NJ Law Journal 8/27/07 -- Front Page Article on IMEGA Suit

[Merkle]

I live in TN. And wouldn't this thrill Frist <grin>

[Merkle]

Seriously, I already own some commercial property and have a vacant space I could use for a playing area.

I wonder if you set up a service to run poker contests and allowed restraunts/bars to hire your service the same as they would a special DJ.

I would also think that as long as the prize pool was guaranteed that the format for distribution would be irrelevant. A percent of the prizes based on your chip count would have the same effect as a ring game. I know several bars hold weekly poker tournaments but are not allowed to charge an entry fee and prizes are not supposed to be cash. The prizes can be cases of beer (after all the sponsers are usually a local beer distributor) or weekend trips to (of course) the casinos at Tunica that are about 3 hours from here.

[Skallagrim]

TN has some really awful gambling laws. But according to the opinion we are discussing, a set fee/set prize contest is not gambling.

I would not suggest using an established bar to do this, because losing would also mean a loss of the liquor license and thats a big risk. But sponsoring such a contest in a bar would be fine as long as its not gambling (or otherwise contradicts the terms of the liquor license). Basically, if you could have, say, a poetry contest with a set fee/set prize in a bar, you should also be able to have a poker contest (assuming TN courts agree with the opinion).

Try and find a TN lawyer who plays poker and have a long chat with him/her. Feel free to contact me for general advice on how to use this opinion and other legal arguments to advance the cause if you and the TN lawyer decide its worthwhile to go forward.

Skallagrim

[Legislurker]

[ QUOTE ]
Seriously, I already own some commercial property and have a vacant space I could use for a playing area.

I wonder if you set up a service to run poker contests and allowed restraunts/bars to hire your service the same as they would a special DJ.

I would also think that as long as the prize pool was guaranteed that the format for distribution would be irrelevant. A percent of the prizes based on your chip count would have the same effect as a ring game. I know several bars hold weekly poker tournaments but are not allowed to charge an entry fee and prizes are not supposed to be cash. The prizes can be cases of beer (after all the sponsers are usually a local beer distributor) or weekend trips to (of course) the casinos at Tunica that are about 3 hours from here.

[/ QUOTE ]

Almost every southern state bans playing cards at licensed
bars. Its not enforced usually, but if the ChristaNazis who run most state alcohol boards want poker tourneys stopped, then thats the default fall back. A state regulator has a bit more wiggle room than a federal DA trying to convict someone. I wish the bar establishment(if there was one) would be with us. Those contests can take a dead Tuesday or Wednesday in middle red state America and fill the place up. I went to a few out of curiosity and if Tuff thinks fish are in danger of extinction.............This is also an area of PPA expansion, if the PPA were more than a shill movement of Harrah's to stymie poker liberalization in its tracks.

[morphball]

[ QUOTE ]
Tournament poker is likely 30% or more of the online poker market. Tournament poker is what historically drove the recreational player demand, it is what has sold on television.


[/ QUOTE ]

In my opinion, it's got to be 75% or more, and by that, I don't mean 75% of the people only play tournaments, if you added up all the time every poker player played, 75% of that time would be devoted to tournaments.

The 4,000 player fields in the low and micro buy-in's, the fact that a $5 SnG fills in seconds on any site that has any traffic at all, should prove that point.

[morphball]

[ QUOTE ]
It would not apply to current MTTs only because the prize is not fixed, but depends on the number of entrants.

[/ QUOTE ]

But it is fixed in a way, you know exactly what percentage of the prize pool you will get in advance as the number of players increase.

[Merkle]

The bars have been hosting poker tourneys for a year or so. The DA came down on a couple of bars that were charging small entry fees and giving cash prizes. I believe he told the other bars that as long as there was no EF or cash prize it was fine.

I won the first tourny I played at and donated the case of beer to the other players at the final table. (Not for religious reasons, just never developed a taste for beer)

Skall, I will try to follow up with an attorney next week.

[Merkle]

[ QUOTE ]
Basically, if you could have, say, a poetry contest with a set fee/set prize in a bar, you should also be able to have a poker contest (assuming TN courts agree with the opinion).

Skallagrim

[/ QUOTE ]

It occurs to me that I would not want to risk a loss at this stage as that would provide more ammo for the enemy. Based on that thought should I still proceed in TN or would it be better for someone to try this in a more progressive state?

[Skallagrim]

As I am sure you well know Merkle, selling anything that even smells of "gambling" (The Horrors! What will the preacher say?!) is gonna be mighty tough in TN.

Thats why as a legal challenge I suggested the permit route, your only possible loss that way is what you spend to finance the case.

Skallagrim

[tangled]

Just thought of something. Testing controversial laws backed doggedly by religious conservatives has significant precedence in Tennessee history. The Scopes trial was fought in Tennessee.

Just thought it was an interesting coincidence.