is a "No Rake" poker game legal in NY? - Poker Legislation

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is a "No Rake" poker game legal in NY?

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03-27-2008 , 10:49 AM

klamz

enthusiast

Join Date: Mar 2008 Posts: 86

Is it legal for me to setup a few poker tables in my NY restaurant? I won’t be raking pots or charging fees, but I will have a chip cage and dealers. I am not making a dime off the game, but it will draw customers who will buy food and drinks!! Nothing crazy maybe 5 tables tops.

Will SWAT really raid my business establishment if they found out I was doing this?

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03-27-2008 , 11:07 AM

Elbow Jobertski

adept

Join Date: Jan 2008 Posts: 1,092

I would suggest calling a lawyer and/or the local heat for their opinion.

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03-27-2008 , 02:30 PM

Rainbow Warrior

flight risk

Join Date: Sep 2002 Posts: 5,815

I would suggest that if this idea was possible it WOULD have happened by now and would be everywhere in NY.
No chance.

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03-27-2008 , 04:20 PM

Elbow Jobertski

adept

Join Date: Jan 2008 Posts: 1,092

There is that as well. I guess the fact that the person running the game is profiting from same is enough regardless of whether the profit is directly from the game.

Whether there is caselaw to that effect is a whole different story, but it seems a decent theory in states where profiting from the game is what makes it illegal. In some states profit isn't an issue though.

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03-27-2008 , 07:38 PM

igetbadbeat

old hand

Join Date: Oct 2006 Posts: 1,964

I have a feeling it's legal but very hard to pull off.

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03-27-2008 , 08:25 PM

Lottery Larry

Home Poker Pimp

Join Date: Jun 2003 Posts: 19,603

Quote:

Originally Posted by igetbadbeat

I have a feeling it's legal but very hard to pull off.

I have a feeling you're wrong about the first part.

OP, iirc there were a bunch of NY poker threads in the archives, maybe last fall? Anyone else have a pointer?

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03-28-2008 , 10:01 AM

klamz

enthusiast

Join Date: Mar 2008 Posts: 86

I have contacted my lawyer and waiting for a response. Thanks for the posts.

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03-30-2008 , 01:24 PM

dangeraw

bad beat soundboard

Join Date: Mar 2008 Posts: 20,852

Quote:

Originally Posted by klamz

im not aware of the laws in ny but i do know that this would be legal in Texas a state that doesnt let native americans have casinos even if it is nothing but solts

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04-17-2008 , 03:25 PM

Bumbaclat

veteran

Join Date: Feb 2008 Posts: 2,909

Quote:

Originally Posted by klamz

Here in Ontario the money you make from selling drinks/food is considered rake and a no-go. good luck with that, hopefully it is different in NY.

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04-17-2008 , 03:58 PM

#10

Sephus

Pooh-Bah

Join Date: Aug 2004 Posts: 4,668

Quote:

Originally Posted by klamz

I am not making a dime off the game, but it will draw customers who will buy food and drinks!!

uh...

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