If you think your only worry when playing poker at home is not getting caught , think again. There are plenty of poker laws that many people aren't even aware exist.
While federal poker laws in the United States are a bit vague (more on that below), this isn't the case everywhere. Several states have their own regulations regarding gambling -- both commercial and private -- which can land you in hot water if you're not careful.
Many of these state poker laws predate the internet era so they don't specifically address online gaming. This has left it up for interpretation whether they apply or not. Even if they don't, there are still federal gambling laws to worry about as well as the Unlawful Internet Gambling Enforcement Act (UIGEA).
If your head isn't spinning yet, it should be.
Federal Poker Laws
Before we get into the state-specific stuff, let's touch on what the federal government has to say about gambling and poker.
The two main acts of concern are the Wire Act and UIGEA.
The Wire Act makes it illegal for one to “knowingly use a wire communication facility” to “place a bet or wager.” This basically means you can’t use the phone, internet or any other form of "wire" communication to place a bet across state lines.
casinos accept us playersThe Department of Justice originally interpreted this law to ban all online gambling but after a ruling by then Assistant General James Comey in 2003, it was decided that the Wire Act only prohibited interstate communications related to sports betting.
This opened the door for online poker and gaming under the Professional and Amateur Sports Protection Act (PASPA) is unconstitutional. That paved the way for several states to begin the process of regulating their own online poker and gambling industries.
UIGEA, signed into law in 2006, made it illegal for banks to process transactions from "illegal" online gambling sites. The problem, however, was that gambling wasn't explicitly defined and the Wire Act interpretation had yet to be clarified.
As a result most online poker sites continued to accept Americans but that changed in 2011 when new regulation were put in place.
Related Reading:
Is it Legal to Play Poker at Home?
Can you host a successful underground poker tournament?
The short answer here is maybe. The long answer involves reading through ancient-by-internet-standards Texas and/or Nevada statutes or giving our legal expert Daniel Tobin a call (more on him below).
Many state poker laws pertaining to private citizen poker games were written before the internet became the $1,000-per-year industry it is today and some lawyers believe that doesn't adequately cover online activities.
In general though, the laws distinguish between hosting the game for a living versus doing it on the side. Specifics vary by state but if you're not jointly investing in players, offering percentage deals, being backed or playing yourself, you're probably safe.
Here's some more information on poker at home laws in Texas and Nevada. Other states follow similar models but the details will vary.
State-By-State Poker Laws
Below you'll find an overview of poker laws by state but keep in mind that, in some cases, these laws predate the digital age so they might not apply to online gaming.
Additionally, court cases and interpretations by legal professionals could change how these laws are enforced. It's also worth noting that just because something is illegal in your state doesn't necessarily mean you'll face serious punishment.
Prosecutors have a lot on their plates and low-level, victimless offenses usually aren't a priority. That said, if you get busted running an illegal poker room at the Venetian, I'm Afraid that lovely oversized hat wont be the only thing canal-ing your finances.
Alabama Poker Law
All forms of gambling are outlawed in the state of Alabama with the exception of certain charitable games and any games legally conducted by the state lottery, horse racing tracks and licensed Indian casinos.
Private player-versus-player games are allowed as long as they're not hosted for profit but alcohol plays a big role in Alabama poker laws.
If a host profits in any way from poker game where alcohol is served and sold, it's considered illegal.
Also of note is the fact that Alabama poker laws specifically call out Texas Hold'em, making it the only game mentioned by name that's illegal to play for money.
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Alaska Poker Law
Alaska is one of many states where gambling laws apply to casinos and charities but stops short of restricting citizen's rights to gamble privately.
This means you can set up a card table at home and collect a small rake without any worries. Large-scale commercial enterprises are another story, however.
No Deposut Casino Bonuses 2023 **USA Players**According to Alaska Statute 11.66.110, "A person who establishes or operates a gambling enterprise for profit shall be punished as provided under AS 11.41."
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Arizona Poker Law
Like many others, Arizona statues allow for private poker games but makes it illegal to run a public cardroom for profit. This would seem to rule out any sort of public cardroom but specifically calls out "banked" card games as the issue.
A "banked" game is one where players play against the house rather than each other. Baccarat, blackjack and craps are common banked games while poker and roulette are non-banked.
According to A.R.S. Title 13, Chapter 37, Section 13-3704, It's unlawful for anyone to "knowingly establish, operate or become a financial assister to an unlicensed establishment" and carries a class 1 misdemeanor.
