New York Online Poker Sites - Legal Poker In NY - Gambling Law. Find The Best Online Poker Sites Accepting Players From New York. Is It Legal To Play Poker In New York? New York has repeatedly stated that poker is illegal, in a tradition that goes back to the very earliest days of the state. NY sports betting and online poker New York sports betting has arrived. The first legal NY sportsbook at Rivers Casino & Resort Schenectady opened in July 2019. Online poker does not look to be imminent in the state. New York’s journey toward legalizing sports betting (both retail and online) and online poker has been a struggle. While there are no regulated legal online poker New York sites as of January 2020, players can still enjoy dozens of rooms open online to American players. We list many online poker NY sites right here that you can play at today. For an excellent history of New York’s poker evolution – from the “Goulash Joints” of the 1960s to the growth of private card clubs in the 1980s to the state’s role in the Black Friday crackdown of online sites in 2011 – see PlayNY. Here is a look at casino-based poker rooms in New York.
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Home» US Poker Laws » State Laws » New York Poker Laws
Relevant state code: PEN§225.00 et seq.; 47A:101 et seq.; RW&B 47A§518
New York is now guaranteed a prominent spot - albeit a somewhat infamous one - in the history of online gambling thanks to the state's role in online poker's Black Friday. We'll talk more about that role later on; for now, let's turn to discussing the fairly strict approach New York takes with regards to unregulated or illegal gambling. That discussion starts with New York's statutory definition of gambling:
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.
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.
… and continues with the statutory definition of 'contest of chance' under New York law:
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.
'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.
New York law, then, would seem to employ the same 'Material Degree' test used by states such as Missouri or Hawaii to determine whether a given game is a game of chance. However, gambling law expert Joseph Kelly believes that New York law actually relies on the Dominant Factor Test to define an act as gambling, arguing that the statutory language reflects a long-forgotten oversight rather than legislative intent. Either way, if gambling is not explicitly authorized by law in New York, it is considered illegal by default.
Let's talk about penalties. Players are in good shape in New York; there are no direct charges associated with participating in illegal gambling as a mere player. Operators, however, face a broad arsenal of criminal charges, including promoting gambling (misdemeanor to felony depending on the size of the activity) and associated racketeering and tax violations.
There were 8 felony charges related to gambling in New York during 2011. We were unable to locate reporting for misdemeanor charges related to gambling in the state, but a handful of recent news stories such as this one suggest that - at least in some regions of the state - authorities are actively investigating illegal gambling operations.
What Forms of Gambling Does New York Allow Legally?
There is a state lottery in New York, horse racing tracks that allow pari-mutuel wagering (online wagering also accepted) and a variety of tribal gambling options such as Turning Stone that offer a gambling lineup relatively similar to a Vegas casino. For complete details regarding tribal gambling in New York, refer to this FAQ from the New York State Racing and Wagering Board.
Social gambling does enjoy an express exemption from New York gambling law. Remember, players are not subject to any charge under New York law. The statutory definition of 'player' further exempts those who operate a game purely for social purposes:
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.
The law makes no mention of stakes in the definition of player, so it would appear that a social game of poker played for any stakes is legal under New York law for both the players and the host.
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.
The law makes no mention of stakes in the definition of player, so it would appear that a social game of poker played for any stakes is legal under New York law for both the players and the host.
As for charitable gambling, it's available in multiple forms: Bingo, raffles, casino nights and bell jars. All charitable gambling is overseen by the New York State Racing and Wagering Board, which hosts complete details on the rules and regulations governing charitable gambling at their website.
Can I Play Poker for Real Money Legally in New York?
In a licensed tribal facility, yes.
The social gambling exception provided in New York state law would seem to permit private games of any stakes, as long as no one profits from operating the game.
Poker is not a form of charitable gambling allowed by New York law, so there's no such thing as a legal charity poker game in New York.
With all of that said, it's important to remember that there is essentially no criminal liability for players under New York law. That means while a given game itself might be illegal, participation in the game doesn't carry any threat of charge. Put simply: There appears to be no criminal risk for poker players in new York, regardless of how they choose to play poker.
Are Online Casinos and Poker Sites Legal in New York?
While New York law does not specifically address the act of online gambling, recent events have made it clear that officials believe that existing New York statutes extend cleanly to gambling conducted over the Internet. We're referring, of course, to the so-called Black Friday indictments that were largely predicated on a violation of New York state gambling law.
That being the case, individual poker players and gamblers do not appear to have anything to fear should they decide to place a bet or play a hand or two of poker online, as New York law simply does not provide any clear charges or penalties for those who act solely as participants in illegal gambling activity.
New York Gambling Laws: Fun Facts
While Las Vegas features a prominent New York-themed casino - MGM's New York , New York - the commercial casino housed behind the skyline replica would not be legal in the city it mimics. Commercial gambling is currently illegal under the New York constitution.
While Las Vegas features a prominent New York-themed casino - MGM's New York , New York - the commercial casino housed behind the skyline replica would not be legal in the city it mimics. Commercial gambling is currently illegal under the New York constitution.
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New York: Online Gambling News & Developments
While not directly related to online gambling, Governor Cuomo's recent push to amend the state constitution to allow commercial gambling would likely be a necessary precursor for online gambling regulation.
New York, along with Illinois, was the catalyst for the recent DOJ position switch on the Wire Act. The two states requested legal clarification on the applicability of the Wire Act to selling lottery tickets online, a request that resulted in the official change of position by the DOJ in late 2011.
What are the Chances That New York Regulates Online Poker?
Given New York's request to the DOJ for legal clarification regarding online lottery sales, it's clear that there's at least some interest in regulating online gambling in Albany. How much interest, and what exact form regulations would take, are separate questions.
