09-22-86 Gaming Commission MinutesGAMING COMMISSION SEPTEMBER 22, 1986
The Commission met at 3:00 pm. in the Council Chambers of City Hall. In
attendance were Commission members Mayor Kennedy, Councilmen Grainger and
Schindler, Police Chief Stefanio and City Attorney Neier. Also attending
were County Attorney Lympus, Police Lt. DuPuy, Police Sgts. Stotts and Young,
• Clerk/Treasurer Halver, Reporters Hopkins, Larcombe and Melrose, Art Lindlief
of Pancho Magoo's, Kent Frampton of Cavanaugh's, Irvin "Red" McQuade of the
Outlaw Inn, and Dealer Doniell Lea Burk.
Tournaments
Mayor Kennedy called the meeting to order and called upon County Attorney
Lympus to report on his opinion of the legality of tournaments being offered.
Mr. Lympus reported he had received the letter Mayor Kennedy's letter
requesting an opinion regarding the tournaments being played. He has also
received descriptions of the tournaments played at Cavanuaghs and Pancho
Magoo's.
Lympus reported he bad written back to the Mayor saying it would not be
possible to do the research and provide a written opinion by today as the
Mayor requested. He also said he needed a little more information which he
thought he could get during this meeting.
County Attorney Lympus asked Kent Frampton if his tournament is free and
Frampton said it was. Lympus asked if anyone could sit in the game. Frampton
explained the players had to earn points during games played during the week
and these points were given free. Lympus asked if he could come to
Cavanuagh's and ask to be given 16 points so he could play in the tournament
on Saturday night and Frampton said no.
Lympus asked Art Lindlief how his tourmanent worked. Lindlief said the
players each buy in for $100.00 and then they play freezeout until one man
has all the money and he will pay a portion of that to the second place
player.
Lympus said the question has arisen as to the legality of these games, on the
part of the City, and they have asked for a legal opinion. He said he
couldn't give a formal opinion that they are not in violation of the Card
Games Act. The bottom line is if you have to pay for the right to play, the
Card Games Act applies. 23-5-312 says no prize for any individual game shall
exceed the value of $100.00 and games shall not be combined in any manner so
as to increase the value of the ultimate prize awarded.
Lympus said his opinion has to be that these games aren't authorized by the
Card Games Act.
Art Lindlief said his tournament is not one game. Each player has $100.00
and the pots do not exceed $100.00. No one else can buy in after the
tournament starts. Lympus felt the playing for the ultimate total of the
buy -in constitutes an ultimate prize exceeding the $100.00 limit.
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GAMING COMMISSION SEPTEMBER 22, 1986
Lympus said the bottom line rule is if anything of value is wagered on the
outcome the Card Games Act applies. If no one has to pay to play, if the game
is totally free, the Card Games Act does not apply.
• Kent Frampton contended a tournament is not a game as defined and the
individual games did not violate the rule.
Lympus said the rule states games shall not be combined in any manner to
increase the value over $100.00.
Lindlief said all tournaments are probably illegal and Lympus agreed.
Frampton said "you are saying if I want to run a free tournament I can but if
there is any expense to it to a person, I can't." Lympus agreed.
Councilman Schindler asked if two hands could be played with the dealer
deliberately losing each hand, if the player could win $200.00. Lympus said
he didn't think that made any difference if the person had to participate in
a tournament to earn the right to play for that $200.00.
Mayor Kennedy thanked County Attorney Lympus and asked if there were any
further comments from the commission. There were none.
The commission concluded no action was necessary, it is not necessary to tell
people to not violate the law.
Kent Frampton asked if someone could be designated to talk to whenever he
wanted to discuss a game. Mayor Kennedy said he would be happy to talk to
him and there always three members of the commission here.
• Dealer Violations
Mayor Kennedy reported there were two dealer violations reported at the last
meeting and those two have been contacted by letter and phone that there
would be a hearing on these charges at this meeting. Both violations were
for failing to wear the dealer license.
Mayor Kennedy read the charges against Doniell Lea Birk. She has been
charged with violating Regulation No. 6, Subsection 6.50 which requires a
dealer to display their license prominently on their person while dealing.
This violation oecured at approximately 4:00 pm. at Cavanuagh's Casino on
September 10, 1986.
Mayor Kennedy read Officer Stotts' report and asked Ms. Birk if she had
anything to say.
Ms. Birk said she was at Cavanuagh's to attend a meeting and was not
scheduled to work that day. She was in the lounge talking to a friend when
she was asked to give the dealer a dinner break. Doniell said she had
forgotten she did not have her license.
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GAMING COMMISSION SEPTEMBER 22, 1986
Mayor Kennedy asked her if she was aware of the law requiring her to wear the
license and she said she did.
Police Chief Stefanie moved the citation be changed to refer to Section
do13.60, subsection (d) since in this case the violation was the failing to
wear the temporary license. City Attorney Neier seconded and the motion
carried.
Police Chief Stefanie then moved Ms. Birk's license to deal cards in the City
of Kalispell be suspended for a period of five days and that said license be
surrendered to the Chief of Police for than: nNricd of time. Councilman
Schindler seconded.
Kent Frampton said it was a mistake.by her but also by the floor person for
not checking. Be said she is self supporting and five days out of work was a
tremendous penalty.
Mayor Kennedy stated having the home address and phone number displayed on
the license is a problem which the commission is discussing.
Red McQuade felt that $20.00 would be a big fine for this and stated it not
any worse than a $5.00 speeding ticket.
City Attorney Neier advised the only authority was to suspend licenses.
Sgt. Young commented no one paid any attention to the 55 mile per hour speed
limit and if this rule wasn't enforced the same thing would happen.
Councilman Grainger asked if there was any precedence. Sgt. Stotts said
• several years ago there was a 10 day suspension given for a flagrant
violation.
City Attorney Neier moved to amend the motion to provide a three day
suspension. Councilman Grainger seconded.
Councilman Schindler wanted it made clear this would be for a first offense.
Red McQuade contended the person who "runs" the game very seldom deals and
does not need a license. If you suspend the dealer's license they can be
employed to run the game.
The question was called and the amended motion carried.
Ms. Birk presented her license to Chief Stefanie who said it could be
returned at this time Thursday (September 25, 1986, 3:55 pm.)
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GAMING COMMISSION
SEPTEMBER 220 1986
Stuart John McQuade
Mayor Kennedy read the violation report which said that on Saturday,
September 5, 1986 at approximately 10:55 pm. Mr. McQuade was observed
• dealing while not wearing a license. When asked about his license he picked
it up from a tray at his left hand.
Mr. McQuade was not in attendance and his father (Irvin °Red" McQuade) said
he was out of town until Thursday or Friday.
Chief Stefanie said he had been notified.
Chief Stefanie moved Stuart McQuade's license to deal be suspended for a
period of three days, starting the day be turns in his license. Councilman
Schindler seconded and the motion carried.
City Attorney Neier moved the meeting be adjourned, Councilman Grainger
seconded and the motion carried.
Adjourned 3:58 pm.
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