Is Poker Legal in the State of Kentucky?
There are now laws surrounding online poker in Kentucky, it is technically legal to join one of these games, but illegal to operate one within Kentucky. Kentucky online poker rooms have been a long time in the coming for residents of Kentucky. Since legal gambling is limited in Kentucky, players have flocked to online poker rooms and found that there is just as much money to be made online as their is at land casinos. Kentucky legal online poker rooms cater to the gambling needs and wants of players in Kentucky. Every poker game found in a land casino, is. The purpose of this article is twofold. First, we attempt to summarize the current legal status of online poker in the United States. You may be surprised to learn that, despite a confusing legal landscape, it is generally accepted that playing online poker is currently legal in the U.S., at least at the federal level. There is no law specifically referencing online poker as legal or illegal in Kentucky. You may be wondering if any other type of gambling is legal in Kentucky. The answer is yes, but only racing.
The short answer is that poker can be legal in Kentucky, but that depends upon several different factors. Although Kentucky hasn’t taken a hard line anti-poker stance, the state is generally against gambling. Read on as we take a look at what the state’s penal code has to say about gambling.
You can certainly partake in online poker in Kentucky without worry because it's perfectly legal on the players' side of things. It's only those running the online rooms that are at any risk. You see, Kentucky in the past has been antagonistic towards online sites, but this has abated in recent years after The State of Kentucky tried, and failed, to slap PokerStars with an $870 million dollar judgment. Now anyone who wants to operate an online poker room in New York, Kentucky or anywhere in the United States, needs to go through a rigorous (and red tape filled) approval process. And for that reason, legalising online poker is a tricky topic in the United States.
Kentucky Online Poker & Gambling Laws. Kentucky was one of the first states to make headlines in regards to online poker back in 2008. The state made a stance and actually seized domains of some of the largest online poker rooms operating at that time.
You can find out which poker sites accept players from Kentucky by reading our US poker online guide.
Does Kentucky Allow Home Poker Games?
Some home poker games are totally legal, while others are not. The biggest defining factor is whether or not you are guilty of promoting gambling. Looking at Section 528.030 we cans see that “A person is guilty of promoting gambling in the second degree when he knowingly advances or profits from unlawful gambling activity.” This offense is a Class A misdemeanor.
If you earn more than $500 in one day from these activities you may be convicted for promoting gambling in the first degree which is actually a Class D felony! So how can you avoid being prosecuted? The easiest thing you can do is to not host a game for profit. If you rake the pot or charge players a fee to enter the game, then you’ll be in clear violation. Refurbished slot machines for sale. As the definition in 528.010 states:
“A person who gambles at a social game of chance on equal terms with other participants does not otherwise advance gambling activity by performing acts, without remuneration or fee, directed toward the arrangement or facilitation of the game as inviting persons to play, permitting the use of premises therefor and supplying equipment used therein.”
Are Organized Card Rooms Legal in Kentucky?
Although it might not be too surprising to hear, Kentucky does not generally support organized gambling (for moral and social reasons). The same laws that apply to home games apply to poker everywhere: If someone is profiting from running the game, then it is not legal.
Many states do make exceptions for certain authorized casinos (which often pay the state quite well) but Kentucky does not make this distinction. If you open a casino or a poker room, and you even attempt to earn a profit, you will be breaking the law. As a note, some charitable organizations may be able to operate certain games of chance under a slightly different set of rules. Also, horse racing has been a long-standing mainstay in the Kentucky gambling market and continues to be legal.
Is Online Poker Legal in Kentucky?
Kentucky was one of the first states to aggressively go after the online poker industry. In 2008, the governor of the state (Steve Beshear) declared that online poker sites and casinos are “leeches on our communities and unfairly undermine Kentucky’s horse racing industry.”
To strike back he attempted to confiscate one hundred forty-one major domain names such as FullTilt.com, BodogLife.com, and even PokerStars.com! Although the governor didn’t entirely succeed the state of Kentucky was awarded with a couple of the small casino websites. The state might not be chasing players away just yet, but they have proven that they aren’t afraid of getting involved in online gambling.
