Online Gambling NY

New York gambling laws allow several forms of gaming, but lag behind other US state gambling laws when it comes to online gambling. NY state has plenty of land-based casinos and race tracks, but its legislature has not legalized sports betting, online casinos, or online poker. Lawmakers are considering sportsbook and online gambling bills in 2019, but both remain in doubt at present.

The NY government is missing out on hundreds of millions of dollars of revenue each year from online gambling. New York charitable gambling is substantial, with hundreds of bingo halls. The New York State Lottery was one of the first lotto games in the country and remains a powerhouse in the Powerball and Mega Millions multi-state lottery associations. Meanwhile, New York’s land-based casino industry includes tribal casinos and commercial casinos.

New York Casinos

New York has 4 commercial casinos and over a dozen tribal casinos. Because new developments like Del Lago Resort, Rivers Casino in Schenectady, and Resorts World Catskills struggled to meet revenue projections, some analysts believe the gaming market is oversaturated. Tribal casino believe the new casinos are a drag on their businesses.

New York City has two land-based slots casinos. Resorts World Queens on the site of Aquaduct Raceway and Empire City Casino on the site of Yonkers Raceway are the only two gaming facilities in the greater New York metropolitan area. The New York Gaming Commission does not want to place venues in the city, because it would hurt the Upstate New York casinos even further.

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Online Gambling NY – New York State Gambling Laws

Laws That Pertain to New York Gambling

Like most states, New York defines gambling with fine language. New York’s legislature spent a lot of time on the concept of a “contest of chance”, with two separate passages dwelling on this definition.

Section 225.00(2)

A person engages in gambling when he stakes or risks something of value upon the outcome of a contest of chance or a future contingent event not under his control or influence, upon an agreement or understanding that he will receive something of value in the event of a certain outcome.

The element of chance is a key factor in New York gambling. This partly is defined as an event not under a person’s control or influence.

Section 30-19.1(B)

“Contest of chance” means any contest, game, gaming scheme or gaming device in which the outcome depends in a material degree upon an element of chance, notwithstanding that skill of the contestants may also be a factor therein.

A contest of chance might be a game of pure chance, or it might be a game based “in a material degree upon an element of chance”. This means bets on games which has a high degree of skill — like poker, sports betting, or DFS — are considered a contest of chance, because these games have some element of luck.

Sec 225.00(3)

A person who gambles at a social game of chance on equal terms with the other participants therein does not otherwise render material assistance to the establishment, conduct or operation thereof by performing, without fee or remuneration, acts directed toward the arrangement or facilitation of the game, such as inviting persons to play, permitting the use of premises therefor and supplying cards or other equipment used therein.

Social casinos are specifically exempted from New York gambling laws. A “social game of chance on equal terms” in which neither person works for the organizer is legal. Well, it’s legal if no “fee or remuneration” is involved.

Is Gambling Legal in the State of New York?

Is Online Poker Legal in New York?

No, but State Sen. John Bonacic and Assemblyman Gary Pretlow have submitted online poker bills several times. The bill passed in the NY Senate, but died in the General Assembly. On two occasions, online poker NY looked as if it had a real chance to succeed. It should be noted that online casinos have never been included in New York online betting bills, because casino resorts fear their effect on table games and slots revenues.

As 2019 opens, John Bonacic has retired and Joseph Addabbo has taken his place as the chairman of the Senate Racing, Gaming, and Wagering Committee. From that perch, Sen. Addabbo has sponsored a new online poker bill. With a new legislature, the bill might pass this time. Before we discuss the future, let’s take a look at the past.

New York Online Poker Laws

Name of Bill – Year Submitted – Lawmaker – Supported – Opposed

• Senate Bill 18 (S18) – 2018 – John Bonacic – Gary Pretlow – Senate passed, House opposed.

State Sen. John Bonacic sponsored several versions of Senate Bill 18, which would legalize online poker but not online casinos. S 18 proposed to classify New York poker as a game of skill, which would make it legal in New York state. In 2015 and 2016, various versions of S 18 passed in the New York Senate, but failed in the General Assembly.

Once, Gary Pretlow wanted to speak with officials in New Jersey‘s Division of Gaming Enforcement before supporting it. The next year, Pretlow tried to pass the betting bill before a late June recess, but budgets talks consumed the remaining time in the session.

