New York Gambling Laws

New York State offers a handful of legal online gambling formats. It’s important, as the savvy New York player, to understand how all of this gambling is legal.

On this page, we provide an overview of New York gambling laws, including what they allow, which forms of gambling are available under state law, and more.

What kinds of gambling are legal in NY?

Though you probably know about some of the legal options available to you, it is quite possible that some of the formats below will come as a surprise to you. In the interest of thoroughness, let’s walk through the different kinds of gambling, online or otherwise, that are legal in New York.

Sweepstakes and social casinos

Sweepstakes or social casinos, such as WOW Vegas, Chumba, and many others, are allowed in New York. The main rules governing sweepstakes gaming fall under NY General Business Law.

The law stipulates that any “consumer products or services” giving players the opportunity to win prizes in excess of $5,000 must register with the state. However, all of the casinos mentioned are completely in compliance with New York regulations.

Online sports betting

New York online sports betting is now legal, with nine sportsbooks accepting bets. Following the end of the federal ban on sports betting in 2018, the state tried three years in a row to legalize online sports betting. Each attempt failed. In 2021, the state took a shortcut; sports betting authorization was included in the state budget, which passed when former Governor Andrew Cuomo signed it.

New York sports betting law imposes a whopping 51% tax rate on operators. These New York taxes are essentially the premium sportsbooks must pay to operate in one of the most populous and desirable states for online gambling.

Retail casinos

In 2013, New Yorkers got to vote on the New York Casino Gambling Amendment, Proposal 1. The amendment passed with 57.11% of the vote, allowing up to seven casinos to open in the state. Four of the casinos would be in upstate locations while three more would be authorized in New York City seven years later.

As it stands, New York has seven tribal casinos, run by the state’s Seneca, Mohawk, and Oneida Tribes, and four commercial properties. More construction is planned in and around New York City in the coming years.

New York’s 2022 budget paved the way for three downstate NY casinos. The buy-in to become a commercial operator in the NYC area is hefty. New casinos will have to fork over $500 million for licensing. The New York State Gaming Commission selects board members by October 6, 2024 to help choose the locations that will receive a license. When the board has a majority of its six members appointed, the NYSGC will release requests for license applications within three months.

Thus far, two favorites have emerged for full-fledged casino licensing: Resorts World NYC and MGM Empire City. Both properties offer video lottery terminals, and they seem to be the top contenders for upgraded casino licenses. The third potential operator is up in the air, with various possibilities in the mix, such as Hard Rock, Wynn, and Bally’s.

Retail sports betting

The 2013 constitutional amendment that allowed for upstate casinos in New York also authorized retail sports betting. In 2019, various NY casinos started opening retail sportsbooks for in-person betting.

As of this writing, there are 11 in-person sportsbooks in New York. We’ll provide more detail on them further down on this page.

Horse racing

For a long time, horse racing dominated the US as one of the only legal ways to gamble. Today, it’s still popular despite being eclipsed by sports betting and casinos.

Today, New York offers horse race betting in-person, at off-track facilities, and online. The New York State Gambling Commission rules, last updated in 2020, outline the regulations for advance deposit wagering at an online platform.

Pari-mutuel wagering is currently the only legal type of betting on horse races, but State Senator Joseph Addabbo is pushing for fixed odds betting on races as well.

Lottery

The New York Lottery is available to players in the state who are 18 or older. Tickets can be purchased at a participating retailer or via a lottery courier service like Jackpot.com or Jackpocket.

New York was the third US lottery to go live, launching in 1967 and following only New Hampshire and Puerto Rico.

Daily Fantasy Sports (DFS)

Daily Fantasy Sports often exists in a gray area, legally speaking. Many states have no laws either allowing or prohibiting DFS, which means operators offer their products anyway. For a long time, New York was among those states. In 2022, the New York Court of Appeals said DFS was allowed according to the NY constitution. An amendment later surfaced to authorize more DFS operators.

In May of 2024, various bills were introduced to reshape the NY gambling industry. Among them was S9044, which would raise the DFS minimum age to 21. As of this writing, the bill is in the State Senate Finance Committee. If it moves on, it will go to the Assembly and Senate Floor Calendars. From there, it must pass in both branches before it is delivered to the Governor’s desk.

