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Q: poker home game ( Answered,   2 Comments )
Question  
Subject: poker home game
Category: Sports and Recreation > Games
Asked by: newyorkguy-ga
List Price: $5.00
Posted: 08 Sep 2004 13:02 PDT
Expires: 08 Oct 2004 13:02 PDT
Question ID: 398474
what's my legal risk in running a home poker game? no rake, low
stakes. In/near Los Angeles.
Answer  
Subject: Re: poker home game
Answered By: denco-ga on 08 Sep 2004 13:37 PDT
 
Howdy newyorkguy-ga,

A reminder of the "Important Disclaimer: Answers and comments provided on
Google Answers are general information, and are not intended to substitute
for informed professional medical, psychiatric, psychological, tax, legal,
investment, accounting, or other professional advice."

The California gambling laws as presented by the Gambling-Law-US.com site.
http://www.gambling-law-us.com/State-Laws/California/

The pertinent section appears to be here:

"Penal Code Sec. 337j

(a) It is unlawful for any person, as owner, lessee, or employee, whether
for hire or not, either solely or in conjunction with others, to do any of
the following without having first procured and thereafter maintained in
effect all federal, state, and local licenses required by law:
...
(e) (1) As used in this section, "controlled game" means any game of chance,
including any gambling device, played for currency, check, credit, or any
other thing of value that is not prohibited and made unlawful by statute or
local ordinance.

2) As used in this section, "controlled game" does not include any of the
following:
...
(D) Games played with cards in private homes or residences, in which no
person makes money for operating the game, except as a player."

So, it looks like a no rake game is allowed by state law.

I could find no evidence that Los Angeles has a statute or local ordinance
that contradicts the state law.

If you need any clarification, feel free to ask.


Search strategy:

Google search on: poker home "Los Angeles" illegal
://www.google.com/search?q=poker+home+%22Los+Angeles%22+illegal

Looking Forward, denco-ga - Google Answers Researcher
Comments  
Subject: Re: poker home game
From: saipan-ga on 04 May 2005 19:08 PDT
 
though a no-rake game does seem to be legal under CA law, i think it's
not under the LA County Code:

13.20.030 Gambling activities prohibited.
A person shall not deal, play, carry on, or conduct:
A. Any game where players bet or wager money, checks, credits or other
things of value against each other; or
B. Any game of chance for money, checks, credits or other things of
value. (Ord. 11114 § 1, 1975: Ord. 9555 § 2 (part), 1968: Ord. 461
Art. 2 § 21, 1917.)
Subject: Re: poker home game
From: denco-ga on 04 May 2005 21:21 PDT
 
Howdy saipan-ga,

I think this earlier section of the Los Angeles, California County Code
might go against your opinion.

13.20.020 - Acts regulated by state.
http://www.bpcnet.com/cgi-bin/hilite.pl/codes/lacounty/_DATA/TITLE13/Chapter_13_20_GAMBLING_AND_RELATED/13_20_020_Acts_regulated_by_st.html

"The ordinance codified in this chapter does not prohibit any act either
positively permitted or prohibited by state law. (Ord. 9555 § 2 (part),
1968: Ord. 461 Art. 1 § 3, 1917.)"

Looking Forward, denco-ga - Google Answers Researcher

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