Poker Tournaments In Mass

Important MA Notes

1. Poker Tournaments In Mississippi
2. Poker Tournaments In Massachusetts

• ­Poker players in MA can play legally at offshore poker sites
• ­iGaming is being explored in the state legislature
• ­Casino gambling is now fully legal, including poker
• ­Casinos with poker rooms are set to open in 2019
• ­Neighbor states offer many tribal options for poker players

• Online poker is currently not regulated in the state of Massachusetts and as such you won’t be able to find and play on any local card rooms online. While online play is still possible through off shore poker sites, this is a bit of a grey area and carries associated risks.
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Every Poker player has their own unique playing style, and one professional Poker player who plays very conservatively and one who has won many Poker Tournaments and has picked up a huge amount of winnings recently is Dan Harrington who was born and bred in Cambridge which is of course in Massachusetts!

Since Massachusetts has not specifically legalized operating online poker websites within their state, it is deemed illegal but it is federally legal to play at offshore sites. The current interpretation of this act is that individual states can legalize intrastate online gambling, except sports betting, by passing the required legislation.

Future Outlook of Online Poker in Massachusetts – Estimated date of legalization: 2018-2019

The following graph tracks our expected legislation of online poker in Massachusetts on a state law level. It is currently already legal on a Federal level. This graph monitors the current rise or fall of expected legalization.

Recent Activity
Ever since the Massachusetts Casino Bill in 2011 was enacted into law (Expanded Gaming Act) allowing for three land casinos in the state, interest in legalizing online poker has increased. Several attempts have been made to introduce bills for regulation of online gambling in the state. Amendment to H 3400[A] recognizes the reality of online poker in the state. Section 1A of the proposed amendment states: “(1) since the advent of the internet and despite the enactment of the federal law entitled Unlawful Internet Gambling Enforcement Act of 2006 (“UIGEA”), 31 U.S.C. §§ 5361-5367 (2006), hundreds of thousands of Massachusetts consumers have been playing internet poker through websites controlled by illegal off-shore businesses.”

Senators Bruce Tarr and Jennifer Flanagan are representatives of the online gambling proponents in Massachusetts and have been involved in many of the initiatives. As reported in an article in Telegram.com[B], Flanagan expressed the future outlook of online poker when she said, “This isn’t a debate over whether you like gaming or not, this is a debate over the fact that we have to move to online gaming to protect state revenues.” Many of these attempts have borne fruition. Land casinos are expected to open in mid 2018 and the drive for online poker is already underway.

Current Gambling Laws in Massachusetts

Illegal gaming is defined under Chapter 4 Section 7[C] of the General Laws of Massachusetts. It states, “Illegal gaming, a banking or percentage game played with cards, dice, tiles or dominoes, or an electronic, electrical or mechanical device or machine for money, property, checks, credit or any representative of value, but excluding: (i) a lottery game conducted by the state lottery commission, under sections 24, 24A and 27 of chapter 10; (ii) a game conducted under chapter 23K; (iii) pari-mutuel wagering on horse races under chapters 128A and 128C and greyhound races under said chapter 128C; (iv) a game of bingo conducted under chapter 271; and (v) charitable gaming conducted under said chapter 271.”

Chapter 137[D] of the General Laws of the Commonwealth of Massachusetts allows for recovery of gambling losses under specified situations. Section 1 states that the losses can be recovered by the loser from the winner. Section 2 states that the losses can be recovered even from the owner of the gambling house.

Part IV of the General Laws deals with Crimes, Punishments and Proceedings in Criminal Cases. Chapter 271[E], Crimes Against Public Policy, deals with gaming. Section 2 provides for punishment for illegal gambling. It states, “Whoever, in a public conveyance or public place, or in a private place upon which he is trespassing, plays at cards, dice or any other game for money or other property, or bets on the sides or hands of those playing, shall forfeit not more than fifty dollars or be imprisoned for not more than three months; and whoever sets up or permits such a game shall be punished by a fine of not less than fifty nor more than one hundred dollars or by imprisonment for not less than three nor more than twelve months. If discovered in the act, he may be arrested without a warrant by a sheriff, deputy sheriff, constable or any officer qualified to serve criminal process, and held in custody, in jail or otherwise, for not more than twenty-four hours, Sunday and legal holidays excepted, until complaint may be made against him for such offense.”

