Is Gambling Illegal In New York City

New York has one of the longest running relationships with gambling of any state in the US. The state’s first gaming laws were introduced in the 17th century. Although betting is an old activity, laws are constantly evolving (especially recently), and these new legislative shifts lead to a lot of confusion for players.

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This NY gambling page looks at all forms of gambling in New York and discusses the state’s laws that cover the activities. We will cover topics, such as casinos, both online and land-based, sports betting, and poker among others. If you know exactly the topic you’d like to know more about, click on one of the navigation buttons to jump straight to the relevant section.

Gambling in New York? What Activities are Legal

• New York has been tough on gambling in the past but, to the surprise of many, the state does not possess any laws which make it illegal to play at online casinos. What is illegal, however, is for a casino to be located in and operating in New York.
• New York does not allow online gambling or mobile gambling. You are not allowed to place sports bets using your mobile device. There is no legal online poker or online casino games permitted in New York. If you are playing these games or sports betting online while in New York, you are doing so at an unregulated site.

In New York, gambling laws have historically limited gambling to casinos on Indian reservations and allow betting on horse racing. But times are changing in the Empire State. In 2013, voters approved an amendment to the New York constitution that allows Las Vegas-style casinos in the state.

Contents

• Gambling in New York? What Activities are Legal
  • Online Gambling NY: Sports
  • Online Poker
• NY Gambling Overview
  • Famous Gamblers from the Empire State
• Frequently Asked Questions

There are many different things that come to mind when one talks about betting. There are charitable ‘casino nights,’ wagers amongst friends, and horse races. On this page, however, we’ll be focusing on large-scale operations such as casinos, sports betting, poker rooms and more. Directly below, we answer what activities you can legally play when gambling in New York. We look at both land-based gaming possibilities as well as the online gambling NY has.

New York Casinos

The most popular form of gambling is done at the handful of New York Casinos. Nothing compares to the glitz and glamor that someone feels when they step onto the game room floor. New York is one of the more restrictive states when it comes to casino gaming, but residents and visitors do have a few gaming options when in the state. The Resorts World Casino is the only gambling hall in NYC, but there is a nice selection of Indian casinos as well as racinos peppered throughout the state (ex. Yonkers Raceway).

At NY’s various land-based gambling sites, you can legally play all of the most popular casino games that we have come to know and love throughout the years. NY doesn’t have traditional casinos yet, but Native American gaming halls and racinos are legal. For those who don’t know what a racino is, it is a horse track that is allowed to carry traditional games, such as slots, but due to the state’s laws can only offer electronic table games including: baccarat, roulette and blackjack. To play traditional live card games you’ll have to visit one of the Indian Casinos in New York.

Online Gambling NY: Casinos

Many players ask “is online gambling legal in NY? The answer, unfortunately, is that there is currently no legal way, in which to play online casino games that payout real cash when in New York. In legal markets, online casinos are quickly becoming the most popular way, in which to play table and slot games. However, until the New York online gambling laws are changed, you won’t be able to play online, even if you are of legal gambling age.Popular Online Casino Games:

• Slots
• Baccarat
• Poker
• Blackjack
• Roulette
• Video-poker
• Sic Bo
• Bingo
• Scratch Cards

It isn’t all doom and gloom in the US though. Although many states have historically taken hard-lined stances towards gambling, recently many places have taken giant leaps forward towards legalizing the activity. New Jersey has legal online casinos, and many New Yorkers have started to gamble using these NJ sites. Gambling at a NJ site, however, is illegal when you are in NY, regardless of what people tell you. Nevertheless, many legislators know it is a tough task to try and halt the spread of online casinos. So, who knows? Perhaps there will be legal online gambling in New York sometime in the future.

Sports Gambling NY

The New York gambling laws are more lax when it comes to sports betting. Officially, NY sports gambling is legal. The State Gamging Commission has approved sports betting at four upstate casinos. However, New York politicians have been playing ping pong back and forth with the law, while they debate the minor details of legality. The current law requires that players be physically present when sports gambling in NY.

