Two Texas Hold ‘em poker tournaments in the Triangle this month each
attracted dozens of players hoping to win a big prize. Both events had
at least one world-class poker player on hand.
And both were in
violation of North Carolina’s gambling laws, according to the head of
the state’s Alcohol Law Enforcement agency, which enforces them.

But
only one of the tournaments, on a back road outside Benson, ended early
when officers stormed through the front door and arrested everyone. The
other, at a restaurant in Raleigh’s Glenwood South district, went to
the final round, with the winner headed to a resort at Cabo San Lucas,
Mexico.

According to North Carolina law, any person who operates
a game of chance or who bets on a game of chance involving cash,
property or anything of value is guilty of a misdemeanor. But society’s
embrace of poker — on TV and for recreation and charity fundraisers –
coupled with the inconsistent enforcement of state gambling laws, makes
it difficult to know what’s good, clean fun and what’s going to bring
down the law.

“You have got to be so careful,” said Dean Ogan of
Rocky Top Hospitalities, which hosted the Texas Hold ‘em tournament at
its Hi5 restaurant on Glenwood Avenue last week. “There are so many
laws and stipulations.”

Ogan said his company checked with the
ALE to make sure the Texas Hold ‘em tournament did not break any laws.
Over 300 people registered, hoping to win a grand prize of tickets for
two to Cabo San Lucas. The second-place winner was awarded a
high-definition television; third place got $100.

The Hi5 poker
tournament was sponsored by high-profile companies, Time Warner Cable,
Turner Broadcasting System Inc. and radio station G105. The official
dealer for the night’s eight finalists was Greg “Fossil Man” Raymer,
who took home $5 million in 2004 when he won the World Series of Poker
grand prize.

ALE Director Mike Robertson said his agency was not
aware of the tournament at the Hi5. He said if there was an exchange of
cash or other prizes such as the television and the vacation to Cabo
San Lucas, then the tournament was illegal.

“That TV in that tournament came from somewhere. Somebody had to pay for it,” Robertson said the following day.

But in the eyes of some prosecutors, there is a difference.

Wake
County District Attorney Colon Willoughby said that although charity
tournaments or events such as the one held at Hi5 may be technically
against the law, his office tries to use “ordinary common sense” when
the proceeds are clearly for charitable purposes or where the purpose
is to fill a restaurant or bar with patrons.

“I don’t think
that’s what the legislature intended us to focus on,” said Willoughby,
who said those events contrast to gambling houses where people pay an
entry fee to play and the proprietor takes a cut of the pot and profits
from food and drinks….

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Author Contact Info: Thomasi McDonald, The News & Observer