New York Online Poker Legal
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2020 Update: Can I Play Online Poker in New York?
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. Online poker in New York is still awaiting legalization. Although there have been some positive movements in the Senate in 2016, it seems that interest in the Assembly is quite lacking. New York is one of the most interesting potential states for legalized online gambling simply because of the size and influence it holds. At the time of writing this article, it is illegal to operate any type of online gambling site within the state of New York, and that includes online poker as well. The good news for NY players is that several internet poker sites available for them are licensed and regulated overseas.
New York is a big, poker-loving state, but they’ve yet to regulate online poker. There has been a lot of efforts though. There have been almost yearly bills trying to legalize online poker dating back to 2014. They all failed for one reason or another and the current bill, S.18 .
This is a bipartisan bill sponsored by State Sen. Joseph P. Addabbo Jr (D) and co-sponsored by State Sen. Rich Funke (R). The bill would reclassify “interactive poker games” as games of skill and regulate online poker. The state would license, tax and guarantee minimum standards for sites. The bill was introduced early last year and is still making its rounds in the New York legislature.
Addabbo has also pushed for online sports betting. Sports betting is already allowed in physical casinos in upstate New York, but Addabbo is hoping mobile sports betting could help bring in up to $200 million for the state. This is especially important, Addabbo says, since the coronavirus pandemic has also devastated the state’s budget. It doesn’t look like there will be action on either of these fronts this year though. It seems unlikely that the state legislature will return before the session is over.
Poker and Gambling Laws in New York
New York has a lot of gambling options for its residents. It depends on where they live though. There aren’t a lot of legal options in New York City, but upstate New York has several tribal casinos that have incredibly popular poker rooms. Turning Stone Resorts Casino and Resorts World Catskill are pretty popular poker rooms among players. But aside from tribal casinos, gambling in the rest of the state is regulated by the New York State Constitution.
In Section 225.00(2), the state defines gambling as:
“Staking or risking something of value upon the outcome of a contest of chance or a future contingent event not under person’s control, upon an agreement that he/she will receive something of value, given a certain event.”
This is a very broad definition. We see that gambling isn’t necessarily limited to wagering money like it is in many states. The inclusion of “something of value” is broad and includes any type of wagering. The other keyword here is “chance”, which is a common word in gambling definitions. New York goes a bit further to include “a future contingent not under a person’s control”. This broad definition is what makes poker, and several other games, fall under the New York gambling umbrella.
Can I Play Poker on PokerStars in New York?
Nope, but if you’re in New York City, you can hop over the bridge and play PokerStars in New Jersey. PokerStars is slowly coming back to the United States. Because of the legal trouble it got into after 2011, some states have been excluding it after regulating online poker. It’s a state-by-state decision though and both New Jersey and Pennsylvania agreed to license PokerStars.
Since there’s no online poker regulation in New York, there’s no PokerStars either. Another thing about PokerStars in the US, is that the player pools are small. So far, New Jersey players can only play with other New Jersey players and the same goes for Pennsylvania. Luckily, there are sites that accept players from all 50 states, including New York.
Sites like Bovada and Ignition Poker have large player pools, sweet bonuses and great tournaments. They’re a great PokerStars alternative for poker players in New York. If you want to read more about these sites –and others– check out or reviews and top recommendations below:
Online Poker Legal In New York
Legal Gambling in New York
As we mentioned before New York has a few legal gaming options for residents and some incredibly popular ones too. The state has some of the most popular card rooms in the country and pretty much everything else. The only form of gaming allowed in the United States that’s not currently available in New York is online gaming.
New York has popular horse tracks like Belmont Park, Aqueduct Racetrack and Yonkers Raceway. Pari-mutuel betting has been legal in New York since 1939. The New York Lottery has been going on since 1967 and is one of the biggest in the US. In 2019 they had a revenue of $10.3 billion with $3.5 billion going to the Lottery Aid to Education. The state also allows charitable gaming.
New York also has a plethora of casinos. It has racinos, tribal casinos and commercial casinos. In total, the state has about 25 different casinos. They have table games, slots, sports betting and more. Nearly half of those casinos are Native American casinos while the rest are spilt between racinos and commercial casinos. Commercial casinos popped up after 2013 when voters approved a constitutional amendment allowing casinos in the state.
Other States
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New York may be average in terms of its size, ranked the 27th largest state in the US, but if any territory knows how to pack in the populous, it’s this one. The Empire State is practically overflowing with the 3rd highest population of 19,651,127 (est. 2013). The economy is built upon an eclectic variety of industries that includes everything from cattle and apples to electronics and printing/publishing. Tourism plays a huge role in the state’s revenue and includes a wide range of casino gambling, although much of it is the untaxed tribal variety.
New York Online Gambling Laws
Though the state has toyed with the idea of adding online poker to the list of authorized gaming, New York has not elected to regulate the activity just yet. Without regulations in place, it’s easy to assume that online poker must be illegal by default, but that’s not always the case with US states. We will examine the laws and legalities of gambling in New York to determine if online poker is legal, illegal or somewhere in the middle.
Land-based Gambling in New York
Gambling in all forms (except lotteries) was prohibited in New York in 1821, followed by a lottery ban in 1864. I wasn’t until 1939 that pari-mutuel betting on horse races became a legal activity, and charitable bingo games in 1957. The New York State Lottery was re-enacted in 1968, and a limited number of chance-based gambling games were permitted for charitable purposes only in 1975. As for traditional casino gambling, that didn’t arrive until 1993, 5 years after the IGRA, when tribal gambling became legal on a Class III level (games played against the ‘house’; no poker). Along the way, three tribes were granted Class II gaming licenses from the NIGC to offer bingo and poker games, and horse tracks were eventually permitted to operate as racinos, but were restricted to Class III gaming.