With John Bonacic’s retirement from the New York Senate in December 2018, Sen. Jospeh Addabbo became the main sponsor of the New York online poker bill in 2019 and beyond (if needed).

2019 New York Online Poker Bill

On January 9, 2019, State Sen. Joseph Addabbo introduced Senate Bill 18, which would legalize online poker in New York state. This is the 7th straight year that the New York State Legislature has considered an online poker bill, so it is uncertain whether Abbaddo’s bill will be any different.

The key passage of SB 18 states: “Allows certain interactive poker games be considered games of skill rather than games of luck; includes definitions, authorization, required safeguards and minimum standards, the scope of licensing review and state tax implications; makes corresponding penal law amendments.”

Is Sports Betting / Daily Fantasy Sports Legal in New York?

Online and mobile sports betting is not legal in New York, though Sen. John Bonacic filed the S 7900 New York sports betting bill in the Senate in 2018. Still, more than one Las Vegas sportsbook operator has determined sports betting eventually will be legal in New York.

In December 2018, MGM Resorts bought Yonkers Raceway, which contains Empire City Casino (racino), hoping it would become a sportsbook one day. Meanwhile, Caesars Entertainment signed a partnership deal with the Oneida Indian Nation (OIN) to operate a sportsbook at the Oneida tribe’s three New York casinos: Turning Stone, Point Place, and Yellow Brick Road Casino.

Jeff Gural’s Tioga Downs has a sportsbook deal in place with Paddy Power-Betfair, if New York’s legislature ever passed a sports betting bill. Even Las Vegas Sands has begun making political friends in New York, in hopes of one day building a casino and sportsbook in the Albany area (according to New York media reports).

Does New York have land-based casinos?

Yes. New York has 17 tribal casinos owned by a variety of tribes, including the Seneca Nation and the Oneida Indian Nation. The tribal casinos are spread throughout the Upstate New York area. Nine race track-casinos or “racinos” exist in the state at places like Tioga Downs, Yonkers Raceway, and Aquaduct Raceway in Queens.

CASINOS

Does New York have any legal betting tracks / shops?

Yes. New York has 3 traditional race tracks and 9 race track casinos. These are the located throughout western New York, the Finger Lakes region, and the Catskills. Belmont Park is the most famous horse track in New York. Each year, Belmont Park is home to the Belmont Stakes – the third and final leg of horse racing’s Triple Crown.

If the winner of the Kentucky Derby goes on to win the Preakness Stakes at Pimlico, Belmont Park becomes the center of the horse racing, betting, and sports world for one Saturday evening in early June. ‘If the Triple Crown isn’t on the line, then the Belmont Stakes is a bit of an afterthought.

The full list of New York race tracks can be found below.

Horse Tracks

Horse Track Racinos

Does New York allow off-track betting?

Yes. New York has a variety of off-track betting facilities. These OTBs have simulcasting for over 200 tracks throughout the United States. Dozens of off-track betting facilities exist across New York state. Here is a sampling of the prominent OTBs in the state.

Off-Track Betting

Does New York allow charitable gambling?

Yes. Charitable gambling takes the form of raffles instead of bingo halls, though New Yorkers can find bingo gambling in tribal casinos and local charities. The Bronx, Queens, and Brooklyn all have bingo halls. The aggregate prize maximum is $6000, while the maximum single prize limit for bell jar games increased is $1000. The threshold for unlicensed raffles sits at $30,000.

Category 2 raffles no longer require a GCVS2 filing at the conclusion of a raffle. Effective June 16, 2018, Chapter 464 allows the sale of online raffle tickets and mobile raffle tickets.

Bingo Halls

Is Social gaming allowed in New York?

Yes. Online social casinos like Zynga, Double Down, Slotomania, and Big Fish Games are available for New Yorkers. MyVegas by MGM Resorts is also available. MGM Resorts owns Yonkers Raceway & Empire City Casino, so MyVegas social casino offers MGM Resorts rewards points you can use at the Yonkers facility.

Private poker games among friends are technically banned, but you aren’t likely to get in trouble if you don’t charge a rake. New York authorities busted high roller poker games with Wall Street bankers and Hollywood celebrities, which had perhaps $100 million in poker rake. If that isn’t your intention, a private card game likely won’t be raided.