Where to Gamble on Sports In NY:

• World Catskills (Kiamesha Lake, NY)
• Rivers Casino (Schenectady, NY)
• Del Lago Casino (Tyre, NY)
• Tioga Downs (Nichols, NY)

To play, you’ll have to venture to the World Catskills in Monticello, NY, the Rivers Casino in Schenectady, the del Lago Casino in Tyre or the Tioga Downs which is situated west of Binghamton. If you’re in the city, the best option for sports bets at this time would be to pop on over the NJ to gamble.

Online Gambling NY: Sports

Once confined to a few locations around America, sports gambling has experienced a major shift after the federal sports betting ban was overturned in May 2018. Now, it is up to states to decide if they will legalize the activity or not. As I stated earlier online gambling in New York is currently prohibited and this extends to sports betting.NY has legalized sports betting but has yet to make a ruling as to whether or not to allow players to place bets from mobile devices. Recent reports suggest that wagering on sports in New York will, for the time being anyway, remain limited to physical sports bets. However, State Sen. Joe Addabbo (D-Queens) said that this doesn’t rule out mobile sports gambling in the future. Should New York online gambling laws change, we will update the info on this page.

Daily Fantasy Sports to Scratch Your Sports Itch

Sports fans do have one online gambling option in New York – Daily Fantasy Sports (DFS). DFS contests are available in the state, but there is a debate about whether DFS actually counts as sports gambling or not. Most have agreed that these sports contests involve enough skill/knowledge that they don’t qualify as sports betting. Until an official ruling is made, the nation’s top DFS operators still offer their products to New Yorkers.

Online Poker

Online poker, like other forms of online gambling in New York, is currently illegal. It is possible to play online at one of the popular online poker rooms, but it is not allowed to play for real money. If you’d like to gamble in New York with a poker game, you’ll need to go to a commercial casino. Social games or casino nights are allowed, but you aren’t allowed to make a profit when playing.

Popular NY Poker Events

Recently the World Poker Tour announced the first ever Deep Stacks event in New York. The event will take place at the Rivers Casino and Resort in Schenectady, NY. 2019’s event will require a buy-in of $1,100. The WPT also has a stop at the Fallsview Casino Resort in Niagra Falls, although on the Canadian side of the falls. Either way, it offers a good opportunity for skilled gamblers to play the popular card game.

Gambling on the New York State Lottery

The New York Lottery, founded in 1966, was the second lottery to be set up in an American state, The NY lottery is connected to the multi-state systems, so residents can play in the huge games like Powerball and Mega Millions. You have to buy tickets in person though, as online ticket sales have not yet been introduced or announced. Since 1967 the lottery has raised 64 billion USD for K-12 schools in New York. In this regard, the NY lotto is similar to that of other state lotteries in that it was set up as a way to generate funds for the state. Nearly 4.5 billion USD has been won as prizes by those gambling in NY on the lotto.

NY Gambling Overview

For a state that isn’t particularly known for its land-based betting options, especially considering Atlantic City is just a short stone’s throw away from NYC; the Empire State is a surprisingly lucrative gaming market. Those gambling in New York using slots spent nearly 40 billion USD in 2019 alone. This figure doesn’t even include table games at Indian Casinos, pari-mutuel horse bets and the Lotto. In addition, online gambling NY options are extremely limited, by that I mean nonexistent. If the laws changed, the market would generate even more money. Below you’ll be taken through the various New York laws governing online betting, the state’s history and how to gamble responsibly in the state.

Important New York Gambling Laws

The first New York gambling law was passed in 1656 when the territory was still under Dutch control. New Netherlands (NY’s name at the time), banned all gambling on the Sabbath. During the revolution, the British outlawed lotteries after it was discovered that they were used to help fund the rebel cause. After independence, convicted lottery patrons were pardoned.

The State’s first constitutions did not mention gambling until 1821 and the modern prohibition of the activity started in 1894. Since that year, a few key amendments were implemented in the years 1939, 1957, 1966, and 1975, which legalized pari-mutuel betting on horse racing, charitable bingo, the State Lottery for Education and charitable gaming respectively.

