Legal Question in Business Law in California

Legal Definition of ''Card Clubs'' in California

Is it legal for me to play poker at a private club with my buddies? How can a business allow poker to be played on the premises but avoid being legally classified as a ''card club'' or gaming establishment by state law, and therefore subject to regulation as such by the gaming commission? (CA)


Asked on 8/26/03, 5:39 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Legal Definition of ''Card Clubs'' in California

The primary gambling law of California is found at Penal Code sections 330 through 337.9. Section 337s outlaws poker in counties over 4 million population under certain conditions. Various other card games are outlawed under, for example, Section 330. Other statutes and common-law gambling prohibitions exist. Nevertheless, there seems to be no state-wide prohibition against poker. Card clubs do exist legally, but must make sure their games do not violate Section 330; additionally they must conform to local ordinances and also not become public nuisances.

I cannot vouch for the legality of what goes on in any particular local club or card room; it depends on how the games are conducted and a bunch of state and local laws and interpretations that would have to be analyzed situation by situation.

You could just ask the owner or operator to explain why what he does or permits is legal.

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Answered on 8/26/03, 7:08 pm


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