Legal Question in Business Law in California

Is Backgammon considered Gambling?

I would like to know if Backgammon is considered Gambling. I want to start a tournament in my area and want to make sure it is a legal to do. If it is legal I would also like to know what percentage of the money collect for the tournament must be used for prize money. I have seen on some tournaments that they give about 80% - 90% of the money to the winners of the tournaments. Please Let me know what the law on this issue.

Thank You


Asked on 6/18/01, 8:57 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Is Backgammon considered Gambling?

Penal Code section 330 makes operation of a game of chance a misdemeanor. This section names many games specifically and backgammon is not among them, but there is some catchall language affecting other unnamed games of chance.

I found one case saying that backgammon is not a game in which chance predominates, even though the moves are governed by the throw of dice. See Looff versus City of Long Beach (1957) 153 Cal. App. 2nd at page 174.

This suggests in a preliminary way that backgammon is not gambling. I can't assist you or comment on the percentage pay-out. I think you run some risk of being accused of gambling and having to defend yourself, although the Looff decision would be useful in defense.

You might try contacting the district attorney in your county to see if they would be willing to give you an informal opinion whether your plan would in their opinion subject you to prosecution. There could be local ordinances that I am not aware of.

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Answered on 6/28/01, 2:37 pm


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