Texas hold 'em fans will play for a trip to Las Vegas at Snowshoe Mountain resort today, after West Virginia Lottery Commission officials said the poker tournament is not illegal.

Wheeling officials raised questions this week about whether Snowshoe and the tournament's sponsor, the West Virginia Radio Corporation, could hold the tournament. They said state law allows gambling only at the state's racetracks and its numerous limited video lottery parlors.

John Melton, counsel for the state Lottery Commission, acknowledged that the law allows the keeping and use of gambling tables and roulette wheels only at the racetracks. However, Melton said to be a gambling event, participants must either wager money or pay to enter. The contestants at today's event won their way in through various radio contests, and paid no money to enter.

"We've cleared the event with everyone concerned, including law enforcement officials," said Christian Miller, West Virginia Radio Corp.'s marketing manager.

The winner will receive $10,000 for entry into the 2009 World Series of Poker in Las Vegas and airfare from West Virginia to Nevada.

Under a 1950s state Supreme Court ruling, for something to be gambling it must have chance, which Melton said this event clearly has. It must have a prize, which Melton said the radio event also has.

However, it also must have wagering, or consideration, something the event does not have.

"None of our qualifiers has put in any of their own money at any stage of the promotion," Miller said, "and none will put in any of their money Saturday. That's a key difference between our event and actual gambling."

"The question is: Is there really a criminal penalty for it?" Melton said.

Texas hold 'em fans will play for a trip to Las Vegas at Snowshoe Mountain resort today, after West Virginia Lottery Commission officials said the poker tournament is not illegal.

Wheeling officials raised questions this week about whether Snowshoe and the tournament's sponsor, the West Virginia Radio Corporation, could hold the tournament. They said state law allows gambling only at the state's racetracks and its numerous limited video lottery parlors.

John Melton, counsel for the state Lottery Commission, acknowledged that the law allows the keeping and use of gambling tables and roulette wheels only at the racetracks. However, Melton said to be a gambling event, participants must either wager money or pay to enter. The contestants at today's event won their way in through various radio contests, and paid no money to enter.

"We've cleared the event with everyone concerned, including law enforcement officials," said Christian Miller, West Virginia Radio Corp.'s marketing manager.

The winner will receive $10,000 for entry into the 2009 World Series of Poker in Las Vegas and airfare from West Virginia to Nevada.

Under a 1950s state Supreme Court ruling, for something to be gambling it must have chance, which Melton said this event clearly has. It must have a prize, which Melton said the radio event also has.

However, it also must have wagering, or consideration, something the event does not have.

"None of our qualifiers has put in any of their own money at any stage of the promotion," Miller said, "and none will put in any of their money Saturday. That's a key difference between our event and actual gambling."

"The question is: Is there really a criminal penalty for it?" Melton said.

With no donation or wager to qualify to play, and using only poker chips, Melton concluded it might still be illegal, but probably is not.

Walt Weiford, the Pocahontas County prosecutor, told The Associated Press he does not believe the event is illegal.

"[Weiford] assured us that we're in compliance with the law," Miller said. "We have an e-mail from Mr. Weiford saying he 'does not consider the event to take place at Snowshoe this weekend to be in violation of West Virginia law.'"

Melton said it certainly would cost the county more to prosecute such a case than it could bring in from fines.

"If you can't convict, can you say that it's illegal?" he said. "I can see some people saying it is, and others that it's not."

The Wheeling Island racetrack also is holding a poker tournament with the winner receiving a trip to the World Series of Poker. Wheeling Mayor Andy McKenzie, who also is a Republican state senator, initially raised the issue about the legality of the Snowshoe tournament.

"We're just doing a radio promotion to try to create some excitement and fun for our listeners," Miller said. "We're certainly not in the gambling business, nor do we want to be."

Reach Tom Searls at tomsea...@wvgazette.com">tomsea...@wvgazette.com or 348-5198.