Legality of large home tournaments?

[UMTerp]

I searched around the site, and couldn't find an answer. Not sure if this is the right forum or not since this has more or less turned into a "poker supplies" forum, but had a quick question concerning the legalities of a home tournament.

It's a monthly tournaments, $100 buy-in, and it's grown to the point where there are 100+ players each time. House only takes money to cover costs, and there's a spredasheet showing that every cent that's taken as an entry fee goes back to food, drinks, etc. It used to be smaller (30-50 players) and it would be at one of the players' houses, but the last few months, it's grown to the point where a hall has been rented to have the tournament (the cost of which is also taken as part of the entry fee).

It's "recommended" that the winner donate to charity, but that's obviously not enforced or adhered to.

We're in Maryland.

How illegal is this game? Can anyone provide a link to how it could be run to be made legal (form a corporation and donate a % directly to charity?) Any advice would be greatly appreciated. Thanks.

Also, is there another forum I could cross-post this question to where is would receive a better response?

[Slow Play Ray]

Everything you've ever wanted to know, and then some:

http://www.gambling-law-us.com/State-Law-Summary

[smoore]

Here in Colorado it would be illegal simply because the house is taking money to cover costs. Stupid? Yes.

One group has gotten around it by forming a "club". You pay a yearly membership fee, then an activity fee for any tournament you actually play in. The club money is kept separate from the buy-in, so really it's just a "club of guys who like to sit at round tables" where poker games frequently break out. AFAIK this is legal here because the house doesn't take a rake or vig from the buyin.

[mrmookid]

I live in New Jersey and we have about 16 regular players now. I wouldn't worry but now we have a WWW site and I just don't want someone finding the site and then I get a 30,000 fine. My sister is a lawyer and I've asked her to read over the rules from New Jersey.

The club idea is pretty good. So if I call our league a 'club' and charge an annual fee of 1$ to join, then charge an activity fee (READ: to cover costs of new decks and other things) I should be ok?

If anyone wants to hear what my sister says let me know - I should hear back from her in a day or so.

[slamdunkpro]

You are WAY on the wrong side of the Maryland State Code. You did not say what County you are in but I'm assuming Montgomery.

1. It's illegal to rent a facility for gambling purposes
2. There is no social gambling or "club protection" in Maryland
3. Whom ever is running this tournament could be charged with operating a gambling facility (aggravated gambling) a felony.

Your big issues are:
State of MD code
§ 12-102. Betting, wagering, gambling, etc.
(a) Prohibited.- A person may not:
(1) bet, wager, or gamble;
(2) make or sell a book or pool on the result of a race, contest, or contingency;
(3) establish, keep, rent, use, or occupy, or knowingly allow to be established, kept, rented, used, or occupied, all or a part of a building, vessel, or place, on land or water, within the State, for the purpose of:
(i) betting, wagering, or gambling; or
(ii) making, selling, or buying books or pools on the result of a race, contest, or contingency; or
(4) receive, become the depository of, record, register, or forward, or propose, agree, or pretend to forward, money or any other thing or consideration of value, to be bet, wagered, or gambled on the result of a race, contest, or contingency.

12-104. Gaming device, or building, vessel, or place for gambling.
(a) Prohibited.- A person may not:
(1) keep a gaming device, or all or a part of a building, vessel, or place, on land or water within the State for the purpose of gambling;
(2) own, rent, or occupy all or a part of a building, vessel, or place and knowingly allow a gaming device to be kept in the building, vessel, or place;
(3) lease or rent all or a part of a building, vessel, or place to be used for the purpose of gambling;
(4) deal at a gaming device or in a building, vessel, or place for gambling;
(5) manage a gaming device or a building, vessel, or place for gambling; or
(6) have an interest in a gaming device or the profits of a gaming device.

[UMTerp]

[ QUOTE ]
slamdunkpro's post

[/ QUOTE ]

It is Montgomery County.

I don't run the game (seriously), but I'm trying to help the guy out that does. We realized that we were more than likely on the wrong side of the law here, and cancelled the game until we can figure out a way to make it "legal". It's not like we're trying to break the law, just have a little fun with some friends, you know?

We realized that the risk wasn't worth it anymore, since the game has gotten so big, and so many people know about it. Is there anything we can do short of cutting the number of entrants by two thirds and move it back to rotating houses?

Is the "poker club" idea feasible in Maryland? I know of a few local clubs in the area, and have always wondered if they were OK according to the law. If so, what's involved in setting up an "official" club? It doesn't look too legal according to your post.

[MeridianFC]

Your game is illegal. Most poker games are. The only thing you really have to worry about though is the size. A game of that magnitude is going to draw attention. I play a small stakes tourney once a month in College Park (PG County) that draws about 30 folks and is very, very low key. That's about as big a game as I can imagine not drawing attention. Most time a game gets ratted out by a disgruntled player, players spouse, or pissed off neighbors. Keep that in mind.

The only thing that can be done is to lobby Ehrlich et al to change the law to make it more like in VA (Under $2K/night, no rake, no house dealers, etc.) and even that is still gray area. MD used to have a booming firehouse poker trade but that's long gone. Given the result of the recent attempted resolutions regarding slots I wouldn't hold great hope for a positive legislative reversal but you do have to fight for what you believe in.

I'm looking into getting the laws changed in the District, where all (non lottery) Gambling is illegal.

[obeythekitten]

there is no way in hell i would ever run a 100 person tournament without making absolutely sure i had the consent of AT LEAST the local authorites first...i have a feeling that you will eventually get busted as there is NOTHING low key about a tournament that large

[UMTerp]

Well, that's why the game's on hiatus for the moment and I'm making this inquiry... it probably wasn't real bright to begin with.

[obeythekitten]

i have played in a 50 person home tourney before and they contacted the local police well ahead of time and they said that so long as the house wasnt making a profit, they would leave them alone (howver they did recognize they it was still most likely illegal regardless)

[smoore]

Sounds like you should run it across the border in VA

[ntg816]

Those big tournaments won't fly, but I'm sure you can get away with having small home ones. All you Maryland/D.C. guys, I just moved to the area, and would love to play in a game if you have one organized.