Wrote this a while back, seems appropriate to post it now for the forum's perusal in view of the DCC chatter. Enjoy...
No Gambling!
Walk into any pool hall and you’ll probably see a sign with those words on it. They’re so common that they’re sold in the billiard supply catalogs on a regular basis and have become de rigueur equipment for the billiard room proprietor along with rack cues and ball-washing machines.
But why are they there? Gambling is as much a part of pool as chalk dust and bad movies. Walk into any pool hall in the country – heck, walk into any place with a pool table – any it’s likely that something is being bet on the outcome of the games. Whether it’s a beer or a buck it happens every day, all the time. A conservative estimate would say that on any given day there is about $1 million being wagered on pool games in the United States. Right now as you read this, there are probably 1000 or more pool players traveling the country who make their living playing the game for money. Even the very name ‘pool’ comes from the gambling aspect of the game. It’s a simple fact, pool and gambling are synonymous.
Yet in just about every pool hall I’ve ever entered there is a sign posted that says, in one form or another, No Gambling. Some pool rooms even go so far as to mention the actual illegality of gambling and the odd one will even list the statute (in my state, Georgia, this happens to be part 16-12-21 of the state Criminal Code). The reason the sign hangs, of course, is that the owner basically doesn’t want any trouble with the law and just about everyone involved with pool is convinced that, in pretty much every state in the US, gambling is illegal. Countless times I’ve heard statements like, “I think that guy’s the law, let’s pay off at the end of the set outside,” or “guys, don’t keep the money on the lights, in case a cop walks in.”
I’ve heard it so many times that it made me wonder: Is gambling on pool really illegal?
Gambling and the Law
Well I’m sorry to say the short answer is yes. Gambling is most certainly illegal in most US states. Here is the wording of the aforementioned part 16-12-21 of the Georgia Criminal Code:
a) A person commits the offense of gambling when he:
(1) Makes a bet upon the partial or final result of any game or contest or upon the performance of any participant in such game or contest;
(2) Makes a bet upon the result of any political nomination, appointment, or election or upon the degree of success of any nominee, appointee, or candidate; or
(3) Plays and bets for money or other thing of value at any game played with cards, dice, or balls.
b) A person who commits the offense of gambling shall be guilty of a misdemeanor.
Most states, especially states in the so-called Bible Belt, have similar laws with similar wording albeit with minor differences here and there. So therefore if you bet ‘anything of value’, of which money certainly qualifies, on a pool game you are guilty of a misdemeanor. A broad interpretation would include, playing for table time, playing for a cup of coffee or a beer, playing with your spouse for who does the dishes, or playing with a pretty girl for a kiss (a good lawyer would certainly question the value of playing with an ugly girl for a kiss).
Yikes! Being a regular player and a guy who likes to bet a buck or two on the games I play that therefore means that after some simple math I’ve probably committed this offense about 1500 times – and I’ve only lived in Georgia for five years! Forget three strikes, I’m looking at 1500! That’s a hall of fame number. With that kind of record I’m a die-hard criminal, and so too, probably, are you. Our mothers are ashamed.
It Gets Worse – Calcuttas
We all know how calcuttas work. Buy a player at a tournament in an auction and, if he wins or finishes high up in the money you win a certain percentage of the money generated by the auction. They happen at just about every tournament in the country and they’re great for action and for excitement.
Generally speaking, the calcutta is organized and run by the tournament director, who takes a small percentage of the money generated for him or her self (if you didn’t know this, shame on you), and generally 5-10% is about the standard.
Well here’s some bad news: not only is this illegal – it’s highly illegal. Here’s the wording of the statute from Kentucky (KRS 528.040):
(1) A person is guilty of conspiracy to promote gambling when he conspires to advance or profit from gambling activity.
(2) "Conspire" means to engage in activity constituting a criminal conspiracy as defined in KRS 506.040.
(3) Conspiracy to promote gambling is a Class D felony.
Again this is fairly standard across the US. So while the participants in a calcutta, that is the bidders, might walk away with a misdemeanor, the organizer is looking at a Class D felony. That’s 5 years imprisonment and/or a $20,000 fine!
