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Old 10-20-2005, 08:22 PM
GreywolfNYC GreywolfNYC is offline
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Join Date: Oct 2004
Location: New York, NY
Posts: 290
Default Re: To ALL players and owners in New York City - PLEASE READ

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I discussed a different idea with a few players recently. You essentially develop a collective. No time is taken, no rake, no tourney fees. Every member is a part owner and contributes to a seperate foundation that handles rent on the location, supply costs, and all other overhead.

In this way no one is "profitting from gambling" as set out by the NYS penal code and the room would be totally legal. There would be harassment I'm sure, but there is no owner and no profit thereby no law broken.

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I hate to do this, but I have to rain on your parade because I already proposed this to a lawyer recently. Use this as an analogy; the organizer of a home game is free and clear of the law if he loses money in the game. Once he profits from the game, he has broken the law. Profiting includes winning a pot, it is not restricted to time charge or rake.

TT [img]/images/graemlins/club.gif[/img]

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Your lawyer friend is wrong. Section 225.00(5) of the Penal Law provides as follows:

"Profit from gambling activity." A person "profits from gambling activity" when, other than as a player , he accepts or receives money or other property pursuant to an agreement or understanding with any person whereby he participates or is to participate in the proceeds of gambling activity. (emphasis added)

I hope you didn't have to pay for his advice.
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