The rake, explained at Empire Poker Club, Houston. This man is admitting to a criminal act by explaining how they take a rake from the table.
A technique, or practice, in poker is for “the house” (the poker establishment) to take what’s known as a “rake.”
A rake is when the house, usually through the dealer, takes a percentage of the pot. It’s called a rake, because the dealer literally will just rake chips right off the table from the pot before the winner gathers in all the chips.
It’s illegal to do so in Texas.
Section 47.02 of the Texas Penal Code governs whether or not a person commits an offense related to playing poker if that person: (3) plays and bets for money or other thing of value at any game played with cards, dice, balls, or any other gambling device.
Within the statute are provisions that provide defenses to prosecuting someone for playing poker if:
- the [player] engaged in gambling in a private place;
- no person received any economic benefit other than personal winnings; and
- except for the advantage of skill or luck, the risks of losing and the chances of winning were the same for all participants.
Taking a rake has been established in Texas as deriving an economic benefit from the players at the table — an illegal practice.
So, in a state where poker was a common occurrence back in the Wild West days, how does someone in modern times carve out a living running a poker establishment?
Current establishments — social clubs and private poker rooms — have taken legal advantage of the “private place” and “economic benefit” provisions outlined as defenses to gambling prosecutions.
The statute doesn’t specifically define what is an “economic benefit.” So these social clubs and private rooms have defined it themselves. The social and private poker clubs enlist the advantage of the “economic benefit” clause by not taking a “rake” or percentage of the game for hosting. Instead, they assess fees for membership or access to the clubs for the time that players spend at the gaming tables. Some clubs also profit from alcohol and food sales.