Arizona Online Gambling Laws

Arizona gambling laws allow most forms of gambling. Given the state’s proximity to Nevada, Arizona lawmakers decided long ago they would legalize many forms of gaming to keep the tax revenues in the state. Arizonans were going to be gambling anyway, so it only made sense to keep a percentage of those entertainment dollars in-state.

Though it has a reputation for conservative politicians, Arizona’s GOP has a long history of more libertarian ideas (Barry Goldwater) when it came to their citizens’ activities. That means Arizona has 22 land-based casinos, including tribal and commercial casino operators. It means Arizona has a variety of race tracks, racinos, and off-track betting facilities.

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Arizona State Gambling Laws

Laws That Pertain to Arizona Gambling

Arizona is a permissive state when it comes to gambling laws. The Arizona Constitution has large sections on its gaming regulations, including blocks of definitions for the betting terminology. The quotes below should give readers an idea of the statutes. The upshot is Arizona lawmakers are serious about their gambling laws and regulations. They want residents to play, but play legally.

Definition of Gambling

Arizona defines gambling as “…one act of risking or giving something of value for the opportunity to obtain a benefit from a game or contest of chance or skill or a future contingent event but does not include bona fide business transactions which are valid under the law of contracts including contracts for the purchase or sale at a future date of securities or commodities, contracts of indemnity or guarantee and life, health or accident insurance.”

Thus, if you are risking cash on something that is not a business investment, stock market investment, or purchase involving a contract, then it is considered gambling. Even a game of skill that has a degree of chance is considered gambling. Luckily, most forms of gambling are legal in Arizona.

Definition of Regulated Gambling

Gambling conducted in accordance with a tribal-state gaming compact or otherwise in accordance with the requirements of the Indian gaming regulatory act of 1988 (P.L. 100-497; 102 Stat. 2467; 25 United States Code sections 2701 through 2721 and 18 United States Code sections 1166 through 1168); or

(b) Gambling to which all of the following apply:

(i) It is operated and controlled in accordance with a statute, rule or order of this state or of the United States.

(ii) All federal, state or local taxes, fees and charges in lieu of taxes have been paid by the authorized person or entity on any activity arising out of or in connection with the gambling.

(iii) If conducted by an organization which is exempt from taxation of income under section 43-1201, the organization’s records are open to public inspection

(iv) Beginning on June 1, 2003, none of the players is under twenty-one years of age.

Arizona’s legislature spent a lot of time defining what regulated gambling is. Thus, an illegal act of gambling would best be defined by going down the list above and using process of elimination. In Arizona, most gambling is regulated, taxed, and legal.

Definition of Social Gambling

No player receives, or becomes entitled to receive, any benefit, directly or indirectly, other than the player’s winnings from the gamble.

(b) No other person receives or becomes entitled to receive any benefit, directly or indirectly, from the gambling activity, including benefits of proprietorship, management or unequal advantage or odds in a series of gambles.

(c) Until June 1, 2003, none of the players is below the age of majority. Beginning on June 1, 2003, none of the players is under twenty-one years of age.

(d) Players “compete on equal terms with each other in a gamble” when no player enjoys an advantage over any other player in the gamble under the conditions or rules of the game or contest.

Home games of cards are covered by the statute on social gambling. These are player-versus-player games where neither player has a built-in advantage, which in this context means either a house edge or a rake. Of course, poker players have different skill levels, but that isn’t the point. Social casino games might fit under this law, which would make social casinos legal in Arizona. Of course, social casino games might be considered amusement games and therefore fit under the next law.

Defining “Benefit from Gambling”

“Except for amusement or regulated gambling, a person commits [a violation] of benefiting from gambling if he knowingly obtains any benefit from gambling.”

The definition of “benefitting” from gaming is increasingly important in social gaming. Is benefitting only a monetary benefit? Does it mean enjoying the game or being entertained? A lawsuit in Washington State defined a “thing of value” not necessarily something won, but something spent — thus social casinos were considered gambling. If such a definition applies, then a benefit could mean virtually anything. But Arizona isn’t Washington.

Is Gambling Legal in the State of Arizona?

Most forms of land-based gambling are legal in the State of Arizona. Online gambling is not authorized, probably because the land-based casino operators do not want the competition. Gov. Doug Ducey stated in November 2018 his support for sports betting legalization, though the Arizona Gaming Department has not changed its policies banning sportsbooks.

