This is definately not legal.

These guys are idiots. They could probably get away with running the place for a long time if they kept it low key. But no they insist it is legal and they will flaunt it, inevitably they will force the cops to shut them down.

Nothing in the New York statute depends on whether a game takes a rake or or a membership fee or time charge. In fact no one has to profit from the game for it to be illegal.

People who play in the games are not criminally liable because the criminal statute does not apply to one who is only a player (though there wagers are still not legal). Anyone who acts beyond a player (a dealer, operator, owner, etc.) is committing a misdemeanor.

Illegal clubs operate all over the place. I did not realize how prevalent they were until I started playing at one. They for most part are left alone by the cops as long as there is no trouble.

One club I played in got robbed. The robbers came in with a gun and went straight to where the money was kept. They left and then apparently decided they didn't get enough so they came back in but this time one of the players fought back, a player ended up getting shot (I wasn't there that day but I know the participants) The guy running the game was on probation for bookmaking. The news reports quoted the cops as saying that it was a friendly home poker game held in someones house. The thing is that if you ever saw the place you would instantly know that it was card room (so the cops basically were covering up the illegal nature of the club).

Another club I played in got raided by the State Police. The raid was for a bookmaking operation which basically operated out of the club, but the poker game was in seperate area. I never saw any bookmaking going on, but I am not shocked by the charges. Anyway, the poker game was going on when the troopers came in. The troopers took all the money from the game and took the names of all the players. the players were given their money back the next day. No cahrges were filed based on the Poker Game.

But when an outfit like this decides to pretend that they are legal they push the envelope, and pretty soon the cops have to bust up the game to keep these card rooms from popping up everywhere.