Okay so I’m a hall of fame misdemeanor guy, but I’m no felon. That’s good news anyways, but some of you reading this have maybe done this in the past. Read on.
Hustler’s Beware
As long as there has been pool there have been pool hustlers. This is nothing new. Heck, even Louis XVI probably laid down a lemon a time or two back when he was pushing clay balls around on the back lawn. But the next time you hustle someone you better hope he doesn’t consult a lawyer. Read another excerpt from good old Georgia (13-8-3):
(a) Gambling contracts are void; and all evidences of debt, except negotiable instruments in the hands of holders in due course or encumbrances or liens on property, executed upon a gambling consideration, are void in the hands of any person.
(b) Money paid or property delivered upon a gambling consideration may be recovered from the winner by the loser by institution of an action for the same within six months after the loss and, after the expiration of that time, by institution of an action by any person, at any time within four years, for the joint use of himself and the educational fund of the county.
Now we all know that gambling debts aren’t enforceable in court, i.e. you can’t sue to collect if you’re stiffed (Nevada being a noteworthy exception), but did you know that anyone you beat can sue you within six months of a loss and recover the money you beat them for. To make matters worse anyone can sue you for money won in a gambling contest within four years so long as they’re willing to split that money with the educational fund of the county.
Well that’s good news; I think I’ll sue the winner of a certain $100,000 match that took place here in Atlanta a few years ago. I’ll have to give $50,000 (less costs) to the educational fund of Dekalb County but what the hell, that will still leave me with $50,000. 4K TV, here I come!
Okay, before you run out to file papers on your local Fast Eddie, there are a few important details. Ignoring the ethical considerations (i.e. he would have paid you if he had lost), there’s a fairly heavy burden of proof on the part of the plaintiff to prove a) that the event actually took place, b) that the money actually changed hands and c) that the event, if it took place, was actually a gambling contest. Thus if you paid off in cash you’re pretty much screwed (unless you got a receipt). Now if you gave over the deed to your house or your life insurance policy you might stand a chance but again, I suggest you consult with an attorney (and a shrink if you were stupid enough to bet your house because, let’s face it, you need help). Also, if you were to happen to win, there’s still the issue of collecting. But none of that changes the law – in theory you can be sued by a loser for money you won gambling.
Okay so we’re all raging criminals who could lose all of our lifetime pool profits in one fell swoop from a judge’s gavel. Things are not looking good. But wait, there’s hope.
The Nature of Skill
So all of these states have these laws against gambling and they discovered, much their chagrin, that the laws are a little too broad. It seems that, if you go by the strict interpretation of the various statutes you are actually breaking the law if you go to a carnival and win a stuffed animal by knocking down milk bottles with a baseball. Have you ever plugged a quarter into one of those ‘crane games’ where you maneuver a miniature jaws-of-life into a sea of prizes and try and grab one for your girlfriend? You criminal! After all, you’re betting money on a game or contest to win something of value, aren’t you?
And therein lays the catch. It seems that the laws as written criminalize too much behavior. Excepting the fact that more money is bet on golf courses than will ever be bet in pool halls, the law as written would make a criminal of every kid who ever played a game at the local Chuck E. Cheese (no wonder that mouse is smiling all the time – he’s a major bookie!)
It’s for this reason that most states have exceptions to their strict gambling laws, referred to by witty lawyers as the ‘Chuck E. Cheese’ laws. Essentially these amendments indemnify games that require skill. Here’s the wording from GCC 16-12-35 (again, most states have something similar):
(a.1) As used in this Code section, the term "some skill" means any presence of the following factors, alone or in combination with one another:
(1) A learned power of doing a thing competently;
(2) A particular craft, art, ability, strategy, or tactic;
(3) A developed or acquired aptitude or ability;
(4) A coordinated set of actions, including, but not limited to, eye-hand coordination;
(5) Dexterity, fluency, or coordination in the execution of learned physical or mental tasks or both;
(6) Technical proficiency or expertise;
(7) Development or implementation of strategy or tactics in order to achieve a goal; or
(8) Knowledge of the means or methods of accomplishing a task.
continued in next post...