Louisiana - Louisiana Poker Laws
Maine - Maine Poker Laws
Maryland - Maryland Poker Laws
Massachusetts - Massachusetts Poker Laws
- Horseracing (1783), Lottery (1988), Historical Racing (2010)
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- Kentucky does not have a smoking ban
- Off-track betting
Kentucky is considered the home of horse racing in the U.S. The Kentucky Derby, one of the best-known horse races in the world, is hosted at Churchill Downs in the state. Kentucky was home to the first known horse race in the country in 1783. The state has always accepted that its residents and tourists visit Bluegrass Country to take in the races and wager a few dollars.
While gambling on horses has always been embraced, it has not been quick to expand into Kentucky casinos. There is a state lottery in Kentucky. Instant racing, which are slot machines that display winning symbols based on past races, started appearing at racetracks earlier this decade. Kentucky racetracks may also offer off-track betting. Charities can offer games of chance with limited prizes and a number of events.
Paying Gambling Taxes in Kentucky
Find out how you can report your gambling income to the IRS with our in-depth Gambling Taxes Guide. Learn which forms you have to fill out, how to report your winnings, as well as deduct losses.
Kentucky Casinos Map & Guide of Racetracks
- Ellis Park – Henderson
- Red Mile – Lexington
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Types of Kentucky Online Gambling
The only form of legal Kentucky online gambling is off-track betting on horses. These wagers may be placed on websites and apps belonging to companies like TVG, Twinspires, and BetAmerica. TwinSpires is based in Kentucky. It is owned by Churchill Downs.
Daily fantasy sites claim legality under Kentucky’s skill gaming laws. While the state attorney general and its legislature have not addressed daily fantasy sports, some sour gamblers have filed lawsuits against the companies in an attempt to recover losses through qui tam laws. These cases are still in the court system.
Online poker, casino, and sports betting sites are not legal in Kentucky. The state has filed its own qui tam lawsuits to recover losses for the state’s residents. One judgment against PokerStars compelled the site to pay Kentucky $870 million. That case is under appeal. The state also filed a lawsuit in an attempt to seize 141 domain names from gambling sites.
Types of Live Kentucky Gambling
- Slots: No
- Blackjack: No
- Poker: No
- Craps/Roulette: No
- Horses: Yes
- Lottery: Yes
There are three types of live Kentucky gambling available to residents. A state lottery sells scratch-off and lotto tickets. This includes interstate drawings. Popular games include Lucky for Life, Pick 3, Pick 4, 5 Card Cash, Powerball, and Mega Millions.
There are six Kentucky racetracks. All offer horse tracks. Greyhound racing is not legal in Kentucky. All six tracks offer off-track betting on horses.
Kentucky Downs, Ellis Park, and Red Mile offer a controversial form of gambling that is working its way through the court system. These two tracks offer instant racing machines. These devices are programmed with thousands of past horse races. Players put cash into the machine and make a wager. The machine pulls one of these historical races and displays the reels on the device to match a payout similar to what the event would have paid. These are described as historical racing machines. Some consider them to be slot machines because that is exactly how they look and feel. The only difference is how the position of the reels is determined.
There are currently no Kentucky casinos operating at the moment. There is legislation that racetracks are trying to pass so that they can legally offer more popular electronic casino games, like electronic blackjack and roulette. We may see the racetracks and Kentucky casinos legislation combine and form “racinos” that are already popular in other states.
Kentucky Gambling Laws
Kentucky gambling laws define gambling as,
“staking or risking something of value on the outcome of a contest, game, gaming scheme, or gaming device which is based upon an element of chance, in accord with an agreement or understanding that someone will receive something of value in the event of a certain outcome.”
It only exempts the state lottery, horse racing and arguably, instant racing machines. Charities may operate bingo games and raffles.
Promoting gambling is a Class A misdemeanor or Class D felony, depending on the charges. The minimum gambling age in Kentucky is 18 years for lottery, racing, and instant racing bettors.
Where to Gamble in Kentucky
There are more than 1,000 lottery retailers in Kentucky. There are also dozens of charitable organizations that offer bingo and similar games to raise funds for nonprofit operations.
Outside of these options, there are only six Kentucky racetracks to gamble at. You might consider these racetracks to be Kentucky casinos, as they already have permission to offer racing machines, which are very similar to slot machines. This may be the start of new Kentucky gambling legislation.
You can look for the specific racetrack you want to wager at on our Kentucky casinos map and guide located above.
