New York Gambling Laws & Online Poker in New York

New York still doesn’t have any online poker legislation in place.  However, changes have been discussed and there could be progress made in the next couple of years.

Type/Code Summary
State Code Section(s) PEN.225; PEN.470; RPMW.100-1401; GML.9A; GML186-195;
Definition of 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.
Definition of Contest of Chance 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.
Definition of Player 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.
Online Poker/Gambling Legislators have been working to pass bills to legalize online poker in New York for several years. Bills have twice passed the Senate but not the Assembly, and the current bills in 2018 did not pass either house. There will likely be another effort in 2019 for online gaming.
Live Poker There are poker rooms in many of the state’s casinos that offer cash games and tournament poker.
Casinos There are a number of Native American casinos and racetracks with casino games (racinos) operating in the state, and several commercial casinos are opening in 2018 and 2019 as full-blown casino resorts.
Sports Betting New York voted to legalize sports betting long before the 2018 US Supreme Court decision overturning PASPA, but new laws must be passed to regulate the activity. Bills are pending in both houses of the legislature and had not passed in the first half of 2018.
DFS The legislature passed a law to regulate daily fantasy sports in 2016.
Other Forms of Gambling Horse and harness racing, off-track pari-mutuel wagering, bingo, lottery, charitable gambling, social gambling in private settings.

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