Is running a football pool for customers legal if there's no profit involved?

Full question:

My good friend recently had his business (nightclub/bar) shut down for 20 days and a $2000 fine because he ran some football pools at the bar. He does it just for the customers and takes NO rake or fee for himself. All of the money collected goes to the people who buy a $2.00 square. I'm sure I read somewhere that if no one profited from this type of pool, it was legal. Also there were other pools in the bar that the arresting officials did not know how they worked, so they just left them.

  • Category: Misc
  • Date:
  • State: Texas

Answer:

Under Texas law, a person commits an offense if they make a bet on the outcome of a game or contest, including football pools (Tex. Penal Code § 47.02). However, there are defenses to prosecution:

  • Gambling occurred in a private place.
  • No one received any economic benefit other than personal winnings.
  • The risks of losing and chances of winning were the same for all participants.

If your friend ran the pools without taking a profit and met these conditions, he may have a defense. However, it’s essential to note that the legality of such pools can be complex, and enforcement may vary. If he believed his conduct was permitted under the law, that could also serve as a defense (Tex. Penal Code § 47.02(c)). Ultimately, consulting with a legal professional is advisable for specific guidance.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

A bartender should stop serving alcohol when a patron shows signs of intoxication, such as slurred speech, difficulty walking, or aggressive behavior. It's important to prioritize the safety of the patron and others. Additionally, bartenders must comply with state laws regarding serving alcohol, which may require them to refuse service to anyone who appears overly intoxicated.