Sutter's Place, Inc. v. Kennedy

Opinion

MIHARA, J.

The issue before us in this case is whether certain card games become illegal “percentage” games when the cardroom operator permits multiple bets by a single individual on a single hand and utilizes fee collection practices under which a fixed fee is collected for each bet within one monetary range and a higher fixed fee is collected for each bet within a higher monetary range. We conclude that such fee collection practices do not violate Penal Code section 330’s percentage game prohibition.

Background

Plaintiff has operated a 40-table cardroom in the City of San Jose since…