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mordecaibrown 11-28-2007 12:27 AM

Legal Advice Alabama
 
I've got a friend who is trying to start a social poker club in alabama.
It's looking like a place that locals in birmingham can play rake free.
I've been thinking about his idea and it sounds pretty cool. I can't find any of the legal mumbo jumbo that can shoot his idea down.

You guys are a pretty smart group.
Point me in the right direction.

psandman 11-28-2007 04:31 AM

Re: Legal Advice Alabama
 
As an attorney i strongly advise you to seek your legal advice from an attorney in your area. On the other hand if you want the advice of anonymous people with no legalk training you could ask on a home poker forum.

Lottery Larry 11-28-2007 12:41 PM

Re: Legal Advice Alabama
 
[ QUOTE ]
you could ask on a home poker forum.

[/ QUOTE ]

No he can't

mordecaibrown 11-28-2007 12:53 PM

Re: Legal Advice Alabama
 
That's funny.
I've already contacted several people in the Attorney Generals office and have been given the legal run arounds as I expected.

Funny the only attorney who is willing to reply is giving the usual twoplustwo advice---which translates as followed....blah blah blah I'm a smartass blah blah total d-bag blah comment that doesn't help blah blah!

Well thanks for your time.
I really hope you haven't spent the last two yrs and 2300+ posts being a complete d-bag!
Actually I'm really starting to think that probably it's just one or two 16 yr old kids with ten thousand accounts registered here.

moorbr02 11-28-2007 01:01 PM

Re: Legal Advice Alabama
 
[ QUOTE ]
That's funny.
I've already contacted several people in the Attorney Generals office and have been given the legal run arounds as I expected.

Funny the only attorney who is willing to reply is giving the usual twoplustwo advice---which translates as followed....blah blah blah I'm a smartass blah blah total d-bag blah comment that doesn't help blah blah!

Well thanks for your time.
I really hope you haven't spent the last two yrs and 2300+ posts being a complete d-bag!
Actually I'm really starting to think that probably it's just one or two 16 yr old kids with ten thousand accounts registered here.

[/ QUOTE ]

i'm not a d-bag, but i play one on this site, and i agree, that was not a helpful response, that was a d-bag doing what he does best. but what can you expect from an attorney turned d-bag???

Skallagrim 11-28-2007 01:06 PM

Re: Legal Advice Alabama
 
At some point I hope the PPA will have a litigation team and/or a referral service so you will, if you are a member, have quick access to competent legal advice. If you are a PPA member e-mail them your support of this idea.

As to Alabama law, you can look up the general provisions here:
http://www.gambling-law-us.com/State-Laws/Alabama/

My quick read, which is all you get since you are not paying me [img]/images/graemlins/wink.gif[/img], is that your friend's idea has some potential, as a "social game in a private place" is a defense to a gambling charge. The details of your friend's idea, however, will make all the difference, if he is profiting from hosting the game other than as a player, he has issues. Likewise, if his place is "public" he has real issues .... Keep searching for a good local lawyer to work with, he will need one sooner or later. Good lawyers are hard to find, but they do exist - try and find one who actually plays poker.

And asking the government's advice in this situation is a waste of time - you have to develop your strategy to get around and/or comply with the law on your own, they will never help you do it.

Skallagrim

mordecaibrown 11-29-2007 04:07 AM

Re: Legal Advice Alabama
 
The details lay like this.
Guy A has about 40-60 players who regularly play in the area.
He is trying to establish something within the law that would allow players to come and play rake free.
Tipping dealers is optional. As far as I can see the only person making any money is a dealer who could possibly stand to make a buck or two.
He would make no money from the venture.
Just a place to play. Sounds fair enough.

I've been doing a little reading and it turns out that a few have beat the law by joining elks clubs and the sort.
I quess having a private membership has it benefits.

Yeah it sucks when you ask the govt a simple question such as "is this legal" and you get the run arounds.
It's pretty sick that if I asked something like---My friend is selling crack and I want in on the huge profit margin. Is this "business" venture legal? I'd get a simple answer.

Thanks Skall.
Finally a reply on this site that isn't or maybe is so twoplustwo.

Skallagrim 11-29-2007 07:21 PM

Re: Legal Advice Alabama
 
I would start with something along the following lines:

1) form a real social club - have a name, bylaws and a formal membership roll, possibly dues to cover expenses like rent and such.
2) get a place in the name of the social club, do not allow non-members to enter (except maybe as guests accompanying members)
3) NEVER charge anything for playing poker, but allow members to play their own games in the club. Dealers should also be members, tipping them voluntarily for dealing that night SHOULD be OK.
4) Do not advertise or promote by any means other than the spoken word.

The above would SEEM to meet the law, not being from AL I really cannot say for certain. Thats why you should still seek out a local lawyer. A lot of the details will have been established in cases in other contexts and the lawyer should be able to seek that out. For example, can the club charge for beer or must members bring their own. If the club sells beer is that profiting from the game? Some places it is, some places it isnt. Those are the kind of details you pay a lawyer to figure out.

Good luck

Skallagrim


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