Bingo

Bingo halls are legal in New York for players 18 or older. A 2017 law prohibited anyone under 18 from playing, though they can still be in bingo halls.

Some of New York’s best-known tribal casinos originally started as bingo halls. In 1988, the Indian Gaming Regulatory Act opened the door for those properties to expand to full-blown casinos. Today, many of them still offer bingo. Akwesasne Mohawk Casino, Turning Stone Casino Resort, and Seneca casinos in Western NY have bingo halls. Most of them run games every day of the week.

What types of gambling are still unavailable in New York?

There is still some work to do before New Yorkers have a full slate of gambling options available to them. Here is the latest on types of gambling that are unavailable under state law.

Online casinos

New York online casinos are not legal. Real-money online betting is relegated to sportsbooks in the state. However, there is a lot of buzz surrounding potential NY online casinos. State Senator Joseph Addabbo introduced S8185A, which would legalize online casinos and online lottery games in the state. Assemblyman Gary Pretlow put forth A9198 in the State Assembly to match Addabbo’s push.

State Governor Kathy Hochul refrained from including online casinos in New York’s 2025 fiscal year budget, but Addabbo remains optimistic the state will legalize it in the next few years.

Online poker

Online poker is another holdout for New York, legislatively speaking. State Senator Addabbo’s online casino bill (S8185A) would also authorize online poker in New York if passed. A few operators would already have a proverbial foot in the door for online poker. BetMGM and WSOP.com have online poker platforms they would likely try to launch in NY if the state moves forward.

What are the penalties for breaking NY gambling law?

Most of New York’s gambling laws have penalties associated with pushing illegal platforms or committing fraud. If you play at an illegal or unlicensed site, the company providing the platform is more likely to be punished. However, this does not mean you should play at these sites. There are still plenty of risks associated with them, including legal action.

The main gambling-related punishments in New York include:

• First Degree Promoting Gambling: this includes illegal bookmaking or receiving funds or records unlawfully. This is a Class E Felony, punishable by up to four years in jail and fines.
• Second Degree Promoting Gambling: Knowingly benefiting from illegal gambling activity, such as with an unlicensed sportsbook or bookmaker. This is a Class A misdemeanor, punishable by up to a year in jail and fines.
• Possession Of A Gambling Device: This pertains to making, possessing, transporting, selling, or participating in transactions related to unlawful gambling devices. This is a Class A Misdemeanor, punishable up to a year in jail and fines.

These are the most relevant laws for gamblers in New York, but other rules and punishments exist within the state’s legislation.

What legal gambling locations are available in New York?

New Yorker gamblers looking to place a wager in person have various options. Below, we detail the state’s many in-person gambling locations. These include casinos, retail sportsbooks, and more.

NY Commercial Casinos

Gambling Locations Near NYC

New York City has three gambling locations within its borders or nearby, and they’re all race tracks. When the NYSGC licenses new casino properties, the NYC gambling options will expand.

Gambling Locations Near Syracuse

Gambling Locations Near Buffalo and Rochester

Other NY Gambling Locations

Additionally, New York has a plethora of off-track betting locations that accept horse race wagers.

Betting at locations other than those listed above or the authorized off-track betting spots is illegal. If you bet anywhere else, you risk severe punishments, including felony charges, fines, and jail time.

Timeline of legal gambling in NY

Here’s a look at New York gambling legislation, year by year.

Resources

We used many resources to ensure this page had the most comprehensive and up-to-date information on New York gambling laws. Here’s a collection of the top sites and documents we used while putting this page together.

• New York Senate Gambling Laws Database
• YDP.com Gambling Crime List
• Old Research Report Summary Of New York DFS Law
• Bloodhorse: New York Could Soon Legalize Fixed Odds Horse Race Betting
• New York State Senate Bills And Laws
• New York Casino Gambling Amendment By Ballotpedia
• New York State Gaming Commission Website
• New York Off-Track Betting Locations

Other NY pages

If you need other information about gambling options in New York, consult one of the pages linked below: