The Nebraska Liquor Control Commission (LCC) could issue special liquor endorsements for some poker games under a bill discussed on general file Jan. 13.<\/p>\n
LB619, as introduced last session by O\u2019Neill Sen. Tyson Larson, would authorize licensing for two types of poker games\u2014draw and community card games. The bill defines community card games as those, such as Texas Hold\u2019em, in which a player combines the cards he or she is holding with community cards that all players share.<\/p>\n
Larson said such games are games of skill\u2014rather than games of chance\u2014and therefore would not violate the Nebraska Constitution, which prohibits the Legislature from authorizing additional games of chance.<\/p>\n
Players do not have control over the cards they are dealt, Larson said, but skill is required to succeed at poker. Larson said courts in several states that have examined the issue have agreed with this interpretation, and he predicted that Nebraska courts would as well.<\/p>\n
\u201cWe have to remember that we\u2019re looking at the predominance of skill,\u201d Larson said. \u201cThe Nebraska Supreme Court has said that any game that has a predominance of skill is constitutional.\u201d<\/p>\n
However, Larson acknowledged that a recent state attorney general\u2019s opinion concluded that draw poker is a game of chance. In response, he offered an amendment to a pending General Affairs Committee amendment to limit the bill\u2019s provisions only to community card games such as Texas Hold\u2019em.<\/p>\n
Under the bill, current liquor licensees and nonprofits that otherwise would qualify for a special designated liquor license (SDL) could apply for a poker endorsement or for a special designated poker license (SPL) for events on or off the licensee’s premises.<\/p>\n
An SPL would require approval of the local governing body, which could establish criteria for approval of an application. The fee for an SPL would be $40 for each day of the event. <\/p>\n
In addition, a licensee would remit 10 percent of the gross proceeds of a poker tournament and 5 percent of the final amount in each pot of a cash game to the LCC. Fifty percent of proceeds would be directed to the state\u2019s Property Tax Credit Cash Fund.<\/p>\n
Ogallala Sen. Ken Schilz supported the bill and the amendments, saying legalization of community card games could provide property tax relief and bring economic development to rural areas of the state.<\/p>\n
\u201cIn my community, if you would open up a poker hall\u2014as Sen. Larson says\u2014the tourist traffic would be huge,\u201d Schilz said.<\/p>\n
Seward Sen. Mark Kolterman opposed LB619, citing concerns regarding the bill\u2019s constitutionality. In addition, he said, Nebraskans already have access to keno, Powerball and bingo, among other forms of legal gaming.<\/p>\n
\u201cI just don\u2019t think we need to expand gambling,\u201d Kolterman said. \u201cWe have enough opportunity to gamble in this state.\u201d<\/p>\n
The amendment failed on a 14-16 vote.<\/p>\n
The Legislature adjourned for the day before taking up a motion filed by Larson to reconsider that vote.<\/p>\n","protected":false},"excerpt":{"rendered":"
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