Is online poker legal in New York?

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No, not at present, although NY lawmakers continue to work toward that possibility.

NY online poker is hampered by current law that includes poker among its list of prohibited games of chance. The state’s constitution only allows a few exceptions for poker, including at regulated commercial casinos. Meanwhile, Native American-owned casinos can also spread live poker if they wish, per the applicable nation or Tribal Gaming Agency.

In early 2020, a bill was introduced in the state Senate that would remove poker from the list of prohibited games while authorizing up to 11 online poker licenses to operators. A similar bill was introduced in the State Assembly as well. In both cases, the bills failed to advance beyond committees the year before.

These are the latest among several attempts to legalize online poker in New York, ranging back to 2013.

Will New York regulate online poker?

If recent history provides any indication, chances are not great that real money online poker will be legalized and regulated in New York in the near future.

Previous online poker bills that have been introduced have failed to garner adequate support to advance through the legislative process. Meanwhile, online sports betting has gotten much more attention among lawmakers lately thanks in part to gambling laws in neighboring states. New Jersey and Pennsylvania have launched online poker sites, casinos and sportsbooks.

If online poker were to become legal, the New York State Gaming Commission would be the governing body drafting regulations, issuing licenses and overseeing the integrity of online poker in New York.

What are sweepstakes poker sites?

In the absence of real money NY poker sites, there aresweepstakes poker sites that currently welcome players in New York. The most popular of these sites is Global Poker, where players from every US state except Washington can play.

Sweepstakes sites use virtual currencies rather than real money. Global Poker uses Gold Coins and Sweeps Coins.

Players can purchase Gold Coins to play “cash” games and tournaments. When they buy Gold Coins, they receive Sweeps Coins as a bonus. Sweeps Coins can be obtained in other ways as well, including via Facebook giveaways and even by writing to Global Poker directly.

Furthermore, players can use Sweeps Coins for sweepstakes-style cash games and tournaments. Players can win and accumulate more of them. Then, once they have collected a minimum required amount, players can redeem Sweeps Coins for real money and withdraw the cash.

What about offshore poker sites? Are they safe?

There are online poker sites located outside the US — hence called “offshore” sites — that do accept US players. While New Yorkers don’t necessarily face legal obstacles to play on such sites themselves, they are, nonetheless, taking a risk when they do.

The Unlawful Internet Gambling Enforcement Act of 2006 restricts US banks and other financial service providers from allowing transactions with non-US gambling sites. That means rogue poker sites are forced to find other means via which to allow American players the ability to deposit and withdraw funds.

If that isn’t problematic enough, American players have to take a leap of faith when it comes to game integrity and the safety of their funds. There have been incidents of these sites suddenly closing and making off with players’ money, leaving Americans no legal recourse to recover their funds.

Also, if players suspect they have been victimized by cheating, collusion, ghosting, multi-accounting, or other types of fraud, they generally have to hope the sites respond to their complaints. Since again, they have no legal recourse to ensure they are protected.

Playing on a fully legal, licensed and regulated real money site is much more preferable. To be able to offer the games, operators must comply with rules to monitor and prohibit fraudulent activity, thus making the sites much safer for online poker players.

New York poker laws

The New York Penal Code explicitly prohibits gambling, defined as staking or risking “something of value upon the outcome of a contest of chance” or some other event not under a person’s control and doing so with “an agreement or understanding that he will receive something of value in the event of a certain outcome.”

That prohibition includes types of gambling in which skill plays a part, too.

The way the law is written, “contests of chance” involve any game that “depends in a material degree upon an element of chance, notwithstanding that skill of the contestants might also be a factor therein.”

There are exceptions, foremost among them playing in the state lottery or gambling at a facility licensed by the New York State Gaming Commission, such as at the state’s commercial casinos. Also allowed are horse racing and pari-mutuel wagering operations, authorized video lottery terminal operators, and Class 3 Indian gaming facilities.

Are home poker games legal in New York?

