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.
Samaritan & Scholar
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.
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