Under the Criminal Code, any game of poker that is not specifically licensed by the relevant provincial or territorial gaming regulator is covered by either Section 201 or Section 204 of the Code. Section 201(1) makes it an indictable offence for to "(keep) a common gaming house or common betting house" with a maximum penalty of two years' imprisonment, while Section 201(2) makes it a summary offence to be "found, without lawful excuse, in a common gaming house or common betting house" with a maximum penalty of six months' imprisonment and/or a $5,000 fine. On the other hand, Section 204(1)(b) provides that "a private bet between individuals not engaged in any way in the business of betting" is exempt from the provisions of Section 201, and thus is not unlawful. This has been consistently interpreted to mean that a poker game taking place in a dwelling house is legal in Canada, so long as the host is not taking "rake" or otherwise directly profiting from hosting the game. 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.