Admin Order 56-06-04-F - Laserfiche WebLink

Home Browse Search

participation in, or for the privilege of participating in social games." EC 93.876. A social game is a game between players in a private home, or if authorized by a city or county, between players in a private business, private club or place of public accommodation where no house player, house bank or house odds exist and there is no house incomefrom the operation of the social game. ORS 167.117(21) (emphasis added). If the house collects income from the operation of a social game, the game is no longer a social game - it becomes unlawful gambling. The City of Eugene cannot authorize what state law prohibits. The house or social game organizer may not charge players for the privilege of playing in a social game, therefore the house or social game organizer may not collect a fee of 10% of a tournament buy-in and the house must return the entire aggregate buy-in amount to players pursuant to terms agreed upon before the tournament begins. No changes are being made to the rule as a result of these comments. Comments Reeardine House or Permanent Dealers. Several respondents approved of the use of house or permanent dealers. Comments indicated that the use of permanent dealers decreased players' concerns about cheating and provided for a more relaxed and friendly atmosphere in social gaming facilities. Findines. I agree that a skilled permanent dealer can enhance the social gaming experience. However, under state law a dealer cannot play in a social game. State statutes provide that a social game is a game "between players." ORS 167.117(21). A dealer is not a player. Therefore, if a dealer plays a hand or places bets, the game is no longer between players and no longer a social game - instead it has become illegal gambling. Ifhowever, a dealer merely facilitates a social game by passing out playing cards to the players and neither plays a hand nor places bets, the game is still "between players" (only players are actually playing in game) and is therefore a social game and not illegal gambling. In light of the comments I received indicating that the presence of permanent dealers decreases players' concerns about cheating and provides for a more relaxed and friendly atmosphere in social gaming facilities, I have added a provision to this administrative rule allowing for permanent dealers. Comments Reeardine Distance to Other Gamine Facilities/Social Gamine Forced Into Homes. Several respondents expressed the concern that if existing local gaming facilities close after the passage of this administrative rule, respondents would be forced to drive long distances to casinos, or that social games would take place in homes and thus be more difficult for the City to regulate. Findines. Under Oregon state law, gambling is illegal unless otherwise authorized by state statute. ORS 167.117 through 167.167. State law has created a few exceptions to the general prohibition on gambling, one of which is the exception for social games. ORS 167.117(7)(c); 167.117(21). Social gaming is legal only ifit takes place in a private home or is specifically authorized by a city or county; and then only under conditions specified in state law. I interpret the state statutes that authorize social gaming to carve a limited exception from the general prohibition on gambling for informal, low stakes games - not to allow businesses to profit from gaming. As to the concern expressed about driving to casinos, certainly local facilities are more convenient, but as these comments illustrate, persons wishing to participate in gaming have several choices of locations in which to pursue those activities. Tribal casinos are not subject to Administrative Order - Page 2 of 10