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Table of contents:

Gambling Laws in New York

Key Points

  • The legal age for gambling in New York starts from 18, depending on the gambling activity.
  • The New York State Gaming Commission (NYSGC) regulates all forms of legal gambling in the state.
  • New York first legalized sports betting in 2013 when it approved the Upstate New York Gaming Economic Development Act.
  • In 2022, New York's Court of Appeal ruled that Daily Fantasy Sports contests do not qualify as gambling.

As of 2023, online casinos in New York are still illegal and operate outside of the state's legal framework.

However, New Yorkers have access to a variety of legal types of gambling, including commercial and tribal casinos, state-sanctioned lotteries, pari-mutuel wagering on horse races, video gaming terminals, and charitable bingo.

While the legal gambling age in New York is 18+ years of age, most gambling establishments only welcome customers who are 21 or older.

Remote sports betting and daily fantasy sports (DFS) are also permitted in New York.

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New York's gambling history dates as far back as the 1700s when much of the gaming involved lotteries

The New York State Gaming Commission (NYSGC) is the official agency regulating gambling on Empire State territory. The organization oversees commercial casino operators, video lottery terminals, land-based lotteries, sports betting, daily fantasy sports, and horse racing in Schenectady. Class III gaming on tribal territories is also subject to its regulatory control.

The New York State Gaming Commission was formed in early 2013 after the New York Lottery joined with the State Racing and Wagering Board. The governor appoints seven members to the agency with the advice and agreement of the Senate.

Each commissioner must have a minimum of five years of administrative experience as well as a permanent residency in New York.

Timeline of New York Gambling Legislation

1821: New York amended its second constitution to prohibit general lotteries but exempts lotteries intended to fund public works projects. This was the first reported gaming ban.

1864:Lotteries of all kinds were officially abolished following a series of scandals involving raffle-style lotteries.

1894: Further gambling prohibitions were enacted. This action drives gambling underground, and mob families take advantage of the opportunity to operate an illegal gambling network in their separate regions inside New York and neighboring states. This was in the midst of the prohibition era, which would last into the 1930s.

1939: New York approved pari-mutuel betting on horse racing.

1957: New York allowed bingo for charitable purposes.

1966: The New York lottery became legal.

1970: All charitable games were legalized, allowing participants to participate in bingo and raffles.

1973: The State Racing & Wagering Board was established in New York to monitor horse races and related wagering activities.

1993: Tribes in New York were recognized by the state and granted permission to build casinos.

2002: The Big Game is rebranded Mega Millions, and New York sells its first multi-state lottery tickets.

2011: The Black Friday raid targeted illicit state-based gaming sites.

2013: Legislation was approved to significantly increase the number of casinos by licensing non-tribal casinos in underdeveloped upstate communities in order to reinvigorate the local economy.

Also, sports betting was authorized at the state level in New York on November 5, 2013, when voters adopted the New York Casino Gambling Amendment, Proposal 1. This amendment authorized four new commercial casinos to provide sports betting, assuming the federal ban on sports betting is overturned.

2018: The US Supreme Court repealed the Professional Amateur Sports Protection Act (PASPA) on May 14, 2018, removing the federal prohibition on sports betting. With a state-level statute already in place, New York was allowed to begin drafting legal sports betting regulations.

2019: On July 16, 2019, the Rivers Sportsbook at Rivers Casino in Schenectady became the first retail sportsbook in New York to begin accepting wagers. Other sportsbooks, like FanDuel, DraftKings, and Caesars Sportsbook, would open their own physical facilities.

2020: New York state authorities such as Senator Joseph Addabbo and Assemblyman Gary Pretlow lobbied for the legalization of online sports betting in 2020. However, the COVID-19 epidemic delayed sports betting reform in the Empire State.

2021: New York state legislators passed a state budget bill that paved the ground for the start of mobile and internet sports betting in the state. Regulators such as the New York State Gaming Commission will spend the remainder of the year drafting the official guidelines for mobile sportsbooks in New York.

2022: The New York online sports betting market opened on January 8, 2022, with nine sportsbooks.

New York Gambling History

New York has had a somewhat unusual history involving casino gaming. It stretches as far back as the 1700s when much of the gaming involved lotteries - something that could be classified as a raffle in the current 21st century.

Essentially, numbers were drawn after staging prize lotteries, a practice that went on with the law’s permission up to the early 1800s. By the 1820s, there was a significant amount of concern raised after a lot of fraudulent practices associated with the lotteries were found, and the state launched a gradual ban.

For the rest of the century, there was a lot of debate on how best to enforce anti-gambling legislation. However, it proved to be a complex issue to solve because it was during that time that horse racing gambling boomed as well.

When the Great Depression started at the beginning of the 1900s, there was a severe need for an increase in government revenues, and right there, the tables were turned. For the first time, the ban on some types of gambling was slowly repealed in the years that followed.

Off-Track Betting

In 1970, New York legalized off-track betting. As a result, the Off-Track Betting Corporation was set up to regulate off-track betting in the state. Off-track betting was legalized in several other jurisdictions as well.

The goal of the statute was to put a stop to the illegal bookmakers who were running betting operations in New York. Also, New York needed an extra tax source for local and state governments.

In 1971, the Corporation made its first wager, and Schenectady, New York, finished second. Off-track bookmakers began transmitting live video in 1984. This made it possible for gamblers to track the outcomes of races in real-time.

Off-Track Betting (OTB) is currently permitted in New York. As a result, punters can find several casinos to place their wagers in the state.

New York State Lottery Legalisation

The lottery industry in New York State has a rich and interesting history. They were legitimized for the first time in 1967. Over time, the state allowed residents to legally purchase tickets for national lotteries. Resorts World Casino is one of the several casinos in the state where you may buy tickets.