Regulation seems fairly likely when you consider the following factors: Governor Cuomo appears to have zero qualms about expanding gambling and has shown the political ability to successfully shepherd controversial bills through the legislature. With a population of roughly 8 million, New York would seem a fair candidate for supporting an intrastate online poker room. Finally, regional competition could spur New York to action sooner than other states; neighbor Delaware recently passed online gambling regulation, and New Jersey is apparently on the cusp of passing similar legislation.
Dampening the potential to some degree: A lack of legislative history with the issue and the absence of any apparent industry advocate with a presence in the state. Tribal interests could also prove to be a formidable roadblock depending on how regulation is structured.
All in all, we would evaluate New York's chances of regulating online poker to be far better than the chances of a typical US state.
By August 8th, 2019 | Last updated on August 9th, 2019
Home » Poker News » New York Online Poker Officially Dead in 2019
It is official. Online poker is not going to happen for New Yorkers in 2019. It was mostly decided several months ago, but there is now no doubt that the issue is dead for the year.
Some lawmakers focused all of their energy on mobile sports betting, and several of them continue to fight for an expanded market with online sports wagering. The New York State Gaming Commission is even behind the idea, so it may be just a matter of time.
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Meanwhile, online poker fans and players are left wondering what happened. New York was considered a “sure thing” for several years, a state that had numerous supporters in the legislature and the backing of several lobbying groups.
Now, the subject is off the table for 2019 and seems to have no momentum to even be revisited in 2020.
Short-Lived Hopes in 2019
New York State Senator Joe Addabbo started the year strong with an online poker bill. He introduced it on January 7, and S.00018 was to change the law to reflect that “certain interactive poker games to be considered games of skill rather than games of luck.”
That bill established that 11 interactive poker licenses would be available to applicants willing to put up an $10 million licensing fee for a 10-year license and pay 15% in taxes on gross gaming revenues.
While that bill went to the Senate Racing, Gaming and Wagering Committee two days later, State Assemblyman J. Gary Pretlow was preparing to introduce his companion bill as A.04924. He offered it up on February 5, and it, too, went to its companion committee.
Ny Legal Online Poker Sites
And that was that.
The NYS online poker bill this morning pic.twitter.com/h996qTMfLJ
— Brian Pempus (@brianpempus) June 20, 2019
The bills were not pushed on their own or as a part of any gambling expansion bills. Despite Addabbo saying that online poker was “inevitable” for New York, he eventually realized that any gambling bills were going to be too difficult.
He told Online Poker Report last month, “I thought sports betting was kind of a low-hanging fruit. I couldn’t even get the low-hanging fruit, and you want me to get a ladder to go for online poker? Forget about it. That ladder isn’t even for sale in our state.”
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Well, online poker isn't happening yet again in New York. After some momentum in past years, it seems like it's a long ways off right now. https://t.co/KOOgApH73N
— OnlinePokerReport (@OPRupdate) July 3, 2019
Little Hope for 2020
In that same OPR article, Addabbo admitted that it could be some time before online poker is a consideration for lawmakers. He said mobile sports betting is the priority, and once it is legalized, the industry is going to have to prove that it can properly address problem gambling to the satisfaction of naysayers and special interest organizations.
“We would only venture into that area once we have proven ourselves in treating all the issues for mobile sports betting,” said Addabbo.
And Pretlow, who has dropped the online poker ball for numerous years running, offered the same hopes that have been proven false each year. “Online poker is always a subject that can come up,” he commented. “We didn’t have much of a discussion on it this year as we basically focused on sports betting, but nothing is dead. Everything is still fluid.”
In reality, online poker is no longer on the table. Neither 2019 bill showed any movement this year, not even a committee hearing, much less a vote.
All About Sports Betting
The majority of states in America have shown significant interest in sports betting.
Nearly 20 states have some form of sports betting legalized and either available or pending regulatory details and official product launches. Another 18 are considering some type of legislation to do the same.
Meanwhile, online poker remains available only in Nevada, New Jersey, and Delaware. Pennsylvania is almost two years from the official legalization of online poker but has yet to announce the launch of any online poker sites. West Virginia passed legislation this year to legalize online poker, but it is unclear if any sites will be licensed and/or launch in 2019.
Connecticut is the only other state that is keeping online poker on the table at this point in the year.
PokerStars Still Believes
The only ray of hope for online poker in New York comes from PokerStars. Its parent company, The Stars Group, announced an agreement with the Akwesasne Mohawk Casino Resort in New York in early July.
Ny Online Poker News
The agreement gives The Stars Group the ability to operate and brand real-money online casino games, poker, and sports betting if the state legalizes any of those offerings. The company will also launch and operate a land-based sportsbook at the casino if possible. That will happen via FOX Bet, the US-focused sports betting brand from The Stars Group.
Again, sports betting is the major focus of the deal, but PokerStars is a part of it.
Online Poker Sites New York
Akwesasne Mohawk Casino Resort General Manager Todd Papineau talked about the sports betting aspect but noted that The Stars Group is “the ideal partner for us and it is positioned to become a leader in the US online betting and gaming industry.” He continued, “We are delighted to work with The Stars Group, one of the world’s largest, most licensed online gaming companies, to leverage the opportunity presented by online betting and gaming in the state of New York.”
Though there is no official online poker lobbying organization in the US to push for the game’s legalization in New York, it seems that The Stars Group may be bending the ear of more than a few lawmakers to maximize the lucrative possibilities of its latest deal.
The Stars Group and Akwesasne Mohawk Casino Resort Enter Agreement for Online Betting and Gaming Market Access and Retail Sportsbook in New York https://t.co/AULvNzHYVG$TSG
New York Online Poker Legislation
— Kevin Mathers (@Kevmath) July 9, 2019