Another Kitchener Club hit

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Police break gambling operation
November 02, 2007
RECORD STAFF
KITCHENER

Five people have been charged in connection with a gambling operation police discovered while searching a building on King Street West late last night.

Members of the Ontario Provincial Police illegal gambling unit, as well as Waterloo regional police, searched the building at 119B King St. W. at about 11 p.m.

Police seized gaming tables, chips, cards, other gambling equipment and some drugs, OPP said in a news release.

Two suspects were charged with being found in a gaming house. Three others were charged with keeping a gaming house.

All have been released until their next court appearance.

The arrests conclude a five-month-long OPP investigation into illegal gambling in the region.
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Comments

  • two players, slow night or what? better to play outside on the sidewalk and avoid the arrest and rake. Conclusion is a good thing.
  • Anyone know more information?
  • Sounds to me like it was The Shop.
  • It was...I know nothing else though...
  • I guess it was well worth the 5 month investigation.

    Bust a complex gambling operation with 5 people involved. lol

    Yeah tax money!
  • From Today's KW record
    Police seized gaming tables, chips and cards as well as cocaine and marijuana from the rented unit at 119B King St., the OPP said.

    The gaming room busted Thursday, referred to in online promotions as "The Shop," operated as often as three nights a week and could pull in an estimated $1,500 a night, said Sword.

    Sword said it was surprising to investigators to find another rake game operating after the recent highly publicized busts.
    "It was kind of amazing that we did this takedown two weeks ago and they continued to operate," he said.

    Since they are now charging the players too, it was almost nicer of them to come on a not so busy night. Did anyone not see this coming?
  • Cocaine?? wtf?
  • JohnnieH wrote: »
    Cocaine?? wtf?

    It was probably for personal use or they would have also mentioned charges of trafficking, don't you think?

    Still, if it was one of the operators holding it, pretty stupid.
  • From Guelph Mercury:
    Two men were charged with keeping a common gaming house and three others were charged with being found in a gaming house.
    Regional police also charged a 21-year-old man with possession of cocaine and possession of marijuana.
    :
    Police seized gaming tables, chips, cards and $8,425 in cash in those raids.
    :
    Despite the threat of discovery and criminal charges, operators still advertise the games on the Internet regularity, though most omit the actual location of the games.

    An online Canadian poker forum has posts advertising games organized by The Shop over the past few months at locations in Kitchener and Cambridge.

    The site also has posts advertising games at "The Chesterfield," the Waterloo poker room raided by police last month.
  • BlondeFish wrote: »
    An online Canadian poker forum has posts advertising games organized by The Shop over the past few months at locations in Kitchener and Cambridge.
    The site also has posts advertising games at "The Chesterfield," the Waterloo poker room raided by police last month.

    Since the OPP are obviously spying on the forum, could they PLEASE have the courtesy of posting contact information to get hold of them. I have had various questions on how to host legally, and have contacted them on multiple occasions using the information on their website without a response. Those of us who are trying to obey the law find it difficult when they won't answer our phone calls and emails.

    Apologies for thread-jacking, but I'm sure they're checking these threads specifically to admire their handiwork...
  • what typically happens to the people charged??
  • They get fined I believe(the players)
  • beanie42 wrote: »
    Since the OPP are obviously spying on the forum, could they PLEASE have the courtesy of posting contact information to get hold of them. I have had various questions on how to host legally, and have contacted them on multiple occasions using the information on their website without a response. Those of us who are trying to obey the law find it difficult when they won't answer our phone calls and emails.

    I think it's pretty obvious that the OPP does not want to be involved in telling people how to run a legal poker game. Even the AGCO states in their newsletters that they don't want to be involved in advising anyone how to run a legal poker game - it is up to people to hire legal counsel to ensure that they are compliant.

    BTW - after doing some research on the AGCO sites, their position is that any place that sells alcohol and holds a poker game with an entry fee - even if they are not taking a rake - is considered to be non-compliant of AGCO regulations and risk fines or having their alcohol license revoked.
  • BTW - I would love it if the OPP would prove me wrong!
  • what if someone who loved the game of poker, and money was not an object. Lets say they rent a vacant warehouse and open it as Toronto's first poker club. There would be no rake on the tables, no food or drinks served and the dealers would get paid from tips from the players but no salary. Would there be any issues with this type of club? As there is no element of profit for the person running it, is it illegal and could it be closed down? Not sure if the dealers making tips would cause a problem. Wouldn't it be great if such a club existed just to stick it to the authorities.
  • pokerJAH wrote: »
    what if someone who loved the game of poker, and money was not an object. Lets say they rent a vacant warehouse and open it as Toronto's first poker club. There would be no rake on the tables, no food or drinks served and the dealers would get paid from tips from the players but no salary. Would there be any issues with this type of club?
    It has been done. Guilty!
  • Would still not be fine with the police. It would qualify as a Betting House - also illegal, as opposed to a Gaming House (which takes rake)
  • That is correct. Some poker clubs have tried to find a loophole by replacing their rake with membership fees or tips, but it is still illegal. Unless you manage to get approved for a $25,000 charity license in Ontario, I don't know any legal way for organizers to make money from raked poker games.
    Would still not be fine with the police. It would qualify as a Betting House - also illegal, as opposed to a Gaming House (which takes rake)
  • Would still not be fine with the police. It would qualify as a Betting House - also illegal, as opposed to a Gaming House (which takes rake)


    So a 'home game' could be busted as a betting house and is considered illegal? never heard this interpretation before.
  • pokerJAH wrote: »
    So a 'home game' could be busted as a betting house and is considered illegal? never heard this interpretation before.
    No - a home game is in your residence, which is different than a location whose sole purpose is for playing. While the OPP has been totally unhelpful, the AGCO did actually answer a number of my questions a few years ago (see http://pokerforum.ca/showthread.php?t=4305), and they did make a distinction between your home and renting a hall, etc.
  • Sword said it was surprising to investigators to find another rake game operating after the recent highly publicized busts.
    "It was kind of amazing that we did this takedown two weeks ago and they continued to operate," he said.


