From: Chuck Humphrey
Newsgroups: rec.gambling.poker
Subject: Re: Kentucky bar busted for Hold'em tournament
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Date: Fri, 02 Apr 2004 18:19:11 GMT
On 1 Apr 2004 20:55:44 -0800, jadkins69@netzero.com (Jack Adkins)
wrote:
>A bar in Northern Kentucky was raided while I was in the middle of a
>no limit hold'em tournament there.
***
> After talking to a few officers they said it was the fact
>that the bar profitted from the sale of alcohol and showed me the law
>in his law book. It said something to the fact that an establishment
>couldn't profit from the game.
***
> But the thing to me is why can this bar have a pool
>tournament then? Isn't this the same thing?
The pool tournament is a game of skill. The poker tournament is a
game of chance. Playing in the tournament is legally OK. Advertsing
it and running it are not. Here are definitions from the Kentucky law
excerpted from my Website:
528.010 Definitions for chapter.
The following definitions apply in this chapter unless the context
otherwise requires:
(1) "Advancing gambling activity" -- A person "advances gambling
activity" when, acting other than as a player, he engages in conduct
that materially aids any form of gambling activity. The conduct shall
include, but is not limited to, conduct directed toward the
establishment of the particular game, contest, scheme, device, or
activity involved; toward the acquisition or maintenance of premises,
paraphernalia, equipment, or apparatus therefor; toward the
solicitation or inducement of persons to participate therein; toward
the actual conduct of the playing phases thereof; toward the
arrangement of any of its financial or recording phases or toward any
other phase of its operation. A person who gambles at a social game of
chance on equal terms with other participants does not otherwise
advance gambling activity by performing acts, without remuneration or
fee, directed toward the arrangement or facilitation of the game as
inviting persons to play, permitting the use of premises therefor and
supplying equipment used therein.
****
(3) (a) "Gambling" means staking or risking something of value upon
the outcome of a contest, game, gaming scheme, or gaming device which
is based upon an element of chance, in accord with an agreement or
understanding that someone will receive something of value in the
event of a certain outcome. A contest or game in which eligibility to
participate is determined by chance and the ultimate winner is
determined by skill shall not be considered to be gambling.
Chuck Humphrey