No Gambling!
Walk into any pool hall and you’ll probably see a sign with those words on it. They’re so common that they’re sold in the billiard supply catalogs on a regular basis and have become de rigueur equipment for the billiard room proprietor along with rack cues and ball-washing machines.
But why are they there? Gambling is as much a part of pool as chalk dust and bad movies. Walk into any pool hall in the country – heck, walk into any place with a pool table – any it’s likely that something is being bet on the outcome of the games. Whether it’s a beer or a buck it happens every day, all the time. A conservative estimate would say that on any given day there is about $1 million being wagered on pool games in the United States. Right now as you read this, there are probably 1000 or more pool players traveling the country who make their living playing the game for money. Even the very name ‘pool’ comes from the gambling aspect of the game. It’s a simple fact, pool and gambling are synonymous.
Yet in just about every pool hall I’ve ever entered there is a sign posted that says, in one form or another, No Gambling. Some pool rooms even go so far as to mention the actual illegality of gambling and the odd one will even list the statute (in my state, Georgia, this happens to be part 16-12-21 of the state Criminal Code). The reason the sign hangs, of course, is that the owner basically doesn’t want any trouble with the law and just about everyone involved with pool is convinced that, in pretty much every state in the US, gambling is illegal. Countless times I’ve heard statements like, “I think that guy’s the law, let’s pay off at the end of the set outside,” or “guys, don’t keep the money on the lights, in case a cop walks in.”
I’ve heard it so many times that it made me wonder: Is gambling on pool really illegal?
Gambling and the Law
Well I’m sorry to say the short answer is yes. Gambling is most certainly illegal in most US states. Here is the wording of the aforementioned part 16-12-21 of the Georgia Criminal Code:
a) A person commits the offense of gambling when he:
(1) Makes a bet upon the partial or final result of any game or contest or upon the performance of any participant in such game or contest;
(2) Makes a bet upon the result of any political nomination, appointment, or election or upon the degree of success of any nominee, appointee, or candidate; or
(3) Plays and bets for money or other thing of value at any game played with cards, dice, or balls.
b) A person who commits the offense of gambling shall be guilty of a misdemeanor.
Most states, especially states in the so-called Bible Belt, have similar laws with similar wording albeit with minor differences here and there. So therefore if you bet ‘anything of value’, of which money certainly qualifies, on a pool game you are guilty of a misdemeanor. A broad interpretation would include, playing for table time, playing for a cup of coffee or a beer, playing with your spouse for who does the dishes, or playing with a pretty girl for a kiss (a good lawyer would certainly question the value of playing with an ugly girl for a kiss).
Yikes! Being a regular player and a guy who likes to bet a buck or two on the games I play that therefore means that after some simple math I’ve probably committed this offense about 1500 times – and I’ve only lived in Georgia for five years! Forget three strikes, I’m looking at 1500! That’s a hall of fame number. With that kind of record I’m a die-hard criminal, and so too, probably, are you. Our mothers are ashamed.
It Gets Worse – Calcuttas
We all know how calcuttas work. Buy a player at a tournament in an auction and, if he wins or finishes high up in the money you win a certain percentage of the money generated by the auction. They happen at just about every tournament in the country and they’re great for action and for excitement.
Generally speaking, the calcutta is organized and run by the tournament director, who takes a small percentage of the money generated for him or her self (if you didn’t know this, shame on you), and generally 5-10% is about the standard.
Well here’s some bad news: not only is this illegal – it’s highly illegal. Here’s the wording of the statute from Kentucky (KRS 528.040):
(1) A person is guilty of conspiracy to promote gambling when he conspires to advance or profit from gambling activity.
(2) "Conspire" means to engage in activity constituting a criminal conspiracy as defined in KRS 506.040.
(3) Conspiracy to promote gambling is a Class D felony.
Again this is fairly standard across the US. So while the participants in a calcutta, that is the bidders, might walk away with a misdemeanor, the organizer is looking at a Class D felony. That’s 5 years imprisonment and/or a $20,000 fine!