Even more significantly, in 2010, New York joined the US Powerball, marking a major milestone for the state. Playing this lottery is like playing the lottery for the majority of Americans. Tickets for the Mega Millions lottery were initially distributed in 2002.

Racinos Established

In 2001, the New York legislature authorized the use of video lottery terminals at racetracks. In 2004, the first Racino opened, and there are currently nine in operation throughout the state as of 2023.

Racinos and other Native American casinos play a major part in the state's gambling industry. Citizens and visitors continue to visit them for casino games, sports betting, and parimutuel betting.

Tribal Gaming in New York State

The state of New York is home to more Indian casinos than any other kind of gambling establishment. Native American tribes conducted the only legal form of gambling in New York before 2013.

With the enactment of the Federal Indian Gaming Regulatory Act in 1988, the first tribal gaming facility opened its doors to the public in 1993. The Oneida Indian Nation, one of four indigenous communities in New York State with the legal authority to manage casinos, oversaw the initial operation. St. Regis Mohawks, Seneca Nation, and Cayuga Nation are the other three groups.

Since New York's tribal casinos provided the state's first taste of Las Vegas, they continue to draw the greatest attention from gamblers. With the issuance of gambling licenses for Native American tribes, New Yorkers now have options for in-state play rather than simply driving to Canada or New Jersey.

Some of the best casinos in New York are found in places like Turning Stone. The resort has been recognized as the most outstanding gambling resort in the State on multiple occasions over its more than two decades of service.

New York Legalizes Casino Gambling

In 2013, casino gambling became allowed in the state. Specifically, this marked the conclusion of a lengthy period of attempts to legalize casino gambling in person. Prior to the legalization of casinos, gambling was restricted to Indian casinos, and horse racing was the most popular sport for wagering.

At the time of legalization, there were already multiple casinos available. The legalization was a comfort to them because they could now provide a variety of casino games without difficulty.

Moreover, with the legalization of casino gambling, the state acquired an additional source of desperately needed cash. Casino revenue is utilized for a variety of objectives, primarily to cover budget shortfalls.

No longer must New Yorkers relocate to other states to enjoy gaming. They now have access to a variety of casino games, such as blackjack, slots, baccarat, and poker. There are numerous casinos in the state where you can play your favorite casino games.

Casino-Based Sports Betting

In 2019, New York permitted its residents and visitors to place sports wagers. This occurred as a result of the Supreme Court's decision to allow states to authorize sports betting, overturning the 1992 law that made such wagering unlawful.

The state reached a new milestone in 2021 when it legalized mobile and online sports betting. As of 2023, the bulk of casinos offering the service already have physical locations in New York. However, a large number of casinos are in the process of receiving gaming licenses and are likely to open in the near future,

Establishment of the New York State Gaming Commission

On February 1, 2013, the New York State Gaming Commission officially went into effect. The Commission was established by Chapter 60 of the Laws of 2012.

The New York State Gambling Commission is in charge of overseeing the entire gaming industry in the state. Racehorse wagering, pari-mutuel betting, Class III Indian Gaming, the state lottery, commercial gaming, and charitable gaming are all covered under the rules.

The legislation consolidated the New York State Racing and Wagering Board with the New York State Lottery.

The purpose of the New York State Gaming Commission is to ensure that all legitimate gaming and horse racing operations in the state are done with the utmost honesty and professionalism. The Commission runs the New York Lottery in the most open and accountable way possible, protecting the interests of players while also protecting the integrity of the state's gaming industry.

In addition to promoting the health and safety of horses and all participants in racing, the Commission works to ensure that all stakeholders in the gaming and horse racing industries are treated fairly and responsibly. This includes consumers who place wagers on activities regulated or operated by the Commission.

New York State Gaming Commission and Indian Casinos

The New York State Gaming Commission does not regulate New York's Indian casinos. This falls under the jurisdiction of the Indian Gaming Commission.

The National Indian Gaming Commission is an autonomous governmental organization under the Department of the Interior dedicated to the prompt and efficient regulation of the Indian gaming industry. This market encompasses more than 420 gambling establishments in 28 states, which are affiliated with almost 240 tribes. The agency was founded in 1988 under the Indian Gaming Regulatory Act.

New York and the Seneca Nation of Indians, the Oneida Indian Nation of New York, and the St. Regis Mohawk Tribe have reached Class III gaming agreements. Class III gaming is the only Indian activity regulated by the NYSGC.

The Board Gaming Inspectors guarantee that all gaming operations adhere to the Compact's requirements. Gaming Inspectors are trained, professional detectives collaborating with Nation or Tribal Gaming Inspectors to oversee gaming activity.

After filing a complaint, casino patrons may seek State Gaming Operations Inspectors to clarify gaming regulations and recourse.

In New York, full-scale casinos are operated by the Oneida Indian Nation, the St. Regis Mohawk Tribe, and the Seneca Nation of Indians. Indian land is not subject to state law until federal law makes it so. The National Indian Gaming Commission monitors Native American tribes.

New York Online Casino Laws

In 2019, the New York Legislature made retail sports betting legal, and in April 2021, Gov. Cuomo signed the state budget into law, making online sports betting legal. The New York State Gaming Commission (NYSGC) chose nine operators to allow mobile betting in November 2021. On January 8, 2022, the first legal online bet was made in the Empire State.

As of 2023, online casinos are not legal in New York. But that might change soon. Even though lawmakers haven't been successful, there is still a lot of hope that laws will be passed in 2023.

