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The Honolulu Advertiser

Posted on: Thursday, April 21, 2005

BUREAUCRACY BUSTER

Web poker games may not be legal

By Robbie Dingeman
Advertiser Staff Writer

Q. With the popularity of Texas Hold 'Em and other poker games on TV, there are many TV commercials that feature poker Web sites. Some of these sites say we can play for free. Would logging onto this site and playing for free be considered illegal in Hawai'i?

A. It all depends if the site charges a fee for you to play or if it really is free, said Honolulu Police Lt. Walter Ozeki, of the narco/vice division.

"The basic premise is that you can play poker for free, but they also allow you to deposit money in an account," Ozeki said. "You can play online against people wherever they are and wager money on it."

But because Hawai'i state law allows social gambling, poker is generally legal as long as they're not taking a house cut, he said. Put another way, the gambling is legal if the only money being exchanged is the wager, not an additional pay-to-play fee. "Even a membership fee could be interpreted as making a profit," Ozeki said.

Ozeki emphasized that his opinion is a general one based on his understanding of how the free poker sites work. Other factors could make the games illegal. For example, if they allowed players younger than 18, if some players received something of value, if the gambling took place on school grounds or in bars, restaurants and hotels, he said.

Q. There's a building in Kalihi that has been half-constructed for some time between the canal and the plumbing supply place on King and Kokea streets. The building is boarded up with weeds and grass all over. There used to be construction signs and a bank sign saying who was financing the project, but those are gone. Is there a time limit on completing a building project like this?

A. A city inspector checked the building and property in question, according to Deputy Director David Tanoue of the Department of Planning and Permitting. He said the building shell is complete, but construction has stopped.

Tanoue said the property was being maintained by the owner and was secured except for a broken piece of the wooden security fence. He said the department will send a letter to the owner requesting that the fence be repaired and ask for status of the construction. If the owner does not intend to complete the building, the department may require that the construction be removed, he said.

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Honolulu, HI 96813

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