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PREFACE The California Gambling Control Commission is pleased to provide the edition of California Gambling Laws and Regulations. Online gambling for real money. World's #1 authority on gambling, casino & betting online. Find reviews, ratings, tips & guides and get the best free welcome bonuses.


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See material in [RED] in text of article below. Therefore, the conclusion that playing online is technically illegal in California is no longer correct.

But about half the states also Kosmetikbereich online casino rules and regulations Sie it a crime to make a bet under some circumstances, even online gambling california law nobody is ever charged any more.

But other wagers are not forbidden. It is not a crime to buy a lottery ticket, even in an illegal numbers games. I think the better, more legally supportable, conclusion is: Here is my analysis and reasoning to support that conclusion. California Penal Code Sec. The conclusion Professor Rose reaches is correct for the situation where the player bets in an online poker game that is NOT also a percentage game.

This is because playing poker for money in California is legal so long as the particular game being played does not run afoul of the other provisions of the law. Social home games are an example. As long as no one makes money, other than as a mere player, it is OK to play in a real money home poker game.

In addition, playing in duly licensed California cardrooms does not run afoul of the prohibition because those cardrooms charge players in a manner that is not considered to be a percentage rake. However, the conclusion is incorrect where the player bets in an online poker game if that game is a "percentage game.

Usually the fee takes the form of the website operator being entitled to online gambling california law rake that is a percentage of the money in a given pot, limited to a maximum amount. In tournament play there is an entry fee that may be viewed as a percentage of the buy-in amount each player pays, the sum of which buy-ins make up the prize pool to be split among the winners, since the amount increases as the buy-in amount increases.

I am not aware of any online real-money poker games that do not have online gambling california law rake or entry fee for most real-money poker games and tournaments. I believe the existence of the rake or entry fee makes the poker game a percentage game, all of which are banned as a class by Section Three different methods of calculating the amounts to be paid to the house by players were considered: The court held that if either of the first two methods is used, then the game will be a percentage game.

Only the third method was determined to be a permissible form the house could use and still avoid having the game be declared a percentage game. I believe the rake online gambling california law real-money online poker games and tournaments falls into either or both of the first two categories mentioned in Sullivan. In response to several court decisions in California in andCalifornia Penal Code Section j was adopted. Fees charged for all wagers shall be determined prior to the start of play of any hand or online gambling california law. The actual collection of the fee may occur before or after the start of play.

Ample notice shall be provided to the patrons of gambling establishments relating to the assessment of fees. Flat fees on each wager may be assessed at different collection rates, but no more than three collection rates may be established per table. The first version of this law was passed in In the statute was amended to its present text, which allows fees to be collected "before or after online gambling california law start of play.

An informal online gambling california law discussion with a member of the California Department of Justice Gaming Division on December 15,confirmed that view as well as the fact that the Division has not issued regulations interpreting how to calculate collection fees. The following language has been added to the law: The initial problem with the online cardrooms is that they follow the Las Vegas Style "no flop, no drop" rule.

That is, if everyone folds to the big blind or the dealer button in stud then no rake is taken in Las Vegas, or in the online cardrooms. This alone would violate the quoted statute, which requires that if a flat fee is involved, the amount must be known in advance, the charge being taken online gambling california law before or after the hand is completed. This, too, violates the statute and technically makes the playing of online poker illegal under Penal Code Section for those who are in California when they play.

Under the statute it is conceivable that different amounts of flat fees online gambling california law be charged on different wagering rounds, but not on online gambling california law amounts in the pot. The cited provision of Section j was adopted in response to several California court decisions in and that construed what was meant by a percentage game. Kennedy84 Cal. Note that the collection, or rake, does not go up based on the amount bet, but on the fact that a bet of some amount is being made.

Any variation in charges during the play of a hand must be made on the basis http://yourgeneric.info/fixed-deposit-rollover-meaning.php the fact of a wager being made, not the amount of the wager.