In-Person Casino Laws in New York

There are many legal gambling choices in New York, including a lottery, racinos, poker, charitable gambling, video gaming machines, pari-mutuel betting, sports betting in upstate casinos, and tribal gaming facilities and casinos.

Since New York has not yet authorized state-based online gambling, it is still illegal to own or run an online gambling site within the state as of 2023.

Gambling Legislation in New York

As is the case in the majority of US states, New York's gambling laws are relatively complex. The State Constitution and the Penal Law are the key pieces of legislation that govern this industry.

Under the Indian Gaming Regulatory Act, some federally recognized tribal nations have compacts with state governments to operate casino games on their reservations. Lotteries authorized by the state fall under the jurisdiction of the New York Tax Law.

New York State Constitution

Article 1, Section 9 (1) of the New York State Constitution addresses gambling, stating that gambling is mainly illegal with few exceptions. The law exempts state-run lotteries and pari-mutuel betting on horse races and permits commercial casino gambling at up to seven licensed establishments.

Casinos were prohibited in the Empire State until November 2013, when voters approved an amendment decriminalizing them. Local villages, towns, and cities are authorized by Section 9 (2) to vote on the operation of bingo and similar number games for charitable purposes by non-profit organizations.

The organizers and operators of such games are not entitled to compensation. Single awards cannot exceed $250 in value. Any series of wins earned on a single occasion cannot exceed $1,000.

New York Penal Law

The New York Penal Law also includes allusions to gambling, defining it as the wagering or risking of something of value on outcomes that are essentially determined by chance. The bettor should earn something of value if he or she accurately predicts the outcome of the event based on chance. According to the wording of the statute, there is no distinction between land-based and online gaming.

The law also defines gambling devices as machinery or equipment used to conduct gambling activities between individuals or between a player and a machine. Bookmaking is defined as the illegal business of accepting wagers from individuals.

The New York Penal Law prohibits the promotion of illegal gambling as well as the possession of illegal gambling records or gaming devices. Also considered criminal violations include the manipulation of gambling results, the use of counterfeit gaming devices, and other gambling-related scams.

Players who participate in illegal gambling are not penalized under the New York Penal Law. Depending on their severity, gaming frauds are either misdemeanors of Class A or crimes of Class E.

The possession and use of illegal gaming equipment are also considered a Class E felony. Individuals convicted of Class E felonies face up to four years of probation. Those convicted of Class A misdemeanors face up to three years of probation, up to 364 days in jail, and/or maximum fines of $1,000.

New York Racing, Pari-Mutuel Wagering, and Breeding Law

Article 13 of New York's Racing, Pari-Mutuel Wagering, and Breeding Law permits the operation of up to four casino resorts in upstate New York. The tax revenue collected by the state from these casinos is used to subsidize public schools and the municipalities that host commercial gaming establishments.

The statute differentiates between two development zones. New York City, Westchester, Suffolk, Putnam, Rockland, and Nassau make up the first zone. The second zone includes all other New York counties. Each zone is subdivided into the following smaller development regions:

Development Regions within Zone One

  • Region 1 consists of Westchester, Putnam, and Rockland counties.
  • Region 2 consists of the New York, Kings, Queens, Bronx, and Richmond counties.
  • Region 3 - Suffolk and Nassau counties.

Development Regions within Zone Two

In the second zone, the law permits the New York State Gaming Commission (NYSGC) to award four commercial gambling licenses. However, the regulatory agency lacks the authority to issue such permits in the first zone.

One of the requirements for licensees is to begin gambling within two years of acquiring their permits. Counties like Madison, Cortland, Essex, Jefferson, Saint Lawrence, Hamilton, and Franklin are excluded from the authorization process for gaming establishments.

Article 14 of the same Act permits the operation of daily fantasy sports and specifies the requirements DFS operators must complete obtaining authorization from the state regulator.

New York's Tribal Gaming Compacts

The Indian Gaming Regulatory Act of 1988 governs the conduct of casinos on tribal lands in New York. Native American tribes that have signed compacts with individual states can legally operate casinos on tribal grounds under the terms of said law. The National Indian Gaming Commission handles the unique rules and regulations for Indian casinos.

Oneida Indian Nation, Seneca Nation of Indians, and Saint Regis Mohawk Tribe are the three nations with which the state of New York has formalized compacts as of the present. The New York State Gaming Commission's authority over tribal gaming operations is restricted to ensuring that they adhere to the compacts.

Gambling on tribal grounds can be broken down into three categories thanks to the Indian Gaming Regulatory Act.

Class I games include those performed at social gatherings for nominal stakes and those integrated into indigenous rituals and festivals.

Class II comprises bingo, card games, pull tabs, and punchboards that comply with state gambling rules.

Class III consists of roulette, video poker, and slots because they are not table games or card games.

There are no restrictions on the total number of casinos that the Saint Regis Mohawk and Oneida can run as per the state's compacts with the two tribes. Additionally, there is no cap on the total number of slot machines that can be installed.

The Seneca agreement allows the tribe to operate up to three casinos with an unlimited number of slot machines.

There is no set termination date for the compacts between the Oneida and Saint Regis Mohawk, and they continue in existence unless and until terminated by mutual written agreement of all parties. After the initial Seneca compact's 2016 expiration, it was extended for a further seven years.

New York Casino Age Limits

Different casinos in the state of New York have different minimum ages for gamblers. For example, the Seneca tribe's tribal casinos admit only those over the age of 21. Commercial casinos that sell alcohol also adhere to this rule. Such casinos are listed as follows:

  • Akwesasne Mohawk Casino Resort
  • Seneca Allegany Casino & Hotel
  • Point Place Casino

If a New York casino does not sell alcohol, then patrons as young as 18 years old are allowed inside. Bets can be placed at licensed offshore online casinos by anyone who is at least 18 years of age. These gambling establishments often have a wider selection of games, alternatives, and variety.