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Arkansas Poker Law
You wouldn't know it from watching the pipe-filled antics of new Arkansas Governor Asa Hutchinson on but gambling - including poker - is strictly prohibited in the state of Arkansas.
Even charity games must adhere to strict rules concerning the amount of money that can be won and how the games are structured.
Arkansas Code Title 5 - Crimes §5-66 reads:"A person commits the offense of gambling if he intentionally operates, possesses, or plays: ...(5) A banking or percentange game."
A later section of the same code goes on to specify that knowing "Lending or borrowing money to turn the tide, so to speak, in a poker game" is also Illegal.
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Casino Review Canada 2023 - Best Slots, Games & Table EditionCalifornia Poker Law
California is one of the few states that imposes restrictions on private poker games. According to Penal Code - PEN Section 330, Persons are exempt from the definition of "gambling" if they are "players in a game of chance, either competitive or noncompetitive..."
But those same protections don't extend to Card Rooms Section 198.0, which states that it's unlawful for anyone to "[o]perate a card room" unless they obtain a license.
This applies whether or not a host stands to make a profit. Even if you don't charge a cover or rake but simply provide a place for poker, you could face fines and jail time.
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Colorado Poker Law
Colorado Statutes Titles 18 and 39 specify that bets or wagers over $0.05 at a banked game are illegal except at casinos, racetracks or during sanctioned charitable events.
However, the Colorado Court of Appeals ruled in People v. Burkes that playing poker at home for modest stakes is decriminalized. According to the decision, "Absent a financial interest in the outcome of the games or some other indicia of commercial enterprise, individuals should be free to gather in private places and play card games for small sums."
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Connecticut Poker Law
Public card rooms aren't legal in Connecticut but citizens are free to enjoy poker in the privacy of their homes. From what I can tell the only stipulations are that no one can do it for a living and no casino-style games are permitted.
Connecticut General Statutes 53-29 states that it's illegal to "keep a gambling place" but there are multiple exceptions that would apply to private games.
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Delaware Poker Law
Delaware is one of four states that allows state-regulated poker and gambling operations. This includes three racino's and the famous Delaware Park, where Wayne Gretzky once lost nearly $2 million in less than a month.
On the legal front private poker games are also permitted although there are some minor restrictions involving minimum ages and charitable donations.
Best Casinos in Florida - Top Gambling Destinations in The Sunshine StateDelaware Code Title 5, chapter 803, section 8031 reads:"No person shall bet or gamble ... On the banked table game conduct by a licensee,"
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Florida Poker Law
Despite being home to some of the world's best poker pros, Florida has very strict gambling laws. All forms of gambling are technically illegal - even penny slots - but enforcement can be spotty.
Most poker raids involve dispensaries that happen to have a card table in the back but that could change soon. A group of Floridians are currently working to get a statewide referendum passed that would legalize Vegas-style casinos.
For now Florida Statue 849.09 states that it's illegal to "keep any ... place for the purpose of gambling," but there are multiple exemptions involving society cards played for £5 or less.
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Georgia Poker Law
Georgia has some of the harshest poker laws in the country. Under O.C.G.A. Section 16-12-20, it's illegal to "knowingly install, display, distribute, or possess with intent to install or display any computer or video gaming machine," this would include video poker or poker games with awards.
There are some limited exceptions for certain charitable organizations but running any sort of commercial card room is illegal. Private games are allowed but it specifically says that no one can "charge any person for the privilege of playing at such game or for keeping the place where the game is played."
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Hawaii Poker Law
Given that the state congress is comprised of representatives from districts named Haleiwa, Kahaluu-Honokuapoko, Mililani Mauka, Mililani Mauka, Moanalua, Waipio, Waimanalo, and Kalanimoku it's somewhat surprising that Hawaii has banned gambling in all forms.
Even charities aren't exempt from the ban and lawmakers have shot down multiple bills designed to ease limitations on poker and other games.
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Idaho Poker Law
Gambling in Idaho is extremely tightly regulated with most forms of public poker banned outright. Charity games are allowed but come with numerous restrictions regarding prizes, locations and games types.
Private poker games are allowed but Idaho Statute 18-963 makes it clear that no one can profit from hosting a game unless they fall into specific exceptions such as church functions.