As is the case in many other states, home poker games are allowed in New York as long as no one is collecting rake or fees.

The relevant part of the New York Penal Code describes such a game as “a social game of chance… without fee or remuneration.”

There was a notable court case involving a home poker game in New York in 2011.

Lawrence DiCristina was hosting poker games out of a warehouse in Staten Island. DiCristina collected 5% rake in the game, which in and of itself, would run afoul of what the law says about hosting a “social game of chance.” However, DiCristina was found guilty of violating federal law, the Illegal Gambling Business Act (IGBA).

The case was appealed, and in 2012, the conviction was overturned in the US District Court for the Eastern District of New York. Interestingly, on appeal, the US District Court Judge Jack B. Weinstein ruled that Texas Hold’em was, in fact, a game of skill and thus not prohibited by the IGBA.

That ruling was reversed by the Second US Circuit Court of Appeals. DiCristina tried to appeal again, but in February 2014, the US Supreme Court declined to hear the case.

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Nevertheless, the most recent attempts to introduce online poker legislation have included mention of the DiCristina case, in particular Judge Weinstein’s ruling that poker is considered distinct from other gambling games thanks to its skill component.

New York card rooms

New York is home to tribal casinos and commercial casinos, with live poker rooms found in each.

The first tribal casino opened in 1993, the Turning Stone Resort Casino in Verona, operated by the Oneida Indian Nation of New York. It continues to feature one of the biggest and most popular poker rooms in the state.

In 2013, commercial casinos were legalized and among them can be found some popular poker rooms as well, such as at Rivers Casino in Schenectady and Resorts World Catskills in Monticello.

No-limit hold’em is the primary game at all New York poker rooms, although the larger ones also spread pot-limit Omaha and stud games.

Meanwhile, both the Rivers Casino and the Seneca Niagara Casino & Hotel have hosted popular poker tournaments in recent years as well.

List of NY poker rooms

Here’s a list of live card rooms that players can find in New York casinos:

Also, there are poker rooms in two casinos just across the Canadian border on the other side of Niagara Falls: Casino Niagara (with 26 tables) and Niagara Fallsview Casino Resort (with 16 tables).

New York poker timeline

During the late 19th and early 20th centuries, stories of poker games occurring in the underground poker clubs in New York City were frequently reported on in newspapers and given literary treatments by fiction writers.

Following World War I, one of the most famous poker clubs in the country regularly met at the Algonquin Hotel in Midtown Manhattan. The Thanatopsis Pleasure and Inside Straight Club comprised many of the era’s most famous writers, actors, poets, playwrights, columnists and critics who kept the games going until the early 1930s.

As far as other types of gambling were concerned, New York first legalized and then banned pari-mutuel wagering before bringing it back again in 1940. Horse racing and off-track betting have been an important industry in the state ever since.

Meanwhile, after being the first US state to ban the lottery in the 1830s, New York was the second to bring it back in 1967.

Poker continued to be played, however, with regular underground games taking place in a variety of locations, such as bars and restaurants, office suites, high-rise condos, self-storage units, social clubs, private homes, and even in churches and synagogues.

Some of the Hungarian restaurants where such games took place were commonly referred to as “goulash joints” or “ghoulies.”

Despite their necessarily clandestine nature, a few of these poker clubs gained renown outside of New York City. This includes the Mayfair Club that began as a bridge club in the 1940s, then later became the site of high-stakes backgammon, gin rummy and poker games.

Famous poker players who passed through the Mayfair during the century’s later decades included Stu Ungar, Erik Seidel, Dan Harrington, Howard Lederer and Mickey Appleman, to name a few. Band manager and music producer Brian Koppelman played there as well, and later with David Levien would use that experience as inspiration to write the screenplay for the 1998 film Rounders.

Clubs, like the Mayfair, began to be shut down, however, in 2000, thanks to then-Mayor Rudy Guiliani’s “Quality of Life” campaign to clean up New York City.

Games persisted nonetheless, with clubs reappearing in the 2000s and afterward, in particular during the “poker boom” when the game found new popularity on television and online.

