California Gambling Statute

 
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In 1984, California legalized gambling through the the Gaming Registration Act. Its main purpose being to monitor & regulate card rooms in California. However, the scope of its authority was limited, and the Gambling Control Act was enacted by the Legislature in 1997. Edition of California Gambling Laws and Regulations. This book is intended to be a resource for government officials, members of the regulated industry, and members of the public to easily find the statutes and regulations governing gambling in California. California gambling laws stipulate the casino gambling age at 18-21. This means that there are some venues that don’t serve alcohol, in which players only have to be 18. Most of the casinos and poker rooms do serve alcohol, and in those, you must be over 21. The casino gambling age includes poker rooms as well. California is a haven for cardrooms. Currently, the California Gambling Control Commission (CGCC) shows 88 active cardrooms throughout the state with 1,997 total tables in operation. This is in addition to the tribal gambling operations in California, which currently total 62 casinos. While state legislators have yet to find agreement.


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April 30th, 2018 Last updated on November 2nd, 2020
Online Poker in California
Last Updated November 2, 2020

Too many players, California – not Nevada – is the center of the poker universe. The state has earned that reputation thanks largely to the card clubs that host high-stakes cash and tournament action year-round. When it comes to online poker, and gambling in general, players are likely to have a number of questions and concerns. That’s why we’ve assembled this guide to online poker in California that encompasses legal issues, history, the very latest regarding poker news from the Golden State and which sites accept CA players.

California’s appearance in gambling headlines is generally a result of some new delay or disagreement regarding the state’s efforts to legalize online poker California. The state has been going back and forth on the issue for approximately ten years now, and recent attempts to rally support for a revised approach also fell flat. While progress was made in the last few years to garner the quell the opposition of the horse racing industry, the bad actor clause remains the final sticking point on which there is no compromise.

Is Gambling Legal in California?

Type/CodeSummary
State Code Section(s)PEN.1.9.10330-337; BPC.4-5
Definition of GamblingGambling: To deal, operate, carry on, conduct, maintain, or expose for play any controlled game.
Definition of Banking Game or Banked GameBanking game or banked game: Does not include a controlled game if the published rules of the game feature a player-dealer position and provide that this position must be continuously and systematically rotated amongst each of the participants during the play of the game, ensure that the player-dealer is able to win or lose only a fixed and limited wager during the play of the game, and preclude the house, another entity, a player, or an observer from maintaining or operating as a bank during the course of the game.
Online Poker/GamblingFor 10 years (2006-2016), lawmakers considered variations of online poker legislation but failed to pass one through both houses. Some special interests were placated through the years, but the tribes and card rooms could not find agreement on “bad actor” language. Lawmakers finally gave up after finding no compromises in 2016 and have yet to revisit the issue.
Live PokerLive cash games and tournaments are permitted in more than 100 licensed card rooms throughout the state and casinos on Indian reservations. There are special rules pertaining to draw poker, which must be approved by voters in counties with large populations.
CasinosIn addition to card rooms that offer non-house-banked games like poker and California blackjack, casinos are located throughout the state on various Indian reservations. Most of those casinos are complete with table games, slot machines, and other games like keno and bingo.
Sports BettingA bill introduced in 2017 to legalize sports betting was still in action in 2018 but had yet to pass as of the summer session.
DFSCalifornia considered daily fantasy sports in 2016, but no bill passed, and there have been no proposals since.
Other Forms of GamblingLottery, pari-mutuel horse wagering, charitable gambling.

Recent California Headlines for 2019

While progress was made in the last few years to garner the quell the opposition of the horse racing industry, the bad actor clause remains the final sticking point on which there is no compromise. The most recent attempt at a bill in 2017 by longtime online poker supporter Assemblyman Reggie Jones-Sawyer was met with such resistance to compromise on the bad actor debate that the bill was considered dead by mid-April. Jones-Sawyer noted that it might be best to start from the beginning, which looks like won’t happen until 2018 at the soonest.

One interesting development in 2017 was the withdrawal of the San Manuel Band of Mission Indians from the PokerStars coalition. The move came about due to the exhaustion of funds over many years pertaining to this issue with no clear resolution in sight, but it leaves the PokerStars group weakened, now boasting of the Morongo tribe as the only Native American faction on board with the removal of the bad actor clause. Future developments regarding this coalition may make way for a new round of talks.

There was little news regarding online poker in 2018. Jones-Sawyer had been so disenchanted with the breakdown of talks in 2017 – after ten years of efforts – that he chose not to introduced online poker legislation in 2018. He suggested that the possibility of legalized sports betting might bring all of the stakeholders back the to the table with more open minds, and online poker might find an avenue via a joint bill. But despite the US Supreme Court ruling in May 2018 that allowed states to regulate sports betting as they chose, California wasn’t one of the states that considered any proposals.