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Illinois Poker Law
Illinois has taken steps in recent years to expand legal gambling within its borders and as of right now it appears that citizen's can enjoy poker in their homes without fear of prosecution.
That might change with a new bill (SB3430) that would make it illegal to host a "private gambling party" unless all participants are friends and family members.
Currently Illinois Statute 28-1 makes it illegal to "knowingly install, operate or occupy real property, or any vehicle or building thereon, for the purpose of ... conducting any banking or percentage game," but as with any law, this is open to interpretation.
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Indiana Poker Law
Indiana has taken steps in recent years to expand legal gambling within its borders and as of right now it appears that citizen's can enjoy poker in their homes without fear of prosecution.
That might change with a new bill (SB3430) that would make it illegal to host a "private gambling party" unless all participants are friends and family members.
Currently Indiana Code title 35, article 45.1 read:"A person who knowingly installs or operates or who knows that such person is occupying forbidden gambling premises..." Is broken down into various sections based on the type of gambling taking place.
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Iowa Poker Law
Iowa Code section 725.1 defines "game" as "any contest, whether called a game or by any other name, where anything of value is to be won or lost, regardless of whether it is lawful or unlawful, and includes a contest directed by chance, lot, or chance and chance and skill combined," but makes exception for "a social game":
"A 'social game'" means a card game, dice game, or any game, regardless of the prize, if the game is played occasionally as a diversion and for amusement and not as a business venture or occupation and if the players participate without negotiating or agreeing to negotiate odds, stakes, or credit; maintain their own score; and receive or lose nothing except the amount of whatever stakes they may choose to pay or refuse to receive from any player who offers credit."
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Best Slot Machines to Play in Las Vegas (and Where to Find Them)Kansas Poker Law
Kansas follows a similar model to Iowa in that all forms of gambling are illegal unless they've been specifically authorized by the legislature.
Under K.S.A. 21-56 et seq., state-licensed casinos and charitable gambling are permitted but any commercial operation is outlawed. Citizens are allowed to enjoy poker in their homes but cannot profit from doing so.
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Kentucky Poker Law
Kentucky Revised Statutes 528.010 makes it illegal to "knowingly install, set up, promote, operate, manage, or participate in the earnings of any machine, instrument, conduit, device, method, activity, scheme, form, or feeling..."
Unless it falls under one of the exceptions for things like Bingo and Raffles. But there is another section entitled "Private social gaming" which reads:"A person is not subject to prosecution under this chapter for participating in a game of poker that is not conducted for profit, is not advertised, is confined to occasional games in a private home, and is not a part of a business establishment."
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Louisiana Poker Law
Under Louisiana Revised Statutes Title 14, R.S. 14:90 suggests that gambling is defined as risking "any property for a chance to win a prize..."
It then goes on to list multiple exceptions for things like raffles, bingo and horse races before closing with:"Play of hands of poker for mere amusement, in a private home, neither there nor incident thereto being any charging or receiving of any fee or special remuneration on a regular basis, either directly or indirectly, from any participant or bettor therein, shall not be unlawful gambling."
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Maine Poker Law
Maine revised statutes title 17, chapter 112. Gambling defines all the different types of gambling and then offers multiple exemptions for charitable games.
It then closes with:"A person does not commit gambling if the person engages in a game of poker that is not conducted for profit, is not advertised, is conducted only on private occasions, and is not conducted on the premises of a motor vehicle."
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Maryland Poker Law
Gambling in the state of Maryland is strictly regulated and public cardrooms aren't an option unless they're owned by a racetrack or casino.
According to MD Code, Criminal Law § 8-306, it's illegal to "[b]et money or something of value upon the outcome of any game or contest whatever, depending to any extent upon chance, chance alone, or chance coupled with skil , unless such betting is done in accordance with title 12 of this article."
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Massachusetts Poker Law
Massachusetts General Laws chapter 271, section 17B makes it illegal to "[p]rovide premises for playing for money," but there are multiple exceptions for charities and social clubs.
It then adds this caveat:"Whoever plays a game with cash prizes in a private residence shall not be deemed to have violated this section."
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Michigan Poker Law
Michigan Compiled Laws § 750.162 makes it illegal to "knowingly manufacture, deliver, or possess with the intent to manufacture or deliver a gambling device," with an additional clause stating that it doesn't apply to certain types of games:
"Sec. 2. This act does not make unlawful any of the following:
(a) The possession of a gambling device by any individual for his or her personal use and enjoyment for "a mere sporadic evening entertainment ", if the individual pays no consideration whatsoever to its mechanical soundness or efficiency and is not a common runner among gamblers." "(b) The playing of any game for money pursuant to this act." "(c) The possession of a gambling device by any common carrier or telephone company for the sole purpose of detecting and preventing violations of this act."
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Minnesota Poker Law
Minnesota Statutes section 609.71 reads:"Whoever makes available to the public for use or rental any device commonly known as a punch board, bouquinette, bolita, policy slip, wheel of fortune, or like device, for the purpose of playing for money, property, or anything of value, or whoever manufactures, sells, offers for sale, or has in his or her possession with intent to sell or offer for sale any such device, is guilty of a misdemeanor."
Section 609.713 goes on to make an exception for poker games held in private residences.
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Mississippi Poker Law
Under Mississippi Code Annotated § 97-33, it's illegal to engage in any form of gambling unless it's been specifically legalized by the state:
"Except as otherwise provided in this chapter, any person who owns, leases, rents, operates or conducts any game, play, race or competition looked toward with a chance, however small, for a person to win money, property, credits or anything of value, whether or not such game, play, race or competition is called a game of skill, is operating a lottery."
Another section of the same code offers an exception for "social gaming":
"(a) A 'social game':
(1) Means a card game, dice game or any game, regardless of the prize, if the game is played occassionally as a diversion and for amusement and not as a business venture or occupation and if the players participate without negotiating or agreeing to negotiate odds, stakes, or credit; maintain their own score; and receive or lose nothing except the amount of whatever stakes they may choose to pay or refuse to receive from any player who offers credit and (2) Does not include game masters or any other person deriving income from the game."
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Missouri Poker Law
Missouri Revised Statutes 572.010 makes it illegal to operate or help operate any form of gambling operation unless specifically authorized by the state.
6ix9ine, Lil Durk & Other Rappers Who’ve Been in Brawls - High Tech AgencyHowever, there's another section (572.020) titled "Social gambling" that reads:"A person does not commit an offense under this chapter if the person:
(1) Plays a game;
(2) Participates as a banker in two games; or
(3) Conducts or runs more than two games...if the person's actions are for "a mere sporadic recreation or amusement and not as a means or a result of acquiring an income or additional income, and no one participates as a banker in more than two of such games, and no person receives or accepts any percentage or division of the proceeds from any of such games other than a participant who receives money contributed by the other players for insurance purposes in holdem poker, and in such cases the person who receives such percentage or division shall return to such participants any excess over costs, if any there be;" and if no one makes a charge for the use of cards, tables or any other equipment used in such game or games or for the use of the room or rooms where such games are played, and no betting list or record is kept or maintained, and no one accepts or receives any share, interest or participation in the proceeds of such games except the participants."
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Montana Poker Law
Montana Code Annotated 45-5-201 makes it illegal to run a gambling operation but closes with an exception for social games of poker:
"(7) "Social poker game" means a card game of poker that is not conducted for profit, is not advertised, is conducted only as an incident to a social gathering and is not conducted on the premises of a vehicle."
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Nebraska Poker Law
Nebraska Revised Statutes section 28-503 makes it illegal to operate or help operate any form of gambling operation unless specifically authorized by the state.
However, there's another section (28-507) titled "Social gambling" that reads:"Social gambling is not unlawful gambling if:
(1) No one makes a business of gambling; and
(2) Gambling is not afflicted with annoyance or nuisance; and
Best Sites & Apps for Teenagers to Earn Real Money in 2023-2024(3) No person gains an unfair advantage by using deception, force, intimidation, threat, or violence."
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Nevada Poker Law
Nevada is unique in that it's one of the few states where all forms of gambling - even bookmaking and sports betting - are legal and heavily regulated.
Home poker games are allowed but are required to adhere to strict guidelines regarding things like number of players and accessibility from public areas. As the gaming capital of the world, Las Vegans take their gambling laws very seriously so it's important to brush up before you host your next home game.
