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Gambling Definitions Argued in West Virginia Courts
CHARLESTON, WEST VIRGINIA --
Lacking legislative clarity and definition, a West Virginia court will hear arguments concerning whether video lottery machines at Elks Lodges comprise illegal gambling. Lodge 482 has sued, after raids by Alcohol Beverage Control Administration agents led to the seizure of 144 gaming machines and the subsequent suspension of the liquor license.
The lodge contends its license to hold charitable gaming such as bingo and raffles includes the use of the machines, which it calls “video enhanced raffle ticket dispensing machines.” Another judge said the club was within its rights and prevented the lifting of the gaming license, but the alcohol permit is also needed to operate the machines.
Attorneys for the Elks say a 1998 ruling by state tax authorities permits the gaming operations, but state prosecutors say the law has changed, and cite more recent findings limiting charitable gambling in the state.
Since the raid, the Internal Revenue Service has expressed interest, confiscating the machines and investigating as to whether earnings were properly declared.
William Brewer, attorney for the lodge, wants his day in court. He thinks that all the state agencies have each formed their own distinct opinion as to the law, and a judge needs to clear up the confusion and declare exactly what the rules of gaming are.
“We just think this needs to be resolved, in a court,” Brewer said.
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