Available Casinos in New York State

New Yorkers are spoiled for choice when it comes to land-based casinos. In addition to the abundance of casinos in Upstate New York, there are also racinos and tribal gambling centers located across the rest of the state. Each New York casino that provides real money games is listed below.

  • Seneca Niagara Casino
  • Turning Stone Resort & Casino
  • Seneca Allegany Resort & Casino
  • del Lago Resort & Casino
  • Saratoga Casino Hotel
  • Batavia Downs
  • Empire City Casino
  • Akwesasne Mohawk Casino Resort
  • Finger Lakes Gaming & Racetrack
  • Hamburg Gaming
  • Jake’s 58 Hotel & Casino
  • Lakeside Entertainment
  • Mohawk Bingo
  • Point Place Casino
  • Resorts World Catskills
  • Resorts World Casino NYC
  • Rivers Casino & Resort Schenectady
  • Seneca Buffalo Creek Casino
  • Seneca Gaming and Entertainment Irving
  • Seneca Gaming & Entertainment Oil Spring
  • Seneca Casino Salamanca
  • Tioga Downs Casino Resort
  • Vernon Downs Casino Hotel
  • Yellow Brick Road Casino

Available Casino Games in New York

Even though it's against the law for New Yorkers to engage in online casino gambling, there are still many options available to them. These include both offshore sites and sites that accept players from the United States.

Hundreds of privately operated American platforms cover the entire country. These sites are typically based in another nation, but they have a fantastic selection of traditional table games, card games, and classic casinos.

There are plenty of legal land-based gambling sites in the state, including both tribal and commercial establishments, if you don't feel like taking any chances. Some of the most popular casino games played by New York residents are itemized below.

  • Roulette: Prepare for some ball-spinning action with the European and American varieties of roulette.
  • Baccarat: Make your wagers and get as near to 9 as possible.
  • Blackjack: Play this fascinating classic in the vast majority of casinos.
  • Craps: This is a popular dice game played in casinos and online.
  • Slots: Fans of this type of game may expect a great deal of reel-spinning diversity.

Sports Betting Laws in New York

The official launch of online sports betting in the state of New York occurred on January 8, 2022. You can now place legal wagers across state borders with any of the numerous registered sports betting businesses.

Upstate New York Gaming Economic Development Act

Signed into law in 2013, the Upstate New York Gaming Economic Development Act allows New York State bettors to wager on sporting events legally at land-based casinos.

However the New York State Gaming Commission (NYSGC) did not issue draft regulations for retail sportsbooks until March 2019. The regulatory framework was completed shortly after, and the state's first permitted retail sportsbook opened in July 2019.

The state of New York legalized sports betting in 2013 when it approved the Upstate New York Gaming Economic Development Act. The amendment to the New York state constitution permitted four unbuilt casinos to accept sports wagers in the future.

Due to a decades-old federal ban on sports betting, casinos were forbidden from establishing sports betting facilities at the time. In May 2018, the Supreme Court knocked down the Professional and Amateur Sports Protection Act of 1992 (PASPA), thereby lifting the prohibition.

In June 2019, the New York State Gaming Commission approved a final set of regulations paving the way for the launch of legalized sports betting at the aforementioned Upstate casinos. Article 13 of the state's Racing Pari-Mutuel Wagering and Breeding Law permits sports betting at gaming facilities. During a closely-watched meeting, the Commission reviewed a set of regulations that would permit sports betting at gaming facilities. The proposal was approved without objection by a vote of 6-0.

The regulations permitted the four casinos and their gaming partners to commence sportsbook operations upon completion of the Commission-established licensing application procedure.

  • Del Lago Resort & Casino in Seneca County (DraftKings)
  • Resorts World Catskills in Sullivan County (Bet365)
  • Rivers Casino in Schenectady County (Rush Street Interactive/BetRivers and Kambi)

Tioga Downs in Tioga County (Betfair US/FanDuel Sportsbook) On July 16, 2019, Rivers became the first retail casino in state history to accept an authorized sports bet with the opening of a 5,000 square ft. sports bar powered by Rush Street and Kambi. A sportsbook opened at Tioga Downs a few days later.

What sports are available for wagering in New York?

The following sports are eligible for legal wagering in New York sportsbooks:

  • Formula One, IndyCar, and NASCAR are the three premier auto-racing series.
  • Baseball: MLB
  • Basketball: NBA, WNBA, International
  • Boxing
  • College: Basketball, Football (unless a participating team or event is based in New York)
  • American Football: NFL and CFL
  • Golf: PGA, LPGA
  • Hocket: NHL, International
  • Rugby: International
  • Soccer: UEFA Champions League, MLS, Premier League
  • Tennis

New York Sports Betting Minimum Age and Geolocation

In order to wager on sports in New York, you must create an account. This should only take a few minutes. You can open a sports betting account using the operator's website or mobile app. In order to register and wager, however, you must be at least 21 years old.

Additionally, you must be physically situated within the state to wager. Before letting you bet, the sportsbook of your choosing will use your device's signal or wifi to verify that you are within state lines.

Please note that geolocation may fail if you have a weak connection or are close to a state border.

While you can still manage your account from outside New York, our software prohibits wagering unless you are physically located within the state.

New York’s Limits on Wagering on College Athletics

Different markets have different regulations when it comes to sports betting because each state makes its own rules.

Betting on college sports is legal in New York. However, wagering on New York college teams is not.

While March Madness wagering is legal, you cannot put money down on Syracuse or St. Bonaventure in the tournament.

