to a gambling bill that would exclude from
the definition of gambling "profits" the money that bars and restaurants
receive from selling drinks and food to their gambling patrons. Attorney
General Pat Crank effectively banned poker games from public establishments
when he issued an opinion in 2004 finding that gambling in bars violated the
state's gambling law. Crank said such games are illegal because they allow
establishments to profit from gambling, even if that profit is just from
increased business. Rep. Pat Childers, R-Cody, chairman of the House Travel,
Recreation, Wildlife and Cultural Resources Committee, urged the House to
approve the bill. The House gave initial approval to a gambling bill that
would exclude from the definition of gambling "profits" the money that bars
and restaurants receive from selling drinks and food to their gambling
patrons. Attorney General Pat Crank effectively banned poker games from
public establishments when he issued an opinion in 2004 finding that
gambling in bars violated the state's gambling law. Crank said such games
are illegal because they allow establishments to profit from gambling, even
if that profit is just from increased business. Rep. Pat Childers, R-Cody,
chairman of the House Travel, Recreation, Wildlife and Cultural Resources
Committee, urged the House to approve the bill. In addition to the language
allowing gambling in establishments, the bill would prohibit electronic
bingo machines except for players who have disabilities that prohibit them
from using paper or hard cards. The Wyoming Supreme Court ruled early last
year that electronic bingo machines that had been used at two Fraternal
Order of Eagles Clubs were illegal gambling machines. Childers said the bill
would also address the AG's opinion that bar owners or others who were
putting on games amounted to professional gamblers. "By no means is this
bill intended to expand gambling," Childers said. "What it does is more
narrowly define what it is currently allowed under the statutes." Rep. Dan
Dockstader, R-Afton, questioned whether the bill promoted gambling. "In a
sense, aren't we expanding gambling opportunities, by mixing it in with
business opportunity for food and drink?" Dockstader asked. "I think
essentially this language is just an effort to overturn an attorney
general's opinion," Dockstader said. Lynn Birleffi, secretary of the Wyoming
Lodging and Restaurant Association, said after the vote that her
organization supports the proposed legislation.

"It just gets rid of this gray area," Birleffi said. "If your customers want
to play poker, they can't even do that."

Birleffi said allowing patrons to gamble in bars and restaurants is a
tradition in Wyoming.

"It's the way things have been," Birleffi said. "Any place that has a Texas
Hold 'em poker night, or private clubs, it's just the way things have been."