Bars Find Free Poker A Good Bet; Is It Legal?
By Steven Isbitts
sisbitts@tampatrib.com
Tampa Tribune
Tuesday, March 08, 2005
TAMPA - A poker tournament promotion sweeping local bars is a free, legal pastime - or an unlawful gambling enterprise.
To David Roberts, director of the Florida Division of Parimutuel Wagering, the Texas hold 'em games are illegal gambling capitalizing on the popularity of poker. ``It's clear in the gambling statute,'' Roberts said.
To Pinellas County sheriff's detectives, however, the barroom tournaments are lawful.
``The participants are not putting up any money to play, which makes it a legal game,'' said Tim Goodman, a spokesman for the sheriff's office. Detectives investigated the tournaments at several locations.
What constitutes gambling is at the core of the disagreement.
``There are mutations of the definition'' of gambling, said Bruce Bartlett, chief assistant state attorney for the Pinellas- Pasco Circuit.
``Prize-chance-consideration is always a factor,'' he said. ``I am unaware of any cases referred to our office about these tournaments. Without looking at a case individually, I can't make a determination.''
The Texas hold 'em tournaments, such as the one Wednesday at Prime Time Sports Grill on North Dale Mabry Highway in Carrollwood and those at a dozen other local bars last week, were free to participants. No cover charge or mandatory drink purchase was required.
Led by the Tag Team Poker franchise, launched locally in December by Clark Holloman, of St. Petersburg, the tournaments award gift certificates provided by the host establishment to first-, second- and third-place finishers.
The certificates usually are about $30, $20 and $10, respectively.
All other players finish the tournament with the same amount of money they invested: none.
Bar operators, who have benefited from drawing as many as 90 customers to their establishments on what usually are their slow nights, view the games as a good way to drum up business. The bar pays Holloman's company a flat rate to run the game.
``Without the Lightning, this fills the void,'' said Prime Time Sports Grill general manager Steve Craine, referring to the canceled hockey season. Craine's establishment has hosted poker nights since January. ``It's better than being empty. We've never done any [promotion] that had a consistent turnout like this,'' Craine said. ``Our first night with it was so successful, we added a second game each week.''
At Prime Time on Wednesday, two tournament directors gave 59 players - eight women and 51 men - a signal to start dealing at 8 p.m. They kept the games moving smoothly until about 11:30, when a winner emerged.
Servers stayed busy delivering drinks to players and food to those eliminated. About 25 nonplaying patrons sat on the other side of the sports bar.
The games had the feel of a high-stakes Las Vegas casino event. Players were fiddling with their chips and sitting shoulder-to-shoulder for hours at real poker tables, which replaced the usual dining room seating.
Missing from the Vegas- style scene was cash. The no- risk games are a major attraction for players.
``I like the atmosphere, and it's free,'' said Derrick Williams, 22, of Carrollwood, ``I play here, at Champs [in Tampa], at Boomerz in St. Pete. I just love the game. I'd play seven nights a week like this if I could.''
Like all the Prime Time patrons asked about the tournament Wednesday night, Williams said he did not consider it gambling.
``It's just for fun, and I live close,'' said Byron Clark, 66, a regular player at Prime Time.
Tracks Cry Foul
Florida Statute 849.08 states: ``... whoever plays or engages in any game at cards, keno, roulette, faro or other game of chance, at any place, by any device whatever, for money or other thing of value, shall be guilty of a misdemeanor of the second degree.''
Roberts, of the parimutuel division, said: ``The laws are you can't play for any winnings except in a penny ante home game or a licensed parimutuel facility. Whether there is money being wagered or not is irrelevant.''
As of Friday, the division of parimutuel wagering had received no formal complaints about the local barroom poker tournaments.
But racetrack executives at Tampa Bay Downs in Tampa and Derby Lane in St. Petersburg, which host state-regulated, low-stakes poker games, have voiced concerns about the free bar games to the state.
``If these things were legal, I'd be looking at trying them on days when the state closes our poker room,'' said Peter Berube, vice president of Tampa Bay Downs, whose Silks card room employs 55 people.
``I asked the state for permission to do it and was told, `No way,' '' said Greg Gelyon, the track's controller.
Berube said the track's Tallahassee lobbyist, Ken Plante, is preparing a presentation on the issue for Florida Attorney General Charlie Crist.
Track officials said the lack of state oversight of the barroom tournaments leaves them open to cheating and fights.
``In our small [16-table] card room we have 24 cameras and trained dealers,'' Gelyon said. ``With no oversight, these bar games, at a minimum, are headed toward people making side bets and getting into fights.
``And the tournaments have huge potential to impact our business.''
Nationwide Phenomenon
In December, Clark Holloman became the first franchisee for Tag Team Poker, whose parent company is based in Atlanta.
His territory covers the Tampa Bay market, which he thinks ``could support 80 tournaments per week.''
At least 19 locations had signed up to host weekly tournaments as of Friday, according to Tag Team Poker's Web site.
Other Tag Team Poker events are being marketed in Atlanta, North Carolina and New York.
Poker tournaments without government regulation have popped up across the country during the past two years, mirroring the explosive growth of televised no-limit Texas hold 'em poker on cable TV.
In Minnesota, a weekly tournament at a St. Cloud bowling alley was raided in July by the state's alcohol and gaming enforcement division.
The local county attorney did not press charges.
Holloman said he is confident that his local operation will stand up under the scrutiny of Florida law enforcement and state agencies.
``I know we have had officers at our games watching what we do,'' Holloman said. ``It's really just for fun.''
Meg Shannon, a spokeswoman for Florida's Division of Alcoholic Beverages and Tobacco, would not comment on whether her agency has investigated bars participating in Holloman's promotion.
Debbie Carter, spokeswoman for the Hillsborough County Sheriff's Office, said Thursday that her department ``had not heard of or looked into'' the tournaments.
Shannon said that if a bar was determined to be hosting unlawful gambling, ``administrative action'' would be taken against the establishment.''
According to Florida code, the fine for a first offense is $250 per type of unlawful game. A fourth offense requires revocation of a liquor license.
``I was concerned about the laws, but I checked it out and it's OK,'' said Ed Hibbert, owner of L.A. Hangout in Lutz, which draws about 50 players for its weekly game.
``We make sure there is no side betting going on,'' Hibbert said. ``But that's not a problem. All the players seem to like that there is no money involved.''
Several local tournament players and bar owners said the poker tournaments would be successful even without prizes for the winners.
``They are not really playing for anything now,'' said Dave Bolan, manager of A.J.'s Sports Bar & Grill in Largo.
``We've done trivia games, but people got tired of that quickly. The poker, I've never seen anything like it.
``We've grown every week. We started about 20 players per week. Now we're up to 80.''
Reporter Steven Isbitts can be reached at (727) 451-2336.