The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us)



STATE OF MICHIGAN

FRANK J. KELLEY, ATTORNEY GENERAL


Opinion No. 5368

September 7, 1978

STATE BOARD OF EDUCATION:

Licensing of trade school to teach gambling skills

TRADE SCHOOL:

Teaching gambling skills

PRIVATE TRADE SCHOOLS AND INSTITUTIONS:

Teaching gambling skills

A private trade school may not be licensed to teach persons how to engage in criminal conduct.

It is not a crime to play cards or dice for recreation and amusement; therefore, it is not a violation of law to offer and teach courses in card playing and dice for amusement and recreation.

Honorable Casmer P. Ogonowski

State Representative

The Capitol

Lansing, Michigan

You requested my opinion whether a person, firm or corporation may establish a school to teach the skills necessary to obtain a position as a dealer or croupier in a gambling casino, and whether a school may teach people how to play traditional gambling games such as blackjack, poker, craps, etc.

1943 PA 148, MCLA 395.101 et seq; MSA 15.627(1) et seq, is an act to provide for the regulation and licensing of private trade schools, business schools and institutes in this state. 1943 PA 148, Sec. 1, supra, in pertinent part states:

'All private trade schools, business schools and institutes operated by any person or persons, firm, corporation or any other private organization for the purpose of teaching any trade, occupation, or vocation, shall secure from the state board of education a license issued in such form as said board may direct and in accordance with the provisions of this act . . ..' (emphasis added)

Thus, any private trade school established to teach the skills necessary to obtain a position as a dealer or croupier in a gambling casino must obtain a license under 1943 PA 148, supra.

The legislature has prohibited gambling. The Michigan Penal Code, 1931 PA 328, Chapter XLIV, MCLA 750.301 et seq; MSA 28.533 et seq. It is clear, therefore, that in enacting 1943 PA 148, supra, the legislature did not intend to license schools to teach persons how to engage in criminal conduct.

It is, therefore, my opinion that a person, firm or corporation may not establish a school to teach the trade, occupation or vocation of a dealer or croupier in a gambling casino. However, it is not a crime to play games of cards or dice for recreation and amusement. Thus, it is not a violation of law to offer and teach courses in card playing and dice for amusement and recreation.

Frank J. Kelley

Attorney General