[Michlib-l] Answer to Bunko question

[Patricia Braden]

Hi all, 

Thanks for your responses to my query about Bunko in the library. Below is information from Library of Michigan, Library Law Specialist, Clare Membiela. In the end, I decided not to do it. 




Hi Patty: 



Ok, so like many things in the law, this is a bit of a grey area! 



The Michigan Gaming Control Board statute defines a gambling game as: 



“(v) “Gambling game” means any game played with cards, dice, equipment or a machine, including any mechanical, electromechanical or electronic device which shall include computers and cashless wagering systems, for money, credit, or any representative of value, including, but not limited to, faro, monte, roulette, keno, bingo, fan tan, twenty one, blackjack, seven and a half, klondike, craps, poker, chuck a luck, Chinese chuck a luck (dai shu), wheel of fortune, chemin de fer, baccarat, pai gow, beat the banker, panguingui, slot machine, any banking or percentage game, or any other game or device approved by the board, but does not include games played with cards in private homes or residences in which no person makes money for operating the game, except as a player.” 



The Michigan Penal Code, Gambling laws state: 



750.314 Winning at gambling. 

“Sec. 314. 

Any person who by playing at cards, dice, or any other game , or by betting or putting up money on cards, or by any other means or device in the nature of betting on cards, or betting of any kind, wins or obtains any sum of money or any goods, or any article of value whatever, is guilty of a misdemeanor if the money, goods, or articles so won or obtained are of the value of not more than $50.00. If the money, goods, or articles so won or obtained are of the value of more than $50.00, the person is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00.” ( emphasis added ) 

I found much legal authority and discussion on casual card games (such as “poker night” at your house), bowling, charity games, etc., but nothing either exempting or including Bunco. It seemed to me that if there was no mention and the law didn’t exempt it, that it is probably illegal, but because this activity is pretty popular (there are Bunco clubs all over the state), I decided to call the Michigan Gaming Control Board to ask how they would treat Bunco clubs. 




Here is what they said: 



It is technically illegal to play Bunco if players can win cash or prizes – even in their own home. 

HOWEVER, the person I spoke to at MGCB indicated that if the club is a small group of friends and the venue (ie the library or the homeowner, etc.) is not profiting from the event, so the only people winning money are the players, and the amount of money involved is small , “No one is going to go after them.” 



So, you are probably ok as long as it’s just a gathering of friends. 



Have fun! 

Clare 




Clare D. Membiela, MLS, J.D. 

Library of Michigan 

[ mailto:MembielaC at michigan.gov | MembielaC at michigan.gov ] 

[ callto:517-335-8132 | 517-335-8132 ] 

Patty 

Patty Braden, Director 
Romulus Public Library 
11121 Wayne Road 
Romulus, MI 48174 
734-942-7589 
www.romuluslibrary.org 

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