Is online poker legal in New York?

• When Will Online Poker Be Legal
• Borgata Online Poker Nj

No, online poker is not explicitly legal in New York. Since New York law doesn’t explicitly criminalize online poker, some might assume that such an omission actually makes it legal. However, that assumption would be wrong.

Section 225.00 of theNew York Penal Code clearly states a person engages in gambling when that person stakes or risks something of value upon the outcome of a contest of chance. It says any contest, game, gaming scheme or device in which the outcome depends on chance, even if the skill of the player may also be a factor, should be considered a game of chance.

Tribal and commercial casinos offer live poker rooms that host both cash games and tournaments.

Legal Gambling Age in New York New York is very strict when it comes to enforcing its legal gambling ages for all residents. The legal age for participating at land-based bingo, online bingo, dog and horse racing and the state lottery is 18 years old.Players must be a minimum of 21 years old to take part in land based and online casinos, land based and online poker rooms, and online. Online poker alleviates many of the issues of live poker that we’ll cover below. First, here are the best New York poker sites online right now. New York has a few cardrooms, and each one offers different.

Sweepstakes poker in New York

While New Yorkers cannot play legal real money poker online, sweepstakes online poker sites provide an option.

By employing a sweepstakes model and using virtual currencies rather than cash, these poker sites are able to operate in states where traditional online poker is not available. The best known and most popular sweepstakes poker site in NY is Global Poker.

Global Poker welcomes players from New York and every other US state aside from Washington. The site uses two virtual currencies: Gold Coins and Sweeps Coins. Players can buy Gold Coins and use them to play “cash” games and tournaments where they can win more Gold Coins.

The Gold Coins have no actual cash value. However, when players purchase Gold Coins, they also receive free Sweeps Coins as a bonus. You can use these Sweeps Coins to play in “cash” games and to enter tournaments for which the prizes are Sweeps Coins. Players can collect Sweeps Coins by other methods, too, such as through Facebook giveaways or by writing directly to Global Poker to request them.

Once players have won a certain number of Sweeps Coins, they can redeem them for cash prizes that they can then withdraw.

Are offshore poker sites safe for NY players?

No. There are a number of online poker sites accepting NY players, however, they are offshore sites. Offshore poker sites present significant risks for players, and you should avoid them in favor of legal sites.

If you deposit funds and play at an offshore site, you do so without any of the protections a licensed and regulated poker site provides. Since offshore sites operate outside of New York jurisdiction, you have no legal recourse should you encounter any problems related to the security of their funds or game integrity.

If you suspect cheating, collusion, multi-accounting or other issues regarding the fairness of games on an offshore site, you have to hope the site’s security team will respond to your complaints and deal with them appropriately. But there are no guarantees, and no legal means to ensure against such issues arising.

There have even been cases where such sites have shut down without notice, leaving players suddenly unable to access their accounts. Again, if an event like this were to occur, you would have little or no chance of recovering your bankroll.

When Will Online Poker Be Legal

The short answer, then, of whether it is safe to play on offshore sites is no, it is not. Fully legal, licensed and regulated sites are much preferable for US players.

When will NY have legal online poker sites?

It might seem as though New York is unlikely to legalize real money online poker any time soon. Residents in the state shouldn’t be entirely pessimistic, though.

Online poker in NY has a number of supporters among the state’s lawmakers. In fact, they have been seriously discussing the possibility of legalizing online poker for many years.

Online poker legislation has been introduced in New York every single year since 2014. In 2017, the Senate even voted in favor of a bill by an overwhelming 54-8 margin before it subsequently died in a House committee.

Primary proponent Sen. Joseph Addabbo reintroduced the online poker bill again in 2020, though it once again failed to move forward. As in the past, the bill would have authorized up to 11 licenses for online poker, each good for 10 years. The state would collect 15% tax revenue, a rate similar to both New Jersey and Pennsylvania.

The bill may not have advanced up the legislative ladder, but the issue certainly remains in play.

Recently, Gov. Andrew Cuomo and state lawmakers have seriously started considering the possibility of legalizing online sports betting in New York. There has also been discussion surrounding online gambling as a general topic. Either development could very well create favorable conditions for the subsequent introduction of legal online poker.

Online poker options in New Jersey and Pennsylvania

As far as real money online poker options go, New York players can create accounts on legal online poker sites in New Jersey and Pennsylvania. They can even deposit funds from their New York homes. However, players must be physically within the applicable states in order to play online poker.

Online poker rooms in both New Jersey and Pennsylvania offer a great variety of cash games, sit and go’s and multitable tournaments. Most sites focus on No Limit Texas Hold’em and Pot Limit Omaha, although WSOP.com also spreads seven-card stud, and PokerStars has a variety of mixed games.

Many New York poker players routinely travel either to NJ or PA to participate in the big online tournament series that frequently run on WSOP.com and PokerStars. WSOP.com invites New Jersey players to compete for WSOP Online Circuit rings and even WSOP bracelets.

In addition, on PokerStars, players in the Garden State can play the New Jersey Spring Championship of Online Poker (NJSCOOP) and New Jersey Championship of Online Poker (NJCOOP) series, and those in Pennsylvania can play the PASCOOP and PACOOP.

