Poker in bars may remain illegal
By Jodi Rogstad
CHEYENNE - Starting Sunday, business owners across Wyoming will no longer get in trouble if their customers engage in a friendly game of Texas Hold 'Em.
But one local bar owner said that despite the change to state law, he will still tell his customers to put away their cards.
That's because the city's code appears to be at odds with the state law, said Dan Hatanelas, owner of D.T.'s Liquor Mart.
City code flatly prohibits poker and other gambling games, such as craps and roulette.
Hatanalas said he's been trying to find out for the past two months what is or is not allowed, but has gotten no clear answers.
The same goes for Gary Waggoner, owner of Mingles.
"Hey, throw us a bone," Waggoner said. "We don't want this to go to the county. They already get all of our business from the smoking ban.
"What the heck do we do? Let's get things cleared up or straightened up one way or another."
City attorney Mike Basom said so far no one from the City Council has requested action on resolving this conflict between city ordinance and state statute.
But it seems that these bar owners need not worry about going to municipal court.
"My advice to the police department is, if you're going to charge someone, do so under the state statute," Basom said.
That takes precedence over the city ordinance, though the city at times has protections against such conflicts, he said.
Based on news reports - since there is no official record of discussion on the floor - it's clear to Basom that the Legislature's intent was to clear the way for poker playing.
Rep. Keith Gingrey, R-Jackson, was quoted in the Wyoming Tribune-Eagle as saying said Senate File 23 would allow for widespread poker nights at bars, which would help business.
The legislation came about after a December 2004 opinion from Attorney General Pat Crank, who said that drinks or food sold to people playing poker in a bar or restaurant could lead to a felony charge for the owner.
This makes them professional gamblers because of the indirect benefit to their business, Crank said.
So Senate File 23 removes "indirect" from the statutes.
But it's not known if the council plans to seek clarification to the city's code.
Council President Don Pierson is out of town. The council's vice president, Patrick Collins, said he didn't know of anything in the works. |
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