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Canada [ edit ]
Under the Criminal Code, 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 indictable offence 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 summary offence 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 aR$5,000 fine.[1] 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 🛡 exempt from the provisions of Section 201, and thus is not unlawful.[2] 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.
The laws governing gaming in Canada were written prior to the invention of internet gaming. 🛡 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.
Historical New York clubs [ edit ]
Underground poker nevertheless flourished in New York City 🛡 after the Giuliani busts. In Manhattan, circa 2004, the most well-known clubs included PlayStation near Union Square and New York 🛡 Players’ Club (NYPC) (sometimes referred to as 72nd Street) on the Upper West Side.
Chip Romig, MMR 423
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