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Membership-Based Poker in Texas Membership-Based Poker in Texas

10-19-2017 , 12:01 PM
Quote:
Originally Posted by BulltexasATM
VIP is off 45 in South Houston. Game runners from Underground games Augie and Robert will be running it. I saw today another one just opened called Swinging Door Poker Room in same area 45 near Fuqua and Almeda Genoa. Both of these arent that far away from Mint Poker.
If Augie is involved, that is enough for me to stay far away...or, in this case, to not exert the effort to get there.
10-19-2017 , 12:12 PM
Quote:
Originally Posted by clivestraddle
One of the most insulting things happened to me at one of these "legal games"
First off - the owner had no idea who i was....ok..i am not elvis and I am not Madonna but if you are in houston and you don't know who "cLIVESTRADDLE" is - you aint a game runner

So 4 hrs into the game - I am dead even and its a full table and I say..guys I gave back all the profit back to you - time for me to go home

I didnt even make it to the counter to check out (where they shorted me $40 on my buy in) and the game runner declares GAME DOWN....

btw..if you don't get how insulting this is - then you are not a poker player

In leaving - I was told - hey - we are having a game tomorrow - hope you can make it
My reply - in typical English fashion was

Sir, I leave my house about 10 times per year - and I GUARANTEE - this place will NOT BE ON MY LIST OF PLACES TO GO.

At least the last time this happened - the runner had the decency to wait till I was out of the room - while i waited to see everyone leave 10 min later.
Thats quite funny actually.
I know nothing about you, why should people know who you are? I'm guessing a massive donator to the tables?
10-19-2017 , 01:54 PM
The godfather of low stakes poker and always the ugliest one at the table
10-19-2017 , 01:58 PM
Have you ever been a winning player over a decent stretch?
10-19-2017 , 03:20 PM
Quote:
Originally Posted by michelle227
If Augie is involved, that is enough for me to stay far away...or, in this case, to not exert the effort to get there.
Agree, my sentiments exactly!!!
10-19-2017 , 03:21 PM
Quote:
Originally Posted by clivestraddle
The godfather of low stakes poker and always the ugliest one at the table
Alll you had to do was mention Clive Chips. Everyone knows about those!!!!
10-19-2017 , 06:53 PM
CLIVE DOLLARS sir..lol

Used along back stretches of the Canadian highways for cheetos and mt dew

Also now the national currency of Yugoslavia
10-20-2017 , 12:52 AM
Quote:
Originally Posted by clivestraddle
This is probably just viewable by his friends.
10-20-2017 , 03:40 PM
I've played with this guy, before. Nice guy. The comment was deleted as the link no longer works. What did it say?
10-20-2017 , 03:54 PM
google FreeRolls Poker Club
10-20-2017 , 08:22 PM
It's funny how you like to go on long pointless rants about how games are built around you and how everyone should know you even though you only leave your house 10 times a year. Yet, when you have actual information to contribute you post facebook links that nobody can read and tell us just to use google rather than providing the information here.
10-20-2017 , 09:26 PM
i dont know why the links dont work...they get chopped here for some reason

people know me because i have hosted for 20+ yrs and most of houston knows of my game or have played in it
10-22-2017 , 04:03 PM
It is with a heavy heart, sadness and great disappointment that I have to announce FTN will be closing the club Monday Oct. 23rd. The Collin County DA's office has decided that they will not allow our clubs to exist or operate out in the open within Collin County. The McKinney City Police department will allow us to operate through Monday unbothered, if we voluntarily close our business Monday. I'm of course most frustrated and sadden by the situation I've placed my family and my employees. If you know of anyone hiring great people please reach out. In addition, if you're looking for a great poker game around the McKinney area, please message me (Jody Wheeler) and I'll be able to direct you to a great spot that's safe, clean, high action, honest, low cost and fun! Please join us this afternoon as we have a great final day at the club playing the game that we all love! I will be there all afternoon to answer any questions you have directly and I'll of course respond on FB asap. I do requests that you be sensitive to my employees feelings, losing a job with short notice is a very hard thing for anyone to process.

This was posted on FTN's Facebook page 1hr ago... :-(
10-22-2017 , 04:33 PM
Damn. That was a nice club too. Almost went up there last night, but fell asleep...


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10-22-2017 , 04:51 PM
No surprise there. What's surprising is that the Chickasaws allow the ones in Houston and Austin to continue to operate. Maybe they don't have the same amount of pull in those cities? Tilman Fertitta does though.
10-22-2017 , 07:29 PM
ok...legal minds...would the following be legal
membership fee per month
no fees / dealers can be hired by the players to deal at an agreed rate
have to be a member - may play as a guest no more than 3x / yr
10-24-2017 , 09:56 AM
Quote:
Originally Posted by clivestraddle
ok...legal minds...would the following be legal
membership fee per month
no fees / dealers can be hired by the players to deal at an agreed rate
have to be a member - may play as a guest no more than 3x / yr
No, not legal unfortunately. The law is pretty clear that no one can make any sort of economic benefit from poker for it to be legal.

