Greetings Riders,
 
As I look at the date above it is hard to believe that we are already into the month of November. Seems like the busier we become, the faster time goes by. You would think it would be the opposite. Reference points are also throwing us a curve. The weather is as good at this time of year as we have seen in a while. I hope you are taking advantage of this Chamber of Commerce weather to break out the bike and ride it to work. The morning temperatures are invigorating and the ride home is perfect. The only thing going faster than the time should be the odometer on your motorcycle. That is the case with my Road Glide as it crossed 19,000 miles this past weekend. I am taking advantage of this weather and using it for all of my transportation needs these days. If your boss doesn't mind the wind blown look or helmet head, give it a try. Your gas bill will shrink and your smile will grow!
 
With elections coming up on Tuesday, November 7th, politics ore on everyone's mind. It could be one of the more important elections in the past 50 years, no matter which side of the fence you are on. Politics are also working their way into the motorcyclists world again. For a group that just wants to ride, do good things for others and enjoy those who share a like passion, we sure seem to inadvertently find ourselves in the middle of controversies. That would be the case once again as the question of "Poker Runs" as they relate to State gambling laws has now been raised by the Arizona Department of Gaming. It was brought to my attention a couple of weeks ago that "Poker Runs", as they are being run right now are in violation of State gaming laws. A couple of the recent Poker Runs had to change verbiage on their flyers and actually how they ran the event. Larry Tank of the Strayfeathers actually postponed their run to come into compliance.
 
What does all of this mean to us? That was my question. So I made an appointment with Gary Applegate at the Gaming Commission to find out exactly what was going on. Apparently there has been a State law on the books for several years that prohibits the selling of Poker Hands and raffles for a specific amount that will yield a prize. Poker Runs and Raffles are therefore considered a form of gambling.
 
You are probably thinking to your self right now that all you wanted to do was help a good cause, ride, have some fun and if you won some money great, but you really weren't looking at it as gambling. Now you are probably wondering, what is considered gambling? According to State gaming law ARS 13-3301, "Gambling" includes any act of risking or giving something of value for the opportunity to obtain a benefit from a game or contest of chance or skill or a future contingent event. A "raffle" involves the payment of money for the opportunity to benefit from a future contingent event and therefore will be illegal unless the raffle satisfies a narrowly defined statutory exception.
 
At this point of the conversation, my practical side had to make an appearance and I asked why the Gaming Commission would be worried about a few thousand dollars going to charity through the use of poker runs and raffles when the Indians are setting out there sucking billions of dollars out of our economy with their casinos. As I found out, the Gaming Commission is actually a 2 edged sword as it pertains to us. The AGC was developed in 1995 to protect the Indian gaming compacts from anyone else encroaching on their exclusive gambling rights in the State (ie: Poker Runs), as well as to be a watchdog at the casinos to make sure that their machines and gaming methods are compliant. So as part of their job, poker runs are in violation of the State's gaming compacts with the Indians, therefore it becomes their obligation on the sharp side of the sword to police us. To see a complete time line of how all of the Indian gaming developed Click Here. It is very interesting.
 
Now that you have gotten the "legalese" of gambling and raffles, what does that mean to us? What it means is that to be compliant, we will have to change the ways that poker runs are presented. You will not be compliant if you charge a set fee for the inclusion of a poker run. The way that it was explained to me is that if you were to charge, for example, $20 for lunch, and the poker run was included with the lunch, then it would be compliant. In this instance you are charging for lunch and not the poker run. As for raffles, 50/50's, etc. you can not put a stated price on these, it would only be legal if you were to ask for a donation, without a stated price. It all boils down to the meaning of gambling. In short, if you plop down your Benjamin and expect to possibly profit, it is illegal. If you are buying lunch and happen to be eligible for a free poker run by the fact that you bought a hamburger, that is compliant.
 
It all seems pretty silly to me. It really just comes down to semantics and how you present your event which will make it compliant or not. As I bounced different scenarios off of Gary at our meeting, I found that the "Gray" area in this law is huge. There are many "workarounds" and creative ways to continue to make poker runs a viable means of raising money and entertaining riders, but you will need to at some point become compliant as it is written in the State laws or the organizer AND the participants could be at risk of being cited by the State for illegal gambling. They have told me that they are in the education mode for the public and not in the prosecution mode at this time. So if you have one coming up, chances are you won't get cited at this time, but you might be contacted and asked to change the way that your are presenting your event.
 