One reason for the Gaming Department’s reluctance to change the sports wagering law is the requirement it would have to change the gaming compact. For that reason, expect to see the Arizona state legislature take up the issue instead of the existing regulators. For the time being, most other forms of conventional brick-and-mortar gambling are legal.

Arizona Gambling Laws

Type of Gambling – Offered/Licensed? – Notes & Restrictions

• Online Gambling – No – No online poker or casinos yet.
• Land-Based Casinos – Yes – Both commercial and tribal casinos.
• Charitable Gaming – Yes – Arizona has bingo halls and pull-tab gaming.
• Lottery Betting – Yes – State Lottery (1980), Powerball (1994), Mega Millions (2010).
• Minimum Gambling Age – 21 for casinos, lotteries, pari-mutuels. 18 for bingo, pull-tabs.

Is Online Poker Legal in Arizona?

Arizona Online Poker Laws

Arizona online poker is not licensed or regulated. Plenty of online gamblers sign up at poker sites, casino sites, and online sportsbooks. That is done in an unregulated market, though, so players should beware when they do so. Though many legal live poker venues exist in Arizona (or perhaps because of it), online poker is done through offshore online cardrooms.

Is Sports Betting/Daily Fantasy Sports Legal in Arizona?

Sports betting is more likely to be legalized in the near future. Eilers & Krejcik estimates that 32 US states will legalize and regulate sports betting in the next 5 to 7 years. While Arizona is not at the top of the list, it’s on the list of the 32 likely to regulate sportsbooks. Gov. Doug Ducey supports legal sports betting, so he likely will sign any bill the legislature passes.

Daily fantasy sports operators like DraftKings and FanDuel are active in Arizona, tough, though they also operate in an unregulated market. Stacy Stern of the Fantasy Sports Trading Association said she has spoken with Arizona Attorney General Mark Brnovich and he claims DFS gaming is a banned form of gambling in his opinion. Brnovich said daily fantasy sports would be under the heading of banned “amusement games”.

Despite the Arizona AG’s stance on DFS sites, Mark Brnovich has never issued an official opinion on the subject, so DraftKings and FanDuel still accept real money play from DFS owners. If anyone sponsors a sports betting bill in Arizona in 2019, it would not be surprising to see daily fantasy sports added to the list of approved games.

Does Arizona have land-based casinos?

Yes. Arizona has a variety of tribal casinos, with 22 land-based casinos operating in the state at present. A few of the casinos carry the name of commercial casino operators, such as Harrah’s Phoenix Ak-Chin Casino Resort. While the Ak-Chin Indians own the resort, they pay Harrah’s (Caesars Entertainment) to manage the operation. It is similar to and the reverse of the deal Morris Bailey made in 2012 for his Atlantic City property, Resorts Casino, as he hired Mohegan Sun to manage the operation.

Both have proven successful, because the longstanding casino corporation has the skills, resources, and database to manage a first-rate casino. For that reason, you’ll find a few semi-commercial casinos in Arizona or, better put, casinos which feed the Caesars Entertainment comps program and accepts Caesars rewards.

CASINOS

Does Arizona have any legal betting tracks / shops?

Yes, Arizona has 6 horse tracks and 2 dog tracks which are still operation. Each offers pari-mutuel betting and simulcast with OTB facilities. The tracks are spread throughout the state, so most residents should be within comfortable traveling distance of a race book.

DOG TRACKS

HORSE TRACKS

Does Arizona allow off-track betting?

Yes. Arizona also has over two dozen off-track betting facilities. If you can’t find a dog track or horse track near you, then you should be able to find an OTB facility which offers simulcasting. Below is a sampling of the off-track betting facilities in Arizona. The list includes American Legion posts and the Gallagher’s chance of OTBs.

OFF-TRACK BETTING

Does Arizona allow charitable gambling?

Yes. While they aren’t as numerous as in some state, you’ll find many bingo halls throughout the state. For instance, the Phoenix-Tempe area has 3 bingo parlors. Tuscon, Scottsdale, Yuma, and a variety of other towns and cities also have charitable bingo halls. Here is a small sampling of what you’ll find.

BINGO HALLS