Check My Work: Texas Hold'em Is Quasi-Legal in Pennsylvania

[MayorHerb]

THIS IS NOT LEGAL ADVICE, BUT A TOPIC FOR DISCUSSION

Read this article:
http://www.thepittsburghchannel.com/...17/detail.html

Note the article says the same thing TWO DIFFERENT WAYS - namely that tournaments are illegal, then that "Police said <u>using these services for the operation</u> of games is illegal." - The "use of services" becomes significant.

Something many of you in PA probably already know...

Texas Holdem FAQ (for Liquor Licensed Establishments)
http://www.lcb.state.pa.us/plcb/cwp/...4&amp;q=558358

Notably:
6. Q. Is it permissible to host a Texas Hold’em event on an unlicensed (portion of the premises)?

A. If the activity in question is deemed unlawful gambling, no; otherwise, yes, it would be permissible to hold such an event on an unlicensed portion of the premises. [40 Pa. Code. § 5.32(e)]. However, events held on an unlicensed portion of a premises that have an interior connection to a licensed business are prohibited unless the Board gives prior approval. Section 3.52 of the Board’s Regulations prohibits an inside passage or communication to or with any other business conducted by the licensee or other persons except as approved by the Board. [40 Pa. Code § 3.52].

From Wikipedia (Which I have added to myself):
http://en.wikipedia.org/wiki/Pennsylvania_sports#Poker

Poker

Section 5513 of the Pennsylvania Code makes it a misdemeanor of the first degree for a person to invite or allows other people to gather in a place of his or her control for the purpose of unlawful gambling. However, nothing in the Pennsylvania Code describes what unlawful gambling is, as opposed to lawful gambling.

In the 1949 case of Commonwealth of Pennsylvania V. Silverman, the Pennsylvania Supreme Court ruled that the "Sporadic or casual act of playing cards or betting is not an indictable offense in Pennsylvania."

In 2004, Lackawanna County District Attorney Andy Jarbola was quoted as saying, "<u>it's legal to gather with friends to play poker</u> but it's not legal when the 'house' or an outside party profits from the game."[3]

In 2005, York County District Attorney Stan Rebert was asked about illegal poker games in the York area by the York Daily Record. He replied that he had not heard of any and that it's not something that he would worry about. "Casual gambling ... that is <u>not illegal</u>," he said, "It's kind of a fine line." [4]


My conclusions:
- Texas Holdem is LEGAL as long as it is not deemed to be "Unlawful Gambling".
- It IS deemed "Unlawful Gambling" if a rake is taken or profit is made from a tournament purse.
- The state courts have said "playing poker for money" in a bar is unlawful gambling. (Circus Bar I believe?) This is why licensed alcohol establishments have a hard time with the issue.

Otherwise, whether playing Texas Holdem with no rake or a tournament with noone profiting beyond their playing ability is "Unlawful Gambling" (including no "food/drink" fund - this would need to be an optional side component) lies with the local authorities (police/state police), District Attorney, and Attorney General.

In Lackawanna and York County, therefore, "unlicensed establishments" are acceptable hosts for no-rake games.

Any legal minds want to weigh in?