Quote:
Originally Posted by unlucky4some
I love that clubs use that straw-man logic. "This thing that we made up that sounds like it might be illegal, well we aren't doing that thing! We are golden!"
Nutsornot, just where, exactly, EXACTLY, in this does it mention anything about "not having an interest in the outcome" of the game being a defense? Please underline that for us.
Sec. 47.04. KEEPING A GAMBLING PLACE.
(a) A person commits an offense if he knowingly uses or permits another to use as a gambling place any real estate, building, room, tent, vehicle, boat, or other property whatsoever owned by him or under his control, or rents or lets any such property with a view or expectation that it be so used.
(b) It is an affirmative defense to prosecution under this section that:
(1) the gambling occurred in a private place;
(2) no person received any economic benefit other than personal winnings; and
(3) except for the advantage of skill or luck, the risks of losing and the chances of winning were the same for all participants.
(c) An offense under this section is a Class A misdemeanor.
Well first off I'm no lawyer, but it seems as though when it comes to matters of law its not as simple as what a law exactly, EXACTLY says. From what I can tell it looks like people in the legal world interpret these laws their own ways and argue about it until there is a decision made. Thus, I'm afraid I have to disappoint you and will not be able to take up the requested underlining.
Although, here is a small excerpt from a webpage that waldoworld posted a link to which may help to explain it better than I'm capable of.
"Seeking to operate as legitimate businesses, current day gambling concerns have taken advantage of the “private place” and “economic benefit” provisions outlined as defenses to gambling prosecutions. The gambling statute provides no definition for the term “economic benefit”; thus, appellate courts have looked elsewhere for guidance and now rely on the meaning ascribed in Section 1.07(a)(7) of the Texas Penal Code: “Anything reasonably regarded as economic gain or advantage, including benefit to any other person whose welfare the beneficiary is interested.” (Miller v. State, 874 S.W.2d 908 (Tex. App.–Houston [1st Dist.] 1994, pet. ref’d)).
As a result, present-day establishments operate as “private clubs” and enlist the advantage of the “economic benefit” clause by not taking a “rake” or percentage of the game for hosting. Instead, these private poker clubs assess fees for membership as well as for the time that participants spend at the gaming tables. Some clubs also profit from alcohol and food sales."