Certainly, the law is on the side of players, and even offers recourse to recoup losses suffered at the hands of illegal gambling operators. Thus, while offering online gambling in New York State is most certainly illegal, the simple act of playing may not be. New York State's gambling laws do not mention online gaming specifically, and while some states criminalize anyone who engages in illegal gambling activity, the NYS Penal Code focuses on prosecuting operators rather than players and draws a very distinct line between the two.įor example, according to S 225.03 of the state penal code, 'a person 'advances gambling activity' when, acting other than as a player, he engages in conduct which materially aids any form of gambling activity.' Unless expressly authorized, 'all wagers, bets or stakes, made to depend upon any race, or upon any gaming by lot or chance, or upon any lot, chance, casualty, or unknown or contingent event whatever, shall be unlawful.' Therefore, any gambling expansion bill passed by the legislature requires a constitutional amendment that needs to be agreed by a majority of voters in a public referendum. Gambling is illegal in New York State unless specifically authorized by the state constitution. Gambling in New York is defined as an act of “staking or risking something of value upon the outcome of a contest of chance or a future contingent event not under a person’s control, upon an agreement that he/she will receive something of value, given a certain event.” At the time of writing, the licensing process is ongoing. In 2022, it was announced that the remaining three licenses would be made available for downstate, opening up the possibility of casinos in New York City, long the Holy Grail for casino operators. Four Upstate New York licenses were granted in 2014, and the new casinos were completed in 20. The amendment allowed for up to seven gaming licenses. The construction of commercial venues was authorized in 2013 when voters approved the required constitutional amendment proposed by Gov.

Three New York tribes negotiated their compacts with the state soon after the federal government passed the Indian Gaming Regulatory Act (IGRA) in 1988, and they built their casinos throughout the nineties. New York State boasts a robust gambling industry, which consists of 18 tribal casinos, four Las Vegas-style commercial casinos, nine racinos, and the biggest state lottery in the US by revenue.

Is online gambling legal in ny