History of Gambling in Massachusetts

Land Based Poker in Massachusetts

Home poker games are neither explicitly made illegal nor are explicitly exempted from the definition of illegal gambling. Patrick Fleming, an attorney at law, construes home poker being illegal because card games of chance are illegal. But he adds that there have been no arrests or raids on home poker games.

Section 7A of Chapter 271, which deals with charitable gambling, does not specifically permit holding of poker tournaments for charity. However an advisory[G] issued by the Attorney General states that the “bazaars” referred to in the statute includes games of chance such as roulette, craps, blackjack and poker, including Texas Hold’em. However, the qualifying conditions will have to be adhered to.

Pursuant to the establishment of the Massachusetts Gaming Commission[H] vied Chapter 23K[I] of the General Laws, the Commission is empowered to issue gaming licenses for three casinos where live poker would be legal.

Elsewhere, the legality of live poker would hinge on the skill versus chance argument. In the Attorney General advisory referred to earlier it was stated, citing Commonwealth v. Plissner, 295 Mass. 457, 463-64 (1936), “With reference to cases where both elements are present, the rule generally stated is that if the element of chance rather than that of skill predominates, the game may be found to be a lottery.” The advisory assumes that chance dominates skill in all forms of poker, thereby making live poker illegal under the General Laws, except as exempted. However, the advisory points out “Massachusetts appellate courts have not been called upon to determine whether traditional forms of poker are considered games of chance rather than skill.”

Gambling Laws in Massachusetts

Massachusetts residents have access to gambling through lottery, racetracks and charitable events. Casino gambling has been permitted and is in operation.

In November 2011, Massachusetts passed an act to introduce casino gambling and constituted the Massachusetts Gaming Commission as the regulatory body. As per the provisions of the act the commission will license three casinos and one slots parlor. The three casinos will be located in three separate designated areas of the state. On June 13, 2014, MGM was the first to be issued a license (scheduled to open in August of 2018) and Wynn was the second on September 16, 2014 (scheduled to open in June of 2019). The third license has yet to be issued. Penn National Gaming was issued the slots-only parlor gaming license. MGM’s casino will cost $960 million and Wynn’s will cost $2.4 billion.

A committee had been formed to work towards repeal of the Casino Act. It approached the Massachusetts Attorney General to include a ballot to this effect in the November 2014 referendum. On November 4, 2014, voters in Massachusetts upheld the 2011 casino law by a 60% – 40% margin.

Tribal Casinos
The Mashpee Wampanoag Tribe had signed a gaming compact with the Massachusetts governor. In October 2012, the Bureau of Indian Affairs rejected the gaming compact because of the high percentage of gross revenue the tribe would have to pay. The tribe then negotiated a new gaming agreement and has applied for a casino license for the Southeastern Region. In October 2013, the Massachusetts House approved a revised compact[J]. This will have to pass the Senate and then be approved by the Bureau of Indian Affairs.

Riverboat Casinos
Riverboat casinos do take on board residents from Massachusetts cities like Gloucester and Lynn. These casino cruises are neither sanctioned by the state legislature nor operate under its oversight. Since the actual gambling takes place outside of Massachusetts limits, the riverboat casinos are not subject to the state laws. It is like Massachusetts residents going to neighboring states to gamble.

Pari-mutuel was legalized in Massachusetts in 1935. The same year, the first racetrack opened at Suffolk Downs in East Boston. Plainridge Racecourse opened in 1999 as a harness horse racing track in Plainville, offering both live and simulcast racing. Raynham Park offers simulcast racing. The Northampton County Fair hosts thoroughbred horse racing in September each year. Greyhound racing is conducted at the Raynham-Taunton Park in Raynham and the Wonderland Park in Revere. Initially horse racing was conducted under the oversight of the Massachusetts State Racing Commission. From 2012, the Division of Racing of the Massachusetts Gaming Commission took over this responsibility.

The Massachusetts State Lottery[K] was established by the legislature in 1971 and functions under the oversight of the Massachusetts State Lottery Commission. The laws related to the lottery can be found in Chapter 271 of the Massachusetts General Laws. Various draw games, instant games, pull tabs and keno are conducted by the Massachusetts State Lottery. The national Mega Millions and Powerball tickets can also be purchased in Massachusetts.