In 1993, the state signed a compact with the Oneida Indian Nation of New York, resulting in the opening of the state’s first land-based casino, the Turning Stone Casino Resort in Verona, which featured a large and popular poker room. Eventually, other Native American-owned casinos opened as well.

In 2013, voters in the stated supported the New York Casino Gambling Amendment authorizing a limited number of commercial casinos to open in areas of the state other than New York City.

While the overall number of casinos in New York are small, many of them do provide live and legal poker to New Yorkers not wishing to brave the underground games.

As far as online poker is concerned, State Senator Joseph Addabbo Jr. and Assemblyman Gary Pretlow have each introduced multiple online poker bills over recent years, though none has gained needed support. Thus New York remains without legal, real money poker sites, unlike its neighbors, New Jersey and Pennsylvania, to the south.

What does the future hold for New York online poker?

For online poker to become legal in NY, it will likely be necessary first for other forms of online gambling or online casinos to be legalized, in particular, NY online sports betting.

In early 2020, some momentum was starting to build around an online sports betting bill. However, the onset of the coronavirus (COVID-19) pandemic and the disease’s profound impact on New York state, including economically, understandably made the pursuit of such legislation a much lower priority among lawmakers as the state grappled with budgetary matters and other more urgent concerns.

With the country’s fourth-largest population of more than 19 million, New York would be a great candidate for online poker, given what would surely be a significant player pool. It would be especially good for online poker in the US if the state were to legalize online poker and join the multi-state compact to increase liquidity.

• by Anthony Cicali IIIMarch 8, 2021
• by Sean ChaffinMarch 3, 2021
• by StaffMarch 1, 2021

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Where is online poker legal in the US?

The following six states have now officially signed legislation to offer legal US online poker:

1. New Jersey
2. Delaware
3. Nevada
4. Pennsylvania
5. Michigan
6. West Virginia (Not live yet)

Five currently have open and operating legal online poker sites. And there are some differences between each of the regulated online poker states.

• Nevada only permits online poker.
• New Jersey, Pennsylvania, Michigan and Delaware also spread casino games banked by the house (More about Michigan online casinos, NJ online casinos,Pennsylvania online casinos).
• Nevada, New Jersey and Pennsylvania allow the state’s brick-and-mortar casinos to operate online sites. In Delaware, the state lottery is the sole operator.
• Nevada, New Jersey and Delaware have entered into an interstate online poker agreement. If you play in those three states you can compete against each other only on WSOP.com.

Where can I play online poker in the US right now?

NJ online poker

New Jersey is currently home to the most online poker sites. Those sites are spread across four distinct networks and operate through three different licensees. Here are your options:

New Jersey online poker sites

• PartyPoker NJ (Borgata Poker, BetMGM Poker)
• Pala Poker

WSOP NJ is the second biggest site after Borgata/partypoker. It used 888 software, but was a standalone room. 888 operated its own platform, but began to share player pools with WSOP.com in January 2015.

PokerStars NJ launched in New Jersey on March 21, 2016.

The site opened at around the same size of WSOP.com and Borgata. Since launch, PokerStars has been the top site in the Garden State for much of its tenure.

In April 2018, New Jersey joined the multi-state compact with Nevada and Delaware. The agreement allows the three states to share their player pools across state lines.

Background

The New Jersey legislature legalized online poker and casino games in the state in December 2012. After some back-and-forth between Gov. Chris Christie and the lawmakers, the governor finally signed the bill into law.

As a result, New Jersey online poker and casino games launched on November 21, 2013. Borgata and its partner Party Poker dominated the New Jersey online poker world at the time after launch.

Pennsylvania online poker

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Pennsylvania became the fourth state to legalize and regulate online poker and online casino play in the U.S. when Governor Tom Wolf signed bill H 271 on Oct. 30, 2017.

Online poker was expected to launch by July of 2019. However, that date was pushed back until PokerStars officially launched on Nov. 4, 2019. It was the first online poker site in Pennsylvania.