The same holds true for other college sports teams in New York, not just football.

However, betting on all of your favorite New York professional sports teams is still possible.

New York's sports betting scene is governed by the state's Gaming Commission. The commission is responsible for issuing licenses to sports betting businesses and enforcing regulations on how they should run.

New York Online Sportsbooks

New York is home to nine different online sportsbooks: Caesars Sportsbook, PointsBet, BetMGM, FanDuel Sportsbook, DraftKings Sportsbook, BetRivers, WynnBET, Bally Bet, and Resorts World Bet. Here is a closer look at the nine sports betting apps now allowed in New York.

Caesars Sportsbook NY

In January 2022, Caesars Sportsbook New York became operational. Caesars Sportsbook is currently available in the Turning Stone, Point Place, and Yellow Brick Road casinos in upstate New York, so the site likely needs no introduction.

FanDuel Sportsbook NY

On January 8, FanDuel Sportsbook New York went live. Even before opening a FanDuel Sportsbook at Tioga Downs, the company had a substantial presence in New York, including its headquarters in New York City.

BetMGM Sportsbook NY

When it comes to open wagers, the BetMGM sportsbook app provides a level of freedom not available in other apps. Many sportsbooks include the Cash Out option, which permits you to accept a reduced payoff if your bet appears unlikely to win. With the Edit My Bet function, BetMGM Sportsbook New York goes several steps further.

BetRivers Sportsbook NY

BetRivers Sportsbook New York is currently open and accepting wagers. BetRivers is the sportsbook app for all Rivers casinos, including the Schenectady facility.

DraftKings Sportsbook NY

In New York, the DraftKings NY app is operational and accepting wagers. The betting carousel is one of the first things you will notice about the DraftKings NY app. This rotating display displays a selection of bets that DraftKings has determined are most relevant to you, based on your account choices and betting history.

PointsBet Sportsbook NY

Points Bet is the most prominent distinction of the PointsBet Sportsbook. You make a standard spread wager on the eventual margin of victory with a Points Bet.

BallyBet Sportsbook NY

Bally Bet NY distinguishes itself with an app that is simple to use and intuitively designed to make sports betting accessible for all gamblers. Additionally, Bally Bet features a social element that is not found elsewhere. On a feed within the app, you can view the bets you and your friends have placed, as well as the longest winning streak and the largest single victory.

WynnBet Sportsbook NY

WynnBet Sportsbook is the online sports betting division of the firm that operates the Wynn and Encore casinos. WynnBet established a sportsbook app in the United States just in the past several years, far later than other of its gaming industry competitors.

Resorts World Bet

Resorts World Bet is one of the lesser-known sportsbook operators in the US sports betting industry. Hence its position in the burgeoning New York market is somewhat unknown. Due to the several Resorts World locations in the Empire State, both in New York City and at Resorts World Catskills near Monticello, the firm entered the New York market.

NY Sports Betting at Tribal and Non-Commercial Casinos

Caesars Entertainment and the Oneida Indian Nation entered into a partnership in January 2019 to bring sports betting to three venues in Central New York. Caesars operated sports betting lounges at Turning Stone Resort & Casino in Verona, Yellow Brick Road Casino in Chittenango, and Point Place Casino in Bridgeport in accordance with the agreement.

The agreement with Caesars made the Oneida nation one of the first American tribes to launch a legal sportsbook. New York tribal groups had multiple options for implementing legalized sports betting. The National Indian Gaming Commission (NIGC) classifies sports betting as Class III gaming, the same classification as pari-mutuel wagering. In addition, a three-decade-old tribal gaming law, the Indian Gaming Regulatory Act (IGRA) of 1988, mandates that states permit sports betting for tribal groups if they permit the activity for non-tribal gaming operators.

The majority of New York's twelve tribal casinos are located west of the state capital, Albany. In addition to Seneca Allegany Resort & Casino, Seneca Niagara Casino, and Seneca Buffalo Creek Casino, Turning Stone Resort & Casino, Yellow Brick Road Casino, and Point Place Casino all provide sportsbooks. The Saint Regis Mohawk Nation created a sportsbook in the Akwesasne Mohawk Casino Resort, a casino located close to the Canadian border.

New York Mobile Sports Betting

In April 2021, Governor Andrew Cuomo signed a new budget plan for the 2022 fiscal year, legalizing mobile and internet sports betting in New York State. By the end of 2021, the NYSGC had approved the regulations for remote betting operations, setting the stage for the introduction of the first mobile sportsbooks in early 2022.

As long as they are physically present in New York, bettors from across the state can participate in the mobile activity. The servers of mobile betting providers should be situated within one of the upstate commercial casinos. They must pay an initial license cost of $25 million.

Each platform provider whose servers are hosted by land-based casinos pays them $5 million annually. There is no requirement for mobile sportsbooks to utilize official league data or pay integrity fees. 51% of their gross betting revenue from local punters is taxed.

Daily Fantasy Site Laws in New York

In New York, daily fantasy sports (DFS) are legal.

The New York Court of Appeals declared DFS valid in New York in March 2022. The 58-page ruling was based on a 2016 state statute that defines daily fantasy sports as a game of skill, as opposed to a game of chance like gambling.

This decision followed earlier rulings by trial and appellate courts that DFS was unconstitutional. Now, though, daily fantasy sports in New York can lawfully continue uninterrupted.

Section 1402 of the Racing, Pari-Mutuel Wagering, and Breeding Law requires online fantasy sports providers to register with the New York State Gaming Commission. Conducting interactive fantasy sports without registration violates Racing, Pari-Mutuel Wagering, and Breeding Law Section 1412.

