Legality of receiving tips as a home game dealer? (1 Viewer)

[Dirty_Harambe]

I was curious if anyone knows whether this is considered a rake, or if it is distinct legally because it is voluntary and not taken from the pot. By a certain line of thinking it is not a fee, and could be thought of as giving a friend some cash, but I know that is not generally how this sort of thing is seen. I would love to hear about it from someone who knows more than I do.

 

[Taghkanic]

Probably illegal. Also probably not going to be prosecuted… unless there is a ton of activity and buzz around the game, and the stakes are high. And depends where you are, who you know, etc.

 

[Coyote]

For an amateur dedicated dealer in a home game, best way to tip him is only upon cash-out, by winners only.
If the dealer is a professional, he should still be paid by the host by the hour and not get pot-related tips by players. Safest mode, IMHO.

 

[LeLe]

Unlikely to be illegal as giving tips to dealer is voluntary, different nature from raking.

If tipping is illegal then every other tips or giving money to a relative/friend will be considered illegal as well

 

[Taghkanic]

Unlikely to be illegal as giving tips to dealer is voluntary, different nature from raking.

If tipping is illegal then every other tips or giving money to a relative/friend will be considered illegal as well

The context of gambling matters.

 

[Dirty_Harambe]

The context of gambling matters.

Yeah, I suspect it would be important in court. I'm not worried about being prosecuted for a small home game, but I do worry just a touch about being cheated or robbed and having no recourse legally because I was doing something criminal. And the charges for running an "illegal casino" are very harsh, and probably not worth it in the admittedly very small possibility it comes up.

 

[Taghkanic]

And the charges for running an "illegal casino" are very harsh, and probably not worth it in the admittedly very small possibility it comes up.

IANAL but I don’t think “illegal home game,” “illegal private game,” and “illegal casino” are all the same thing in the eyes of the law (at least where I live).

I’d distinguish a one-table unraked home game where players are voluntarily tipping a dealer from an underground casino with multiple tables, slots, a cash bar, waitresses, masseuses, chip runners, etc., such as was raided a few years ago and was all over the news. (In Canada maybe? Can’t recall.)

 

[mikem_nyc]

IANAL either, but they allow voluntary tipping for dealers and staff for things that are legal, like a charity poker event, or a free bar poker tournament, here in NYC. So imo it’s either legal or something that really won’t ever be an issue for certain jurisdictions, like I guess jaywalking here in the city?

 

[Dirty_Harambe]

IANAL either, but they allow voluntary tipping for dealers and staff for things that are legal, like a charity poker event, or a free bar poker tournament, here in NYC. So imo it’s either legal or something that really won’t ever be an issue for certain jurisdictions, like I guess jaywalking here in the city?

That's a good thing to know, and helps answer my question, or at least pile in some evidence.

 

[DanKi]

Where is the home game being played? Is the home game itself illegal in that jurisdiction? Are the tips factored into your total compensation by the host? There are numerous factors which would be relevant to determine the legality of such a general question.

Only thing you’ll be getting here is speculation based on anecdotal evidence. Which is fine if that’s what you’re after.

 

[JustinInMN]

Probably best to check with your jurisdiction, it really is a question as to whether tipping = rake without a license in the eyes of whoever would prosecute this.

In my home game I accept tips at the end of the night, I think that looks different enough to change the question in my opinion, but you just never know when the wrong prosecutor wants to flex a muscle.

In Minnesota, home poker is pretty much protected by a "social gaming" exception in the law. To simplify it, so long as the game is among friends and no one is paying a rake, we're in the clear. Friends giving friends money isn't illegal either.

But this varies from jurisdiction to jurisdiction, and there are threads of a handful of PCF members that did suffer raids. So the best advice is take any advice here with a carton of salt and be responsible enough to learn the law and prosecutorial tendencies in your area.