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North Carolina Poker Runs - Legal or illegal?

2007 Opening Day at NC Legislature
1/14/2007 Bikers USA, Raleigh NC
I tried to meet with both Senator Hunt and newly elected representative Marilyn Avila, but neither were available to discuss the problem with the ambiguity of the NC Poker Run Laws. I will continue and ask them to address this during the 2007 session.
I was able to get renewed interest from Senator Majority Leader Tony Rand on a motorcycle awareness funding proposal which I penned in 2005. Due to the short session of 2006 and legislative focus on the lottery and corruption, it was not acted upon during that session, but is likely for the 2007 session.
See the full report at 2007 Opening Day.

5/5/05

I didn't really even want to ask the questions, because when you bring something up, that is when the powers to be take notice. I just wanted to do some fund raising for some sick kids and not land in jail over it.

I was planning on awarding some hefty cash prizes for a poker run I'm organizing. If over 1000 poker run books are sold I was even going to double the cash prizes. I had looked up poker run under North Carolina laws and didn't see any reference. Later, I was talking with someone who said what I was planning comes under the heading of gambling and is illegal.

I found police departments in NC have held poker runs to raise money, so there must be a legal way.
 

5/5/05 I obtained the following information by emailing the NCHP.


This is from the Alcohol Law Enforcement web site:

Gambling

ALE agents are authorized to enforce the state's gambling laws. Gambling comes in many forms such as illegal lotteries, Monte Carlo nights, racing pools, and video poker.

North Carolina law states that it is illegal for any person or organization who operates a game of chance or who plays or bets on any game of chance that involves winning money, property or anything of value shall be guilty of a Class 2 misdemeanor. GS 14-292.

http://www.nccrimecontrol.org/Index2.cfm?a=000003,000005,000079

You also may want to call ALE directly at 919-733-4060.

I tried calling the ALE and left a message.

8 people at the AG's office did not know (so how could a citizen???), so they are having an attorney call me.

Class 2 Misdemeanor: maximum punishment is more than 30 days but not more than six months imprisonment, with fines up to $500.

5/6 - Email received from the Director of the ALE:

Poker Run Definition: A Poker Run is an organized motorcycle event where riders travel over a prescribed course and at designated stopping points, select a card. At the end of the run, the person with the best poker hand wins a prize. Poker Runs usually require a fee to enter with a part of the proceeds going to charity.

If the above definition is strictly interpreted, the poker run in North Carolina would be illegal under the existing gambling statutes especially if you awarded cash prizes.

The Alcohol Law Enforcement Division investigates complaints received from the public or other sources regarding gambling violations.

You advised thatyou have contacted the Attorney General’s office regarding this matter. I would further suggest that you contact the District Attorney with jurisdiction for the proposed event. If you cross county lines, then you may have multiple District Attorneys who would have jurisdiction.

5/6 Phone call from AG attorney David Adinolfli - is in agreement with the ALE that poker runs are illegal. Does not matter if the prize is cash or other. Does not matter that the organizers stand to make no gain and that all proceeds go to charity.

When asked about why some people can have poker runs, and some involve police departments, their answers are that the DA’s in the various counties should be contacted.

I dove into NC Chapter 14 a bit more.

SUBCHAPTER XI. GENERAL POLICE REGULATIONS. Article 37. Lotteries, Gaming, Bingo and Raffles. Part 1. Lotteries and Gaming.

Raffles appear to be just about the only thing that is legal, if it is conducted by non-profits which meet the states’ definition of tax-exempt. 14-309.15 There are limits to the prizes that can be awarded, or the number of raffles that can be held per year.

Right now, the laws are really vague because the state is bringing in a lottery.

On 5/18, I contacted the Wake County District Attorney and got an agreement to not prosecute as long as the money is going to charity, but they won’t put it in writing.

5/18, Since the laws are not conducive to this, and the result is that a lot of money that would be raised to help sick kids is stopped due to restrictive state laws, I contacted my state representatives office and explained the situation to a wonderful assistant to Rep Eddins. She will take a look at the situation and see if there is something that can be done for next session.

6/3 - Contacted the office of Governor Easley to compain. To hold this poker run for charity is illegal according to NC law and those who interpret the law. In order to deal with outdated laws, there is deal making to look the other way. Something seems very wrong about making deals with NC lawmakers and enforcers in order to do something illegal. Continuing to operate around bad laws written by bad government seems wrong to me. Had we continued to hold the Tar Heel Poker Run, the ALE might have been able to close down every biker-friendly establishment that participated, unless there were deals made for district attorneys to look the other way. I hope the laws are corrected in the future.

June 15, 2006
2006 was a bad year for North Carolina house and senate politics. In addition to trying to push through bills related to an “education” lottery which is no longer being used solely for education, some politicians and people connected with them were caught up in corruption charges. Some folks in North Carolina would like to see severe penalties for elected officials who are proven corrupt.
We had no action from Representative Eddins on this issue and never heard from him. In fact, Rep Eddins was not responsive to several issues which I addressed to him. I suggest that his receptionist probably would have been a better Representative. Fortunately, he lost his bid for re-election to Marilyn Avila.

So, since there was no way we could get poker runs for charities legalized in the short session of 2006, we will have to work on 2007. My newly elected representative is Marilyn Avila, I contacted her today. We spoke for about 10 minutes, and I look forward to working with her.

NC BIKERS
   NC BIKER RIGHTS
       NC POKER RUNS

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