New York Online Poker Legal

New York Online Poker Legal 8,7/10 391 votes

The state of New York has long been associated with poker, dating back to several nationally known 19th-century poker clubs. It extends through the 20th and 21st centuries and the famed underground games, such as at the Mayfair Club, which the Chesterfield in Rounders was based off.

While live poker has traditionally been restricted to backroom clubs in the heart of New York City, moves are afoot to regulate online poker for NY residents AND introduce major new land-based casinos in the state. Soon, you'll be able to play at legal poker sites in New York that are regulated by the state.

  1. There is one simple rule to live by when it comes to online poker and the law in New York: It’s that in the absence of legislation making it legal to operate an online poker site, online poker is against the law. However, most agree that legislation is as close to passing New York online poker as it has ever been.
  2. The Current Legal Online Poker Situation in New York According to the New York Penal Code, it is illegal to take part in any online gambling activity. The only accepted form of betting is with the state lottery and gambling at any licensed facility based in New York.

When it comes to legal poker in New York, the history is not quite as long or colorful, although several poker rooms are popular among players in the state’s tribal and commercial casinos.

Meanwhile, legal, real money poker has yet to come to NY despite the efforts of lawmakers over recent years.

What follows is an overview of NY poker, including the state’s history, sweepstakes online poker sites and offshore sites. Furthermore, we review current New York poker laws and their relevance to home games, a list of card rooms in the state and a look ahead at poker in the Empire State.

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Is online poker legal in New York?

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

New York Online Poker LegalOnline poker legal in new york

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.

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:

POKER ROOMADDRESSTABLES
Akwesasne Mohawk Casino
873 State Route 37, Hogansburg, NY 13655
5
Del Lago Resort and Casino
1133 Route 414, Waterloo, NY 13165
14
Resorts World Catskills
888 Resorts World Dr., Monticello, NY 12701
19
Rivers Casino & Resort at Mohawk Harbor
1 Rush St., Schenectady, NY 12308
16
Seneca Niagara Resort & Casino
310 Fourth St., Niagara Falls, NY 14303
23
Seneca Salamanca Casino
768 Broad St., Salamanca, NY 14779
8
Tioga Downs Casino
2384 W. River Rd., Nichols, NY 13812
6
Turning Stone Casino
5218 Patrick Rd., Verona, NY 13478
32

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.

  • »Is Online Poker Legal in the USA?

2020 Update: Can I Play Online Poker in New York?

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.

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Legal Online Poker In New York State

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.

Legal Online Poker New York

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.

Online Poker Legal In New York

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