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exempt from the provisions of
Section 201, and thus is not unlawful. This has been consistently interpreted to mean that a poker game taking place in a dwelling house is legal in Canada, so long as the host is not taking "rake" or otherwise directly profiting from hosting the game. Whether a poker game played on a similar "not for profit" basis somewhere other than a dwelling house (for example, in the warehouse of a small business) also enjoys the exemption of Section 204(1)(b) is disputed.
25:
184:, commercial high-stakes poker is restricted to licensed casinos. However, the Act and associated Regulations do allow for private games in homes and similarly private venues, such as workplaces, without the need for special licences. Poker may also be played in pubs to a certain extent, although the regulations governing such games are complex.
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to be "found, without lawful excuse, in a common gaming house or common betting house" with a maximum penalty of six months' imprisonment and/or a $ 5,000 fine. On the other hand, Section 204(1)(b) provides that "a private bet between individuals not engaged in any way in the business of betting" is
100:
In many jurisdictions, an unlicensed poker game may still be legal if the game is played in a residence, the host does not profit, and/or the buy-in fees do not exceed a certain threshold. Even if the game itself is illegal, in some jurisdictions it is not illegal to just play such a game. In such
156:. Notably, Section 201(2) makes no distinction with regards to whether individuals present in an illegal poker room are actually playing poker, while on the other hand there has never been (as of 2013) a prosecution in Canada simply for participating in Internet gaming not licensed in Canada.
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On May 26, 2005, New York City police raided and shut down numerous rooms, including PlayStation and NYPC. Clubs that were not targeted then voluntarily closed their doors for some time in spring 2005, but were mostly reopened by that summer.
167:. For the less serious charge of being in a common gaming house, discharges (including absolute discharges) are not uncommon, especially if the accused has no prior criminal record. But this is not always the case, for example in 2012 several
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cases, only the organizers of such games are civilly and/or criminally responsible. The zeal from local law enforcement agencies also varies by location. Often, players and hosts of underground poker games worry more with being targeted for
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men were fined for the less serious charge of being in a common gaming house, meaning they did get criminal records. Among those fined in that case was at least one man whom the presiding judge acknowledged had not even been playing.
120:, often host, provide protection for, or are otherwise involved in high-stakes underground poker games. Underground poker venues can also generate revenue by selling food and beverages or by offering side games such as
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Clubs generally continued throughout New York City during 2006 and into 2007, but seemed to the clientele to keep their size smaller to avoid the attention that the larger clubs such as NYPC and PlayStation brought.
140:, any game of poker that is not specifically licensed by the relevant provincial or territorial gaming regulator is covered by either Section 201 or Section 204 of the Code. Section 201(1) makes it an
159:
The actual penalties imposed for hosting or participating in illegal poker vary widely, and appear to depend greatly on the sensibilities of the presiding judge(s). For example, in 2011 a
301:
However, robberies still remained common throughout 2007. This issue reached a crescendo when the City Limit, at 251 Fifth Avenue in
Manhattan, was robbed on November 2, 2007.
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on West 25th Street in the
Flatiron District of Manhattan, and, after a series of busts and re-opens, the Brooklyn Players' Club in Park Slope area of Brooklyn.
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man (on appeal) won a conditional discharge despite having pleaded guilty to the more serious charge of keeping a common gaming house, meaning he did not get a
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state law, it is unlawful to profit from promoting a poker game without the appropriate gaming licences. Simply playing in such a game is not unlawful.
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for to "(keep) a common gaming house or common betting house" with a maximum penalty of two years' imprisonment, while
Section 201(2) makes it a
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191:. In a number of cases, club premises certificates have been withdrawn following allegations of illegal poker.
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at 328 E. 61st Street). Raids continued regularly throughout 2005, closing clubs such as
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Underground poker nevertheless flourished in New York City after the
Giuliani busts. In
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The laws governing gaming in Canada were written prior to the invention of
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Nevertheless, illegal games are believed to be widespread, especially in
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In the United States, the legality of poker varies from state to state.
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227:, were famous proving grounds for such now well-known poker players as
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The reopened clubs began to draw some celebrity clientele, including
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286:(who was actually present for the October 23, 2005 bust of the club
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was killed in an accidental weapons fire during the armed robbery.
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259:, circa 2004, the most well-known clubs included PlayStation near
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An underground poker room usually generates revenue by collecting
282:(who was officially reprimanded for playing in such clubs), and
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or other house fees while not being a licensed gaming operator.
243:, however, closed these clubs in the summer of 2000 during the
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Some of the longest operating underground clubs have been in
125:
90:
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and New York
Players’ Club (NYPC) (sometimes referred to as
429:"Another club premises certificate withdrawn in poker case"
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played in a venue not operating in accordance with local
459:"Crackdown Raises the Ante for Poker Clubs in New York"
535:. Syndicated to ESPN.com. Associated Press. 2005-11-02
352:"Consolidated federal laws of canada, Criminal Code"
624:
426:
533:"Yankees tell A-Rod to avoid illegal poker clubs"
377:"Court overturns sentence for illegal poker club"
648:
627:"New Jersey Man Is Killed in Midtown Poker Game"
625:Wilson, Michael; Annie Correal (2007-11-04).
32:The examples and perspective in this article
509:"2 Manhattan Poker Parlors Raided by Police"
214:
480:"Authorities crack down on NYC poker clubs"
577:"13 Arrested In Police Raid On Poker Club"
555:"Anthony Soprano Jr. Caught in Poker Raid"
16:Games of poker played in unlicensed venues
247:administration's law and order campaign.
223:. Two of these, the Diamond Club and the
74:Learn how and when to remove this message
552:
338:Criminal Code, RSC 1985, c C-46, s 201.
105:than being targeted with legal action.
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403:"Men fined for playing illegal poker"
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575:Fahim, Kareem (2005-10-16).
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50:, discuss the issue on the
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267:) on the Upper West Side.
241:New York Police Department
36:the English-speaking world
433:gamblingcommission.gov.uk
381:www.winnipegfreepress.com
215:Historical New York clubs
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605:jauntyjoker.blogspot.com
457:Hays, Tom (2005-11-27).
356:laws-lois.justice.gc.ca
38:and do not represent a
116:groups, such as the
56:create a new article
48:improve this article
34:deal primarily with
631:The New York Times
581:The New York Times
513:The New York Times
142:indictable offence
657:Poker and society
182:Gambling Act 2005
87:Underground poker
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95:gaming laws
636:2008-06-29
586:2008-03-26
561:2007-08-14
539:2007-08-14
518:2008-03-26
490:2007-08-14
465:2007-08-14
443:2022-03-10
325:References
319:Gaming law
180:Under the
136:Under the
64:April 2015
601:"Blogger"
484:USA Today
307:Wayne, NJ
288:Ace Point
257:Manhattan
122:blackjack
52:talk page
651:Category
610:6 August
412:6 August
386:6 August
361:6 August
313:See also
292:Rounders
209:New York
203:New York
161:Winnipeg
46:You may
278:of the
239:. The
169:Sudbury
207:Under
132:Canada
126:craps
91:poker
54:, or
612:2017
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363:2017
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110:rake
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