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Publication:Ogden Standard-Examiner; Date:February 05, 2007; Section:News; Page Number:Front Page
Riverdale to rule on bingo firmBY KELLY BINGHAM Standard-Examiner correspondentRIVERDALE – The Riverdale City Council held a special two-night hearing last week to determine whether to revoke the business license of a local social club for violating Utah gambling laws. Riverdale Dinner & Bingo, 4510 S. 900 West, has been operating since 2001. Its license was renewed last November, despite allegations that the bingo games constitute illegal gambling. “When I first heard the allegations, I was stunned. We aren’t gambling,” said club owner Frank Diana. “We are a social club where people come to eat, socialize, have a good time and play bingo.” Riverdale police began investigating after receiving complaints from a rival bingo establishment and club members claiming to have lost money there. Club members receive bingo cards with their dinner purchases. With the purchase of phone card or Internet minutes, customers also receive credit to play Magic Ball, a computer sweepstakes game. Diana asserts the gaming is legal because people don’t pay to play. “Bingo cards are free,” he said. “People come to purchase food, phone cards and Internet minutes.” A 1979 Utah Supreme Court case established a three-pronged test to determine gambling. First, there must be consideration, defined as giving something of value to play a game of chance. Second, it must be a game of chance. Third, there must be rewards. If one of the elements is missing, then the game or sweepstakes is considered legal. According to Diana, he offers bingo as a business promotion. Anyone can get bingo packets and play for free, even though most pay for dinner. Diana’s attorneys compared playing bingo and Magic Ball to McDonald’s Monopoly and Coca Cola’s instant-win caps that attract customers. City attorneys claim Riverdale Dinner & Bingo members’ primary intent is to play bingo. The dinners, Internet minutes and phone cards are only a means of getting bingo cards for gambling, they say. “Dinners cost $16, $26 and $41,” said roger Spiegel, a former Utah Highway Patrol officer who went undercover into the club. “The entrée and portion size is the same regardless of money spent, but the more you spend, the more bingo cards you get and increase your odds of winning.” Diana said $5 pays for the food and that the balance is a donation to help pay for operations of the for-profit club. The club has 25 Magic Balls and one Internet computer. City attorneys say this is proof the cards and Internet time are considerations for gaming. The City Council is scheduled to rule on the license revocation at 6 p.m. Tuesday. |