Are Casinos Illegal In Oklahoma

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OKLAHOMA CITY (KFOR) – Tribes across the state are taking a stand on the first day of the new year, keeping casinos up and running despite a warning from the governor that in January, the gambling. Are Casinos Legal In Oklahoma? Yes, however, casinos are only permitted in the state if they are tribal-run. These casinos typically accept either 18 or twenty-one year olds and this entirely depends on whether the venue serves alcohol. Below are just a few of OK's popular tribal-run casinos.

An Overview Of The Gambling Laws In The State Of Oklahoma

Much of the history of Oklahoma involves the resettlement of Indian tribes from the States to the east. It is the descendants of those resettled tribes who now run the largest tribal casino operations anywhere in the US in Oklahoma. There are currently more than 111 casinos, which create a huge amount of jobs and generate millions in revenues for the State’s coffers. While there are not too many opportunities to gamble outside of the native lands, there almost does not need to be – with such a wide choice of casinos and poker rooms, large and small.

Below you will first see a rapid-paced history of the gambling laws in Oklahoma. This is followed by a look at each of the major forms of gambling in turn, each with a current legal status. After that you’ll find the key excerpts from the State laws, and a timeline of the major updates to the Statutes. Finally there is a short summary of the current situation and look towards the future for this State.

Oklahoma Gambling Laws – A Brief History

The early settlers bought gambling with them to the territory which would become Oklahoma during the early 1800’s. Tales of barely regulated casinos and poker games in saloons with their card-sharps and gunfights would have been the norm here. There were subsequently a lot of forced migrations of native tribes from the East onto Oklahoma lands – which explains why there are so many tribal casinos today. The prevailing view at the time that Oklahoma became a State in 1890 was that gambling was something to be banned on moral grounds. The initial legislation thus bans all gambling which is not explicitly exempted.

Horse-racing was the first form of gambling to be legalized, when pooled (pari-mutuel) betting was made legal in 1982. There are currently 3 major horse racing tracks in Oklahoma, which later benefited from class 2 slots – becoming ‘racinos’.

Charity gambling including bingo and raffle type games was legalized 10 years later. At the same time, the tribes started to offer bingo games from their lands. They wanted a compact to include the class 3 games (casino table games and slot machines), though the State government refused to engage in any negotiations. This lead to a game of legal cat and mouse, with the tribes pushing the boundaries of the definition of class 2 machines ever further – and the State taking them to court to challenge each progression.

The tribes won out, with their games being approved more often than banned, and in 2000 the Oklahoma government finally entered into negotiations. The result was the legalization of class 3 games on native lands in 2002. It did not take many years for the benefits to be felt. There are now $100’s of millions in revenues and huge employment numbers coming from directly from the casinos – as well as the many indirect benefits. Visitors come from neighboring States to visit the mega-casinos of the Choctaw tribe, while 100’s more venues cater for gamblers on a local level. Poker games including tournaments are spread on tribal lands, though there is no carve-out for home-games under the ‘social poker’ banner like you find in many other States.

What Forms Of Gambling Are Legal?

Are casinos illegal in oklahoma city

Casino Gaming: Yes, Oklahoma is home to the largest number of Tribal casinos anywhere in the US, you’ll literally be spoiled for choice here with everything from the huge resorts of the Choctaw tribe to smaller regional casinos and high stakes bingo halls. There are no commercial (non-tribal) casinos.

Online Casinos: No, as in many States, the laws were set before the internet, however, they are considered broad enough to outlaw any gambling which is not specifically licensed – which would include online gambling.

Live Poker: Yes, there is a huge choice of poker rooms at the tribal casinos, this includes some big tournament series and events as well as the regular real money games. Social poker games are not carved out under State law – making them technically illegal.

Online Poker: No, there is no indication from the State government that regulation of online poker is being considered.

Sports Betting: Yes, you can bet on horse races (pari-mutuel betting) either at racetracks or remotely. Slots machines and racetracks are combined into popular ‘racinos’.