The first Indian casinos in NY emerged after the passage of the 1993 constitutional amendment, authorized the creation of casinos on native land. 2011 experienced a step backwards when US Federal law banned all online gambling. In 2013 the state finally permitted commercial casinos, however, there are not many in NY. The biggest change in recent year to the gambling laws of New York, is the legalization of sports betting. The state is currently rolling out its first legal sports betting infrastructure.

In terms of laws that are going to affect the individual gambler. The legal gambling age in New York is 18+ years of age. However, many gambling locations have limited their customers to 21+ so that they can legally serve alcohol on the game room floor without having to worry too much. The New York State gambling winnings tax lies somewhere around 3% depending on the amount won.

Gambling Responsibly in New York

Although many New Yorkers have a healthy relationship to gambling, there are some players that may struggle with addiction. The Empire State has a few options for those who seek help. The body in charge of overseeing responsible gaming is the NY Council on Problem Gambling. The NYCPG has worked since the 70s to provide people with the help they need.

The Board’s website offers numerous resources including a gambling hotline. NY is an extremely diverse state, so the help found on the NYCPG website is available in nine different languages. Another suitable option for problem gamblers is Gamblers Anonymous. If you visit the website, you can find local help based on your specific area.For player’s who would like to quit betting, rather than foster a healthier relationship to the activity, the best option is probably voluntary self-exclusion. If you visit the New York State Gaming Commission website, you’ll find steps on how to exclude yourself from casinos, racetracks, the lottery and fantasy sports in NY State.

History of Gambling in New York State

Gambling in New York goes right back to the 1600s. Laws governing betting go back just about as far, with the first legislation concerning gambling in what is today New York State passed in 1656. This was merely to forbid betting on the Sabbath, in order to further religiosity in the territory of New Netherland. However, this only covered certain games, and was only regarding “church hours”, displaying the area’s relatively relaxed attitudes at the time.

From this early start, there have been dozens of pieces of law passed by the various governing authorities in the area. However, most have been to restrict certain practices, with no individual New York gambling statute or law outright forbidding gambling in general.

New York’s Constitution, ratified in 1894, restricted gambling rights heavily. However, since then there have been four important exceptions, allowing for betting within the State: pari-mutuel betting on horse racing, religious, charitable and non-profit bingo, State lottery, and finally an extension to the allowance for religious and non-profit gambling to include games of chance.

Famous Gamblers from the Empire State

When people think about famous gamblers, they are not thinking about a guy who won big spinning the reels, or a successful sport better, they are thinking about poker players. During the first decade of the 21st Century, the world went nuts for poker. New broadcasting deals transformed the card game into one of the most popular spectator games on television. During the ‘poker boom’ a few stars emerged. Enthusiasts were drawn to the personalities and play styles of the world’s best card sharks. Below is some info about some of the most famous gamblers from New York

Erik Seidel

Erik Seidel is, without a doubt, the most celebrated poker player from the Empire State. For most players, winning a WSOP bracelet is a career accomplishment. Seidel, however, has won 8 throughout his career and has reached the final table a staggering 35 times. Erik’s first major bicvtory came in 1988 when he was the runner-up at the WSOP Main Event. Seidel sits atop the NY all time money list and 3rd in the global money list having earned himself over $35 million playing professionally. Currently, Seidel lives in Las Vegas.

Bryn Kenney

Bryn Kenney

Coming in at number two on the New York all-time money list is Bryn Kenney. Keeney has also eclipsed the $30mil mark throughout his career and is nearly 30 years Seidel’s junior. Kenney flaunts his New York roots proudly and can often be seen donning a Yankees or Knicks cap when on tour. Kenney has earned one gold bracelet in his career, which really puts Seidel’s accomplishments into perspective considering Kenney has earned nearly as much as Seidel, but not nearly as many bracelets. Kenney won the bracelet in 2014 after winning the $1,500 Mix Six-Handed event.

