Gambling

• Author: Richard Leiter
• Pages: 553-562

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Gambling is an industry that is undergoing tremendous change. It was not too long ago that Nevada was the only state in the union that allowed casino gambling. Today, numerous states either are considering legalizing gambling, or have already done so. There are two factors that are driving the change. First, Native Americans have won the right to establish casinos on their lands regardless of the laws of the state in which they are located. The establishment of these casinos has softened the general public’s attitudes toward casino gambling and has led to the introduction of legislative initiatives that permit it, or to voter referendums on the issue. Often, in each situation, the initiatives have resulted in outcomes favorable to gambling. The other factor that has led to legalization of gambling is the economic impact. Many of the regions where gambling has been legalized have realized untold economic benefits in terms of taxes, jobs and development of infrastructure, etc.

Despite the economic developments, the idea of legalizing gambling is not without controversy. Many argue that despite the economic benefits, there is also associated tragedy as people who are addicted to gambling have been known to gamble until they have lost everything and have wreaked havoc on their families and personal lives.

Casino gambling is not the only type of gambling that exists, nor is it the only kind of gambling addressed by state laws. As can be seen in the following chapter, there are many different ways to gamble. The most common subject of regulation is betting. Pari-mutuel wagering is a betting pool in which those who bet on competitors finishing in the top three positions share the total amount bet, less a percentage for the management. Horse racing, dog racing or betting on sporting events are those most frequently and specifically banned. However regulation of regional events is common. Alaska lists about ten different events that are allowed, including many that would be unthinkable in the south: Deep Freeze Classic, Snow Machine Classic, and the Ice Classic are examples. Florida lists a number of legal gambling activities that relate specifically to the state’s large number of retired citizens: penny-ante games with winnings not exceeding $10 .... including poker, pinochle, bridge, dominos, mahjong that are conducted by adults within a dwelling. One of the more unusual prohibitions is found in Massachusetts where gaming is not permitted within one mile of a cattle show or military muster.

Overall, the subject of legalized gambling as an industry is far from settled and is likely to change regularly in the coming years.

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Table 37: Gambling
State/Code Section	Gambling	Horse Racing/Off-Track Betting	Dog Racing/Off-Track Betting	Casinos Allowed?	Other Kinds of Gambling-Related Activities Allowed or Banned
ALABAMA 13A-12-20 et seq.; 11-65-1	Staking or risking something of value upon the outcome of a contest of chance or future contingent event not under one’s control.	Municipalities allowed to determine through referendum whether horse racing will be. permitted.	Greyhound races allowed.	Gambling devices banned.	Pari-mutuel betting allowed in conjunction with horse and dog racing, also with televised horse and dog racing.
ALASKA 11.66.200; 11.66.200(b); 11.66.250(2); 05.15.180	Staking or risking something of value upon the outcome of a contest of chance or future contingent event not under one’s control or influence, upon an agreement or understanding that person will receive something of value in event of a certain outcome.	Prohibited.	Dog mushers’ contests allowed.	Gambling devices banned.	Several games of chance and/or skill allowed, including bingo, Canned Salmon Classic, