You asked if nonprofit organizations may legally conduct poker games in Connecticut as fundraisers. The Office of Legislative Research is not authorized to give legal opinions and this report should not be construed as one.

It does not appear that nonprofit organizations may legally conduct poker games as fundraisers. By law, they may conduct, subject to Division of Special Revenue (DSR) regulation, certain specified gaming activities, collectively referred to as charitable games. Poker is not among them. The law defines poker as gambling (CGS Section 53-278a). It is illegal to gamble, solicit or induce others to gamble, or be present when others are gambling. A violation is a class B misdemeanor, punishable by imprisonment of up to six months, a fine of up to $ 1,000, or both (CGS Section 53-278b).

The law exempts people from prosecution and punishment for playing poker (and gambling generally), when such gambling is “incidental to a bona fide social relationship,” as long as no one, other than the participants, receives anything from the game. Also, the Mashantucket Pequots and the Mohegans may legally conduct poker games at the two tribal casinos. They may do this under agreements with the state that give them the exclusive right to conduct “commercial casino games” in exchange for a monetary payment to the state (25% of gross slot machine revenue from each tribe).

Both the DSR, which regulates gambling, and the Attorney General have indicated that the hosting of poker games or tournaments at commercial bars or similar establishments violates state law (see attached letters). As far as we have been able to determine, neither one has issued a ruling specific to nonprofit organizations.

The gaming activities that nonprofit organizations may currently conduct as fundraising activities include bingo, bazaars, raffles, and sealed ticket sales (see OLR Report 2005-R-0754 attached). Additional information on charitable gaming is available by contacting DSR at 1-800-338-6331 or (860) 594-5480 or by visiting the division's website at: http: //www. ct. gov/dosr/site/default. asp.

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