Kentucky Gambling Laws
The State of Kentucky Gambling Laws primarily support pari-mutuel horse racing, but Kentucky residents are currently voicing their desire to expand legalized gambling in Kentucky, pointing to the riverboat casinos in other states, and expanding gaming found at racetracks in neighboring states. We anticipate that this will drive change both in land-based and online Kentucky gambling.
- Kentucky Gaming License Regulations
- Kentucky Bingo Laws
- Gambling Laws In Kentucky
- Kentucky Gambling Laws Of Domestic Violence
Kentucky gambling law defines gambling as the act of risking or staking something of value on the result or outcome of a game, contest, gaming device or gaming scheme which is based on an element of chance and upon an understanding or agreement that someone will receive something of value in the event of a specific outcome or result. Below you will find information on how Kentucky state law and/or Federal law impact Kentucky online gambling options.
Other Kentucky Gambling Pages
There are no commercial casinos in the state, but several site right on various borders in neighboring states such as Indiana and Ohio. Licensed Offshore Online Gambling – There are no state laws in Kentucky that prevent citizens of the state from engaging in licensed and regulated online gambling that is based outside of the United States. .510 Department of Charitable Gaming - Commissioner - Conflicts of interest of staff - Charitable gaming investigators.515 Powers and duties of department.520 Charitable Gaming Advisory Commission.522 Restriction on promulgating administrative regulations. Gambling Age in Kentucky Kentucky has a few legal forms of gambling, and these come with their own age restrictions. To play or bet in one of the state or national lotteries, or on a horse race, players must be at least 18 years of age. However, to enter a racino such as.
What Types Of Gambling Are Illegal In Kentucky?
There are no criminal penalties for those who take part in an illegal gambling event exclusively as players. Kentucky gambling law defines a player as someone who engages in gambling solely as a bettor or contestant without receiving or becoming entitled to any profit from the gambling activity other than personal winnings and without providing any material assistance to the operation, conduct and establishment of the gambling activity. However, profiting from a gambling activity or advancing a gambling activity are both serious criminal offenses under Kentucky gambling law.
Advancing a gambling activity includes all activities that materially assists any form of gambling including (but not limited to) conduct directed towards the establishment of a specific contest, device, game or activity involved in the gambling activity; acquiring or maintaining the premises, equipment, apparatus or paraphernalia used for the gambling activity; soliciting or inducing persons to participate in the gambling activity, conducting the playing phases of the gambling activity and participating in the financial, recording or any other phase of the gambling activity. Profiting from a gambling activity refers to profiting from the operation of an illegal gambling activity. Both are Class A misdemeanor.
Poker Gambling Laws In Kentucky
One can legally play a game of poker in Kentucky, subject to certain conditions. Home poker games are legal as long as they follow the conditions imposed by Kentucky gambling law. The important factor in determining whether or not a home poker game is legal is whether the person organizing the game is promoting gambling.
A person promotes gambling when he or she knowingly profits from or advances an illegal gambling activity. A player of a home poker game will be charged with promotion of gambling in the first degree if he or she wins or loses an amount in excess of $500 in a twenty-four hour period. This is a class D felony. A felony crime generally carries a jail term exceeding one year and a hefty fine. Home poker games where the house rakes the pot or the players pay a charge to participate are illegal. Hosting or conducting such games is also a class D felony. Legality surrounding Kentucky online poker is discussed in further detail below.
Sports Betting Gambling Laws In Kentucky
Kentucky does currently have a piece of legislation that lawmakers are working on that would introduce state-regulated sports betting to the Bluegrass State. The law is not expected to make much headway before 2019. Until then, KY residents have the option of participating in Kentucky sports gambling through legally licensed and regulated offshore sportsbooks that accept bettors from Kentucky. Once the state passes the pending legislation, residents will have access to both domestic sportsbooks and legal offshore sports betting sites.
Land Based Casino Gambling Laws In Kentucky
Presently there are no licensed casinos within the state of Kentucky. In February 2012, the state broached the issue of brick and mortar casinos. The Senate voted against letting the voters have a say on the issue. The Governor is making attempts for a casino gambling referendum. Currently, there are multiple legal and secure Kentucky online casinos available to players. These sites are located and licensed outside of the USA where they are regulated by governing jurisdictions which have legalized online gambling in their regions.
Charitable Gambling Laws In Kentucky
Charitable gambling including casino nights is legal. The law permits schools, churches, and other charitable organizations to operate certain types of games of chance. Even these games are subject to a long list of restrictions. Raffles and bingo are also legal. Players who enjoy playing bingo might want to review information on the legal KY online bingo sites that are available and are considered legitimately licensed, offering a safe and secure gaming environment.
