How are Poker Clubs legal and can I get in trouble for playing?

Question

Alright, I play at a poker club in Ohio that offers cash games and tournaments. You have to pay 25 dollars for a membership fee and 25 dollars every time you want to sit down and play at the tables. Now during the game there is no rake or session fees, dealers are not paid, and the only way they make money is if you give them a "dollar tip chip." This club is membership only where you fill out a membership form and you are free to play darts, pool, poker, ping pong or lounge and watch the big screen tv. It has been running almost 2 years now. I signed up 3 days ago and I am generally curious to how these clubs are legal and if anything did happen would I get into trouble for either playing while some kind of raid happened or simply being a member of the club. The club is overall in a good area, in the middle of a shopping mall, with 2 security guards with pistols, so safety is generally good but I am worried about cops busting down on the scene. Thanks for your replies.

Answer 1

I don't know the answer to this one.  The law varies from state to state.

I think the sad thing is that there is even any question about it.  In a free country we should not be scared that the government is going to send armed police to raid a place like this and steal money from participants.

Gambling laws in America are hugely inconsistent and need to be updated.  As far as I am concerned if the state has a lottery, then all reasonable forms of gambling should be legal.  How can anyone claim that it is okay to sell lottery tickets all over the state, but a game of cards is somehow bad and wrong?

I think if states had to make a choice, we'd be surprised how many would choose to keep the lottery and permit other forms of gambling.  They wouldn't want to lose the revenue.

Answer 2

The Ohio Revised Code says that no one can make money as a result of a poker game (except what they might win playing in that game).

Here is the text (ORC 2915.02)

§ 2915.02 Gambling.

(C) This section does not prohibit conduct in connection with gambling expressly permitted by law.

(D) This section does not apply to any of the following:

(1) Games of chance, if all of the following apply:

(a) The games of chance are not craps for money or roulette for money.

(b) The games of chance are conducted by a charitable organization that is, and has received from the internal revenue service a determination letter that is currently in effect, stating that the organization is, exempt from federal income taxation under subsection 501(a) and described in subsection 501(c)(3) of the Internal Revenue Code.?.

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No person shall receive any commission, wage, salary, reward, tip, donation, gratuity, or other form of compensation, directly or indirectly, for operating or assisting in the operation of any game of chance.

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(Emphasis added)

If the club was raided while you were there, typically, assuming you weren't doing anything stupid (drugs, hookers, etc) you would not be arrested or cited.   You would, however, lose whatever money you had on the table, and any chips you were carrying in  your pocket.  It's happened to me twice in private (raked) games.  

Both times I was required to provide ID, but was released immediately.  I got stuck about $600 both times for chips I had on the table.

In the first instance, one of the other players was smoking weed when the police came in, and one was (illegally) carrying a firearm.  They were both arrested and charged accordingly.  The host of the game was not arrested, but was cited and had to go to court and pay a rather hefty fine.

Hth.