Quote:
Originally Posted by frankie2
It's illegal in every way. First of all, even unraked games are illegal in Virginia if run by an operator which "includes any person, firm or association of persons, who conducts, finances, manages, supervises, directs or owns all or part of an illegal gambling enterprise, activity or operation."
The guy running it is clearly an "operator" and the game runs regularly. Not to mention he DOES charge a rake (calling it a mandatory donation, or even a donation, doesn't help). The defense that the game costs him more to operate than the rake is no defense....
What's not unclear is that the game (or any game in VA) is not "100% legal." At best, it's a tossup. At worst, it's illegal as hell.
100% wrong. The "operator" paragraph you quote does not apply; the home game exception is explicit. The person running the game (me, btw) is not an "operator" under VA law. The $10 toward food is *not* a rake, and the receipts for the food, which always far exceed the amount collected, are kept available. Half the time, we don't even do that -- we order individually from a local restaurant, and someone collects the actual cost of the items ordered. Even then, the host provides additional items -- cheeses, wine, beer, desserts -- at no charge whatsoever.
You might avoid circular arguments and read further in the City Code. Being the host does not make one an "operator." Also note that the term "commonly" has specific legal meaning, and is *not* synonymous with "regularly":
"Sec. 13-1-9 Same--private residences.
Nothing in this chapter shall be construed to make it illegal to participate in a game of chance conducted in a private residence, provided such private residence is not commonly used for such games of chance and there is no operator. An operator includes any person, firm or association of persons who conducts finances, manages, supervises, directs or owns all or part of an illegal gambling enterprise, activity of operation. (Code 1963, Chapter 23, as amended by Ord. No. 2427, 1/8/80, Sec. 1)"
Further, in addition to the LEOs who are always in the game, more than half of the game's regulars are attorneys. The city attorney is an occasional player. You can't get a more explicit endorsement than that.