Meanwhile, tribal casino operators’ longstanding frustrations with California card room operators took a new turn. It started many years ago when tribal leaders complained to the California Gambling Control Commission and Bureau of Gambling Control about card rooms that refuse to adhere to the letter of the law regarding banked and percentage-based table games. Tribes asserted that card rooms worked around the law by using third-party proposition players to fill open spots at tables and act as the bank, but the rotations do not take place per the law. After years of inaction by the state’s gambling regulators, the tribes took matters into their own hands. In November, the Rincon Band of Luiseno Indians and Santa Ynez Band of Chumash Indians filed a lawsuit against numerous casinosin the state, including Bicycle Casino, Commerce Casino, Oceans 11, Hollywood Park, Hawaiian Gardens, Hustler, 25 unnamed proposition players, and unnamed third-party prop player providers.

California Sports Betting Laws 2019-2020

Frustrated lawmakers, frustrated tribal leaders, and scrutinized card rooms may find it difficult to come together on sports betting, online poker, or any other gambling-related matter in 2019.

All Poker and Gambling Laws by State

California in the News
  • They said they would do it, and they did it. And this may only be the beginning. The Rincon Band of Luiseno Mission Indians and Santa Ynez Band of Chumash Mission Indians joined together to file a lawsuit in the County of San Diego in the Superior Court of California.

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  • California may not have made any recent progress regarding the legalization of online poker, but the state remains one of the most popular for poker players. There are currently more than 150 card rooms in the state, ranging from small rooms to large facilities dedicated primarily to poker, as well

    Read Full
  • September 25th, 2018

    A successful poker player must have confidence. Gordon Vayo has displayed that quality on numerous occasions at the poker tables, whether playing live or online, but none more than in the 2016 World Series of Poker Main Event. On the biggest stage in poker, playing for one of the largest

    Read Full
  • February 14th, 2018

    That was quick. Not even two full months into 2018 and news emerges that California will not pursue online poker legislation this year. Even the future in California is unclear and seems dependent upon the upcoming US Supreme Court decision regarding sports betting. According to one legislator who has been

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  • November 25th, 2017

    California has 88 cardrooms currently operating throughout the state, not including those inside many of the 62 tribal casino operations. The vast majority of cardrooms run smoothly and legitimately, staying well within the guidelines of the California Gambling Control Commission (CGCC) and federal gambling statutes. However, the number of incidents

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  • November 21st, 2017

    California is a haven for cardrooms. Currently, the California Gambling Control Commission (CGCC) shows 88 active cardrooms throughout the state with 1,997 total tables in operation. This is in addition to the tribal gambling operations in California, which currently total 62 casinos. While state legislators have yet to find agreement

    Read Full

California Online Poker Legislation

The path to legalized online poker in California has been full of disappointments. Assemblyman Mike Gatto once claimedthat California’s legislature has seen two to six online gambling bills every year since 2008, with none of them being remotely successful. After significant progress in 2016 that resulted in yet another failure, and a total of ten years of attempts to legalize and regulate California real-money online poker, the issue was put on indefinite hold in 2017 due to a stalemate that has caused many lawmakers and interested parties to leave the discussions in frustration.

The Basics of Playing Online Poker in California

You don’t need to know much about California to know that poker is massively popular in the state. Whether it’s the constant action at the state’s card rooms, the regular presence of California-based players on poker’s world stage, or the steady stream of online poker news coming from the state, everything points to one conclusion: Californians are playing Internet poker in numbers that far outstrip any other state in the US (and probably quite a few countries as well).

Like most, poker players want to know that they’re playing at a reputable site which will offer a fair game. We suggest only sites that are properly licensed and regulated in their jurisdiction, ensuring that Californians play only at legal poker rooms online. You can view this page to get a list of the best sites for your state.

Helpful Gambling Resources & Links

California is the most populous state in America, with almost 40 million people living there.

California is sometimes portrayed as having a vacation lifestyle and being carefree. Because of this, it’s hard to believe that any casinos other than tribal ones are prohibited. They also have strict laws regarding race betting, slot machines and other forms of gambling.

One type of gambling that’s completely legal in California, though, is online gambling.

You can learn everything you need to know about California gambling sites on this page.

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Online Gambling and California Law

Is Online Gambling Legal in California?

Yes, online gambling is legal in California.

In fact, California laws don’t prohibit, regulate, or ban any type of online gambling. You can feel free to play on any online casino and enjoy your favorite casino or card games that you can’t find in the state.

The only law regarding online gambling in California is the age limit. You must be 21 years or older to legally gamble online.

Can I Get Arrested for Gambling Online in California?

No, but starting an online casino or gambling business in California is illegal – you can definitely get arrested for that.

You can also be arrested if you don’t pay taxes on revenue earned from any online gambling you do.