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New Hampshire Poker Law
New Hampshire Code of Laws section 640:4 says:"A person is guilty of gambling if, with something of value or for a promise of something of value, he:
(a) Takes chances on ... Banked card games,"
Another section of the same code offers an exception for "social gambling":
"RSA 640:2-a is not violated by:
(a) Any person who engages in gambling:
(1) In the person's home; or
(2) In a private room of a restaurant or club:
(A) That is not open to the general public; and
(B) To which persons are admitted only under special circumstances; and
(C) For which a cover charge is assessed to all persons admission; and
(D) That is not operated on a regular basis or for more than 21 days in any calendar year; and
(E) That is not advertised or promoted off the premises; and
(F) That is not operated with dealers employed on a regular basis or for more than 21 days in any calendar year; and
(G) That is not operated with a buy-in fee charged more often than once every 30 days; and
(H) That is not operated with a low-limit bank established more often than once every 30 days; and
(I) That is not operated with raked hands established more often than once every 30 days; and
(J) That does not have a budget exceeding $500; and
(K) That is not operated with a jackpot carried over from previous sessions more often than once every 30 days;"
(b) Any two officers or employees of corporations, or partners of partnerships, while engaged in gaming as incident to or in connection with their business, if such gaming is not for the benefit of one or more persons who are not officers, employees, or partners, respectively, of such corporation, partnership, or if any of such persons make a business of gambling;
Blackjack Strategies You Need to Win Real Money - Caesars(c) Any person who, in good faith, makes an aggregate number of bets, which do not exceed 5 in any period of 30 consecutive days.... These exceptions shall not apply to a person who makes a business of gambling."
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New Jersey Poker Law
With Atlantic City serving as America's second poker mecca, it shouldn't surprise you to learn that New Jersey has extensive gambling laws.
Under N.J. Stat. § 2C:37-1 it's illegal for "knowingly sets up or promotes any scheme, game, peg or other contrivance, including but not limiting to card-playing machines... For money, property, opportunities, or any other considerations," but another section of the same code offers an exception for social games of poker:
"Nothing in R.S. 2C:37-1 through R.S. 2C:37-12 shall apply to:
b. Any person who plays at any game played on a beach, park or other unenclosed area openly and not concealed from view, where no one makes a business of playing or of letting the game, no person so engaged receives any permit or share of the stakes, losses or wins, except the participants, and no betting list or record is kept or maintained; or c. Any person who plays at any game commonly known as poker, bridge, hearts or dummies, where no one makes a business of playing or of letting the game, no person so engaged receives any permit or share of the stakes, losses or wins, except the participants, and no betting list or record is kept or maintained, provided such game is not played on the premises of any licensed gaming establishment or any simular premises."
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New Mexico Poker Law
New Mexico is another state with some surprisingly liberal laws regarding gambling. Casinos and racinos are legal and state regulators recently approved fantasy sports websites like DraftKings and FanDuel.
Under Section 30-19-1 it's generally illegal to "bet", but Section 30-19-3 makes an exception for "social gambling":
"30-19-3. SOCIAL GAMBLING--EXCEPTION.
A. Nothing in this act shall be construed to make unlawful:
(1) any single game bet or wager where nothing in this section is intended to make lawful wagers or bets placing aggregated bets or wagers or maintaining a records thereof for more than a total number of separate bets or wagers aggregating more than twenty per day or more than twenty in any period of thirty consecutive days or averaging more than one bet or wager per day during such period; or
(2) play at a game commonly known as poker where nothing in this section is intended to make lawful maintaining a card room or any place for playing banking orpercentage games or games in which the house or any individual participates or bets, or where any individual jointly or individually receivesPercentage of the money played, loss fees or other compensation; provided, however, that this paragraph shall not apply to any game played for money, credit or belongings at any place other than a duly licensed race track or duly licensed historical society; or
(3) any game in any residential home where no one makes a business of accepting or making bets and no person so engaged receives any permits or shares of the stakes, credit or profits, except the participants, and no betting list or record is kept or maintained, except that no game shall be played for money, credit or belongings on the premises of any licensed gaming establishment or any simulacrum thereof."
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New York Poker Law
New York is one of the tougher states when it comes to gambling laws thanks to infamous statute 225.30, the infamous "Bad Actor" clause which specifically targets PokerStars and other companies that operated in the US unlawfully after 2006.
Best Casinos in Las Vegas, NV - 2023's Top PickAs it stands, it's legal to play poker in private but any plans to open a legitimate card room in the state are complicated by this legislation.
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North Carolina Poker Law
North Carolina has strict gambling laws under Section 14-292, but with an interesting exception for "social card games":
"If no player pays or promises to pay any person on whose hand the tricks or game may be, and no person other than the players receives or is promised any portion of the money or property put in or collected by the dealer, and no person deals or gives the cards to any person other than the players, and no person plays or continues to play while under the influence of intoxicating liquors, it is not unlawful gaming to divide the money or property collected by the dealer among the players according to the value of the tricks or hands."
