From Deseret News archives:

Gambling with the law

Legal loopholes often keep prosecutors at bay

Published: Sunday, June 26, 2005 10:56 p.m. MDT
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"Is it illegal? Yes it is. The facade of buying $2 worth of food for $25 knowing full well that you are buying a chance to participate in bingo games makes it illegal. Paying something of value to play a game of chance to win something of value is gambling," he says.

But Mike Junk, chief prosecuting attorney for Ogden, is not so sure — at least when it comes to traditional bingo.

"At this point we have allowed that," he says. "They (customers) are presented something of value for their money besides just a bingo card, at least it is some kind of dinner even if it is a bit overpriced. . . . If a court in some other jurisdiction makes a ruling that it is gambling, then we will follow that and enforce it."

West Valley City is the only jurisdiction to prosecute owners of bingo halls in the past year. It seized video gaming devices at Annie's Dinner and Bingo last year, essentially forcing it to close, and misdemeanor gambling charges are still being adjudicated against the owners and the supplier of the video machines. This month, the city also filed misdemeanor charges against Joe Coccimiglio, owner of Como, for allegedly illegal gambling through traditional bingo games, but the bingo games have not stopped there. The city also revoked Como's business license effective July 9, but the club may still appeal.

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Greg Skordas, attorney for the owners of Annie's, defends selling dinners at bingo halls for more money than the food may cost elsewhere.

"If you go to a dinner theater, you may pay more for food there than it would cost elsewhere. But there is also an entertainment value," he says. "You can still get a bingo card for free (at bingo halls), so it isn't gambling. It's the same thing McDonald's does. You can ask for a free game piece without buying anything. But if you supersize some fries, you get an extra game piece and an extra chance to win."

Ryan Robinson, chief prosecuting attorney for West Valley City, however, says he is convinced Annie's and Como were offering illegal gambling. "It's clear they were charging far more than what the food was worth, and that people bought it to gamble," he says.

Also, the charges that West Valley City filed against Como's owner this month come largely not for the bingo games that came "free" with food but for the extra charges of $5 to $15 that undercover detectives had to pay for special games at the beginning and end of the evening. One of the undercover detectives won 298 "credits" in one such game, which he redeemed for $300 in cash, court documents say.

Some bingo halls are attempting an interesting end run around criticism that they simply overcharge for food to allow wagering. Some claim that only $2 of the $25-or-so dinner fee they collect is for food and the rest is a free-will donation to the bingo club.

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Sharon Henson, left, and Myrna Beede Willard enjoy bingo recently at the King's Castle bingo hall in Ogden.

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