tweeddeluxe
Member
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 1 week ago #
Skallagrim
Moderator
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 1 week ago #
snakeyjakey
Member
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