The site is now fully operational with the excellent software, cash games, and tournaments that players have come to expect. PokerStars has promised much more for players in the state and received a nice reception from many in the state.

There are eight casino or operators attempting to launch online poker in Pennsylvania right now. One of them is MGM Resorts, which applied for a license as a qualified gaming entity through its Borgata property in New Jersey.

Pennsylvania casinos which have both applied for and been approved to offer online poker are:

• Mount Airy Casino (now live through its partnership with PokerStars)
• Harrah’s Philadelphia
• Hollywood Casino at Penn National Race Course
• Parx Casino
• Sands Bethlehem
• SugarHouse Casino
• Valley Forge Casino

Michigan online poker

In a nice twist to start off 2021, Michigan online poker went live on Jan. 29. So far just one real money online poker site, PokerStars, is online for cash games and tournaments but BetMGM Poker is expected to go live in February.

Included in the PokerStars lineup for Michigan are the ever-popular Spin & Go’s (not available in Pennsylvania), lots of weekly guaranteed tournaments, new player freerolls (free online tournaments for real money) and the standard $30 in free play bonus with a $20 deposit. You can also choose an up to $600 deposit bonus at 100% match.

The full PokerStars poker app and PokerStars’ highly popular Home Games feature, for playing online poker games with your friends, are both available in Michigan.

Stay tuned for an exclusive PokerStars Michigan promo code from USPoker right here.

Nevada online poker

Nevada was the first state to launch regulated online poker. In December 2011, the Nevada Gaming Control Board adopted regulations pertaining to Nevada online poker sites.

The regulations required affirmation through the Nevada legislature. Nevada lawmakers meet on a biennium. The state passed the regulations governing Nevada online poker in February 2013.

On April 30, 2013, Ultimate Poker launched as the first regulated online poker room in the US. The launch was flawed due to poor software and unproven geolocation services. Ultimate Poker attracted about 300 peak players and the same number of players participated in sit and gos and tournaments.

WSOP.com launched on September 17, 2013. WSOP.com enjoyed massive brand awareness and dominated the market within two months.

Ultimate Poker succumbed to the small intrastate poker player pool in Nevada. It left the Nevada market on November 17, 2014. This leaves onlyWSOP.com and Real Gaming in the Nevada online poker market.

On March 24, 2015, a liquidity sharing agreement between Delaware and Nevada went live. New Jersey joined the compact in April 2018. So, players from three states can now sit at the same table.

Technically, there is a second active poker site in Nevada. Real Gaming, backed by South Point Casino, launched in February 2014. However, the site never has gained more than 1 percent of the market at any time. Currently, its influence in the market is small enough that WSOP more or less enjoys a monopoly in the market.

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Nevada online poker sites

Delaware online poker

Delaware was the second state to legalize and regulate online gambling. It was legalized through the state legislature in June 2013. Online casino games went live on October 31, 2013. The Delaware online poker network opened on November 8, 2013.

Delaware offers online poker and casino games through its state lottery. Interactive gaming is marketed through its three video lottery racinos.

888supplies the platform all three sites. The online poker room shares liquidity between all sites. Delaware and Nevada started sharing online poker player pools on March 24, 2015. New Jersey joined the pool in April 2018.

Delaware online poker sites

• Doverdowns.com
• Delawarepark.com
• Harringtonraceway.com

West Virginia online poker and casino

West Virginia joined the online gambling party on March 27, 2019. Gov. Jim Justice allowed H 2934, the West Virginia Lottery Interactive Wagering Act, to become law without his signature.

The law allows the five land-based casinos to apply for interactive licenses. Each license initially costs $250,000 and must be renewed for $100,000 every five years. Casinos will pay 15 percent of revenue in taxes.