Okay so I’m a hall of fame misdemeanor guy, but I’m no felon. That’s good news anyways, but some of you reading this have maybe done this in the past. Read on.
Hustler’s Beware
As long as there has been pool there have been pool hustlers. This is nothing new. Heck, even Louis XVI probably laid down a lemon a time or two back when he was pushing clay balls around on the back lawn. But the next time you hustle someone you better hope he doesn’t consult a lawyer. Read another excerpt from good old Georgia (13-8-3):
(a) Gambling contracts are void; and all evidences of debt, except negotiable instruments in the hands of holders in due course or encumbrances or liens on property, executed upon a gambling consideration, are void in the hands of any person.
(b) Money paid or property delivered upon a gambling consideration may be recovered from the winner by the loser by institution of an action for the same within six months after the loss and, after the expiration of that time, by institution of an action by any person, at any time within four years, for the joint use of himself and the educational fund of the county.
Now we all know that gambling debts aren’t enforceable in court, i.e. you can’t sue to collect if you’re stiffed (Nevada being a noteworthy exception), but did you know that anyone you beat can sue you within six months of a loss and recover the money you beat them for. To make matters worse anyone can sue you for money won in a gambling contest within four years so long as they’re willing to split that money with the educational fund of the county.
Well that’s good news; I think I’ll sue the winner of a certain $100,000 match that took place here in Atlanta a few years ago. I’ll have to give $50,000 (less costs) to the educational fund of Dekalb County but what the hell, that will still leave me with $50,000. 4K TV, here I come!
Okay, before you run out to file papers on your local Fast Eddie, there are a few important details. Ignoring the ethical considerations (i.e. he would have paid you if he had lost), there’s a fairly heavy burden of proof on the part of the plaintiff to prove a) that the event actually took place, b) that the money actually changed hands and c) that the event, if it took place, was actually a gambling contest. Thus if you paid off in cash you’re pretty much screwed (unless you got a receipt). Now if you gave over the deed to your house or your life insurance policy you might stand a chance but again, I suggest you consult with an attorney (and a shrink if you were stupid enough to bet your house because, let’s face it, you need help). Also, if you were to happen to win, there’s still the issue of collecting. But none of that changes the law – in theory you can be sued by a loser for money you won gambling.
Okay so we’re all raging criminals who could lose all of our lifetime pool profits in one fell swoop from a judge’s gavel. Things are not looking good. But wait, there’s hope.
The Nature of Skill
So all of these states have these laws against gambling and they discovered, much their chagrin, that the laws are a little too broad. It seems that, if you go by the strict interpretation of the various statutes you are actually breaking the law if you go to a carnival and win a stuffed animal by knocking down milk bottles with a baseball. Have you ever plugged a quarter into one of those ‘crane games’ where you maneuver a miniature jaws-of-life into a sea of prizes and try and grab one for your girlfriend? You criminal! After all, you’re betting money on a game or contest to win something of value, aren’t you?
And therein lays the catch. It seems that the laws as written criminalize too much behavior. Excepting the fact that more money is bet on golf courses than will ever be bet in pool halls, the law as written would make a criminal of every kid who ever played a game at the local Chuck E. Cheese (no wonder that mouse is smiling all the time – he’s a major bookie!)
It’s for this reason that most states have exceptions to their strict gambling laws, referred to by witty lawyers as the ‘Chuck E. Cheese’ laws. Essentially these amendments indemnify games that require skill. Here’s the wording from GCC 16-12-35 (again, most states have something similar):
(a.1) As used in this Code section, the term "some skill" means any presence of the following factors, alone or in combination with one another:
(1) A learned power of doing a thing competently;
(2) A particular craft, art, ability, strategy, or tactic;
(3) A developed or acquired aptitude or ability;
(4) A coordinated set of actions, including, but not limited to, eye-hand coordination;
(5) Dexterity, fluency, or coordination in the execution of learned physical or mental tasks or both;
(6) Technical proficiency or expertise;
(7) Development or implementation of strategy or tactics in order to achieve a goal; or
(8) Knowledge of the means or methods of accomplishing a task.
continued in next post...
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