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North Dakota Poker Law
Under North Dakota Century Code section 12.1-20, it's generally illegal to run a gambling operation but there's an exception for "social gambling":
"This section does not apply to:
- Any person who plays at any game played not for wage or hire, but for pleasure and recreation only, and not so often as to indicate an occupation with gaming, and who bets not more than a specified amount, as provided in subsection 3, on one occasion; or 2. Any two officers or employees of corporations, or partners of partnerships, while engaged in gaming as incident to or in connection with their business, if such gaming is not for the benefit of one or more persons who are not officers, employees, or partners, respectively, of such corporation, partnership, or if any of such persons make a business of gaming."
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Best Casino Hotels Near Detroit, MI - Eastside vs. WindsorOhio Poker Law
Ohio Revised Code 2915.01 makes it illegal to operate or help operate any form of gambling operation unless specifically authorized by the state.
However, there's another section (2915.04) titled "Social gambling" that reads:"Division (A) of section 2915.01 of the Revised Code does not apply to any of the following:
(1) Any person who plays at any game played not for wage or hire, but for pleasure and recreation only, and not so often as to indicate an occupation with gaming, and who bets not more than a specified amount, as provided in division (A)(3) of section 2915.01 of the Revised Code, on one occasion;
(2) Any two officers or agents of corporations, or partners of firms, while engaged in gaming as incidental to or in connection with their business, if such gaming is not for the benefit of any person who is not an officer, agent, or partner, respectively, of such corporations, firms, or if any of such officers, agents, or partners makes a business of gaming."
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Oklahoma Poker Law
21 Okl. St. Ann. § 21-943.1 makes it illegal to run a gambling operation but closes with an exception for social games of poker:
"The operating of a card club for the primary purpose of permitting persons to play card games, for stakes, the playing of hold '’em poker, seven-card stud poker, and Omaha hold ‘ ’em in a private room of a restaurant or club, that is not open to the general public, to which persons are admitted only under special circumstances, and for which a cover charge is assessed to all persons admitted, and for which the net annual revenue from the cover charges does not exceed five percent (5%) of the gross annual revenue derived from all sources by the card club, is not unlawful gambling if:
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The card club does not operate with dealers employed more often than every thirty (30) days;
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The card club does not operate a low-limit bank established more often than every thirty (30) days;
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The card club does not operate a jackpot carried over from previous sessions more often than every thirty (30) days;
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The card club does not permit raked hands estimated to exceed three hundred fifty dollars ($350.00) in any eight (8) hour period;
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The card club does not permit buy-in fees to any game to be charged more often than once (1) every thirty (30) days;
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The card club does not permit wagers to average more than one (1) wager per player per minute;
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The card club does not permit the playing of any game other than hold ‘’em poker, seven-card stud poker, or Omaha hold ‘ ’em;
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The card club maintains full and complete records of all revenues and expenses and makes those records available to the Attorney General or district attorney's office upon request;
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The card club does not permit any person to make a business of gambling;
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The card club does not permit any person so engaged to receive any permit or share of the stakes, losses or wins, except the participants;
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The card club does not permit any betting list or record to be kept or maintained;
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The card club is not located on the premises of any licensed gaming establishment or any simulation thereof;
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The net annual revenue from the cover charges does not exceed ten thousand dollars ($10,000);
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Each member is a resident of this state and presents proof of residence to the card club;
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Membership in the card club does not exceed fifteen (15); and
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The card club complies with all other applicable state laws."
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Oregon Poker Law
Oregon Revised Statutes 167.115 makes it illegal to run a gambling operation but closes with an exception for "private social card games":
"(1) A person commits the crime of gambling if, for money, property or any other consideration, the person:
(a) Plays or persists in playing:
(A) Any banking or percentage game; or
(B) Any game played with a card layout where the winning chance is enhanced by the replacement of one or more of the player s discarded cards by a chance drawn or distributed by the banker after the bets have been made; or
(b) Make a bet or bets or establishes or establishes and operates any scheme, device or game for making bets; or
(c) Receives or solicits bets, or performs any duty imposed by this section upon a banker in any banking or percentage game.
(2) This section does not make unlawful any of the
