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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Besides those clubs, several charitable and other groups offer occasional bingo games, sometimes to raise money. Mike Hodges, president of Bingo West of Arizona, says he has sold bingo supplies in Utah to "churches, Elk lodges, Eagle lodges, AA (Alcoholics Anonymous) clubs as well as the private dinner clubs" for 20 years.

A new Deseret Morning News/KSL-TV poll by Dan Jones and Associates finds that 4 percent of Utahns say they have gambled at a bingo hall in Utah, including 1 percent who did so in the past year.

Of note, the Utah Constitution bans gambling for any purpose and makes no exception for charitable groups.

Is it legal?

Bingo hall owners say their operations are legal. Some prosecutors agree up to a point, and some strongly disagree.

"I sell dinners. The bingo is free. You can play bingo even if you do not buy a dinner. So it's legal," says Fernandez of King's Castle.

Juan Martinez, owner of Jackpot bingo, says, "Everyone is aware no purchase is necessary. So it is legal."

Owners hinge their arguments on a 1979 decision by the Utah Supreme Court that arose when prosecutors challenged Albertsons food stores for giving customers bingo cards and prizes as a promotion. In a 3-2 decision, the court ruled that as long as Albertsons gave the bingo cards away for free, it wasn't gambling.

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So most bingo halls now post signs quoting Utah law — and warn patrons that they sell food and not bingo.

Typical is a document from the Como club, which patrons must sign to join, that says: "We solicit your cooperation in helping us to uphold the law by not asking the organization to sell you bingo cards. We do not charge to play bingo; your support in purchasing dinners, refreshments, drinks, snacks, movie/show tickets and of course your donations are what we utilize to operate and maintain Como."

Halls that offer video bingo machines also similarly sell food or Internet time, which come with credits to play games for "free." But credits tend to match dollar-for-dollar how much is supposedly being spent on snacks. Interestingly, even Fernandez says that goes a step too far, and King's Castle is among halls that do not have electronic machines.

"They are like slot machines," he says. "Do you really think people are spending $500 on popcorn they don't eat? No. They are gambling. There's a difference. They can lose a lot of money fast. . . . Businesses that have those machines make most of their money from them. It makes it hard for the rest of us to compete."

Salt Lake County District Attorney David Yocom says he believes both traditional and electronic forms of bingo are contrary to the law.

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Image

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

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