| The first question
that people ask is "is it legal to have a private game at my gathering".
The answer is yes, we perform a service
that is absolutely legal. Similar to a DJ service that you would hire
for a wedding, we provide an entertainment service. There are guidelines
that must be followed in the state of Florida and we ask each client
to sign an agreement stating that they are abiding by those guidelines.
When Poker with Class arrives at an event, an equal number of chips
is distributed to each player. Although these chips have no cash value,
our dealers set the blinds and betting limits as to not exceed the
state statute that pertains to "penny-ante" games. We do this
because if a client wishes to offer players an opportunity to play
for real money and collect the "perceived" amount of the starting
chips, no pot will exceed the amount outlined in the "penny-ante" statute.
In the client waiver, clients agree to not collect more than the "perceived"
face value (i.e.., 2x, 4x, 6x the perceived value) of each chips. Clients
are also responsible for reimbursing guests when play is complete.
Even though Poker with Class adheres to the Florida statute pertaining
to "penny-ante" games, we do not collect or pay out cash to players.
Florida Statute 849.085 Certain penny-ante games not crimes; restrictions.--
(1) Notwithstanding any other provision of law, it is not a crime for
a person to participate in a game described in this section if such game
is conducted strictly in accordance with this section.
(2) As used in this section:
(a) "Penny-ante game" means
a game or series of games of poker, pinochle, bridge, rummy, canasta,
hearts, dominoes, or mah-jongg in which
the winnings of any player in a single round, hand, or game do not
exceed $10 in value.
(b) "Dwelling" means residential premises owned or rented by
a participant in a penny-ante game and occupied by such participant or
the common elements or common areas of a condominium, cooperative, residential
subdivision, or mobile home park of which a participant in a penny-ante
game is a unit owner, or the facilities of an organization which is tax
exempt under s. 501(c)(7) of the Internal Revenue Code. The term "dwelling" also
includes a college dormitory room or the common recreational area
of a college dormitory or a publicly owned community center owned
by a municipality
or county.
(3) A penny-ante game is subject to the following restrictions:
(a) The game must be conducted in a dwelling.
(b) A person may not receive any consideration or commission for allowing
a penny-ante game to occur in his or her dwelling.
(c) A person may not directly or indirectly charge admission or any other
fee for participation in the game.
(d) A person may not solicit participants by means of advertising in any
form, advertise the time or place of any penny-ante game, or advertise
the fact that he or she will be a participant in any penny-ante game.
(e) A penny-ante game may not be conducted in which any participant is
under 18 years of age.
(4) A debt created or owed as a consequence of any penny-ante game is
not legally enforceable.
(5) The conduct of any penny-ante game within the common elements or common
area of a condominium, cooperative, residential subdivision, or mobile
home park or the conduct of any penny-ante game within the dwelling of
an eligible organization as defined in subsection (2) or within a publicly
owned community center owned by a municipality or county creates no civil
liability for damages arising from the penny-ante game on the part of a
condominium association, cooperative association, a homeowners' association
as defined in s. 720.301, mobile home owners' association, dwelling owner,
or municipality or county or on the part of a unit owner who was not a
participant in the game.
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