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Paying for play-Home Poker Game

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hunter88

Junior Member
What is the name of your state?Tennessee

I want to have a home poker tournament.
Everyone pays x amount for x amount of CHIPS, no "real money play". An x amount deducted from everyone's "entry" to pay for drinks and food that I pick up for us. Is this illegal for me to do? At the end of the night I would probably have some left over but plan to use it for a later BBQ & card night party. Deduction will probably be a set amount of about 5 bucks each. We're talking a small entry fee also, 25 to 50 dollars.
Some states I know it's legal to play at home with money, some states I think it's only legal with chips. I think it's illegal to take a "rake". I don't know if that means per hand or overall or to just make a profit by any means. Money can also be used for tipping the dealer, if we pick one of us to deal.?
 
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JETX

Senior Member
hunter88 said:
I want to have a home poker tournament.
Everyone pays x amount for x amount of CHIPS, no "real money play". An x amount deducted from everyone's "entry" to pay for drinks and food that I pick up for us. Is this illegal for me to do ?
In my opinion, it would largely depend on whether you derive ANY profit from your 'drink and food' sales. Here is the Tennessee Code:
"39-17-503. Gambling promotion.
(a) A person commits an offense who knowingly induces or aids another to engage in gambling, and:
(1) Intends to derive or derives an economic benefit other than personal winnings from the gambling; or
(2) Participates in the gambling and has, other than by virtue of skill or luck, a lesser risk of losing or greater chance of winning than one (1) or more of the other participants.
(b) The offense of gambling promotion is a Class B misdemeanor."

Further:
"39-17-504. Aggravated gambling promotion.
(a) A person commits an offense who knowingly invests in, finances, owns, controls, supervises, manages or participates in a gambling enterprise.
(b) For purposes of this section, "gambling enterprise" means two (2) or more persons regularly engaged in gambling promotion as defined in § 39-17-503.
(c) The offense of aggravated gambling promotion is a Class E felony."

In my opinion, several parts of your post (including dealer fee, etc.) could lead to violations.
 

CdwJava

Senior Member
I cannot imagine the police trying to sniff out and raid a 'penny ante' poker game even if it were illegal. What an amazing waste of time and resources THAT would be.

But, if you start advertising a "poker tournament" you MIGHT run in to problems.

Stick to a private game between friends. Opening it up to a wider audience also increases the likelihood that you might run afoul of the gambling laws or some other problem ... especially if you serve or offer alcohol.

Carl
 

JETX

Senior Member
CdwJava said:
Stick to a private game between friends. Opening it up to a wider audience also increases the likelihood that you might run afoul of the gambling laws or some other problem ... especially if you serve or offer alcohol.
Of course I agree. But that was NOT the question. The writer asked about what appears to be a 'commercial' enterprise. Simply, running a 'gambling house' by offering games with prices for 'concessions', possible 'rake' (and we all know that doesn't mean a 'friend game'), dealer 'tips', etc. This sounds far more like a professional 'enterprise' than a bunch of guys sitting around playing on Friday nights.
 

hunter88

Junior Member
Private, not completely open

Thanks to both of you for the help!
I was talking about a non-advertised HOME type game. Friends that I have played with on and off for awhile. Probably have 20 people in all, maybe 8-12 on any given Friday or Saturday night. What I was trying to do was figure out what would make it legal, keep it from being illegal.
Let's say basically each person gives $5 (they freely donate it) for each mini tournament they play during the night, say 3 tournaments (among friends, not advertised) per night. BUT, I have a wild game supper with free drinks (NO alcohol at the house). We stop after the first one, eat supper, then play a couple more. I would contend that any money that I received from friends that night would be them helping me for food and drink costs. Not regular restaurant food either, venison, goose, rabbit, doves, pick one on a given night.
I understand that law enforcement should be looking for drug dealers and other criminals, but, with my luck, you know what I mean.
I'm just wondering about the legality before I start offering this to my friends. I play a couple of raked games now, as well as a couple non-raked. My idea is better than any that I have the chance to play in now.
I don't want to claim that I'm in the restaurant business either, I just want to come out with extra money to cover my costs. Who can say that my cost to fix each person a venison supper doesn't average $15.00 per plate? I just want my expense to equal my take, WILL THAT WORK to keep me out of potential hot water? Thanks again!!!
 

JETX

Senior Member
Of course we all know what you are trying to do (wink, wink) and of course you can do it. The only real question is whether you will be able to convince the authorities that you are not a 'gambling house' if the come a knockin'.
 

hunter88

Junior Member
: )

Yes, I think you have the idea.
Like I said, I'd be unlucky enough to have a neighbor report the vehicles, then have a "barney" stop by to check things out and decide he wanted to put a feather in his cap, so on and so forth.....
Just wondering if my story, as it would be true, would be justification. Thanks again fellas for your time!
 

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