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Poker Players Alliance Forums » Ask Skallagrim

1. tweeddeluxe
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   I want to run a tournament here in Virginia but it would not be at my home. It would be at the family business since there is more room for parking and such. There is no house take, all money is paid out. Is there any legal problem there for the game not being at a private residence? Thank you.

   Posted 2 years ago #

2. Skallagrim
   State Director & Moderator
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   There could be legal problem here, tweeddeluxe, as the Virginia statute that provides complete protection is limited to "private residences." Here is the statute:

   "§ 18.2-334. Exception to article; private residences.
   Nothing in this article shall be construed to make it illegal to participate in a game of chance conducted in a private residence, provided such private residence is not commonly used for such games of chance and there is no operator as defined in subsection 4 of § 18.2-325."

   An operator is a person running a gambling business for profit, since you have no take, there is no operator. But a residence is generally just that, a place where people reside. The devil is in the details here, so a meeting with an attorney to discuss the details is needed before relying on this exception.

   There is an separate, open question, however, regarding Poker Tournaments: is a poker tournament a contest of skill? We at the PPA believe so, and believe we can prove it in a court of law. If the tournament is a contest of skill, then it is authorized by this section:

   "§ 18.2-333. Exceptions to article; certain sporting events.
   Nothing in this article shall be construed to prevent any contest of speed or skill between men, animals, fowl or vehicles, where participants may receive prizes or different percentages of a purse, stake or premium dependent upon whether they win or lose or dependent upon their position or score at the end of such contest."

   As I recall, there has been some extensive news coverage regarding differing opinions among Virginia DAs as to whether a poker tournament is a contest of skill. You can probably find local articles about this easier then I can, there may even be a few in the PPA archives. The Virginia Supreme Court has not answered this question, so while my opinion and the opinion of others is that a poker tournament is a contest of skill, it cant be guaranteed that your local police/DA wont disagree and charge you, nor can it be guaranteed that a fight over the issue will be won in court (though I believe it SHOULD win).

   At this point you really should consult with a local attorney to discuss your risks and options. If you need help finding a local attorney, the PPA can suggest a few familiar with poker. You will also need a local attorney to check and make sure there are no county level laws prohibiting your tournament. Unfortunately, I do not have access to the laws of all the Virginia counties, but I know there are a few with stricter prohibitions then the state law.

   Good luck, and feel free to ask me anything else. If you do decide to hire an attorney, and that attorney needs any help with the "Skill" argument, the PPA is here to provide that help.

   Skallagrim

   Posted 2 years ago #

3. OldBookGuy
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   There are 2 card rooms running in Portsmouth, Va for sure and I was told during a recent visit there are now a few in Va. Beach as well.

   These however, are run on off nights at Bingo Halls for charity, at least they get a split.

   The Va. Attorney General (current) when asked for an opinion stated it is a question of fact, not law. Va. has 2 statues, one for skill and one for chance.

   In Portsmouth the former prosecuting attorney said skill determines poker and the now current agrees. The CITY Attorney wanted the games shut down as illegal, he has no prosecuting power, he advises the city on city business for the council.
   According to the article he is a GOP right winger, so go figure, lol.

   In Va. Beach I do not know.

   In a few other cities the PA said chance.

   As Skall said, no one has taken the matter to court.

   A few archived articles in the local area paper:
   http://hamptonroads.com/node/250171
   http://hamptonroads.com/node/249201
   http://hamptonroads.com/node/283361

   Posted 2 years ago #

4. Jeff Gregson
   State Director
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   tweeddeluxe - If you want to pursue your idea of a tournament let me know and we can talk about how to proceed. You can e-mail me through this site.

   Jeff Gregson
   State Director - Virginia

   Posted 2 years ago #

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