So, an escalation in the rake based on how much is in the pot online gambling california law appear to be online gambling california law. Thus, if you are in California and are playing and betting money on poker games at one of the popular online websites, you are likely violating the law. Professor Rose also said: Professor Rose says that "nobody is ever charged anymore.

However, since Professor Rose wrote the article there online gambling california law been a few state criminal charges brought involving online betting under state laws making the bet a misdemeanor.

The charges are only misdemeanors, but those charges can have adverse effects that go beyond the mere criminal charges.

In Florida a college quarterback, Adrian McPherson was tried on a misdemeanor charge brought against him for making sports bets through an offshore online bookie. The jury hung on the question of his guilt and he subsequently entered into a guilty plea agreement with the prosecutor online gambling california law that and other pending matters.

In North Article source Jeffrey Trauman pleaded guilty to a misdemeanor charging him with making illegal online sports bets. Thus, in my view, the better, more legally supportable, conclusion is: Professor Rose concludes his Card Player article online gambling california law Half the states do have ancient laws on the book making it illegal to make a bet.

But, probably 20 million Americans united states online casino sites technically forbidden wagers each year. With odds like that, you are more likely to be elected governor of California than charged with illegal gambling.

He is an internationally known scholar, with more than published works, and public speaker, often the keynote speaker on gambling issues. A graduate of Harvard Law School, he is link tenured full Professor at Whittier Law School in Costa Mesa, California, where he teaches one of the first law school classes on gaming law.

Trying to figure out how a court may rule is a different and quite complicated matter. It involves determining where the game is being offered and played as well as the ability to assert legal jurisdiction over the owner-operator of the website offering the game. Many local jurisdictions in California require licenses to be obtained in order to operate a cardroom in that jurisdiction.

No online real-money poker website has a license from any California gaming authority. A The game of bingo conducted pursuant to Section C Any lottery game conducted by the California State Lottery. Poker games that are not "percentage games," and assuming further that they are "games of chance," are lawful under Sectionso the offering of such games is subject to the requirement of Section j.

Of course, if the online poker game is a percentage game, then the offering of it would be unlawful directly under Section Gambling Law US Homepage. California Online Poker Legal? Chuck Humphrey is available to help answer questions and analyze and structure transactions. All Visit web page Reserved worldwide.

May not be copied, stored or redistributed without prior written permission.


Is Online Poker Legal in California ? Online gambling california law

Accordingly, slot machines, lottery games, and banking and percentage card games are hereby permitted to be conducted and operated on tribal lands subject to those compacts. The Legislature, two-thirds of the membership of each house concurring, may amend the percentage of gross receipts required by this subdivision to be dedicated to beneficial or charitable purposes by means of a statute that is signed by the Governor. All persons concerned in the commission of a crime, whether it be felony or misdemeanor, and whether they directly commit the act http://yourgeneric.info/deutsche-online-casinos-forum.php the offense, or aid and abet in its commission, or, not being present, have advised and encouraged its commission, and all persons counseling, advising, or encouraging children under the age of fourteen years, lunatics or idiots, to commit any crime, or who, by fraud, contrivance, or force, occasion the drunkenness uk casino sverige online another for the purpose of causing him to commit any crime, or who, by threats, menaces, command, or coercion, compel another to online gambling california law any crime, are principals in any crime so committed.

A lottery is any scheme for the disposal or distribution of property by chance, among persons who have paid or promised to pay any valuable consideration for the chance of obtaining such property or a portion of it, or for any share or any online gambling california law in such property, upon any agreement, understanding, or expectation that online gambling california law is to be distributed or disposed of by lot or chance, whether called a lottery, online gambling california law, or gift enterprise, or by whatever name the same may be known.

A "sports trading card grab bag" does not include a sweepstakes, or online gambling california law for the distribution of any sports trading card of value by lot or by chance, which is not unlawful under other provisions of law. Neither this chapter nor Chapter 10 commencing with Section applies to the possession or operation of a reverse vending machine. As used in this section a reverse vending machine is a machine in which empty beverage containers are deposited for recycling and which provides a payment of money, merchandise, vouchers, or other incentives at a frequency less than upon each deposit.

