Use of Proceeds etc. Part 2/2

No tipping of poker dealers and associated staff serves absolutely no purpose and adds restrictions never mentioned in statute.   Insisting on financial records of Landlords has no basis in statute.  Prohibiting overlap of Landlords and Poker Operators is also nowhere to be found in the statute.  Prohibiting this overlap of Landlords and Poker Operators is anti business.  The joining of Landlord and Operators could provide excellent job opportunities for many and has no bearing on the charities that will be licensed to host the poker events.  Imagine telling Virginia’s farmers that they may own their land but they may not be involved in the growing of crops on that land.  Imagine telling a retailer that if your family member owns the building then you may not operate the business in that building.  The authority given to VDACS by the General Assembly is to write regulations regarding the play of Texas Hold’em Tournments and not to regulate all things that may touch the industry.  Imagine asking the poker chip manufacturers or companies providing card shufflers for their financial statements.  Imagine telling a manufacturer of playing cards that they may have no overlapping ownership with anyone or any entity that makes poker chips.  The underlying statue regarding landlords was to have them register with VDACS, not to obtain a license and submit to requirements found no place else in code for any other industry. 

VDACS was given no authority to prohibit the play of concurrent tournaments.  Playing concurrent tournaments may provide a chance for the charities to make their poker efforts profitable.  One must ask, IF VDACS was not given the authority to prohibit concurrent tournaments and knowing that concurrent tournaments will produce more profit, why would they move to disallow them?  A read through these draft poker regulations makes it clear that if finalized as is, the opportunity granted to the charities in 2020 will effectively be nullified. 

The recent past has incited a revolution amongst the charities all across the Commonwealth.  No Agency or pressure from “for profit” gambling entities will stifle the charities.  Rather than battle in the General Assembly year after year, I suggest we reread the Clyde Christman letter and return to his wise and genuine counsel.  No other industry in our state has an agency operating the minute aspects of and in opposition to, the stakeholders of the industry they are tasked with regulating.   VDACS should grant licensees to qualified charities and verify Use of Proceeds with regular audits and inspections. That is the “contract” made between the state and charity.  The statute defines Texas Hold’em games and Tournaments, and with few other restrictions, the charities should be encouraged to play and generate charitable dollars.  Let us see the Agency encourage growth and profit in charitable gaming just as all other agencies do in their respective industries. 

These are a few of the draft regulations that will most obviously harm the charities.  Upon redrafting, VDACS would be well-advised to meaningfully collaborate with people that understand what it is like to be a charity, how to play poker, and with an eye towards, as the board of contractors wrote regarding their draft regulations, “to protect the health, safety and welfare of the public (by regulating the play of poker) in the least burdensome, costly and intrusive manner to the citizens of the Commonwealth.”

Submitted by Chuck Lessin