Lottery Betting: Yes, there is a State lottery in Oklahoma, which includes the inter-State games.

Bingo Games: Yes, charity gaming is carved out and regulated, games falling under this category do need a separate license.

Oklahoma Gambling Laws – Statutes And Legal Timeline

Unlike many States, who go after the organizers of illegal gambling games, Oklahoma also has specific statutes criminalizing players in them. This State makes the bet the subject of criminal proceedings as well as outlawing gambling devices (broadly defined) and profiting from the games via rake or fees. While the bet legislation focuses on games of chance, poker (the only game which could arguably be all skill) is covered under a separate list of illegal gambling games.

Here are the key excerpts:

[su_quote]“Except as provided in the Oklahoma Charity Games Act, every person who opens, or causes to be opened, or who conducts, whether for hire or not, or carries on either poker, roulette, craps or any banking or percentage, or any gambling game played with dice, cards or any device, for money, checks, credits, or any representatives of value…” (From: 21- 941 – Opening, conducting or carrying on gambling game)[/su_quote]

Here is the other crucial definition – that of a bet:

“A “bet” is a bargain in which the parties agree that, dependent upon chance, or in which one of the parties to the transaction has valid reason to believe that it is dependent upon chance, one stands to win or lose something of value specified in the agreement. “

While there is no carve out for social or private gambling games, there is no history of busts in this area. Illegal sports-betting is the area which takes the heat from the Oklahoma law enforcement agencies.

1982: Pari-Mutuel betting on horse races is first legislated for, becoming law in 1983. Each of the 15 counties in Oklahoma has a separate vote on this, with 12 approving. Later off-site betting and gaming machines would be allowed from the 3 major racetracks.

1987: Choctaw Indians first host high stakes bingo games on their land.

1992: First compact signed with the many Oklahoma tribes, this allowed for class 2 games and pari-mutuel horse racing on tribal lands. Class 2 gambling includes bingo or lottery type games including electronic machines. Often games run by computers but with the assistance of live dealers are included in this definition.

1992: Charitable Games Act passed into law, allowing bingo, pull-tab games and other raffles to be held under license of the ‘Alcoholic Beverage Law Enforcement Commission’ (ABLE).

2004: After years of legal battles about the ever improving class 2 gaming, the State sits down to negotiate a compact for class 3 games. This is approved and the environment was made possible for the tribes to expand to the 111+ casinos operating today.

2005: The Oklahoma lottery begins, this was legislated for in 2003, and put to the voters in a referendum in 2004. This lottery now includes inter-State games such as the Powerball.

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Oklahoma Gambling Laws – Summary And A Look To The Future

With so many tribal casinos in one place, and compacts which will run until 2020 and be extended if no renegotiation takes place – there is little pressure for Oklahoma to legislate for any further gambling within their borders. The status-quo provides a lot of revenue and employment for the State and large investments are ongoing, making the Choctaw casino complexes especially lavish.

The government has yet to say anything about future legislation of online gambling, and in particular poker. It is hard to see how they would be able to introduce this without the tribes being a major part of the negotiation. While tribes elsewhere have shown that they would like to be involved (for example in California), there is a chance that a regulation drive could come from them. I do not expect to see this State regulating quickly, with the most likely outcome a proof of revenue coming from other States before this subject gets raised.

Useful Resources:

Indian Compacts

  • http://www.gaminglawmasters.com/pdfs/IMGL%20Member%20Article%20Mike%20McBride%205.10.10.pdf

Oklahoma Indian Gaming Association

Charity Gambling Act

State Laws Summary

Oklahoma Compliance FAQs

Statutes (Number 21 Contains Gambling Info, Each Part Downloads A File)

Oklahoma, like many other Midwest states, does not have a massive population. Its population of 3.94 million residents has made the state the center of tribal gaming. Oklahoma has the second-highest population of Native Americans in the United States, just behind California. Because of that, the Sooner state has become an epicenter of tribal casinos.

