Quote:
Originally Posted by PTLou
Clubs have used the membership, hourly pay to avoid raking the pots. OK I can buy that.
But, TX (I believe) has language like most other states that says something to effect of "no person can receive any economic benefit from from an operating, organizing etc etc "
Certainly the club owners, floor, and dealers are receiving economic benefit. imo they are violating state law, irrespective of ever being prosecuted. Even if club owners claim they are Private club with darts and whatever, and that the members just decide to play poker... then OK.... but at a minimum the dealers are certainly directly involved in the operations of an illegal game, and are certainly receiving economic benefit ( and not from playing darts)
These rooms in TX are going to collapse under their own weight. As more and more open the pressure from a variety of anti-gambling groups will grow for prosecution/closure. If not then TX would soon look like CA Card Club market. Thats not just not gonna happen, thus they will all be closed at some point.
I dont see TX passing any laws authorizing any sort of gaming. People have been trying for decades. But you never know what is happening in the hallways in Austin between the state reps and their bosses aka the lobbyists, so for sure its possible.
I am not a Texas lawyer, but poker is a game of skill, all participants in the game have an equal chance of winning, and
"The law (the penal code ?) .... provides for some affirmative defenses to prosecution:
the actor engaged in gambling in a private place;
no person received any economic benefit other than personal winnings; and
except for the advantage of skill or luck, the risks of losing and the chances of winning were the same for all participants"
https://guides.sll.texas.gov/gambling
Again, I am NOT a Texas lawyer but, if that term "person" means a game operator, I expect a premises access charge, but no game rake or or play-based charge, has been a pretty powerful structural guideline..... ask a lawyer admitted to practice in Texas, my view is my view, not legal advice.
Dealer tips ?
Yeah, there was a case in another State brought under a federal law where a waitress getting tips was counted as 1 of the 5 people needed for jurisdiction, but that was an unwarranted stretch in my opinion.