What is Daily Fantasy Sports (DFS)?

Daily fantasy sports, according to the New York Gaming Commission, are a subset of interactive fantasy sports. Daily Fantasy Sports are games of skill in which participants construct rosters of athletes in a certain sport and utilize the actual aggregated performance data of those athletes to select the winner.

Contestants pay fees to enter the competition, and if they outperform their opponents, they are awarded prizes.

There have been fantasy sports for decades. Typically, a season-long league is administered by a group of friends or acquaintances.

Members of a fantasy league draft athletes whom they may retain for the duration of the season. Or, they can replace any of these players with others during the course of the season. The objective is to assemble a team of athletes who continuously perform well.

Daily fantasy sports also involve selecting statistically effective athletes. However, one significant distinction is the duration of these competitions. Typically, DFS tournaments last between one day and one week. Consequently, you can enter a number of these tournaments in a short amount of time.

When constructing lineups, you also need to adhere to a salary cap. For instance, you may need to select 10 players without exceeding $100,000.

You must pay entry fees for every contest you enter. The majority of the entry cost goes toward a prize pool, while a tiny percentage is retained by the site as a house charge.

The two most common types of daily fantasy sports events are cash games and guaranteed tournaments.

There are "double-up" and "50/50" contests in cash games. A_ double-up wager_ gives you the opportunity to double your entry fee, whereas a 50/50 wager pays out if you finish in the top 50% of the field. Guaranteed tournaments provide greater payouts compared to the buy-in. However, they only pay a small proportion of the field (such as 10 percent).

The sports covered by DFS sites can vary based on their major consumer base. Typically, US-facing operations feature MLB, NBA, NFL, NHL, NCAA basketball, and NCAA football.

Daily Fantasy Sports and the Law in New York

As previously mentioned, the New York Court of Appeals ruled in March 2022 that DFS was constitutional, concluding a year-long struggle over the issue.

In November 2015, New York Attorney General Eric Schneiderman issued a cease-and-desist order to DFS companies, DraftKings and FanDuel, marking the beginning of the legalization of daily fantasy sports. He argued that DFS constituted illegal gambling under state law. Schneiderman referred to the DFS industry as a multibillion-dollar scam that circumvents the law and exploits sports fans.

DraftKings and FanDuel filed a lawsuit, asserting that DFS constituted a game of skill. As the matter progressed, Senator Michael Ranzenhofer submitted a measure to regulate and clarify DFS as a game of skill.

Schneiderman argued that DFS was a kind of gambling that was really a rebranding of sports betting. FanDuel pledged to cease serving New York customers until a judge ruled on the matter. DraftKings, though, declined to comply.

A court issued an interim injunction on DraftKings and FanDuel servicing New York residents in December 2015. Nonetheless, in January 2016, DraftKings and FanDuel were granted a stay, allowing them to continue operating in New York while the case was on appeal.

In 2016, DraftKings and FanDuel agreed to cease offering paid games in New York and to abide by the outcome of an upcoming appeals court trial. Before the case reached the court of appeals, the New York legislature enacted regulations and taxes on DFS operations.

However, anti-gambling supporters continued their efforts and have achieved favorable judicial decisions at every level of the New York court system to date. A 2020 judicial victory for those hoping to see DFS ruled unconstitutional delivered a significant blow to the long-term prospects of DraftKings and FanDuel, but the state continued its appeals to the highest court in the Empire State, the New York Court of Appeals.

After the Court of Appeals ruled that the case was eligible for rehearing. Proponents of DFS in New York had one final opportunity to make fantasy sports contests a permanent legal fixture in the state.

In the spring of 2022, the court declared DFS to be constitutional, allowing operators to continue selling daily fantasy sports in New York.

Who Oversees Daily Fantasy Sports Activities in New York?

On August 3, 2016, Senate Bill S8153 was signed into law by Governor Andrew M. The statute provides a regulatory framework for the New York State Gaming Commission's administration of Interactive Fantasy Sports and implements crucial consumer protections and safeguards against fraud and abuse for both players and operators. This law encompasses everything from delivering introductory processes to new players and identifying highly experienced players to preventing the participation of children and safeguarding players' deposits.

The New York Gaming Commission is responsible for enforcing the Daily Fantasy Sports Law.

The law requires DFS operators to register every three years with the commission. Any operator (FanDuel and DraftKings) that offered daily fantasy sports prior to November 10, 2015 (the date the attorney general ordered DFS providers to suspend operations) may continue to do so under a temporary gaming commission permission until its registration application is granted or denied.

New York Daily Fantasy Sports Restrictions

The law mandates that DFS operators use a variety of consumer protection measures. including the following:

  1. Banning employees of DFS providers, athletes whose performance may be utilized to determine the winner of a contest, and those under the age of 18 from entering DFS contests;

  2. Allowing participants to remove themselves permanently from DFS contests;

  3. Banning advertisements that target minors, self-excluded individuals, or anyone who is forbidden from entering DFS contests;

  4. Requires operators to clearly and visibly disclose the odds of winning specific contests in all advertising;

  5. Banning games in high school and college athletics; and

  6. Restricting the number of contest entries, each participant can submit.

Each DFS registrant is required to pay a 15% tax on the state's gross revenue and an extra 0.5% tax, a maximum of $50,000 per year. The tax money is used to fund public education via the education fund of the state lottery.