This article will acquaint you with Oklahoma’s history of gambling, its gambling laws, and regulations and further give you an overview of the rules. Additionally, you will find out which casinos are worth visiting the next time you find yourself in the Midwest.

A Brief History of Oklahoma Gambling Laws

During the early 1800s, the first settlers brought gambling to Oklahoma. In those times, gambling can be found in saloons during regular poker games. Today’s Native American population in Oklahoma is 321,687 — a result of constant migration in the 19th and 20th century. Since becoming a state in 1890, Oklahoma has banned all forms of gambling.

The first legalized form of gambling was horse racing in 1982. There were three horse racing tracks in the whole state, with two later becoming racinos. Nowadays, there is only one horse racing track, Fair Meadows, established in 1989.

In 1992, Oklahoma also legalized forms of charity gambling. Licensed charities offer raffle tickets, pull tabs, and bingo per Title 3A. Of course, 100% of the proceeds must go to the chosen charity. Places like churches, student groups, and others have permission to carry out any charitable gambling.

After a couple of years in court, in the early 2000s, the tribes won against the State. As a result, they could operate class III games legally on native lands in Oklahoma. It was a complicated legal battle since the Government refused to take part in any negotiations, but the tribes came out as winners.

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Gambling Laws in Oklahoma — The Law Overview

Gambling in Oklahoma has been defined as “betting or bargaining that, dependent upon chance, one stands to lose or win something of value specified in an agreement between parties.” This definition leaves some room for interpretation, especially for skill-based games. However, it is clear enough for land-based and online games of chance. Any person older than 18 is free to gamble, while for gambling in casinos that serve alcohol, you need to be older than 21.

As we have already mentioned, horse racing and charity gambling have been legal in the Sooner state for some time now. Since 2004, it became legal for horse racing tracks to add casinos and thus form racinos on their grounds. Sallisaw’s Blue Ribbon Downs was opened in 2005, while Claremore’s Will Rogers Downs was opened a year later.

Charitable gaming needs to be approved by the state. Additionally, Statute 21-1051v2 (3)(a) allows police stations, fire departments, public and private schools, and more to raise money with charitable gaming. The Statue also emphasizes that nobody can profit from any charitable gaming acts.

Even though there are precisely defined laws against some types of betting, there are still some loopholes that could mislead players. We will discuss these types of gambling further in the article.

Are Casinos Illegal In Oklahoma

Online Gambling

There are no implicit laws that forbid online gambling. However, online gambling is considered illegal in the state of Oklahoma. The following section, 21-964 (A)(2) from the criminal code, has some dubious language that can be taken into consideration in a case against online gambling.

“Any machine, instrument, mechanism, or device that operates or may be played or operated mechanically, electrically, automatically, or manually, and which can be played or operated by any person by paying to or depositing with any person, or by depositing with or into any cache, slot, or place a coin, chip, token, check, credit, money, representative of value, or a thing of value, and by which play or operation such person will stand to win or lose, whether by skill or chance or by both, a thing of value.”

This description addresses slot machines but could refer to a computer, smartphone, or tablet. There was one case in Oklahoma in 2011 when a police officer was arrested for online betting at sportsbooks on horse races. That one case alone is enough to further question the law about online gambling.

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Social Gambling

Another Statue, 21-942 of the criminal code, deems illegal any type of social gathering that involves bets. Bets can include gambling with money, checks, credit cards, or other payment methods. There have been a couple of cases in Oklahoma where the police raided social gatherings. Even though the chances of that happening are low, it is recommended not to indulge in social gambling. Social gambling includes low-stakes and high-stakes poker games, betting pools, and similar.

Commercial Gambling

In Oklahoma, commercial gambling is illegal, and there are no commercial casinos. Any person caught organizing or participating in an illegal lottery or profiting from a gambling establishment can be subject to a fine, prison time, or both. Other activities also include collecting the proceeds of any gambling device, owning, controlling, managing, or financing a gambling business — the fine for commercial gambling is $25,000 or ten years in prison.