If you’re just a player and not an owner, and if you pay your taxes, you’re in the clear.

Also On This Page

More Gambling Laws in California
Gambling Venues in California
The History of Gaming Laws in California
The Furture of Gambling in California

More Gambling Laws in California

  • Casino Games (Legal)
  • Slot Machines (Illegal)
  • Sports Betting (Legal)
  • Racing Betting (Parimutuel Only)
  • Lottry (Legal)
  • Bingo (Legal With Restrictions)
  • Draw Poker (Legal With Restrictions)
  • Social Gambling (Illegal)

Section 19801 of The Gambling Control Act says:

“(a)State law prohibits commercially operated lotteries, banked or percentage games, and gambling machines, and strictly regulates parimutuel wagering on horse racing. To the extent that state law categorically prohibits certain forms of gambling and prohibits gambling devices, nothing herein shall be construed, in any manner, to reflect a legislative intent to relax those prohibitions.

(b)The State of California has permitted the operation of gambling establishments for more than 100 years. Gambling establishments were first regulated by the State of California pursuant to legislation which was enacted in 1984. Gambling establishments currently employ more than 20,000 people in the State of California, and contribute more than one hundred million dollars ($100,000,000) in taxes and fees to California’s government. Gambling establishments are lawful enterprises in the State of California, and are entitled to full protection of the laws of this state.”

Casino games: Legal

California only allows tribal casinos. The tribal casinos usually offer poker, blackjack, bingo, keno, video poker and slot machines.

Card rooms are allowed in California. These are different from casinos because players bet against each other and not the house. These establishments make their money by charging players a fee to play. This often takes the form of a 5% contribution from each pot, which is called the rake.

Card rooms are state regulated, and offer games like poker and pai gow.

Here’s what the State of California Department of Justice says about card rooms:

“All controlled games (pai-gow, poker, etc.) and gaming activities (jackpots, bonuses, tournaments, etc.) must be approved by the Bureau and must comply with local gaming ordinances prior to their play at a licensed gambling establishment within California.”

Slot Machines: Illegal

Slot machines are illegal to own unless they’re antiques. Antique slot machines must be over 25 years old, and must not be used for real money gambling.

Here’s what section 330.7 of the California Law, Regulations, Resource Information says about antique slot machines:

“(a) It shall be a defense to any prosecution under this chapter relating to slot machines, as defined in subdivision (d) of Section 330b, if the defendant shows that the slot machine is an antique slot machine and was not operated for gambling purposes while in the defendant’s possession. For the purposes of this section, the term “antique slot machine” means a slot machine that is over 25 years of age.”

Sports betting: Legal

Betting on sports in California is legal, but accepting bets on sports or bookmaking is illegal.

Here’s what section 337a of the Penal Code says about bookmaking:

“Except as provided in Section 336.9, every person who engages in one of the following offenses, shall be punished for a first offense by imprisonment in a county jail for a period of not more than one year or in the state prison, or by a fine not to exceed five thousand dollars ($5,000), or by both imprisonment and fine:

(1)Pool selling or bookmaking, with or without writing, at any time or place.”

Online sports betting is legal in California. No legal sports book in the United States takes bets online because of the Federal Wire Act. But you can find plenty of online sports books who would be happy to take your action from California. We suggest several trustworthy offshore California gambling sites. You can play at any of them with confidence.

Racing betting: Parimutuel Only

What is parimutuel betting?

It’s when player’s bets are put together in a pool, the taxes and track fees are deducted and the pool is then divided among the winning players.

Here’s what section 19590 of the Business and Professions Code says about wagering on horse racing:

“The board shall adopt rules governing, permitting, and regulating parimutuel wagering on horse races under the system known as the parimutuel method of wagering. Parimutuel wagering shall be conducted only by a person or persons licensed under this chapter to conduct a horse racing meeting or authorized by the board to conduct advance deposit wagering.”

Dog racing is illegal in the state of California.

Lottery: Legal

California has a state regulated lottery that provides a variety of games. A few of these games include SuperLotto Plus and Mega Millions.

Here’s what section 8880.1 of the California Government Code says about the lottery:

“The People of the State of California declare that the purpose of this Act is support for preservation of the rights, liberties and welfare of the people by providing additional monies to benefit education without the imposition of additional or increased taxes. The People of the State of California further declare that it is their intent that the net revenues of the California State Lottery shall not be used as substitute funds but rather shall supplement the total amount of money allocated for public education in California.”

Bingo: Tribal Casinos and Charitable Games Only

You can find regular gambling bingo in approved tribal casinos.

You won’t find regular bingo halls in California–the only approved bingo is when played for charity. Charitable bingo games can only be held once per year, and no cash prizes can be given out.