Kentucky Pari-mutuel & Lottery Gambling Laws
Pari-mutuel betting was started in 1878. Kentucky has eight horse racing tracks. Of these eight, two of them offer other betting games in addition to pari-mutuel betting. The first Kentucky Derby was held in 1875. Pari-mutuel betting is available live and online.
In 1988 the residents of the state voted to establish the state lottery commission. The first Kentucky state lottery ticket was sold in 1989. Kentucky was amongst the first states to introduce online lottery ticket machines. The state is a member of a multi-state lottery.
Online Gambling Laws in Kentucky
Kentucky was amongst the first states to attempt to regulate and control online gambling. Way back in 2008, the then Governor of Kentucky referred to online gambling sites as leeches that seek to unfairly undermine the state’s horse racing industry. Later that year, pushed by the governor, a judge in Kentucky signed an order that allowed the state to seize and take control of 141 internet domain names related to online gambling including many online poker sites. The order was subsequently struck down.
Presently there is no law in Kentucky that prohibits playing online poker, online casino games, or online sports betting, but operating and maintaining an online gambling site is illegal. The state’s pending legislation relevant to sports betting may sanction state licensed online sportsbooks, but that remains to be confirmed upon the bill’s passage.
PASPA is a federal sports gambling law that previously restricted US-based sportsbook gambling to four specific regions, Nevada, Montana, Oregon, and Delaware. In May of 2018, the law was rendered unconstitutional by SCOTUS, thereby providing individual states with the opportunity to embrace or prohibit state regulated sportsbook wagering.
The Federal Wire Act prohibits interstate sports betting – meaning that Kentucky would not be allowed to accept any bets across state lines should they move forward with launching a sports-related gambling industry in the state.
The Unlawful Internet Gambling Enforcement Act of 2006 places strict regulatory oversight regarding how online gambling transactions are processed but does not make participation in an online gambling event illegal. These regulatory restrictions will also apply to any forms of domestic online gambling that become legal in the state.
Kentucky Gambling Laws
For players who want a first-hand look at the official laws and statutes concerning gambling in the state of Kentucky, you can visit this site: Kentucky State Legislature. You will find the state’s official legislature documents in their original language and context.
**If you are seeking a professional interpretation of any law or statute or any type of professional legal service, we recommend that you contact a lawyer. We are professional online gambling consultants, however, we have no formal training in, nor do we hold any degrees or certifications in any type of law. This site is for informational purposes only, and we do not claim to be lawyers or provide legal services.
Kentucky Gambling FAQ’s
How Does Kentucky Define “Gambling”?
Gambling is defined in the state of Kentucky as “the act of risking or staking something of value on the result or outcome of a game, contest, gaming device, or gaming scheme which is based on an element of chance and upon an understanding or agreement that someone will receive something of value in the event of a specific outcome or result.”
What Are The Consequences In Kentucky For “Illegal Gambling”?
Kentucky is a unique state in that it has no criminal penalties for the actual bettors or players in any illegal gambling establishments. In Kentucky state law a “player” is someone who plays the gambling games and engages in wagering activity as a gambler only and not as an operator in any way. As long as the player is not entitled to any profit outside of their own winnings and doesn’t provide and any assistance to the operators they won’t be arrested and charged with anything.
Are There Any Land Based Casinos In Kentucky?
No, the state of Kentucky is one of the few states that have been successful in their attempts of keeping out any land based casinos. In February of 2012, there as an attempt made on the issue of having casinos in the state but the Senate voted against it. There are racino locations where the primary focus is horse race betting.
What is Charitable Gambling?
“Charitable Gambling” is a legal term used by states to add another exception in their gambling laws for charitable organizations who wish to use this form of entertainment for the betterment of nonprofit social causes. Organizations like churches and schools have been legally permitted to host casino nights, raffles and bingo as long as the proceeds are used to help alone the social programs that those organizations are attributed to.
What is Pari-Mutuel Gambling?
Pari-Mutuel gambling is most often used in racetracks. It’s a form of wagering that has all the participants pick winners and place their bets into a pool before the races start. The people who picked the top three winners of the race divide the winnings according to their picks.
What About Online Gambling In Kentucky?
Kentucky has been historically against online gambling. However, some state legislators are preparing a bill that would introduce legal sports betting options. This bill would include provisions for land-based, mobile and online wagering structures in Kentucky.
Has Kentucky Forwarded New Laws?
Some Kentucky representatives have pushed out legislation on casino expansion over the past few years. The most recent attempt came in 2017 with a bill that proposed to introduce four commercial casinos. The bill failed to make it to the final stage of processing before becoming an actual law in the state.
What About Sports Betting Legislation?
Kentucky is prepared to pre-file a bill in anticipation of the 2019 legislative session. The bill would legalize sports wagering at brick-and-mortar facilities as well as include provisions for domestic online and mobile betting. Kentucky still has a lot of work to do in terms of working out the regulatory kinks, but the intention is there.