Racetrack | Size | Address | Website |
---|---|---|---|
Churchill Downs – Louisville | No Instant Racing® | 700 Central Ave. | www.churchilldowns.com |
Ellis Park Race Course – Henderson | 170 Instant Racing® Machines | 3300 US-41 | www.ellisparkracing.com |
Keeneland – Lexington | No Instant Racing® | 4201 Versailles Rd. | www.keeneland.com |
Kentucky Downs – Franklin | 500 Instant Racing® Machines | 5629 Nashville Rd. | www.kentuckydowns.com |
The Red Mile – Lexington | 900 Instant Racing® Machines | 1200 Red Mile Rd. | www.redmileky.com |
Turfway Park – Florence | No Instant Racing® | 7500 Turfway Rd. | www.turfway.com |
History of Kentucky Gambling
Horse racing dates back to 1783 in Kentucky. That is nine years before it became a state. The first organized racing venue was created in Louisville. It was called Elm Tree Gardens. Racing spread to Lexington in 1787 where horses competed in The Commons. Churchill Downs, home of the Kentucky Derby, opened in 1883.
Kentucky did not regulate horse racing like it does today in its early years. It was simply impossible to control pari-mutuel pools and organize the tracks and horses centuries ago. It took until the early 1900’s for the Kentucky Horse Racing Commission to be created. Tracks have come and gone over the years. There are five in operation today. This makes Kentucky one of the most thriving states when it comes to horseracing.
The first legal lottery in Kentucky was held in 1792. It occurred in an attempt to fundraise for a church in Lexington. The Kentucky Lottery that exists today was created through a November 1988 constitutional referendum. The first ticket was sold in April 1989. The Kentucky Lottery sells scratch-off and lotto tickets.
The Kentucky Horse Racing Commission modified its regulations to permit instant racing machines in 2010. These games mimic slot machines. The devices display slot symbols in a pattern to show the payout of a horse race based in the past. The exact race is never known. The Kentucky Supreme Court ruled that the racing commission had the authority to legalize these games. Anti-gambling groups are still fighting instant racing in the courts. Kentucky Downs, Ellis Park, and Red Mile offer instant racing, and can be considered to be the only Kentucky casinos operating today.
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Kentucky has been the home of two disputes with offshore online gambling sites. In 2008, Kentucky Gov. Steve Beshear’s office initiated a lawsuit in an attempt to seize 141 domain names related to gambling. Major sites were included in the list. Big names like PokerStars, Full Tilt Poker, Absolute Poker, DoylesRoom and Cake Poker were among them. The case dragged out until 2014 when a state appeals court essentially quashed it. This case was the beginning of offshore gaming sites moving to domains that do not use the .com extension. Kentucky received a small settlement related to Black Friday due to this case before it ultimately failed.
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PokerStars Debacle
Kentucky is also the venue where PokerStars was sued for $290 million for accepting players in the state. Government officials alleged that PokerStars operated illegally and should be compelled to pay the state for its residents’ gambling losses under qui tam laws. The alleged events occurred from 2006 to 2011.
These loss recovery laws permit anybody to recover illegal gambling losses if the loser does not act within six months. A lower court awarded the $290 million as well as treble damages, making the total judgment $870 million. The case is currently under appeal
PokerStars was owned by Rational Group at the time the lawsuit is based. It has since been acquired by Amaya Gaming. The new owners of PokerStars have vowed to fight the case or pursue the former owners if it ultimately loses the legal battle.
Kentucky Casinos & Gambling FAQ
Yes. Kentucky is considered the home of the horse racing industry in the country.
Yes. There are six race books in Kentucky.
The only form of online betting legal in Kentucky is off-track horse racing.
Is Online Poker Legal In Kentucky
No, only horse racing.
Is smoking permitted in Kentucky race books and instant racing casinos?
Are casinos legal in Kentucky?
No, the closest thing to casinos in the state is instant racing machines. There are casinos in West Virginia, Ohio, Indiana and Illinois.
The minimum Kentucky gambling age is 18 years for all legal forms of gambling, including lottery and racing bets.
Yes, the Kentucky Lottery sells scratch-off and lotto tickets.
Does the Kentucky Lottery sell tickets over the Internet?
Lottery sales are not permitted over the Internet.
Are online poker, casino or sports betting sites legal in Kentucky?
Is Online Gambling Legal In Kentucky
None of these types of websites are licensed to operate in Kentucky.
Is Online Poker Legal In Kentucky
There is currently a court battle over alleged illegal online gambling where a lower court ruled PokerStars owes Kentucky $870 million. It is currently under appeal.