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2010 Oregon Attorney General Reports and Opinions 1 (2010)

handle is hein.sag/sagor0040 and id is 1 raw text is: JOHN R. KROGER MARY H. WILLIAMS Attorney General Deputy Attorney General DEPARTMENT OF JUSTICE GENERAL COUNSEL DIVISION January 22, 2010 Lieutenant Glenn Chastain Oregon State Lottery/Security Division 500 Airport Road SE Salem, OR 97301 Re: Opinion Request OP-2010-1 Dear Lieutenant Chastain: Gambling is unlawful in Oregon unless the legislature specifically authorizes it. See ORS 167.122 (participating in unlawful gambling as a player is a Class A misdemeanor); ORS 167.127 (promoting or profiting from unlawful gambling is a Class C felony); ORS 167.117(24) (unlawful means not specifically authorized by law). For these purposes, gambling does not include social games. ORS 167.117(7)(c). To qualify as a social game, a game must be between players and must not have any house player, house bank, house odds, or house income. ORS 167.117(21). But the legislature did not define any of those terms except player. This raises questions as to whether certain games qualify as social games. You ask us to interpret several key terms in the definition to clarify the circumstances in which a game will meet the criteria for the social-game exception. Below, we set out your specific questions and our short answers, followed by a discussion. QUESTIONS AND SHORT ANSWERS As used in ORS 167.117(21)'s definition of social games, what do the following mean: Question 1: The requirement that the game be between players? The requirement that a social game be between players means that any person betting in a social game must qualify as a player under ORS 167.117(16). Question 2: House? As used in the definition of social games, house means: (1) all private businesses, private clubs, and places of public accommodation where social games occur, including their owners, managers and employees; and, (2) any person who operates what would otherwise be a social game for profit rather than for social purposes. Operates for those purposes includes any action described in ORS 167.117(18) that materially aids the game. 1162 Court Street NE, Salem, OR 97301-4096 Telephone: (503) 947-4540 Fax: (503) 378-3784 TTY: (800) 735-2900 www.doj.state.or.us

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