Summary of NY Daily Fantasy Sports Laws and Regulations

DFS operations in New York are subject to many laws, fees, and taxes. New York's legalization, regulation, and taxation of DFS:

  • The New York State Gaming Commission is the regulatory authority for DFS in the state. Licensed operators are required to pay a 15 percent tax on gross revenues and a 0.5 percent levy with a $50,000 ceiling.
  • Establishes a minimum player age of 18 and prohibits collegiate sports and horse races in daily fantasy sports tournaments.
  • Exempts DFS from the sections of New York's penal code pertaining to gambling.
  • Establishes a number of consumer protections

Which Sports Can You Play DFS?

Early daily fantasy sports (DFS) games focused on the most popular team sports. Today, there are many more choices than ever before.

Major individual sports are now accessible in daily fantasy games. Here's a look at the most crucial changes:

NFL DFS: Daily fantasy football (DFS) operators see their busiest season coincide with the NFL season. Fans are most enthusiastic about professional football. That means lots of games and huge prize pools for daily fantasy sports.

NBA DFS: The National Football League dominates daily fantasy sports in terms of participation and prize money, but the NBA has its own committed fan base. With continuous scoring, the leaderboards are always changing, adding to the thrill.

NHL DFS: Hockey fans may get their fill of daily fantasy sports activity in the NHL. However, it may not be on par with the NFL or NBA. Winners of the bigger competitions are more likely to have a natural talent for pucks, as the fields are less competitive.

MLB DFS: Throughout the spring and summer, the daily fantasy sports industry remains active thanks to Major League Baseball. During the MLB season, there is always something exciting to watch because the daily schedule is typically packed. The importance of matchups is paramount in daily fantasy sports.

College Football DFS: Every week, Saturday is the best day of the week for college football fans who participate in daily fantasy sports. If you're already having a good day, adding DFS will make it that much better. Like hockey, this doesn't draw in the masses but could provide a stable niche for specialists.

As the college basketball season progresses, the competition in daily fantasy sports leagues only grows more intense. The biggest prize pools occur when more people are paying attention, but you may play DFS hoops at any stage.

Soccer DFS: Like hockey, soccer has a dedicated fan base that enjoys daily fantasy sports leagues. As a result, daily fantasy sports tournaments for these sports tend to be smaller than those for the main sports, but players are still sure to face stiff competition from other enthusiasts.

Golf DFS: For any golf tournament, you can create a lineup and put some real money on the line by playing daily fantasy golf. Popular daily fantasy sports (DFS) events include the Masters and other major tournaments.

Tennis DFS: Like golf DFS, tennis DFS allows you to construct lineups during the course of events. Major tournaments, like Wimbledon, attract the greatest number of competitors.

Tennis DFS: There is a very dedicated and enthusiastic UFC DFS fan base. Daily fantasy sports gamers construct their rosters based on the fighters competing that day, with points awarded for the fighters' performances inside the octagon.

Niche DFS: Besides the usual suspects, you may also play in leagues devoted to other sports like NASCAR and e-sports. Games based on the Arena Football League, the Canadian Football League, the European Golf Tour, and the EuroLeague Basketball League are also available on DraftKings.

Lottery Laws in New York

New Yorkers approved a constitutional amendment enabling a government-run lottery on November 8, 1966. The amendment passed with almost 60% in favor. Lottery proceeds were to be "used entirely to, or in assistance or support of, education." In 1967, the New York legislature established, under the Department of Taxation and Finance, a Division of the Lottery and a Lottery Commission. Later, the Lottery became an independent division inside the Department of Taxation and Finance. In accordance with the New York State Lottery for Education Law, the director of the Division of Lottery has complete control over the administration of the Lottery.

The Lottery began in 1967, and its inaugural motto was "Your Chance of a Lifetime to Help Education." It has earned nearly $34 billion in revenue from aid to education. The original purpose of the lottery was to finance education.

Players must be at least 18 years old and have a year to claim their prizes. Prizes above $600 can be garnished to cover arrears on alimony or child support.

All New York Lottery operations are subject to regulation by the New York Gaming Commission. What this means is that the rules, regulations, and directions of the New York State Gaming Commission apply to any and all Lottery business conducted in the state. Interested persons who want to find out about New York statutes governing the Commission and the New York Lottery can check the following laws:

Article 34 of the New York State Tax Law

Article 1 of the Racing, Pari-Mutuel Wagering and Breeding Law

New York Lottery General Guidelines

The Commission has also established the following general regulations for New York Lottery participants:

  • All New York Lottery tickets are payable to the bearer.
  • Play cards and sales receipts cannot be utilized to claim a reward because they are not genuine receipts.
  • At the time of purchase, the purchaser of lottery tickets is solely responsible for ensuring the correctness of the information stated on the tickets.
  • On a Lotto, Mega Millions, Cash4Life, Take 5, or Powerball ticket, neither adjustments nor cancellations can be made.
  • The New York State Gaming Commission maintains the right to stop or cancel any drawing or the game itself, as well as to modify the prize structure, frequency of drawings, and drawing dates.
  • The New York State Gaming Commission must report and withhold taxes in accordance with federal and state law, including but not limited to Internal Revenue Service and New York State Department of Taxation and Finance requirements.
  • Lottery winners of $600 or more are required by law to deduct delinquent child support, delinquent state tax obligations, and/or repayment of public assistance services received.
  • You must be at least 18 years old to buy New York Lottery tickets.
  • You must be at least 21 years old to purchase Quick Draw tickets at locations that serve alcoholic beverages.

New York Lottery's Tax and Offset Information

According to state and federal law, the New York State Gaming Commission must report and withhold taxes from New York Lottery winnings. Current tax withholding rates are as follows:

  • Withhold 24% for the federal government
  • Withhold 24% for federal aid
  • Tax withheld at 30% for non-resident aliens by the federal government
  • Withholding by New York State of 10.90%
  • Tax withheld by the City of New York: 3.876%
  • Withholding 1.82575% in Yonkers

Any taxable award over $5,000 must have federal and New York State income taxes withheld by the Gaming Commission. Any New York Lottery prize of $600 or more must be withheld by the Gaming Commission to cover delinquent state taxes, past-due support, and previous public assistance.