The pay out of a reverse vending machine is made on a deposit selected at random within the designated number of required deposits. The deposit of an empty beverage container in a reverse vending machine does not constitute consideration online gambling california law the definition of lottery in Section Every person who contrives, prepares, sets up, proposes, or draws any lottery, is guilty of a misdemeanor.

Every person who sells, gives, or in any manner whatever, furnishes or transfers to or for any other online gambling california law any online gambling california law, chance, share, or interest, or any paper, certificate, or instrument purporting or understood to be or to represent any ticket, chance, share, or interest in, or depending upon the event of any lottery, is guilty of a misdemeanor.

Every person who aids or assists, either by printing, writing, advertising, publishing, or otherwise in setting up, managing, or drawing any lottery, or in selling or disposing of any ticket, chance, or share therein, is guilty of a misdemeanor. Every person who opens, sets up, or keeps, by himself or by any other person, any office or other place for the sale of, or for registering the number of any ticket in any lottery, or who, by printing, writing, or otherwise, advertises or publishes the setting up, opening, or using of any such office, is guilty of a misdemeanor Every person who lets, or permits to be used, any building or vessel, or any portion thereof, knowing that it is to be used for setting up, managing, or drawing any lottery, or for the purpose of selling or disposing of lottery tickets, is guilty of a misdemeanor.

Every person who contrives, prepares, sets up, proposes, or operates any endless chain is guilty of a public offense, and is punishable by imprisonment in the county jail not exceeding one year or in state prison for 16 months, two, or online gambling california law years. As used in this section, an " endless chain " means any scheme for the disposal or distribution of property whereby a participant pays a valuable consideration for the chance to receive compensation for introducing one or more additional persons into participation in the scheme or for the chance to receive compensation when a person introduced by the participant introduces a new participant.

Compensation, as used in this section, does not mean or include payment based upon sales made to persons who are not participants in the scheme and who are not purchasing in order to participate in the scheme It is unlawful for any person to make or to permit online casino customer service job description making of an agreement with another person regarding any slot machine or device, by which the user of the slot machine or device, as a result of the element of hazard or chance or other unpredictable outcome, may become entitled to receive money, credit, allowance, or other thing of value or additional chance or right to use the slot machine or device, or to receive any check, slug, token, or memorandum entitling the holder to receive learn more here, credit, allowance, or other thing of value.

A punchboard online gambling california law hereinafter defined is hereby declared to be a slot machine or device within the meaning of Section b of this code and shall be subject to the provisions thereof. For online gambling california law purposes of this section, a punchboard is any card, board or other device which may be played or operated by pulling, pressing, punching out or otherwise removing any slip, tab, paper or other substance therefrom to disclose any concealed number, name or symbol.

As used in Sections In addition to any other remedy provided by law any slot machine or device may be seized by any of the officers designated by Sections and a of the Penal Code, and in such cases shall be disposed of, together with any and all money seized in or in mate casino with online gambling california law machine or device, as provided in Section a of the Penal Code.

It is specifically declared that online gambling california law mere possession or control, either as owner, online gambling california law, agent, employee, mortgagor, or otherwise of any slot machine or device, as defined in Section It is specifically declared that every person who permits to be placed, maintained or kept in online gambling california law room, space, enclosure, or building owned, leased or occupied online gambling california law him, or under his management or control, whether for use or operation or for storage, bailment, safekeeping or deposit only, any slot machine or device, as defined in Section It is further declared that the provisions of Gabe jackpot city deposit bonus Beine section specifically render any slot machine or device as defined in Section It is further expressly provided that Sections The provisions online gambling california law Sections For the purposes of this section, the term " antique slot machine " means a slot machine that is over 25 years of age.

If the defense is applicable, the machine shall be returned pursuant to provisions of law providing for the return of property.

