Quote:
Originally Posted by michelle227
Except that there is caselaw that exists that specifically puts poker as a skill game and NOT gambling. And, if there is no gambling that is going on, then one can clearly NOT be 'keeping a gambling place.'
This is another example where y'all are missing really basic stuff. The gambling laws in Texas are written such that gambling offenses are for games where there's even only a PARTIAL element of chance involved. Go look at the definition of "bet" in 47.01. Any prosecutor can easily make the argument that running a flush draw into a pair for all the chips has a partial element of chance to it.
Quote:
Originally Posted by michelle227
Where funds are NOT coming off of the table, it is not a rake. Even if you look to the way some games are run that have a time rake (which is generally 5-10 and above), those chips come from the table, not cash out of the player's pockets. I haven't seen a time-rake in New Orleans in several years. Have no idea what Lake Charles might be doing.
Tips in the properly run establishments are ALSO not permitted to come from the table
Why do you think coming off the table matters? Where does it say this in the statutes or anywhere in the case law? In 47.02 and 47.04 (where there is an affirmative defense) the test is whether or not there's an ECONOMIC BENEFIT not a rake or tip that comes off the table.
Further "economic benefit" is undefined in the statutes. This means the term gets interpreted on a plain language basis. So, people are going to do things like pull dictionary definitions to describe what an "economic benefit" is. In these broad definitions, really pointed concepts like "on" or "off" the table don't come into play. Go take a look at Gaudio v. State to see this in action.
In 47.03...with no affirmative defense...the test is whether or not you "operate or participate in the earnings of a gambling place." Again, nothing is said about coming off the table or not. Time rakes and tips, even if paid out of pocket instead of in chips, are still earnings from a gambling place.
EVEN IF in some parallel universe coming off the table actually mattered, we've all seen staff at Post Oak Poker Club and Mint Poker get lazy and allow time rake and tips to be paid using chips coming off the table.
Quote:
Originally Posted by michelle227
and we have a Reporter's Record now where the federal government essentially conceded that tips were not funds from gambling. If you look at what got Bloom charged and convicted, it was not the game itself...it was allowing a rake FROM THE TABLE. That was in the government's statement at sentencing...
Come on that's a streeeeeeeeeetch. Bloom's case was FEDERAL. The federal section she got charged under, 1955, requires one to violate a state's gambling laws. So they were looking at whether or not she violated NEW YORK gambling laws. Texas law is completely different. Look how different these gambling statutes are:
New York
Texas
Alright enough FREE HELP from me. You guys are going to have to spot the gaping holes in your arguments yourselves from now on. I hope you do...prison sucks.