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Saturday, October 16, 2010

WASHINGTON: ARE POKER RUNS AN ENDANGERED SPECIES?

OFF THE WIRE
ARE POKER RUNS AN ENDANGERED SPECIES?

In Washington and throughout the northwest we all eagerly look forward to the second Saturday in September when the number one Poker Run of the entire season takes place. Over the past five years, “Run with the Wolves” had grown to more than a thousand riders and raised almost $40,000 each year in a great one day run that benefitted the nationally known and locally operated Wolf Haven Educational Wolf Sanctuary. This year the run was canceled, not by the organizers (Quick Throttle), nor the charity it benefitted (Wolf Haven), nor by its many committed and dedicated sponsors.

It was cancelled by the Washington State Gambling Commission after ONE person filed an official complaint pointing out that poker runs are gambling and unpermitted gambling is illegal.

That’s right. Poker runs, raffles and 50/50s are all considered gambling and as such virtually all states that have a gambling regulatory agency are beginning to crack down. Until recently most looked the other way since virtually all poker runs be they by car, motorcycle, bicycle or even walking have been used to benefit charities. In WA, as well as many other states, those days are over.

Ridiculous? Of Course. But laws are laws and we need to obey them until we can fix them. So for now “Run with the Wolves” is history.

Is your state looking closely at poker runs as well? If you are doing a small, low visibility local run you are probably okay. If not, you had best check with your local regulator.

The Arizona Department of Gaming wasn’t out to stop poker runs as illegal gaming because they recognized the benefit to local charities. They clarified the rules to make sure we knew the law, so we could enjoy ourselves and still raise a buck or two for someone. Here’s the gist of the ADG’s ruling:

POKER RUNS

You CANNOT charge for a Poker Run.

You CANNOT legally receive monies from anyone, for the 'opportunity' to win cash and/or a prize. THE POKER RUN HAS TO BE FREE – Period!

You CANNOT specify donations with an amount.

If you specify a ‘donation’ for entry to your poker run, you CANNOT specify any amount along with it.

You CAN charge for ENTRY to your event.

You can charge an entry fee that will include FOOD, entertainment, etc.

In a nutshell, it would be best NOT to call your run a Poker Run. Give your event a name, charge for ENTRY and physically state “POKER RUN IS FREE”. There are NO exceptions to these rules, even for 501 Tax Exempt Organizations. By calling it a Poker Run and charging for ‘entry’ to it is gambling.

50/50’s and RAFFLES

IF you are a 501 Tax Exempt Organization AND have been such, at least 5 years prior to the Event - (i.e. ABATE/MMA) you can run a 50/50 or Raffle legally. Other than that you cannot legally conduct a raffle or 50/50. You can have someone from that charitable 501 organization run a 50/50 or raffle for you, provided they meet the requirements.

Here are two examples of how ride organizers have had to adjust rides and events to accommodate local laws.

What is happening in your state? Are there agencies you would like us to put on our “Biker Resources” page to help local clubs and charities get the most from their fund raising efforts? Send us an email to newsletter@quickthrottle.com

Did you get a lot of good pictures at your last poker run and want to share them with everyone? Send an email to gallery@quickthrottle.com and we’ll let you know how to send them to us so we can include them in our gallery.