An underground poker room usually generates revenue by collecting rake or other house fees while not being a licensed gaming operator.
Organized crime groups, such as the American Mafia, often host, provide protection for, or are otherwise involved in high-stakes underground poker games.
Underground poker venues can also generate revenue by selling food and beverages or by offering side games such as blackjack or craps.
Whether a poker game played on a similar "not for profit" basis somewhere other than a dwelling house (for example, in the warehouse of a small business) also enjoys the exemption of Section 204(1)(b) is disputed.
The actual penalties imposed for hosting or participating in illegal poker vary widely, and appear to depend greatly on the sensibilities of the presiding judge(s).
For example, in 2011 a Winnipeg man (on appeal) won a conditional discharge despite having pleaded guilty to the more serious charge of keeping a common gaming house, meaning he did not get a criminal record.
But this is not always the case, for example in 2012 several Sudbury men were fined for the less serious charge of being in a common gaming house, meaning they did get criminal records.
The New York Police Department, however, closed these clubs in the summer of 2000 during the Rudolph Giuliani administration's law and order campaign[citation needed].