Here’s what section 19985 of The Gambling Control Act says about nonprofit organization fundraisers:

“(a)Nonprofit organizations provide important and necessary services to the people of the State of California with respect to educational and social services and there is a need to provide methods of fundraising to nonprofit organizations so as to enable them to meet their stated purposes.

(b)The playing of controlled games for the purpose of raising funds by nonprofit organizations is in the public interest.

(c)Uniform regulation for the conduct of controlled games is in the best interests of nonprofit organizations and the people of this state.”

Social Gambling: Illegal

Illegal forms of gambling in California include:

  • Faro
  • Monte
  • Roulette
  • Lansquenet
  • Rouge et noire
  • Rondo
  • Tan
  • Fan-tan
  • Seven-and-a-half
  • Twenty-one
  • Hokey-pokey

If you’re caught betting in any of these games you can end up paying $1,000 in fines and spending six months in jail.

Here’s what section 330 of the California Gambling Law, Regulations, and Resource Information says about illegal forms of gambling and the punishment for it:

“Every person who deals, plays, or carries on, opens, or causes to be opened, or who conducts, either as owner or employee, whether for hire or not, any game of faro, monte, roulette, lansquenet, rouge et noire, rondo, tan, fan-tan, seven-and a-half, twenty-one, hokey-pokey, or any banking or percentage game played with cards, dice, or any device, for money, checks, credit, or other representative of value, and every person who plays or bets at or against any of those prohibited games, is guilty of a misdemeanor, and shall be punishable by a fine not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000), or by imprisonment in the county jail not exceeding six months, or by both the fine and imprisonment.”

Draw Poker: Legal With Restrictions

California counties that have more than 4 million residents prohibit draw poker.

California Gambling Statute

Here’s what section 337 of the California Law, Regulations, and Resource Information says about it:

“(a) This section applies only in counties with a population exceeding 4,000,000. (b) Every person who deals, plays, or carries on, opens, or causes to be opened, or who conducts, either as owner or employee, whether for hire or not, any game of draw poker, including lowball poker, is guilty of a misdemeanor.

(e) The Legislature finds that in counties with a large, concentrated population, problems incident to the playing of draw poker are, in part, qualitatively, as well as quantitatively, different from the problems in smaller counties. The Legislature finds that counties with a population exceeding 4,000,000 constitute a special problem, and it is reasonable classification to adopt prohibitory legislation applicable only to such counties.”

Gambling Venues in California

California Gambling Statute Rules

65 active tribal casinos and 94 gaming establishments or card rooms operate in California.

Here are some of the current tribal casinos in the state:

    1) Win-River Casino

    2100 Redding Rancheria Road

    Redding, California 96001-5530

    2) Winnedumah Winn’s Casino

    135 South Highway 395

    Independence, California 93526

    3) Table Mountain Casino

    8184 Table Mountain Road

    Friant, California 93626 800-541-3637

    4) Tachi Palace Hotel and Casino

    17225 Jersey Avenue

    Lemoore, California 93245-9760

    5) San Pablo Lytton Casino

    13255 San Pablo Ave

    San Pablo, CA 94806

    6) Santa Ysabel Resort and Casino

    25575 Highway 79 PO Box 600

    Santa Ysabel, California 92070

    7) Red Fox Casino & Bingo

    200 Cahto Drive

    Laytonville, California 95454

    8) Red Hawk Casino

    1 Red Hawk Boulevard

    Placerville, CA 95667

    9) Paiute Palace Casino

    2742 North Sierra Highway

    Bishop, California 93514

    10) Pala Casino Spa Resort

    11154 Highway 76

    Pala, California 92059

History of Gambling in California

1933

Horse race betting becomes legal at six tracks and many offtrack betting establishments.

1988

The Indian Gaming Regulatory Act helps bring casino gambling business to California by forming compacts with over 50 tribes. The tribes start their casinos with bingo-style games.

2000Definition

Casino gambling is fully legalized on tribal land. Individual compacts are formed with each tribe to agree on the type and number of games the casinos can run.

California Gambling Regulations

2010

Horse race betting online is officially legalized for California residents.

2012

Attempts to regulate online poker are put before the California Senate. They fail.

2014

California Gambling Statutes

Another attempt to regulate online poker is put before the California Senate. They fail again.

California Gambling Statistics

Additional Resources

California’s Gambling Future

California gambling statistics

California Gambling Statute Of Limitations

Brick and mortar establishments are pushing heavily for state regulated online gambling. Because of the large population, having state regulated gambling would allow huge online tournaments and promotions at California gambling sites.

California Gambling Statute Definition

One setback of the state regulated online gambling is the tribal casinos. The tribal casinos have run casino gambling in California for years, so they want to be responsible for online gambling too.

Aside from regulating online gambling, we don’t foresee much change in the California gambling law. You can find plenty of casinos and card rooms throughout the state. The state lottery and horse racing venues aren’t going anywhere soon, either.