The five properties which will develop online casino sites in West Virginia are:

• The Casino Club at Greenbrier Resort
• Hollywood Casino Charles Town
• Mardi Gras Casino
• The Mountaineer Hotel, Casino & Resort
• Wheeling Island Hotel-Casino-Racetrack

Legalization is terrific news, but active online gambling in West Virginia is still somewhat in the future. The state’s officials will have to create a set of regulations. The best estimate from various sources is that the first online casino with online poker in West Virginia won’t appear until 2020.

Can I play at a legal online poker site while not in that state?

No. Legal online poker sites use geolocation software to ensure that players are located in the state at the time of action.

This takes into account the IP address of the player, location of a related cell phone, and nearby wireless access points. It is impossible to play at legal online poker sites when located outside state lines.

You do not have to be a resident of that state to play online poker there, however. If you visit any legal US online poker state you can download and create an account from your home state, claim any no deposit poker bonus, make any additional deposits and then play online poker when you arrive as long as you are within state borders.

Why should I choose legal poker sites?

One of the biggest advantages to playing online poker at regulated US sites is that all player funds are just as safe as they would be at a licensed real money online casino in any of those states.

The very same gaming regulations that apply to live and online casinos are also valid for regulated US online poker sites. All deposits are held in separate accounts from cash used for operations.

There are also ample deposit and withdrawal methods that are safe and secure. Legal poker sites in the US accept deposits by:

• Visa
• MasterCard
• Electronic checks
• Neteller
• Skrill
• PayNearMe (7-Eleven)
• Cash at associated casinos in Atlantic City, Las Vegas, etc

How do I withdraw from legal poker sites in the United States?

Legal poker sites pay winnings by:

• Electronic check
• Check by mail
• Bank wire
• Neteller
• Skrill
• PayPal
• Cash at associated casinos in Atlantic City,Las Vegas, etc

Regulated online poker sites also undergo rigorous checks to ensure that games are fair and secure.

When will online poker be legal in my state?

The situation regarding online poker bills is always changing. There are several states that are considering legal online poker currently. They are:

• Connecticut
  • S 17 would legalize online gambling and sports betting
• Kentucky
  • H 175 would legalize online poker, sports betting, and daily fantasy sports
• New York
  • A 4924 would certify online poker as a game of skill under New York law
• Tennessee
  • SJR 165 would legalize all forms of online gambling
• Virginia
  • HB 2321 seeks to study online gambling expansion of all types

Two more states, Illinois and Massachusetts, are also interested in online poker.

History of legal online poker in the US

Legal US online poker sites debuted on April 30, 2013.

Ultimate Poker was the site that made history. Nevada was the first state to host fully legal online poker. Texas Hold ’em was the only game spread at Ultimate Poker during its first six months in business.

WSOP.com joined the Nevada online poker market on Sept. 17, 2013. The World Series of Poker’s online site brought the first games of Omaha, Omaha High/Low, Seven Card Stud and Seven Card Stud High/Low to Nevada.

WSOP.com now controls 99 percent of the Nevada market. This near-monopoly was caused by the shuttering of Ultimate Poker in November 2014.

Delaware online poker was the second state to launch. There is one network powered by 888. The state’s three racinos – Delaware Park, Dover Downs and Harrington Raceway – are skins on the Delaware poker network. Nevada and Delaware began pooling poker players in April 2015.

WSOP.com and 888 were the sites responsible for creating the first legal interstate online poker pool.

New Jersey online poker came next on Nov. 21, 2013. There are currently three poker networks in New Jersey. One hosts Borgata and partypoker, the other has WSOP.com and 888 on it, and the third is made up solely of PokerStars NJ. All networks are about equal in overall size at any given point in time.

There were three additional poker platforms in New Jersey when the state launched regulated poker sites. 888 was originally a standalone site before it merged player pools with WSOP.com. Ultimate Poker was unable to gain more than 3 percent of the market share.

The Ultimate Poker site was shuttered on Oct. 5, 2014. The associated UCasino was also closed at that time. Betfair failed to attract any players and closed its poker site on Dec. 1, 2014. Betfair still operates an online casino in New Jersey.