Racing Betting Laws in New York

New Yorkers have been able to watch and wager on horse races for almost a century. With the exception of a few years in the early 1900s, it has been widely accessible for the vast majority of the state's existence. Online horse wagering is permitted in the state of New York so long as the wagers are pari-mutuel wagers and not contest wagers. Additionally, you must be at least 18 years of age.

Who Oversees Racing in New York?

The New York State Gaming Commission controls all horse racing and pari-mutuel wagering, as well as all other forms of gaming in the state. If you have any issues with a New York horse betting establishment, you can take them up with the Commission.

You can get the New York Racing Association and the New York Jockey Club mixed up. The Belmont, Saratoga, and Aqueduct racetracks are all owned by the New York Racing Association, which is a non-profit organization. The organization does not function as a governing body

Where Do New York Horse Races Take Place?

New York now has one of the largest racing industries in the country and is home to some of the most prominent racetracks in the country. The Belmont Stakes, the last leg of the Triple Crown, is held at Belmont Park. The Travers Stakes is held annually at Saratoga Race Course. Since its opening in 1894, Aqueduct Racecourse has served as New York City's lone thoroughbred racetrack.

More than a hundred off-track betting locations are available in addition to the aforementioned three places and additional racetracks in the state. Off-track betting establishments, sometimes known as "off-tracks," are typically taverns or other small establishments that show horse races and accept bets. You can still place bets on New York races and races from across the country, but the experience will fall short of what you'd receive at a real racecourse.

New York Online Horse Betting Sites


Flutter Entertainment, which also runs FanDuel, is the owner of TVG. However, FanDuel Racing is distinct, and only TVG is permitted in the state of New York.

At TVG, you may place pari-mutuel wagers on New York horse races. At FanDuel Racing, contests are entered similarly to Daily Fantasy Sports, and payouts are determined by the overall prize pool. To win money in pari-mutuel betting, you must place a wager, and the odds offered must come in higher than your wager. Your rewards in pari-mutuel betting are determined by the stated odds and the quantity of your wager.


The New York Racing Association (NYRA) operates NYRA Bets, their racebook. This is your local option for online horse racing wagering, though NYRA Bets is accessible in dozens of states.

The New York Racing Association conducts races at Aqueduct Racetrack, Belmont Park, and Saratoga Race Course. In addition, they are a member of the National Thoroughbred Racing Association (NTRA) Safety & Integrity Alliance, giving both bettors and spectators peace of mind.

On the betting side, NYRA Bets allows remote parimutuel wagering on races other than the three that they operate. You can wager on horse races in England, France, and California simultaneously.


Since TwinSpires is owned and run by the same firm as BetAmerica, its betting options are identical.

TwinSpires offers pari-mutuel wagering and live broadcasts for races around the United States and beyond. In addition, they offer a profitable VIP program that rewards the most enthusiastic horse race wagerers.


BetAmerica's online sportsbook (accessible in Indiana, New Jersey, and Pennsylvania) and online casino are swiftly gaining popularity (available in New Jersey and Pennsylvania). Outside of these states, however, the only available BetAmerica wagers are for horse racing.

BetAmerica offers both pari-mutuel and contest wagering, although only pari-mutuel gambling is authorized in New York.


Xpressbet, DRF Bets, and 1/st Bet are interchangeable, with Xpressbet being the most recognizable version among New York bettors. But you can enjoy a comparable experience at any of the sister sites.

This is one of the first significant horse racing websites to accept pari-mutuel wagering.

PointsBet Horse Racing

BetPTC was a well-known name in American horse racing betting. BetPTC's recent acquisition by PointsBet, one of the greatest names in sports betting, greatly enhances its reputation. PointsBet later announced a relationship with Xpressbet provider 1/ST Technology.

Pending Legislation on Gambling in New York

  • New York Gambling Advertising Bill (S 1550): The Bill was proposed in 2023. The Bill's purpose is to require all New York sports betting and gambling advertisements in the state to include information about the possible dangers of gambling. Senators Leroy Comrie and Luis R. Sepulveda introduced the bill. There have been no votes on the measures yet, but if enacted, they will take effect 60 days later. The bill is still being debated. However, if passed, it would take effect 60 days later.

  • New York Sports Betting Expansion Bill (s 2343): This bill was revived in 2023 after a similar bill in 2022 failed to garner traction and died in committee. Sen. Joe Addabbo introduced both bills. The bill's goal is to allow New York online sportsbooks to accept bets on fixed-odds horse racing and to install self-service betting kiosks in sports stadiums and arenas.

  • NY Sports Betting Bill to Reduce Tax Rate (S 1962): This is a bill presented to increase the number of online sportsbooks in New York State while lowering the current sky-high tax rate. The purpose of this bill, introduced by Sen. Addabbo, is to raise the number of New York sports betting operators from nine to 14 by January 31, 2024, and 16 betting apps by January 31, 2025. The resulting tax rates would reflect the number of sportsbooks in New York.

  • New York Bill (A01380) to Legalize Online Poker by Amending State Law: A bill to legalize online poker in New York has emerged in the state assembly once more. This bill, introduced by Assemblyman Gary Pretlow, proposes to reclassify internet poker in New York as a game of skill rather than chance. If the bill is passed, legislators will add a clause to the state's pari-mutuel wagering and breeding statute that redefines the difference between a game of skill and a game of chance.