In January 2013, Massachusetts Senator Jennifer Flanagan introduced Bill S 101[L] seeking to allow online sale of state lottery tickets within the state. The bill also proposes the addition of a limited number of games like keno or scratch cards, with the provision for interstate agreements. The state treasurer Steven Grossman supported the initiative. He said, “The threat from the Internet is imminent. Doing nothing is not an option. We need to move forward and test appropriately.” The bill has been referred to the committee on Consumer Protection and Consumer Licensure with the concurrence of the House.

Various charitable gambling activities are permitted under Massachusetts law. Chapter 271 Section 22B read with Chapter 10 Section 37 permits the state lottery to license organizations to conduct the game of beano provided that the funds derived therefrom shall be used exclusively for educational, charitable or religious purposes. Section 38 of Chapter 10 outlines the terms and conditions for the conduct of such games. Under Section 7A of Chapter 271, specified types of organizations can conduct raffles after obtaining the requisite permissions. Similarly Section 22A of Chapter 271 permits the conduct of card games, bridge and whist, for prizes.

Author:Joseph Falchetti (twitter)
(C) Copyright PokerWebsites.com, 2018

References and Citations

Table Of Contents

Up until now, the world's collective response to combatting the threat of the coronavirus has been lockdowns and self-isolation for those who had been potentially exposed to a virus that has killed almost 1.5 million people and infected more than 63 million.

Now comes the next stage of the fight: an effective vaccine. There have been five major vaccine candidates that have been undergoing clinical trials in order to be approved.

The United Kingdom became the first country to approve a vaccine when they announced the Pfizer/BioNTech vaccine was safe to be rolled out. This particular vaccine offers up to 95% protection against Covid-19 illness, boosting hopes that those most vulnerable to the virus can be inoculated before the end of the year.

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The Poker World Waits

Live poker has been essentially non-existent for much of 2020. After Spring, travel restrictions and bans on mass gatherings forced major tournaments such as the World Poker Tour, European Poker Tour and World Series of Poker online.

Recently, some casinos have begun to reopen with tournaments taking place across various US states, and the vaccine renews hopes that 2021 will see the return of live poker to the rest of the world.

'2020 has been a tough year for everyone,' said Winamax Team Pro Romain Lewis. In 2019, the Frenchman cashed for almost $850,000 across seven countries in nine different poker festivals. By comparison, in 2020 Lewis has registered just one cash, back in February.

That being said, Lewis says it's 'impossible to complain' considering the pressure so many people have faced with their jobs and financial situations.

'Being able to sit down and work on the game and other life aspects without too much pressure in itself is for me a good year.'

The Return of Live Events

So with vaccines beginning to be developed and released, when will the live events properly return to the poker schedule? Even with a limited number of US events beginning to return, PokerNews Europe/ROW Live Reporting Manager Yori Epskamp believes these things will take time.

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'The return [of live events] in the EU will be a little slower than the US because of different governments, rules, and travel restrictions between nations.'

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'However, if the first series of tournaments in the US are any indication to go by, it’s that players are eager to start playing again. We’ve all missed it a great deal', he said.

With many countries still in various stages of lockdown, the timeline is difficult to accurately map out. But Epskamp believes that certain operators may put out 'feeler series' during the first half of 2021.

'I'm expecting there will be a live WSOP in some form or shape come June, but it'll not come close to what we've come to expect in previous years. A full return to live poker as we knew it won’t be before 2022 at the earliest.'

The Absence of Live Poker

Epskamp (pictured) says it has been a 'surreal' year with no live poker.

'I never suspected such a thing was even remotely possible. We were expecting to send reporters to EPT Monte Carlo and the WSOP in Las Vegas; then corona struck out of nowhere. No live poker is a huge miss for poker in general.'

Lewis agreed and said he hoped that tournaments will be back again soon.

'I'm no specialist, but when the pandemic broke out I thought we would be back playing by EPT Barcelona. How wrong was I! I hope we'll get to Vegas next summer but I do doubt that, to be honest. Everyone is excited to get back and play huge tournaments!'

Poker Tournaments In Massachusetts

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The Vaccine

The extent to which a vaccine will lead to a return to 'normal' live poker events is unclear. Up until now, tournaments have stressed the importance of players washing their hands and wearing masks, with many installing plexiglass screens to separate the players.

The return of a live World Series of Poker comes with its own issues, with organizers announcing that all in-person tournaments, domestic and international will be 'subject to special COVID rules and procedures.'

Obviously, no details have been released about any tournaments requiring players to have been administered with the vaccine in order to play. However, the release of a reliable vaccine providing immunity to the virus is a positive step on the road to live poker returning.