Casino enabling legislation in Mass.

[catlover]

The Governor has proposed legislation to allow up to three casinos in Mass.

http://davideisenthal.typepad.com/the_eisenthal_report/files/101107_casino_gambling_bill.pdf

Of particular interest, the bill modifies the definition of "gaming". In particular, it is unclear to me whether or not Chapter 137 of the General Laws of Massachusetts currently applies to internet poker, and also whether or not it would apply to internet poker if the bill, as currently proposed, is passed. (See definition of "gaming" in Chapter 4, section 7).


The General Laws of Massachusetts:

http://www.mass.gov/legis/laws/mgl/

[Skallagrim]

My quick look at the proposal (and I do mean quick) suggests that poker will be affected by this change if it passes.

Currently, I do not believe poker is "gambling" under MA law. This is primarily based on the argument that poker is a skill game, and also because MA law in this area is ancient and is directed more at gambling premises than gambling itself.

Under the proposal, any non-licensed "banking or percentage" game played with cards would be illegal. Poker is not usually a "percentage" game. It becomes a "percentage" game, however, if the "house" takes a rake from the pot (a rake is a percentage of the wagers/bets).

Thus any game outside of a licensed casino that is raked would be illegal under the new law proposed. Tournaments would also usually be a percentage game (a % is usually take from the pool). There are ways, however, to structure cash poker games and tournaments so they are not percentage games (this is usually impractical for the house, however, but not impossible).

The new law appears to not mention the internet at all. Internet games are raked, however, so the question would be whether the law is meant to cover the internet. I would say in this day and age failure to mention the internet is pretty good proof that the law is not meant to apply there.

Disclaimer: this is a cursory opinion. Pay me money and I will spend the time to develop a formal legal opinion /images/graemlins/wink.gif .

Skallagrim

[pdj316]

Section 17 (i)
Any person who knowingly transmits or receives a wager of any type by any telecommunication device, including telephone, cellular phone, Internet, local area network, including wireless local networks, or any other similar device or equipment, or other medium of communication...shall be punished by imprisonment in a house of correction for not more than 2 years, or a fine of not more than $25,000, or both.

This section shall apply to any person who, from within this commonwealth, transmits a wager to, or receives a wager from another person or gaming establishment within or outside of this commonwealth, and any person who from outside this commonwealth, transmits a wager to, or receives a wager from, another person or gaming establishment within this commonwealth.


Um...that's not good.

[catlover]

Good catch pdj.

We gotta get on this. Let's not have this become another WA.

[catlover]

I have started another thread for this. Let's have the discussion there.