Thread: Gaming laws
09-15-2010, 04:05 PM #1
- Join Date
- Sep 2010
- Thanked 0 Times in 0 Posts
Jurisdiction / State: Texas
I am trying to find how to legally open a poker room in Austin, Texas. I believe if I make a non-profit corporation that runs the poker room and also open a private charity that gets all of my profits I should be able to. Since it does cover all three of he defenses of section 47.04 (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. I also relise I would have to find a inventive way to pay my employees since I inturpret the law as they can not benifit from working for me also. If you have any insite I would love to hear it.
02-20-2011, 01:46 AM #2
- Join Date
- May 2001
- New York City
- Thanked 297 Times in 278 Posts
This is a penal statute. It doesn't give you a license to open a gaming room. What it says is that you won't be guilty of an offense of this particular kind if one of the three occur. Just because you successfully don't have a problem with this statute doesn't mean there isn't another that prevents you from doing what you want to do. It's not that easy and, no doubt, many have thought of this before.
§ 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
(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
(c) An offense under this section is a Class A misdemeanor.Forum posts are not legal advice, are for educational purposes only & are not substitutes for proper consultation with legal counsel.
» Need a lawyer? Use TheLaw.com's FREE Case Review now! «
By armour248 in forum Internet & Social Media LawReplies: 3Last Post: 05-30-2012, 03:45 PM
By 1SeekingHelp in forum Constitutional Law & Civil RightsReplies: 13Last Post: 04-18-2010, 06:26 PM
Drug Crimes, Substance Abuse palm desert police dont respect medical marijuana lawsBy Andrewneedshelp in forum Criminal ChargesReplies: 43Last Post: 02-20-2010, 02:48 PM
Consumer Law, Warranties What are South Carolina's Equivalent laws to that of the Sarbanes Oxley Act and HIPAABy todaheartz in forum Consumer Law, Contracts, WarrantiesReplies: 1Last Post: 01-17-2010, 12:40 AM
By catsgrave in forum Internet & Social Media LawReplies: 1Last Post: 07-30-2008, 12:24 PM