Bar owners plead innocent to various gambling charges

By Ed Runyan

The charges pertain to giving out prizes worth more than $10 for playing video gambling machines.

WARREN — Three of the five men charged with committing gambling offenses at three Warren bars have pleaded innocent to various charges in Warren Municipal Court.

Warrants were issued for the arrest of the owners and operators of Up A Creek Brew and Barbeque, 4793 E. Market St.; Paris Cafe, 1635 N. Park Ave.; and Club 2357, also known as Big Mike’s, 2357 N. Park.

As of Thursday morning, Michael Nicholas and Kerry Kish of Big Mike’s and Charles List of Paris Cafe had appeared in court, pleaded innocent to the charges and were released with a court date of 10:15 a.m. Nov. 14 before Judge Terry Ivanchak.

Mark Matash and Scott F. Rogers of Up A Creek had not come to court yet.

Traci Timko Rose, assistant Warren law director, said the charges stem from an investigation conducted by Ohio Department of Public Safety Investigative Unit, which sent undercover agents to Warren in June, July and August to check on complaints of illegal gambling.

It cited Big Mike’s for 21 violations, such as conducting Instant Bingo without a license and operating a video gambling game called “Sweepstakes.”

It cited Up A Creek 11 times, among them illegally operating a “Tic Tac Fruit” video game, which it considers a game of chance for profit.

It cited Paris Cafe seven times, among them illegally operating a “Tic Tac Fruit” game.

The state filed the criminal charges this week, but Timko Rose will prosecute the cases, she said.

This summer, state agents seized the “Tic Tac Fruit” game, 14 gift cards and $271 in cash from Up A Creek, a spokesman for the Ohio Department of Public Safety said.

The agents also seized a “Tic Tac Fruit” game, receipts and $185 in cash from Paris Cafe, and three gambling machines, a credit card upload machine, VHS surveillance tapes and $310 from Big Mike’s, said Julie Hinds, a public information officer for the Ohio Department of Public Safety.

Timko Rose said the video machines are legal as long as the bar does not pay out more than $10 in prizes to a player.

In the case of Up A Creek, it was allegedly paying out $40 gift cards for food in the restaurant as a prize, she said.

The Paris Cafe was allegedly paying out gas gift cards of more than $10 as a prize, and Big Mike’s was allegedly paying out cash of various amounts above $10 as a prize, Timko Rose said.

All of the video game charges are misdemeanors.

Nicholas and Kish of Big Mike’s also face felony charges for allegedly selling Instant Bingo tickets without a license.

Selling Instant Bingo tickets is legal, Timko Rose said, as long as the majority of the profits go to a charity or nonprofit organization.

That’s why churches or other nonprofit groups can do it, she added.

runyan@vindy.com