Key State Facts

As one of America’s most diverse and forward-thinking states, New York is one of the most desirable places to live in the world. At the center of all of this is of course, New York City, a thriving metropolis known as the ‘city that never sleeps’ packed with towering skyscrapers, busy streets and bullish New Yorkers. Below you can see some of the key New York state facts.

New York is famous worldwide for many things; hip hop music, street food and the nightlife. But some of the most popular things about NYC are its sports teams. Visit any country in the world and you’ll find a New York Yankees cap. New Yorkers are fanatical about their sports teams and the games they play.

Conclusion: Future Outlook of New York Gambling

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As you can see above, New York doesn’t have the most restrictive of gambling laws, but the state is also far from being one of the most liberal gambling territories in the US. Players have a few legal gambling options in New York including Indian casinos, racinos, the Lottery, horse race betting and on-site sports betting. Only time will tell whether or not online gambling is in the cards for NY, but if trends continue, we are likely to see some liberalization of the New York state online gambling laws. Until this happens however, you won’t find any online gambling in New York.

Frequently Asked Questions

The New York gambling laws seem to change week to week and the courts are experiencing a logjam when it comes to making decisions about gambling. This has led to a lot of confusion, and may players have asked us for some clarification. Below are the most common questions we receive with regards to New York gambling.

Does New York have casinos?

There are currently 25 casinos registered in the state of New York. Native American casinos make up the vast majority but there are also some dedicated commercial spaces in the city with gambling licences.

Can you gamble online in NY?

Gambling online is currently not yet legal in the state of New York. There are currently no licensed online casinos in the state, and it is a federal crime for a NY citizen to register and play at a site based outside of the state

Is sports gambling legal in New York?

Sports betting was made legal in May 2018 in the state of New York. However, the state has yet to see its first official sports bet be made. The regulation and monitoring of the industry is still being decided on a federal level which has delayed the issuing of licences.

New York Gambling Statutes

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§ 225.00 Gambling offenses; definitions of terms. The following definitions are applicable to this article: 1. '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. 2. 'Gambling.' 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. 3. 'Player' means a person who engages in any form of gambling solely as a contestant or bettor, without receiving or becoming entitled to receive any profit therefrom other than personal gambling winnings, and without otherwise rendering any material assistance to the establishment, conduct or operation of the particular gambling activity. 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. A person who engages in 'bookmaking', as defined in this section is not a 'player.' 4. 'Advance gambling activity.' A person 'advances gambling activity' when, acting other than as a player, he engages in conduct which materially aids any form of gambling activity. Such conduct includes but is not limited to conduct directed toward the creation or establishment of the particular game, contest, scheme, device or activity involved, toward the acquisition or maintenance of premises, paraphernalia, equipment or apparatus therefor, toward the solicitation or inducement of persons to participate therein, toward the actual conduct of the playing phases thereof, toward the arrangement of any of its financial or recording phases, or toward any other phase of its operation. One advances gambling activity when, having substantial proprietary or other authoritative control over premises being used with his knowledge for purposes of gambling activity, he permits such to occur or continue or makes no effort to prevent its occurrence or continuation. 5. 'Profit from gambling activity.' A person 'profits from gambling activity' when, other than as a player, he accepts or receives money or other property pursuant to an agreement or understanding with any person whereby he participates or is to participate in the proceeds of gambling activity. 6. 'Something of value' means any money or property, any token, object or article exchangeable for money or property, or any form of credit or promise directly or indirectly contemplating transfer of money or property or of any interest therein, or involving extension of a service, entertainment or a privilege of playing at a game or scheme without charge. 7. 'Gambling device' means any device, machine, paraphernalia or equipment which is used or usable in the playing phases of any gambling activity, whether such activity consists of gambling between persons or gambling by a person involving the playing of a machine. Notwithstanding the foregoing, lottery tickets, policy slips and other items used in the playing phases of lottery and policy schemes are not gambling devices. 7-a. A 'coin operated gambling device' means a gambling device which operates as a result of the insertion of something of value. A device designed, constructed or readily adaptable or convertible for such use is a coin operated gambling device notwithstanding the fact that it may require adjustment, manipulation or repair in order to operate as such. 8. 'Slot machine' means a gambling device which, as a result of the insertion of a coin or other object, operates, either completely automatically or with the aid of some physical act by the player, in such manner that, depending upon elements of chance, it may eject something of value. A device so constructed, or readily adaptable or convertible to such use, is no less a slot machine because it is not in working order or because some mechanical act of manipulation or repair is required to accomplish its adaptation, conversion or workability. Nor is it any less a slot machine because, apart from its use or adaptability as such, it may also sell or deliver something of value on a basis other than chance. A machine which sells items of merchandise which are of equivalent value, is not a slot machine merely because such items differ from each other in composition, size, shape or color. A machine which awards free or extended play is not a slot machine merely because such free or extended play may constitute something of value provided that the outcome depends in a material degree upon the skill of the player and not in a material degree upon an element of chance. 9. 'Bookmaking' means advancing gambling activity by unlawfully accepting bets from members of the public as a business, rather than in a casual or personal fashion, upon the outcomes of future contingent events. 10. 'Lottery' means an unlawful gambling scheme in which (a) the players pay or agree to pay something of value for chances, represented and differentiated by numbers or by combinations of numbers or by some other media, one or more of which chances are to be designated the winning ones; and (b) the winning chances are to be determined by a drawing or by some other method based upon the element of chance; and (c) the holders of the winning chances are to receive something of value provided, however, that in no event shall the provisions of this subdivision be construed to include a raffle as such term is defined in subdivision three-b of section one hundred eighty-six of the general municipal law. 11. 'Policy' or 'the numbers game' means a form of lottery in which the winning chances or plays are not determined upon the basis of a drawing or other act on the part of persons conducting or connected with the scheme, but upon the basis of the outcome or outcomes of a future contingent event or events otherwise unrelated to the particular scheme. 12. 'Unlawful' means not specifically authorized by law.