Tribal Casinos in Oklahoma

The Sooner state has had a long and complicated history between the government officials and the tribes. During the 1990s, Oklahoma tribes could not participate in the gambling business. At that time, the federal revenue from Indian gaming was around $54.6 million.

The Indian Gaming Regulatory Act established three classes of gaming, and 16 years ago, Oklahoma was only allowed to conduct classes I and II. Oklahoma tribes refused to make a pact with the state since that pact didn’t allow many games. That meant that games such as craps, keno, roulette, slot machines, and more were not legal in Indian casinos.

After a lengthy legal battle, the governor passed the Senate Bill 1252 in favor of Oklahoma tribes in 2004. Since then, class III games are allowed in tribal casinos in Oklahoma. Today, there are more than 130 tribal casinos in the state.

Annually, the tribal gaming industry generates more than $4 billion in revenue. Tribal casinos only have to pay exclusivity fees from their class III earnings, which is about $2 billion yearly.

However, tribal online poker sites are not available in Oklahoma. The Arapaho and Cheyenne Tribes opened one such website in 2013, but the governor said that the site couldn’t feature any in-state real money. The governor allowed servicing international players, with 20% of the revenue going to the state. However, the Department of Indian Affairs did not allow it since it went against the IGRA laws. The project was dropped until 2016 when the Iowa Tribe took over and won the right to offer real money plays and cashouts.

Where to Gamble in Oklahoma?

There is a variety of options for tribal casinos in Oklahoma and here are our top three picks:

Riverwind Casino

Opened in 2006 in Norman, Riverwind Casinos are owned and operated by the Chickasaw Nation. Next to many casinos, the theatre hall, two restaurants, and several bars, they also opened an adjoining hotel in 2009. The casino floor holds 2,700 slot machines in addition to 20 gaming tables of blackjack, roulette, baccarat, and others. There are also 17 poker tables and many attractive rewards for players and visitors. One of them is called The Wild Card, and it offers many privileges that regular players cannot enjoy.

WinStar World Casino

Are Casinos Illegal In Oklahoma

Located next to the Texas–Oklahoma state line in Thackerville and opened in 2004, this casino offers the full package. The 370,000 square feet casino floor makes it the largest in the United States. Its hotel has more than 1300 rooms on 12 floors that were completely renovated in 2009. There are many restaurants and venues where celebrities, such as ZZ Top, Maroon 5 or Adam Lambert, have held their shows.

The casino floor offers a 55-table poker room, 8,500 electronic games, 100 table games, keno, bingo, and other gambling games. As with many other casinos, there are also various promotions that can help you win a lot of money in cash. There’s also off-track betting, golf club, and an RV park.

Choctaw Casinos and Resorts

There are eight Choctaw casinos and resorts in Oklahoma, owned and operated by the Choctaw Nation of Oklahoma. This article will focus on the location in Durant that opened in 2006. The site in Durant is the original gaming location widespread on 218,844 square feet. The casino floor has more than 4,200 slot machines. There is a Rewards Club card that offers many amenities. The owner of the card can collect points and earn Tier Credits, and those credits account for more gaming, free stays, dining and similar.

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FAQ

Is online gambling legal in Oklahoma?

As we already mentioned, online gambling is illegal but with no strict punishments if caught. The unlawful action is a misdemeanor with fines from $25 to $100 and/or 30 days in county jail.

Are Oklahoma Casinos Regulated

What is the legal gambling age for players in Oklahoma?

The legal gambling age in casinos where no alcohol is served is 18 years, and in casinos that serve alcohol, it is 21 years.

Are table games legal in Oklahoma?

Table games are legal in tribal casinos in Oklahoma, including class III games.

What States Are Casinos Illegal

Are daily fantasy sports legal in Oklahoma?

Are Casinos Illegal In Texas

Daily fantasy sports players are allowed to bet in Oklahoma on DraftKings, FanDuel, Fantasy Draft, and Yahoo!. However, they do not gain a lot of traction because of tribal casinos’ popularity.