| Card Games
at Business Establishments (8/18/05)
Minnesota law makes any "bet" illegal.
A "bet" is defined as "a bargain whereby the parties mutually agree
to 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 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 and Texas Hold'em, so
long as the tournament or contest does not provide any direct
financial benefit to the promoter or organizer.
Players in Texas Hold'em tournaments
cannot be charged any fee or be required to give any consideration
(something of value) as a condition of participation. In other
words, players must be able to participate in a Texas Hold'em
tournament for free. Prizes can be awarded in Texas Hold'em
tournaments. However, as in the case with tournaments involving
other social skill games, the value of all prizes awarded in a
single tournament cannot exceed $200. With respect to Texas Hold'em,
the law further specifies that the value of all prizes awarded to an
individual winner of a tournament at a single location may not
exceed $200 per day. To participate in Texas Hold'em tournament or
contest, a player must be at least 18 years old.
Minnesota law requires the organizer
or promoter of any Texas Hold'em tournament to ensure that
reasonable accommodations are made for players with diabilities. In
addition to making other accommodations to tournament tables and
cards, a tournament organizer or promoter has to make sure that
Braille cards are available for blind players and that the cards
visible to the entire table are announced. |