§ 225.05 Promoting gambling in the second degree. A person is guilty of promoting gambling in the second degree when he knowingly advances or profits from unlawful gambling activity. Promoting gambling in the second degree is a class A misdemeanor.

§ 225.10 Promoting gambling in the first degree. A person is guilty of promoting gambling in the first degree when he knowingly advances or profits from unlawful gambling activity by: 1. Engaging in bookmaking to the extent that he receives or accepts in any one day more than five bets totaling more than five thousand dollars; or 2. Receiving, in connection with a lottery or policy scheme or enterprise, (a) money or written records from a person other than a player whose chances or plays are represented by such money or records, or (b) more than five hundred dollars in any one day of money played in such scheme or enterprise. Promoting gambling in the first degree is a class E felony.

§ 225.15 Possession of gambling records in the second degree. A person is guilty of possession of gambling records in the second degree when, with knowledge of the contents or nature thereof, he possesses any writing, paper, instrument or article: 1. Of a kind commonly used in the operation or promotion of a bookmaking scheme or enterprise; or 2. Of a kind commonly used in the operation, promotion or playing of a lottery or policy scheme or enterprise; except that in any prosecution under this subdivision, it is a defense that the writing, paper, instrument or article possessed by the defendant constituted, reflected or represented plays, bets or chances of the defendant himself in a number not exceeding ten. 3. Of any paper or paper product in sheet form chemically converted to nitrocellulose having explosive characteristics. 4. Of any water soluble paper or paper derivative in sheet form. Possession of gambling records in the second degree is a class A misdemeanor.

§ 225.20 Possession of gambling records in the first degree. A person is guilty of possession of gambling records in the first degree when, with knowledge of the contents thereof, he possesses any writing, paper, instrument or article: 1. Of a kind commonly used in the operation or promotion of a bookmaking scheme or enterprise, and constituting, reflecting or representing more than five bets totaling more than five thousand dollars; or 2. Of a kind commonly used in the operation, promotion or playing of a lottery or policy scheme or enterprise, and constituting, reflecting or representing more than five hundred plays or chances therein. Possession of gambling records in the first degree is a class E felony.