In 2012, Superstorm Sandy devastated the northeast, causing $42 billion worth of damage in New York alone. The expansion of casino gambling became a huge topic, hoped to serve as a means of recovering some of those outrageous expenditures. The next year, a bill passed to allow up to 7, full-fledged commercial casinos in up-state New York, expected to open as early as 2016.
Due to the rapid expansion of gambling approved by politicians and voters alike, it’s certainly not a far stretch to think that online poker will be added to the menu. However, officials have clearly stated that they wish to focus on the expansion of the state’s land-based gambling industry before paving anymore new paths.
Deciphering the Laws of New York as they relate to Online Poker
New York Online Poker Legally
The gambling laws of New York do reference the internet, but only in the authorization of online pari-mutuel wagering. Since online poker is not yet a regulated activity, we will next observe the Penal Code of New York as it may relate to internet poker games.
| Section | Text | Meaning (in re online poker) |
| § 225.000 Gambling offenses; definitions of terms | 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. | Poker is contest of chance in New York. |
| 2. “Gambling.” A person engages in gambling when he stakes or risks something of value upon the outcome of a contest of chance…upon an agreement or understanding that he will receive something of value in the event of a certain outcome. | Playing poker for real money is defined as gambling in New York. | |
| 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… 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… | A poker player who stands to gain nothing but personal gambling winnings is a player; (as opposed to advancing gambling activity or profiting from gambling activity). | |
| 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 | A computer or mobile device can be used in the playing phases of any gambling activity. If one such device is used to play real money online poker, it could potentially be defined as a gambling device. | |
| 12. “Unlawful” means not specifically authorized by law. | Any gambling activity that is not expressly authorized in New York is illegal by default. | |
| § 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… 2. Any other gambling device, believing that the same is to be used in the advancement of unlawful gambling activity… Possession of a gambling device is a class A misdemeanor. | Possessing a gambling device and knowing it is to be used for conducting illegal gambling is punishable by up to 1 year in jail and/or up to $1,000 fine. |
Is Online Poker Illegal in New York?
Yes. The definitions of contest of chance and gambling undeniably include the game of poker, and any gambling activity that is not specifically authorized by state law is consequentially deemed unlawful. Therefore, without a regulated online poker market in New York, one must assume that it is illegal to play poker online for real money. It should be noted, however, that there is no punishment imposed for players who wager on illegal gambling activities. The only possible penalty for an online poker player would be the possession of a gambling device, which does carry a fairly hefty punishment.
Is New York working to legalize Online Poker?
Yes. After passing a bill to expand the land-based casino gambling industry in 2013, New York legislators went the extra step to introduce not one, but two online poker bills, A 9509 and S 6913, in March of 2014. The first was stricken almost immediately, but the second was amended and referred to the Racing, Gaming and Wagering committee. Unfortunately, it’s laid dormant ever since. New York legislators made it quite clear that 2014 was not the time for a regulated online poker market. Officials would rather focus on the current casino expansions in up-state New York for the time being.
On the whole, yes, New York is expected to legalize online poker, but it could be 2016 before the issue resurfaces as a serious topic.
Online Poker Players from New York
New York is brimming with grinders of the virtual felt, and for the most part, they aren’t too shy about their online poker prowess. John “elitewrestla” / “fml4dawin” Russo, Richard “purefocussss” / “anenchephalous” Block, Charles “ottoclem” Geier, James “foldbos” Gettinger, Chris “kekzee” Delarato, Jesse “Jhateeee” Haight, Connie “Garnet78” Rinaldi, Jake “jmasterrich” / “Brooklynblunts” Richards, the list goes on and on…
Land-Based Card Rooms in New York
There are currently 18 casinos in New York, but only 4 of them boast a live poker room. 10 of them fall into the category of Native American casinos, while the other 8 are state-regulated racinos (horse tracks supplemented with casino style gambling). The list below is ordered alphabetically by name, including location and the availability of a poker room.
Akwesasne Mohawk Casino
Location: Hogansburg, NY
Poker Room: No
Batavia Downs Casino
Location: Batavia, NY
Poker Room: No
Empire City Casino at Yonkers Raceway
Location: Yonkers, NY
Poker Room: No
The Fairgrounds Gaming
Location: Hamburg, NY
Poker Room: No
Finger Lakes Gaming and Race Track
Location: Farmington, NY
Poker Room: No
Lakeside Entertainment
Location: Union Springs, NY
Poker Room: No
Mohawk Bingo Palace and Casino
Location: Akwesasne, NY
Poker Room: Yes
Monticello Gaming & Raceway
Location: Monticello, NY
Poker Room: No
Resorts World Casino New York
Location: Ozone Park, NY
Poker Room: No
Saratoga Casino and Raceway
Location: Saratoga Springs, NY
Poker Room: No
Seneca Allegany Casino
Location: Salamanca, NY
Poker Room: No
Seneca Buffalo Creek Casino
Location: Buffalo, NY
Poker Room: No
Seneca Gaming and Entertainment
Location: Irving, NY
Poker Room: No
Seneca Gaming and Entertainment
Location: Salamanca, NY
Poker Room: Yes
Seneca Niagara Casino
Location: Niagara Falls, NY
Poker Room: Yes
Tioga Downs & Casino
Location: Nichols, NY
Poker Room: No
Turning Stone Resort & Casino
Location: Verona, NY
Poker Room: Yes
Vernon Downs & Casino
Location: Vernon, NY
Poker Room: No