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<br />the state gaming laws; therefore, neither the state nor the City of Eugene has the power to <br />regulate tribal casinos. No changes are being made to the rule as a result of these comments. <br /> <br />Comments Reeardine Poker as Gambline Versus Poker as a Game of Skill. Several <br />comments seek to illustrate the difference between gaming and gambling and wish the City to <br />affirm that poker is gaming rather than gambling. <br /> <br />Findines. Under state statutes, a game of poker is considered unlawful gambling unless <br />otherwise authorized by law. See ORS 167.117 through 167.167. This administrative rule <br />incorporates the state law definition of social gaming. A game of poker conducted in accordance <br />with state law, the Eugene City Code and this administrative rule is a social game, and is <br />therefore not unlawful gambling. Although the Eugene Code refers to social gambling, rather <br />than social gaming, in all other particulars the Code provisions follow the definition of social <br />gaming in the Oregon Revised Statutes. In order to clarify this administrative rule, I have added <br />a provision explaining that social games are governed by ORS 167.117 through 167.167; Eugene <br />Code provisions including but not limited to 993.870 through 3.876; and this administrative rule. <br /> <br />Comments Reeardine Specific Persons or Businesses. Several comments addressed the <br />conduct of specific individuals or businesses relating to social gaming. <br /> <br />Findines. The City Manager makes no findings regarding comments addressing specific <br />individuals or businesses rather than the proposed rule. No changes are being made to the rule as <br />a result of these comments. <br /> <br />Comments Reeardine Pari-Mutuel Bettine. Several comments addressed both social gaming <br />and pari-mutuel betting. <br /> <br />Findines. Pari-mutuel betting is not social gaming as defined by state statute and is therefore <br />not addressed by this administrative rule. No changes are being made to the rule as a result of <br />these comments. <br /> <br />Comments Reeardine the Definition of "Owner of a Social Gamine Premises". Several <br />respondents commented that they found the definition of "owner of a social gaming premises" in <br />the administrative rule overly broad. <br /> <br />Findines. The definition of "owner of a social gaming premises" is consistent with the <br />definition in EC 93.005. No changes are being made to the rule as a result of these comments. <br /> <br />Comments Reeardine the Definition of "Tournament-Style Social Game". Several <br />respondents objected to the definition of "tournament-style social game" in the administrative <br />rule, pointing out that not all tournaments require a buy-in. <br /> <br />Findines. A tournament-style social game which does not require a buy-in is appropriate under <br />the definition of tournament-style game incorporated in this administrative rule. Ifno buy-in is <br />required for a particular tournament, no individual buy-in will exceed $100.00, no portion of the <br />buy-in will be paid to or retained by the house; and as long as all players are charged a buy-in fee <br /> <br />Administrative Order - Page 3 of 10 <br />