§ 225.30 Possession of a gambling device. a. A person is guilty of possession of a gambling device when, with knowledge of the character thereof, he or she manufactures, sells, transports, places or possesses, or conducts or negotiates any transaction affecting or designed to affect ownership, custody or use of: 1. A slot machine, unless such possession is permitted pursuant to article nine-A of the general municipal law; or 2. Any other gambling device, believing that the same is to be used in the advancement of unlawful gambling activity; or 3. A coin operated gambling device with intent to use such device in the advancement of unlawful gambling activity. b. Possession of a slot machine shall not be unlawful where such possession and use is pursuant to a gaming compact, duly executed by the governor and an Indian tribe or Nation, under the Indian Gaming Regulatory Act, as codified at 25 U.S.C. §§§§ 2701-2721 and 18 U.S.C §§§§ 1166-1168, where the use of such slot machine or machines is consistent with such gaming compact and where the state receives a negotiated percentage of the net drop (defined as gross money wagered after payout, but before expenses) from any such slot machine or machines. c. Transportation and possession of a slot machine shall not be unlawful where such transportation and possession is necessary to facilitate the training of persons in the repair and reconditioning of such machines as are used or are to be used for operations in those casinos authorized pursuant to a tribal-state compact as provided for pursuant to section eleven hundred seventy-two of title fifteen of the United States Code in the state of New York. Possession of a gambling device is a class A misdemeanor.

§ 225.32 Possession of a gambling device; defenses. 1. In any prosecution for possession of a gambling device specified in subdivision one of section 225.30 of this chapter, it is an affirmative defense that: (a) the slot machine possessed by the defendant was neither used nor intended to be used in the operation or promotion of unlawful gambling activity or enterprise and that such slot machine is an antique; for purposes of this section proof that a slot machine was manufactured prior to nineteen hundred forty-one shall be conclusive proof that such a machine is an antique; (b) the slot machine possessed by the defendant was manufactured or assembled by the defendant for the sole purpose of transporting such slot machine in a sealed container to a jurisdiction outside this state for purposes which are lawful in such outside jurisdiction; (c) the slot machine possessed by the defendant was neither used nor intended to be used in the operation or promotion of unlawful gambling activity or enterprise, is more than thirty years old, and such possession takes place in the defendant's home; or (d) the slot machine was transported into this state in a sealed container for the purpose of product development, research, or additional manufacture or assembly, and such slot machine will be or has been transported in a sealed container to a jurisdiction outside of this state for purposes which are lawful in such outside jurisdiction. 2. Where a defendant raises an affirmative defense provided by subdivision one hereof, any slot machine seized from the defendant shall not be destroyed, or otherwise altered until a final court determination is rendered. In a final court determination rendered in favor of said defendant, such slot machine shall be returned, forthwith, to said defendant, notwithstanding any provisions of law to the contrary.

§ 225.35 Gambling offenses; presumptions. 1. Proof of possession of any gambling device or of any gambling record specified in sections 225.15 and 225.20, is presumptive evidence of possession thereof with knowledge of its character or contents. 2. In any prosecution under this article in which it is necessary to prove the occurrence of a sporting event, a published report of its occurrence in any daily newspaper, magazine or other periodically printed publication of general circulation shall be admissible in evidence and shall constitute presumptive proof of the occurrence of such event. 3. Possession of three or more coin operated gambling devices or possession of a coin operated gambling device in a public place shall be presumptive evidence of intent to use in the advancement of unlawful gambling activity.

§ 225.40 Lottery offenses; no defense. Any offense defined in this article which consists of the commission of acts relating to a lottery is no less criminal because the lottery itself is drawn or conducted without the state and is not violative of the laws of the jurisdiction in which it was so drawn or conducted.

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New York Gambling Laws courtesy of: http://public.leginfo.state.ny.us/LAWSSEAF.cgi?QUERYTYPE=LAWS+&QUERYDATA=@SLPEN0P3TMA225+ &LIST=LAW+&BROWSER=BROWSER+&TOKEN=07070857+&TARGET=VIEW