Request By:
Mr. Joseph McCarthy
M & M Distributing, Inc.
2322 Hampton
St. Louis, Missouri 63139
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: (Miss) Pat Douglas Davis, Assistant Attorney General
This is in response to your inquiry regarding the permissibility of table soccer (also known as foosball) tournaments in this Commonwealth.
It is my opinion that table soccer tournaments, played for a cash prize, by those who pay an entry fee, will not run afoul of our anti-gambling statutes. My determination is largely based upon the conclusion that table soccer is a game of skill. This factor removes table soccer from the prohibition contained in Kentucky Revised Statutes, Chapter 528, of gambling. KRS 528.010 (3) defines gambling as a contest, game or scheme wherein the participants pay something of value to play a game of chance, for which there is a prize of some value to the winner.
I have determined table soccer to be a game of skill, as opposed to a game of chance. The outcome of games of chance depends typically upon being the winning number drawn from a raffle drum, or the numbers rolled at dice, or the cards drawn in Blackjack. However, this element does not appear to be present in table soccer. The proliferation of organized tournaments, the promulgation of regulations by a governing board, the internal catagorization and classification of players and teams all lead me to conclude that table soccer is indeed a game of skill, much like tennis or golf. Common sense dictates that the above-described factors would simply not be present in a game of chance. The internal organization of players into various classifications such as rookie, novice and pro are a substantial indication that table soccer is a game of skill. The logic here is that even with years of practice, one never becomes a better bingo player, since even the most experienced bingo player cannot influence the order in which particular numbers are called - therefore, bingo is a game of chance. Yet, clearly, practice and continued play result in a better table soccer player - hence, this must be a contest of skill.
In conclusion, it is the opinion of our office that soccer tournaments are not prohibited by the anti-gambling prohibition of KRS, Chapter 528.
If we may be of further assistance, please so advise.