Live poker in New York

There are a number of live poker rooms in New York’s casinos. Poker rooms in the tribal casinos date back to the 1990s and 2000s, while commercial casino poker is newer, opening during the latter half of the 2010s.

Here’s a quick look at the poker rooms in each of the four tribal casinos and four commercial casinos:

Also worth noting are the two commercial poker rooms at Casino Niagara (26 tables) and Fallsview Casino Resort (16 tables), both in Niagara Falls just over the border in Ontario, Canada.

Commercial vs. tribal casino poker rooms

Players must be 21 or older to play any of the games in New York’s commercial casinos, including poker. Tribal casinos, though, operate within their own jurisdictions. As a result, in some cases, the age requirement differs.

For example, the minimum age to play poker at the Akwesasne Mohawk Casino Resort, Seneca Allegany Resort & Casino and Turning Stone Resort Casino is 18 years old. Seneca Niagara Casino & Hotel, however, requires players to be at least 21 to play.

Brief history of New York poker

When it comes to underground poker, New York is home to many of the most famous clubs in America.

Books like The Thompson Street Poker Club and Queer Luck from the 1880s and 1890s chronicle such clubs and the characters who populated them, albeit in an embellished fashion.

Starting in 1919 and lasting into the early 1930s, another well-known poker club met regularly at the Algonquin Hotel in midtown Manhattan. The group consisted of actors, writers, poets, columnists and critics, and they called themselves the Thanatopsis Pleasure and Inside Straight Club. Given that members of the famed Algonquin Round Table took part, it’s no surprise there were many stories written about the games.

Such poker games weren’t technically legal, but they thrived nonetheless. New York eventually legalized other types of gambling, like pari-mutuel wagering on horse races (reinstated in 1940) and the state lottery (in 1967). Underground poker clubs remained illegal but could be found all over the five boroughs.

Many clubs met in private homes or apartments, while others set up in restaurants, bars, office buildings and sometimes even in churches. A number of clubs convened at Hungarian restaurants commonly known as “goulash joints” or “ghoulies.”

Some clubs became quite famous, such as the Mayfair Club, which started as a bridge club before introducing backgammon, gin rummy and poker. Famous players like Stu Ungar, Erik Seidel and Dan Harrington were among those who played poker at the Mayfair. Later, the writers of the 1998 film “Rounders” would draw inspiration from the Mayfair and model the fictional Chesterfield Club after it.

Such clubs began encountering significant resistance from legal authorities, particularly during the tenure of New York City Mayor Rudolph Giuliani. The Mayfair was shut down in 2000, as were other clubs. Eventually, though, other establishments arose to take their place.

Legal options for New York poker players have also emerged over the years. In 1993, the state’s first tribal casino opened: Turning Stone in Verona. Others followed, and in 2013, voters authorized an amendment allowing commercial casinos to open outside of New York City. The first of these opened a few years later.

NY’s path to legalizing online poker

As mentioned, online poker legislation has been a topic of legislative discussions in New York since 2014. At first, a few half-hearted bill submissions and discussion was all there was.

However, in 2016, a bill passed through the Senate Racing, Gaming and Wagering Committee. It marked the first time online poker legislation pushed past the introduction stage.

The NY Senate passed the bill by a vote of 53-5, and things looked promising. However, the 2016 legislative session ended in June without any action from the State Assembly.

The Senate passed similar legislation by a vote of 54-8 in June 2017. From there, online poker legislation looked like a good bet to go beyond where it had gone a year earlier. Unfortunately, like its predecessor, the bill never made it past the Assembly’s Standing Committee on Racing and Wagering.

The next two years, 2018 and 2019, proved to be quite frustrating for fans of online poker games. Although the demise of PASPA in 2018 was a boon for state legislatures and sports betting, it may have had a negative effect on the prospects for online poker in New York. Since the profit and tax potential for sports betting is so much higher than for online poker, many lawmakers made it clear that online sports betting would happen before online poker had a chance.

Another court ruling further wounded the prospects of online poker in New York. The online poker bills filed by State Sens. John Bonacic and, later, Joe Addabbo both relied upon the argument that poker was predominantly a skill game. However, a state court ruled that the skill argument was invalid for daily fantasy sports, and created a precedent that would apply to online poker, too. In 2020, a state appellate court upheld the lower court’s finding.

Between the blossoming of sports betting and the legal challenges, New York’s 2018 online poker bills died uneventful deaths without floor votes. Because sports betting became the en vogue topic, refiled bills didn’t even have the same level of momentum in 2019 or 2020.

However, New Yorkers who want online poker can take solace in the fact that they do have some steadfast champions in the legislature. In addition to Addabbo, who took up the torch after Bonacic retired in 2019, State Assemblymen Gary Pretlow and Clyde Vanel have also acted positively toward online poker legislation.

With that said, the end of 2020 seemed to put online sports betting in the spotlight, as Gov. Andrew Cuomoreversed his stance and endorsed the practice. At this point, online poker fans should hope that online sports betting can become a reality and let lawmakers see the potential of allowing the online poker games to begin.

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

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:

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.

Borgata Online Poker Nj

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.