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.