- »Can You Play Legal Online Poker in the USA?
2021 Update: Is Online Poker Legal in Kentucky?
There’s been an online poker bill floating around the Kentucky legislature the last few years, but there hasn’t been any significant action on it. Kentucky might be home to the Kentucky Derby, but it hasn’t been that open to other forms of legal gaming throughout the years.
Despite that, in 2019, Rep. Adam Koenig led an effort to legalize online poker. But the bill ended up failing in the house. Legislators tried again in 2020, but the session ended on April 1 without any significant forward action. The bill has dozens of co-sponsors and the session was heavily impacted by the coronavirus pandemic. There’s a chance it could be taken up again in 2021.
Kentucky Gaming License Regulations
The bill also would have legalized sports betting and daily fantasy sports in Kentucky. It also had support from Gov. Andy Beshear. Despite that and some positive outlooks early on, the bill was blocked after it faced intense lobbying from the Family Foundation of Kentucky. The bill was expected to have enough votes to pass the full house, but it didn’t have enough Republican support to make it out of committee.
Louisville, Kentucky (Photo by andrew welch on Unsplash)
What are Kentucky’s Gambling Laws and how do They Affect Poker?
Kentucky isn’t the most gambling friendly state out there. It has limited forms of gambling and it also has strict laws regulating gambling. Like most states, Kentucky regulates and defines gambling in the Kentucky Revised Statutes . This covers everything regarding gambling in the state. One of the most basic elements of any set of gambling laws is to specify what qualifies as gaming and what doesn’t. A lot of states use the word “chance” to define gambling and Kentucky is one of them. Sec. 528.010 of the Kentucky Revised Statutes defines gambling as:
“Staking or risking something of value upon the outcome of a contest or game based upon an element of chance.”
The inclusion of chance usually excludes poker since it was ruled to be a game of skill by a federal judge in 2012. This is what allowed several states to start legislating and legalizing online poker. But in Kentucky’s case, this is a bit more ambiguous since it has the qualifier of “based upon an element of” before. This means that any game that has any element of chance –which sounds like every game actually– could be qualified as gambling in Kentucky. While poker is a game of skill, no one can argue that there’s no element of chance in it. So poker definitely falls under Kentucky’s definition of gambling.
Can I Play Poker on PokerStars in Kentucky?<?h2>
No. There’s no PokerStars in Kentucky. Back in the day PokerStars was one of the most popular online poker sites across the United States, including Kentucky. But after some indictments and domain seizures in 2011, the site was barred from the US for a while. It’s slowly been making its way back in though. Both Pennsylvania and New Jersey have given PokerStars a license to operate in their states, but it’s not as big as it used to be. Each state has a segregated player pool so tournaments aren’t as large and cash games aren’t as plentiful.
Luckily, there are some states that take players from all 50 states, including Kentucky. Sites like Bovada , BetOnline and Ignition Poker have become pretty decent PokerStars alternatives for poker players in Kentucky. Aside from large player pools, they have good sign-up bonuses and top-notch rakeback programs that keep rewarding players.
If you want more information on these sites, then check out our full reviews below:
Kentucky Bingo Laws
What Other Legal Forms of Gambling are there in Kentucky?
As we said before, there aren’t as many options for Kentucky residents to gamble. The most famous and popular is horse racing and pari-mutuel betting. Kentucky is, of course, home to the Kentucky Derby . It’s held annually in Louisville in early May and is one of the most popular horse races in the world. The race is held at Churchill Downs, but there are five other race tracks throughout the state. The horse industry in Kentucky employs nearly 80,000 people and is a $1.6 billion business.
Aside from horse racing, Kentucky also has a lottery. The Kentucky Lottery began in 1989 after more than 60 percent of Kentucky voters approved the lottery the year before. The lottery has become incredibly popular and consistently shatters records. In 2019, the Kentucky Lottery set another record of $1.12 billion in sales. Out of that money 64 percent goes straight back to players and 26 percent goes to Kentucky’s coffers. The remaining 11 percent goes to retailers and administrative costs.
Gambling Laws In Kentucky
Other States
Kentucky Gambling Laws Of Domestic Violence
Alabama – Alaska – Arizona – Arkansas – California – Colorado – Connecticut – Florida – Georgia – Hawaii – Idaho – Illinois – Indiana – Iowa – Kansas – Kentucky – Louisiana – Maine – Maryland – Massachusetts – Michigan – Minnesota – Mississippi – Missouri – Montana – Nebraska – New Hampshire – New Mexico – New York – North Carolina – North Dakota – Ohio – Oklahoma – Oregon – Pennsylvania – Rhode Island – South Carolina – Tennessee – Texas – Utah – Vermont – Virginia – Washington – West Virginia – Wisconsin – Wyoming