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Show BB The National Enterprise, July 27, 1977 Gambling tant," Anderson says. a formal opinion. The Trade Commission is charged with administering the unfair competition part of the lottery bill, says Stevenson. She explains the bill, passed by the legislature in 1963, does not govern businesses already regulated by a federal government agency. Thus, it excludes gasoline stations, broadcast media, the banking industry and nonprofit corporations. Hansen based his opinion on a 1941 case, State vs. Russell, Inc., in which the judge determined Russells gasoline station, which was giving patrons books of worth A Continued from page one It noted Russell's adertising increases traffic and volume, and helps keep prices down. Anderson was served with a cease and desist order July 25, regarding a contest Dee's had just finished running that day. Inviting listeners of KRSP to guess which Dee's store held the prize bicycle, the promotion was one of many similar contests Dees and other merchants often organize to gain publicity and attract customers. The recent enforcement policy resulted from an inquiry made by a rather large firm" to the Utah Trade Commission, according to director Eueda Stevenson. They wanted to check the legality of offering a free trip as a prize," she says, and I had to tell them I had serious reservations about it, because it would involve a game of chance." She referred her questions to director of the division of Business Regulation, Eugene Lambert, who, in turn, referred them to Attorney General, Robert Hansen. Hansen responded July 1 with stamps Page eleven varying amounts, depending on the notation found beneath the seal of the booklet, was dealing in unfair competition be-- , cause the competitor was losing business to Russell. The use of the promotional scheme, not the product, was attracting customers, the judge decided. In addition, the judge method appealed weekend at the to the gambling instincts of the pub- lic. Hansens opinion elabor- ates on the judges decision, saying a promotion is unfair to competitors if it is opposed to good morals," i.e. it is characterized by deception, bad faith, fraud or oppression, or tends to create a monopoly. In addition, Hansen states, the promotion must force competitors to use a similar promotional device to avoid losing business. Referring to the state Constitution, Hansen quotes. The Legislature shall not authorize any game of chance." And, under the Utah Criminal Code, effective June 1973, the lottery provision became a part of the gambling statute. It defined lottery as any scheme which would distribute property by chance among people who have paid any valuable consideration" for the opportunity to participate in the contest. The term valuable consideration" has been interpreted by Hansen to mean time, attention, thought, energy and money spent in transportation to the store." The point is ridiculous A point of hot contention among local businesspeople, this interpretation is under further investigation by state authorities. Dees president finds the official position ridiculous. Why, for some people it is an effort just to breathe," he declares. Anderson fears the eventual result of the current controversy will be a liberal state law, with an intent opposite that of the present statute. I think we will see a backlash," he predicts. per day for two people ALL CHILDREN Package Includes: Your own beautiful room at the Rodeway Inn of Boise for one nite (your Meanwhile, the Salt Lake Area Chamber of Commerce, the Retail Merchants Association. Utah Retail Merchants' Association and newly formed choice of Fri., Sat., or Sun.). One drink per person at the Sandbar Restaurant. are sharpening their diplomatic tools and attempting to see themselves through a situation that, at this point, is just about as clear as mud. sub-grou- ps FREE o 2 Super Vi lb. Sandbar Burgers with all the trimmings. Free Tickets to the horse races for the one call wonder woman Whole Family. o Children are Free, regardless of age, in the same room with their parents. All Relax and Enjoy the day at our beautiful then pool. Have a drink at the Sandbar off to the Races to Win Your Fortune! Call Jan for Reservations (208) 343-187- 1 TOLL FREE (800) 228-200- 0 ! nfess She can type. Take dictation. Does filing arf are hard personality . . Good secretariesmeans s jsnen a is on your side. One phone cal mases. aggravation and money. One call, ihat sail ! I Where New Future Beg " ! !i ng 5 Snei n 1 odeway Inn of 29th & Chinden Blvd. Boise, Idaho 83704 |