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5thStreetPokerParties.com Founding Father
Joined: 28 Mar 2005 Posts: 145 Location: MINNESOTA
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Posted: Tue Apr 05, 2005 10:22 am Post subject: MINNESOTA |
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From the Minnesota Department of Public Safety - Alcohol and Gambling Enforcement:
It's sometimes difficult to distinguish the difference between a "private, social bet" and illegal gambling. The best way to make the distinction is to look at the intention of the law.
Minnesota law* makes any "bet" illegal. A "bet" is defined as "a bargain whereby the parties mutually agree to a gain or loss by one to the other of specified money, property or benefit dependent upon chance, although the chance is accompanied by some element of skill." According to this definition, any card game where the participants pay to play, and have a chance to win money, would constitute a "bet" and, therefore, be illegal gambling.
However, the criminal gambling statute creates an exception for "a private, social bet." The important thing to remember about a private social bet is that it cannot be part of "organized, commercialized, or systematic gambling." The owner of the location of the social bet cannot derive any profit from the bet, organize regular occasions for such bets, or advertise their occurrence. Potentially, any gambling that occurs in a business establishment could constitute illegal gambling because the owner of the establishment derives the indirect benefit of increased patronage.
It appears that the law was intended to exclude from prosecution such events as penny-ante card games among friends in one's home, small spontaneous wagers between friends, and other spur-of-the-moment private transactions. Once those wagers occur on a regular basis at a business establishment, it is difficult to characterize them as "social bets," and the location of the event runs a substantial risk of violating the law.
Additionally, Minnesota law allows for social skill card games of cribbage, skat, sheephead, bridge, euchre, pinochle, gin, 500 and smear or whist, as long as the sponsoring organization receives no direct financial benefit and the prizes do not exceed $200.00.
There is currently a bill in the Minnesota senate (Bill Name: SF0317) to add Texas Hold 'em to this list of social skill games. The bill would allow bars and bowling alleys to sponsor Texas Hold'em tournaments as long as there is no entrance fee, the house doesn't get any money directly from the tournament and prizes are limited to no more than $200 total. Phil Gordon, professional poker player and host of Celebrity Poker Showdown, visited the State Capitol in late March 2005 to support the bill. St. Cloud Times Article. _________________ "Play Like The Pros Play"
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Joined: 13 Feb 2005 Posts: 2385 Location: Woodbury, MN
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5thStreetPokerParties.com Founding Father
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