Notwithstanding Sections a, b, and Those activities may be conducted only by persons who online gambling california law registered with the United States government pursuant to Chapter 24 commencing with Section of Title 15 of the United States Code, online gambling california law amended. Those gambling devices shall not be displayed to the general public or sold for use in California regardless of where purchased, nor held nor manufactured online gambling california law violation of any applicable federal law.

A violation of this section is a misdemeanor. For purposes of this section it is not the intent of the Legislature to mandate acceptance of the deal by every player if the division finds that the rules of the game render the maintenance of or operation of a bank impossible by other means.

The house shall not occupy the player-dealer position. Nothing in this paragraph shall prohibit a court from placing a person subject to this subdivision on probation. D Games played with cards in private homes or residences, in which no person makes money for operating the game, except as a player.

A fee may not be calculated as a fraction or percentage of wagers made or winnings earned. The amount of fees charged for all wagers shall be determined prior to the start of play of any hand or round.

However, the gambling establishment may waive collection of the fee or portion of the fee in any hand or round of play after the hand or round has begun pursuant to the published rules of the game and the notice provided to the public. The actual collection of the fee may occur before or after the start of play. Ample notice shall be provided to the patrons of gambling establishments relating to the assessment of fees.

Flat fees on each wager may be assessed at different collection rates, but no more than three collection rates may be established per table.

However, if the gambling establishment waives its collection fee, this fee does not constitute one of the three collection rates. The following definitions govern the construction of this section online gambling california law Sections u, w, x, and y:. The term includes computerized systems which facilitate electronic transfers of money directly to or from a game or gaming device.

The term includes any of the following: A An assembled electronic circuit which cannot be online gambling california law demonstrated to have any use other than in a slot machine. B A cabinet with electrical wiring and provisions for mounting a coin, token, or currency acceptor and provisions for mounting a dispenser of coins, tokens, or anything of value.

C A storage medium containing the source language or executable code of a computer program that cannot be reasonably demonstrated to have any use other than in a slot machine. D An assembled video display unit. E An assembled mechanical or electromechanical display unit intended for use in online gambling california law. F An assembled mechanical or electromechanical unit which cannot be demonstrated to have any use other than in a slot machine. It is unlawful for any person to commit any of the following acts: It is unlawful for any person at a gambling establishment to use, or to possess with the intent to use, any device to assist in any of the following:.

As used in this subdivision, " paraphernalia for manufacturing slugs click here means the equipment, products, and materials that are intended for use or designed for use in manufacturing, producing, fabricating, preparing, testing, analyzing, packaging, storing, or concealing a counterfeit facsimile of the chips, tokens, debit instruments, or other wagering instruments approved by the California Gambling Control Commission or a tribal gaming agency, or a lawful coin of the Magen virtual casino review oder States, the use of which is unlawful pursuant to subdivision b.

The term " paraphernalia for manufacturing slugs " includes, but is not limited to, any of the following: It is unlawful to do either of the following: A " contest" is any game, puzzle, scheme, or plan which offers prospective participants the opportunity to receive or compete for gifts or prizes on the basis of skill or skill and chance, and which is conditioned wholly or partly on the payment of some value.

A person who operates a contest may not represent, either directly or impliedly, that another has won any prize or item of value without disclosing its exact nature and approximate value.

Similarly, representations may not be made to another that he or she has won any prize or item of value in a contest unless there has been a real contest in which at least a majority of the participants have failed to win.

The law requires every person who conducts a contest to disclose on each entry blank the deadline for submission of that entry. Use of the word "lucky" to describe an entry form or symbol, or any other implication that advantage is conferred on the participant in preference to other participants, is prohibited. All contest and promotional puzzles and games must clearly and online gambling california law disclose each of the following:. The here number of puzzles or games which may be necessary to complete the contest and determine winners.

The maximum amount of money, including click and handling fees, which a participant may be asked to pay to win each of the prizes offered.

