Poker Players Alliance Forums » Ask Skallagrim

so what is the law in ohio?

(3 posts)
  • Started 4 months ago by powerslide79
  • Latest reply from random

  1. powerslide79
    Member

    okay here is the deal ever since i started playing about 6 yrs ago it has been my dream of running my own card room. i know its not likely however i thought that i would check only i have no clue how.
    Does anyone here know ohio law? i would really like to speak to someone about it

    Posted 4 months ago #
  2. Skallagrim
    Moderator

    You want the law in Ohio, OK but you are not going to like it....

    Lets start with some definitions (§ 2915.01):

    (D) "Game of chance" means poker, craps, roulette, or other game in which a player gives anything of value in the hope of gain, the outcome of which is determined largely by chance, but does not include bingo.

    (E) "Game of chance conducted for profit" means any game of chance designed to produce income for the person who conducts or operates the game of chance...."

    So first off, no skill argument in Ohio, the legislature has declared poker a game of chance.

    As to actual crimes, the only bright spot in Ohio is that games conducted NOT FOR PROFIT in private where no one makes ANY MONEY AT ALL off the game (other than as a winning player of course) are not prohibited. Pretty much everything else is, except certain games conducted under the very strict charity gaming rules.

    You poker pros, however, might also want to consider:

    § 2915.02 Gambling.

    (A) No person shall do any of the following:

    (4) Engage in betting or in playing any scheme or game of chance as a substantial source of income or livelihood;

    Now, you can live in Ohio and and make money in Vegas and not be prosecutable under this law (otherwise this would be an unconstitutional "status" offense), but if make your living going from private game to private game in Ohio (maybe even playing online in Ohio), you are a criminal.

    And as to your specific question, even if it is in a private residence, it is a crime to allow a game of chance "FOR PROFIT' to be conducted there; its even a crime to play in it! So you could theoretically have your card room, it would just have to figure out to run without making any profit from running the game. And since another provision (§ 2915.04) provides that

    (A) No person, while at a hotel, restaurant, tavern, store, arena, hall, or other place of public accommodation, business, amusement, or resort shall make a bet or play any game of chance or scheme of chance.

    (B) No person, being the owner or lessee, or having custody, control, or supervision, of a hotel, restaurant, tavern, store, arena, hall, or other place of public accommodation, business, amusement, or resort shall recklessly permit those premises to be used or occupied in violation of division (A) of this section.

    your card room would also have to figure out how to be private and how to make money without selling alcohol, hotel rooms, or food ....

    Depending on other Ohio laws, it may be theoretically possible to have a truly private club of some sort that allows poker playing for money with no rake. But PLEASE do not take that statement as a conclusion! If you are really serious about going down this path then you must consult with an attorney in Ohio. My guess is that other licensing and regulatory laws prevent such private clubs, or you would already know of a few of them.

    Sorry.

    Skallagrim

    You can read all of Ohio's gambling laws here: http://www.gambling-law-us.com/State-Laws/Ohio/

    And I am probably going to move this to the "Ask Skallagrim" after a few days because that is where these kind of questions belong.

    Posted 4 months ago #
  3. random
    Member

    Where are you at, powerslide? I am also in Ohio and have had similar ideas. If we're close, we should discuss.

    Posted 4 months ago #

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