After a long legislative battle, Gov. Tom Wolf signed a bill into law that legalized and regulated online gambling in the state of Pennsylvania on Oct. 30, 2017, making it the fourth state to legalize online gaming. The bill legalized online poker, online casino table games, online slots and daily fantasy sports.

It also allowed for a number of other gambling expansions such as online lottery, tablet gambling in airports, video gambling terminals at truck stops and 10 satellite casinos. Players were officially able to play online poker in PA in 2019.

Why isn’t there a federal online poker bill?

There have been many attempts to pass an online poker bill at the federal level.

• 2009 – Rep. Barney Frank first proposes regulated online poker.
• 2011 – Frank and Rep. Joe Barton attempt to get Congress to repeal the Unlawful Internet Gambling Enforcement Act (UIGEA).
• 2012 – Sen. Harry Reid and Sen. Jon Kyl combine to propose a poker-only bill, known in the poker community as Reid/Kyl. The bill dies when Congress adjourns.

Nowadays, the federal government is more likely to focus its attention on sports betting. Unfortunately, online poker and gambling just doesn’t rate for many constituencies as key issues.

There does seem to be a movement towards greater states’ rights, however. The dismissal of PASPA in May 2018 allowed sports betting to proceed at each state legislature’s discretion.

A recent reversal of Department of Justice opinion on the Wire Act may also end up being a net positive for online gambling advocates. The DOJ seems to have been swayed by anti-gambling lobbyists funded by Las Vegas Sands owner Sheldon Adelson.

Neither the states nor the media are amused by the appearance of corruption and impropriety. As a result, online gambling might become a medium for states to argue a greater issue, and thus, rise in prominence.

What is the UIGEA?

UIGEA is an acronym for the Unlawful Internet Gambling Enforcement Act. It passed Congress in September 2006 and was signed into law by President Bush two weeks later.

The UIGEA made it illegal for banks to process payments for unlawful gambling sites. It did not define what that was. Most publicly-traded sites immediately left the US market after the UIGEA was enacted.

These included Party Poker, iPoker, Microgaming Poker Network, Ongame, and 888. All of these examples returned to the US market when states started to regulate online poker.

What is Black Friday?

Black Friday was the day the US online poker community describes April 15, 2011.

On that date, PokerStars, Full Tilt Poker, and Absolute Poker were charged with gambling crimes by the US Department of Justice in the Southern District of New York.

Unfortunately, Full Tilt Poker and Absolute Poker did not have enough cash on hand to pay players. PokerStars paid all customers within weeks. Strange as it may seem, it was PokerStars that eventually made all Full Tilt Poker players whole after coming to an agreement with federal authorities.

Will the federal government ban online poker?

Federal law allows states to legalize and regulate online poker. This is specifically exempted from the Unlawful Internet Gambling Enforcement Act. A September 2011 Department of Justice opinion confirmed this and explicitly gives states the right to permit intrastate gaming.

There was an attempt in Congress to reverse this legal opinion. The effort was spearheaded by Sheldon Adelson, founder and CEO of Las Vegas Sands, the parent company of Venetian in Las Vegas.

Adelson’s lobbyists submitted the Restoration of America’s Wire Act (RAWA). The bill failed in 2016 and does not appear to have much support in this Congress. Libertarian groups, states’ rights activists, governors, state lotteries and most of the gaming industry have come out in opposition to RAWA.

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Since then, Adelson and company have been working through other channels to head off online casino and online poker play. It is extremely likely that the group effected some degree of influence over the Department of Justice’s January 2019 opinion to reinterpret the Wire Act.

In that opinion, the DOJ essentially reversed its prior position on the statute to say that the law actually pertains to all gambling, not just sports betting. Needless to say, there were many parties in opposition to this opinion.

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So far, the opinion has not found much success in court. A June 2019 ruling from a New Hampshire federal court dismissed the opinion from affecting that state’s lottery commission and an associated vendor. Only time will tell if the precedent will ripple out to other interested and/or affected parties.