Dealers can't get compensated for dealing. Game girls can't get compensated form bringing drinks/food to gamblers. The house can't get compensated for providing a location and/or equipment...at least in the Dallas area.
10-24-2017 , 10:05 AM
that actually cant be totally true - bars do it all the time with tips to game girls/waitresses / people pay a fee to get their chips and are allowed to tip who they wish - there was a time where NOT economic benefit could be a secondary cause of the game (food / drinks) but that also changed about 2009

there is a way to run a legal game but the hourly / door are "work arounds"

dealers can be hired by people independently - that im sure of - they are not in the employ of the house but by the members
10-24-2017 , 11:29 AM
Quote:
Originally Posted by HTwnPokerGuy
No, not legal unfortunately. The law is pretty clear that no one can make any sort of economic benefit from poker for it to be legal.

Dealers can't get compensated for dealing. Game girls can't get compensated form bringing drinks/food to gamblers. The house can't get compensated for providing a location and/or equipment...at least in the Dallas area.
This is where the various court opinions that poker is a game of skill become a secondary component of the equation...if the staff bringing food/drink are being tipped for THAT service then they are not being compensated for 'gambling' and further, if poker is indeed a game of skill, then nothing they do is associated with an economic benefit from 'gambling.'

The key in all of this across the State is going to come down to the tenor of the respective District Attorney offices. If you are somewhere that the DA ignores things like pot and illegal alien status, then a poker room is going to be low on the priority list. If you are somewhere that wants to deny payment to the special prosecutors heading up the criminal prosecution of the sitting Attorney General, then it becomes more likely that they will take the time to threaten operators of a poker room.

Part of the reason that some will survive is that they are charging ANYONE that walks in the door a membership fee (either daily or monthly). Not everyone on the premises is there for the sake of 'gambling.' If you want to go and have a filet for dinner, you are paying the same $X as the person who comes in and pays a seat fee to play some cards.
10-24-2017 , 11:32 AM
Quote:
Originally Posted by clivestraddle
that actually cant be totally true - bars do it all the time with tips to game girls/waitresses / people pay a fee to get their chips and are allowed to tip who they wish - there was a time where NOT economic benefit could be a secondary cause of the game (food / drinks) but that also changed about 2009

there is a way to run a legal game but the hourly / door are "work arounds"

dealers can be hired by people independently - that im sure of - they are not in the employ of the house but by the members
1. Unfortunately it is totally true. I think we'd all like it to be different, but the law is what the law is...as ridiculous as it seems for Texas Holdem to be so tough to play legally in Texas.

2. It's not who employs the dealers that matters...it's that the dealers receive an economic benefit from dealing. This keeps the affirmative defense in 47.02 and 47.04 from working. There are several previous court cases where this has been looked at closely. Folks were found guilty, even on appeal. I'm sure an attorney friend can look them up for you if you want to read them.

3. Bars games are different because, in theory, the players aren't supposed to risk anything to win...thus they haven't made a "bet"...and thus it's not gambling. There's an attorney general opinion that explains this you can go read if you google around a bit.

4. However, we all know that bar games often violate the no bet approach, requiring players to put up cash, thereby making these bar games illegal.
10-24-2017 , 12:54 PM
thank you for your well thought and polite answers
10-24-2017 , 01:22 PM
Trooper's apartment looked like he was in the process of moving out...junk everywhere! Then he complains about his hotel room being dirty as he eats a burrito in bed wtf
10-24-2017 , 04:14 PM
Most of the Texas caselaw that exists regarding 'gambling' and 'gambling place' and 'gambling promotion' deals with eight-liners, NOT poker.

In order for 47.03 to come into play, you need to look at the definition of "gambling place" as it appears in TPC 47.01 which is "any real estate, building, room, tent, vehicle, boat, or other property whatsoever, one of the uses of which is the making or settling of bets, bookmaking, or the conducting of a lottery or the playing of gambling devices."

Nothing about poker, as played with cards and chips, places it under the purview of 'gambling devices' and we know it is not bookmaking or the conducting of a lottery. So, next we would look at 'making or settling of bets' to determine where this falls. As defined, 'bet' means an agreement to win or lose something of value solely or partially by chance. A bet does not include...( B ) an offer of a prize, award, or compensation in a bona fide contest for the determination of skill, speed, strength, or endurance or to the owners of animals, vehicles, watercraft, or aircraft entered in a contest; or... Sections A and C do not apply to anything associated with poker.

Looking at (a)(2), the management of a poker room is not typically engaged in bookmaking, so we can strike that as an attention getter for prosecution under TPC 47.03.

Section (a)(3) discusses "for gain, becomes a custodian of anything of value bet or offered to be bet." As they do not profit from the short-term holding of currency that was exchanged for chips put into play, the management would not be a custodian FOR GAIN.

Chips and cards do not appear in any of the definitions associated with Chapter 47 of the Texas Penal Code.

The problem comes in how much it may cost to defend against the attempted prosecution, however misguided it might be. I know what someone we shared space with got when he defended eight-liner cases. However, rare was the instance that a final conviction came from the prosecution.
10-24-2017 , 04:55 PM
Quote:
Originally Posted by Dream Crusher
Trooper's apartment looked like he was in the process of moving out...junk everywhere! Then he complains about his hotel room being dirty as he eats a burrito in bed wtf
oops, wrong thread lol

      
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