I am not an expert on this subject and am not authorized to give advice on it. I am simply passing along what I have learned for your benefit. What I have given you above is my own interpretation from my meeting with the Gaming Commission. If you have specific questions about your upcoming event, you can email Gary Applegate at gapplegate@gaming.state.az.us or call 602-604-1801. These are very nice guys in the Gaming Commission and in no way have it out for motorcyclists or trying to curtail the raising of funds for charity. They are just trying to alert the community and bring these activities into compliance as per State laws. Feel free to give them a call.
 
The irony I found in all of this is that one of the recent complaints about a poker run came from a casino that was actually to be the end location of the ride. Apparently someone at the casino saw the flyer and called the AGC to alert them. Go figure! I guess they didn't read to the bottom to see where they were going to drop off 500 riders to spend money in their casino.
 
Here is the comment that I got in writing from the Arizona Department of Gaming:

"The mission of the Arizona Department of Gaming is to inform the public of the Arizona Gambling Laws.  Charitable organizations are responding more than ever to those individuals and families in need.  In such challenging times, charities depend more on donations and assistance from others.  The Arizona Department of Gaming has no desire to stop these fundraising activities, but merely ensure that the organizations involved with hosting these events are fully aware of the gambling laws and the exceptions to such laws."
 
This could get me in trouble for voicing my opinion, but it won't be the first time. As for me, I have never been a fan of Indian Gaming laws, and after finding out more about it, I really don't agree with it. In fact, it kind of chaps my saddle. As I looked into this whole thing a little closer, I did the math and figured that the Arizona Indian Community has a net win on average of over 1 Billion dollars per year from gaming of which they have finally agreed as of 3 years ago to give back on a sliding scale UP TO 8% of that money to the State. Click Here to see how that works.
 
My question is this. If I can simply drive 1/2 mile East of the Loop 101 to gamble, why don't we just legalize gambling in the State, gain more control over it, compete with the Indians, put that same 1 Billion dollars net profit in the State's coffers and EVERYONE who lives in the State would benefit from the windfall through better roads, education, amenities and social services such as medical, Police, Fire, etc. Duh! It's not like driving the 1/2 mile is saving me from a gambling problem or that we are keeping the bad element on the outskirts of town. I have never understood the politics of this one and never will, but it seems like a no brainer! There must be smarter people than me running this State. I know we have compacts with the Indians, but those are renewable every few years. Things could change.
 
Useful Links:
Click Here for the Gaming Brochure to explain the definition of gambling.
http://www.azgaming.gov/
http://www.azgaming.gov/contributions.htm
http://www.azgaming.gov/history.htm
 

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Highlights This Week
 
November 3-5
Cycle World International Motorcycle Shows. The 26th Annual Cycle World International Motorcycle Shows presented by Toyota will showcase the latest machines from more than 17 manufacturers.
 
November 3-5
Western Trails Ranch Grand Opening. Big Party all Weekend! Vendors, Bands, Tons of Entertainers, Starship will be in concert the night of November 4th.
 
November 4th - 9th
Chester's Harley-Davidson Get Ready For Rocky Point Rally Sale. We will have 10% off Riding Gear.
 
Saturday, November 4th
Shriner's Ride For Kids. Shriner's "We ride so kids can Walk" EVENT.
 
Thursday, November 9th.
Cyclerides.com Ride to the Rocky Point Rally. Going to the Rocky Point Rally? Want to ride with others? Join us for the Cyclerides.com Ride To Rocky Point.
 
Friday, November 10th
Gordon Biersch VIP Grand Opening Reception.
Sign Up by Friday, November 3rd for VIP Party with free food and drinks.
New Gordon Biersch Next to Cardinals Stadium at Westgate. 

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Extras 

We all wish that everyone in cars would look out for motorcycles. I think the Motorcycle Council in New South Wales has figured out an interesting way to draw attention to themselves. Click Here.

 

John Kerry seemed to have stepped in it the other day with his comments about our troops being educationally challenged. Here is a hilarious response direct from our troops. Click Here for picture.
 
We have heard all of the bad things going on in Iraq lately. Here is one that tells a little different story. You won't see this in the mainstream media. Click Here for what is titled "The Real Story". This is encouraging.
 
Is this a real accident, or just a good acrobat? You be the judge with this 9 second video. Click Here.