Tim brought up an interesting question at last evenings game. Is it legal in Washington state to organize and have poker games at home or elsewhere.
The answer is Yes. As long as no person or establishment gains financially from the conduct of the game it is legal. Its ok to "buy in" and to win monies as long as everyone has the same chances and its not a for profit establishment.
WASHINGTON STATE HOME POKER GAME HOSTS AND PLAYERS - Home poker games are permitted in Washington State as long as professional gambling does not occur. The Washington State criminal code defines professional gambling as occurring when a person pays or accepts a fee to participate in a card game (
RCW 9.46.0269). No fees may be charged for arranging, facilitating, organizing, or for operating a card game. Persons who are found to be engaging in Professional Gambling are subject to criminal prosecution pursuant to the Revised Code of Washington criminal statutes. The following criminal statutes may help you determine if your are operating legally.
RCW 9.46.220, Professional Gambling First Degree
Any person who operates, manages, or profits from the operation of a premises or location where persons are charged a fee to participate in card games is conducting First Degree Professional Gambling, a class B felony.
RCW 9.46.221, Professional Gambling Second Degree
Any person who maintains a “gambling premises,” defined in RCW 9.46.0249 as “any building, room, enclosure, vehicle or other place used or intended to be used for professional gambling,” is conducting Professional Gambling in the Second Degree, a class C felony.
RCW 9.46.222, Professional Gambling in the Third Degree
Any person who engages in or knowingly causes, aids, abets, or conspires with another to engage in professional gambling and whose conduct does not constitute first or second degree Professional Gambling is guilty of Professional Gambling in the Third Degree. Professional Gambling in the Third Degree is a gross misdemeanor.RCW 9.46.0269, Professional Gambling
(1) A person is engaged in “professional gambling” for the purposes of this chapter [RCW 9.46] when:
(a) Acting other than as a player or in the manner authorized by this chapter [RCW 9.46], the person knowingly engages in conduct which materially aids any form of gambling activity: or(b) Acting other than in a manner authorized by this chapter [RCW 9.46], the person pays a fee to participate in a card game, contest of chance, lottery, or other gambling activity; or(c) Acting other than as a player or in the manner authorized by this chapter [RCW9.46], the person knowingly accepts or receives money or other property pursuant to an agreement or understanding with any other person whereby he or she participate in the proceeds of gambling activity; or(d) The person engages in bookmaking; or(e) The person conducts a lottery; or(f) The person violates RCW 9.46.039.(2) Conduct under subsection (1)(a) of this section, except as exempted under this chapter [RCW 9.46], includes but not limited to conduct directed toward the creation or establishment of the particular game, contest scheme, device or activity involved, toward establishment of the particular game, contest, scheme, device or activity involved, toward the acquisition or maintenance of premises, paraphernalia, equipment or apparatus therefore, toward the solicitation or inducement of persons to participate therein, toward the actual conduct of the playing phases thereof, toward the arrangement of any of its financial or recording phases, or toward any other phases of its operation. If a person having substantial proprietary or other authoritative control over any premises shall permit the premises to be used with the person’s knowledge for the purpose of conduction gambling activity other than gambling activities authorized by this chapter [RCW 9.46], and acting other than as a player, and the person permits such to occur or continue or makes no effort to prevent its occurrence or continuation, the person shall be considered as being engaged in professional gambling: PROVIDED, That the proprietor of a bowling establishment who awards prizes obtained from player contributions to players successfully knocking down pins upon the contingency of identifiable pins being placed in a specified position or combination of positions, as designated by the posted rules of the bowling establishment, where the proprietor does not participate in the proceeds of the “prize fund” shall not be construed to be engaging in “professional gambling” within the meaning of this chapter: PROVIDED FURTHER, that the books and records of the games shall be open to public inspection.
