When is a party not a party?
Two unrelated items grabbed my attention this morning, both raising the question about where to draw the line between presumably legal social gatherings and illegal, unlicensed events. The first incident occurred Saturday afternoon when San Mateo police say they raided a home for an illegal gambling operation. Authorities say they have been watching the home for several months after neighbors complained about parking problems and weekly traffic in and out of the house. Police report they confiscated three poker tables, chips, cards and $1,300 in cash. There was also a 13-year-old in the house, which added charges of contributing to the delinquency of a minor to gambling-related charges for the people arrested in the incident.
The report led me to think: When does a poker party become a illegal gambling operation?
The second incident popped up on the San Jose police log. Officers raided what they say was an illegal bar/nightclub in the 700 block of Park Avenue. According to the log, about 150 people were inside a “clandestine location” where live rap and DJ music was being performed and liquor was for sale. Four people were arrested for operating a bar without a license and possession of controlled substances for sale.
Ignoring the controlled substance part (as there’s never a legal venue for that) when does a gathering — or party — become an illegal bar/nightclub?
Interesting questions to ponder and one you should consider before hosting a big party.
The answer to your first question: it’s not illegal to assemble in a private home and play poker. In this specific case, all cars were legally parked and no neighbors had ever mentioned a problem to anyone at the poker parties. The events were quiet and there was no loud music, screeching tires, etc. Why were the police investigating? Because of a legal technicality that prevents an unlicensed poker room from making a profit. The money in question was $5…yes, just $5…from each participant for food and drinks. On the night of the raid, there were 20 people there, for a total “profit” of $100. I think anyone spending less than $100 on food and drinks for 20 people would be called a cheapskate. Instead of warning the homeowners about this and letting the players start bringing their own refreshments, several police officers spent large amounts of tax dollars playing poker (very badly) undercover and having a good time. When does embezzling taxpayer dollars become a crime?
Wow, so the criteria is how much they paid for drinks and food. And since Harvey’s gives free drinks, they should be allowed to locate next to your house. Get real, this was a continual and persistent gaming house. You can call it all you want, but these people wwere running a card game and maybe selling a little dope on the side. I don’t want that in my neigborhood and neither should you, unless of course you live in Reno.
Skept To Call: If any drugs had been found, that would have been mentioned in the press release provided by the San Mateo Sheriff’s Office. It was not. Maybe you should base your opinions on reality, instead of trying to bring others into your fantasy world.
It just sounds like SMPD has too much time on their hands. What a waste of tax payer money! Geez. Next time, just ring the doorbell and tell them the neighbors are complaining about the parking. Cripes! That was not a casino that they busted. What a complete waste of tax payer money. Who’s running the PD? Andy Griffith?
On the second question, if you’re selling booze, you’re probably acting like a bar. So I can see that’s a problem.
I’d like to weigh in further on what a douchebag Skept to Call is. Someone’s already hollered at him for his complete fabrication of dope charges…these cops were obviously throwing the book at these poor people, they would have added drug sales for sure if they could have.
My deeper concern, however, is his comment that “I don’t want that in my neighborhood AND NEITHER SHOULD YOU.” (Emphasis added).
This issue is about people’s right to privacy in their own homes. Homeowners should have every right to entertain in their homes in the manner they see fit. The $5 charge this homeowner levied was minimal; it was obviously a true food/bev charge and not a “rake.” Thus, nothing seriously illegal (in the call-in-a-riot-squad sense of illegal) was going on…if you read the reports, you’ll see only misdemeanor charges brought, and no felonies.
This case is a shining example of the growing problem of neighbor-fascists like Skept trying to enforce their lifestyle onto their neighbors. If you like poker (as legions of respectable citizens do), you should be able to play in your home, invite whomever you choose, play as late as you like, and use the public street for your guests’ vehicles. You worked hard for that house and the rights it brings with it.
You can see Skept’s comment reverberating all over the country in the abuse of condo association regulations, local ordinances, and of course, the police. We have a system where one neighbor can use these community-building tools as weapons to enforce their ideas onto an entire neighborhood. A man’s home should be his castle…this is one of the founding principles of this country and one of the most basic defenses against tyranny we have in the U.S.
That’s the reason this issue has gained so much attention. Good people are terrorized by the implications of this raid. I for one am deeply concerned that some asshole like Skept is going to call in an armed police raid on my home for the most minor infractions of the law. Did I leave my trash on the curb an extra day? Give me a ticket…don’t call the SWAT team. Or better yet, BE MY NEIGHBOR and come talk to me yourself, you antisocial coward. I’m friendly and would be glad to work something out. It seems this owner of a “continual and persistent gaming house” was the same as me, since he had many people coming to his home and enjoying his company.
I’d like to sign off by noting the irony underlying all this: poker is so freakin’ AMERICAN. Hell, the army hands out playing cards along with the MRE rations as a basic necessity of life. Next we’re going to be putting someone’s kids in juvenile hall for selling lemonade without a license because it’s a “continual and persistent black market operation.”
Wow! Everone read Human’s comment…it’s long but really interesting. The guy is so right on.
Let’s just take up a collection to move “Skept to call” to Reno. Then everyone’s happy.