Whether future contests or tie-breakers, if any, will be significantly more difficult than the initial contest, and the method of determining prize-winners if a tie remains after completion of the last tie-breaker. Clear and detailed disclosures regarding the nature of the contest and number of contestants also must be made. The total number of contestants anticipated, and the percentage of contestants correctly solving each puzzle based on prior experience must online gambling california law disclosed with the first solicitation and whenever payment of money is required to become or remain a online gambling california law. The exact nature and approximate value of the prizes must be disclosed clearly and conspicuously when they are offered.

Misrepresenting in any online gambling california law the odds of winning any prize is prohibited. Representing directly or impliedly that the number of participants has been limited significantly, or that any particular person has been selected to win a prize, is prohibited unless such is a fact.

All prizes of the value and type represented must be awarded and distributed. The opportunity to win a prize cannot be conditioned on a minimum number of entries or contest participants. If a tie-breaker for extra cash or any other type of prize may be entered by paying money, it must be clearly disclosed to the participant that the payment is optional and that he or she is not required to make the payment to play for these prizes.

Participants must be given, clearly and conspicuously, the opportunity to indicate that they wish to enter this phase of the contest for free. However, participants may be required to pay reasonable postage and handling fees, which must be clearly disclosed whenever their payment is required.

Every person conducting a contest must refund within one year of payment anything of value received from a participant making written request if the participant was unable to participate through no fault of his or her own. Upon request by any participant, a list of names of all winners, prizes, and correct and winning solutions must be provided. Upon request by any member of the public, the actual number and percentage of contestants correctly solving each puzzle or game in the most recently completed contest must be provided.

The operator of the contest must keep detailed records of the contest for at least two years after all the prizes are awarded. These provisions do not apply to advertising programs that are regulated by, and comply with, the provisions of California law which govern the use of gifts or prizes to induce attendance at sales presentations a type of promotional giveaway. Online gambling california law, charitable trusts and corporations, or organizations which are exempt from taxation under state or federal law, are not bound by the provisions on the operation of contests.

Finally, a contest in which participation is conditioned on payment of value and in which prizes are awarded primarily by chance is online gambling california law lottery rather than a contest. Under California law, only the California State Lottery may operate a lottery.

Legal Guides on the rules prohibiting lotteries and the rules for promotional online gambling california law are available from the California Department of Consumer Affairs, P. A "sweepstakes" is any procedure for distributing anything of value by lot or chance. Player rewards 2013 card sweepstakes must entspannen beste online casinos bonus ohne einzahlung ersetzen violate any provision of law, including the law that prohibits lotteries.

Consumers often confuse sweepstakes, lotteries and contests. The main difference between a sweepstakes and a lottery is that the lottery participants have paid or promised to pay value for the chance online gambling california law win the prize. Solicitation materials containing sweepstakes entry material cannot represent that the recipient is a winner or has already won a prize unless the recipient has in fact won a prize.

Any such representation is evaluated taking into account the context in which the representation is made for example, the print, size and presentation of the representation and any qualifying language. This statement must be included in the solicitation materials in either the official rules or the entry form and must be in readily understandable terms. If the statement is included in the official rules, online gambling california law must be set out in a separate paragraph and online gambling california law printed in capital letters in contrasting type.

The statement just click for source be smaller than the largest type used in the official rules. The operator of the sweepstakes must treat entries that are not accompanied by orders the same as entries that are accompanied by orders.

That is, the operator cannot online gambling california law an entry that is not accompanied by an order to any disadvantage in the winner selection process that an entry accompanied by an order would not be subjected to. In addition, continue reading sweepstakes materials containing the entry online gambling california law cannot represent cool cat casino 2015 no deposit bonus codes an entry accompanied unsuccessful dcn01 bet365 deposit an order may win or may win more prizes than an entry not accompanied by an order, and cannot represent that an entry not accompanied by an order will have a reduced chance of winning.

In the past, some sweepstakes have sought to solicit or sell "information-access services.


Online Gambling Live in California (Sorta)

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