TEXAS HOLD'EM POKER

Question: Is poker an authorized game of chance?
Answer: No. Under Article I, Section 9 of the New York State Constitution, charitable gaming can only be conducted pursuant to laws adopted by the Legislature. The Legislature delegated authority to the Board to determine which games of chance are authorized for charitable play. The Board, in turn, promulgated rules specifically authorizing certain games of chance. See, 9E NYCRR 5620.1. The Legislature, however, pursuant to a 1977 Attorney General’s opinion stating that poker, as a form of pari-mutuel wagering, is barred by the Constitution, prohibited the Board from authorizing any game of chance involving the wagering of money by one player against another player. See, General Municipal Law §186(3). The Board-approved list of permissible charitable games of chance cannot, therefore, include "Texas Hold’Em."

Question: Can our charity get a license to run a Texas Hold'Em tournament where all the proceeds are donated to charity?
Answer: No. As indicated above, Texas Hold'Em is not an authorized game of chance, and therefore such a tournament cannot be licensed for fundraising even if proceeds are intended for charity.

Question: Can a authorized organization operate a Texas Hold'Em tournament or poker room outside the "safe-harbor" of the Games of Chance Licensing Law?
Answer: The Racing and Wagering Board is not a law enforcement agency and does not have authority to issue legal opinions on criminal statutes. Given that Article 225 of the New York Penal Law prohibits the promotion of gambling, we strongly advise consult with your attorney before proceeding with such a venture.  

Question: Can any entity lawfully operate a Texas Hold'Em tournament or poker room?
Answer: The Racing and Wagering Board is not a law enforcement agency and does not have authority to issue legal opinions on criminal statutes. Given that Article 225 of the New York Penal Law prohibits the promotion of gambling, we strongly advise consult with your attorney before proceeding with such a venture