    You think..........
  • CANADA

    Part VII of the Canadian Criminal Code has the laws about gaming, betting, and gambling. Section 197 (sub-sections 1-4) defines the terms used in the Law.


    "Common betting house": This is where people get together and play games. There is no 'House' collecting and paying bets, but rather a group of people playing against each other in some game of skill and chance. The host does not collect and pay bets, nor does the host collect a 'rake', as described below.

    "Common gaming house": This is where people are enabled to conduct gaming against a second party. Take Home Craps, for example, where individual players play against the host, or House. When somebody's home is used to for somebody to arrange a game where he or she collects and pays bets, it falls under this definition. Some home gamblers refer to a 'rake', where the host collects a small percentage of all pots to help pay for hosting expenses. Use of 'rakes' also falls under this category.

    "Disorderly house": A general term used to describe either a common betting house, a common gaming house.

    "Game": The game itself, complete with rules and conditions.

    "Keeper": The keeper of the house is the person whose name is on the lease, or is helping the person whose name is on the lease, or is acting on behalf of the person whose name is on the lease.

    "Onus": If somebody is accused of being the keeper of a disorderly house, it's their job to convince a court otherwise. Even if the game is only started at one house and finished at another (ie. long game of Trips to Win), that first house is still a disorderly house.




    Section 198 (only one sub-section) outlines what presumptions can be made by the Law when police officers show up at your door under the suspicion that yours is a disorderly house. They are allowed to assume that yours is such a house if one of the following things happen:


    #1: The police officer was prevented or delayed from entering your house.
    #2: The police officer did not find a game-in-progress, but did find enough gaming equipment (ie. poker chips, Craps tabletop, home roulette wheel, etc.) to make it clear enough.
    #3: The police officer did not find a game-in-progress, but did find gaming equipment on the persons of people in the house (i.e. poker chips in everybody's pockets).
    #4: The police officer did not charge you while you were found in the disorderly house, but after the keeper was convicted and it was proven that you were there, you can be charged.


    Section 199 (sub-sections 1-7) outlines the procedure in dealing with a disorderly house.


    Search: The keeper of the disorderly house and anybody in it may be apprehended with or without a warrant, if the officer can prove that it is a disorderly house.
    Property: The court reserves the right to keep and/or dispose of any evidence (ie. gaming equipment) that it finds in the disorderly house.


    Section 201 (only one sub-section) states that the keeper of the disorderly house and everybody found in it can be punished with a maximum sentence of two years. The word of the law does not specify whether or not the stakes of the game would have an influence on the amount of the punishment.
  • "Common betting house": This is where people get together and play games. There is no 'House' collecting and paying bets, but rather a group of people playing against each other in some game of skill and chance. The host does not collect and pay bets, nor does the host collect a 'rake', as described below.


    Ummm oh oh... I need to be busted.

    What is the difference between this and a home game?
  • #2: The police officer did not find a game-in-progress, but did find enough gaming equipment (ie. poker chips, Craps tabletop, home roulette wheel, etc.) to make it clear enough.
    #3: The police officer did not find a game-in-progress, but did find gaming equipment on the persons of people in the house (i.e. poker chips in everybody's pockets).
    #4: The police officer did not charge you while you were found in the disorderly house, but after the keeper was convicted and it was proven that you were there, you can be charged.

    all bullshit.
  • maybe we can have a 50/50 contest to guess which forum member is next to get busted at a poker club. Then when you get busted, you have a story to tell the officer.
  • Kristy_Sea wrote: »
    #2: The police officer did not find a game-in-progress, but did find enough gaming equipment (ie. poker chips, Craps tabletop, home roulette wheel, etc.) to make it clear enough.
    #3: The police officer did not find a game-in-progress, but did find gaming equipment on the persons of people in the house (i.e. poker chips in everybody's pockets).
    #4: The police officer did not charge you while you were found in the disorderly house, but after the keeper was convicted and it was proven that you were there, you can be charged.

    all bullshit.

    How do you figure?

    Okay, under your assumption. This hole in the ground in downtown Kitchener is a place for people to hang out at. They all gather to tell their stories from work this week. It's like a Tim Horton's where they go to hang out and maybe read a book.

    Let's just ignore the fact if there is poker tables there, hall rented for the night, chips and gaming equipment........

    Come on, give your head a shake
  • Redington wrote: »
    What is the difference between this and a home game?
    Unless your home is a place for gain where it is opened, kept or used for the purpose of betting, the police won't consider it a common betting house. The gaming and betting sections of the Criminal Code do not apply to "a private bet between individuals not engaged in any way in the business of betting." Rake-free home games are legal, but you still have to be careful about the following:
    - charging for drinks or food; BYOB & BYOF is best
    - asking for donations or tips
    - advertising to the general public.
  • and you have knives in your kitchen and have now openly contradicted me....

    should we be able to convict you of uttering death threats or attempted murder?

    I strongly object to any assumptions made in the legal process, and would rather they operate on facts.
  • I agree, but, when things are that obvious, shouldn't the legal process have the ability to make some obvious assumptions?
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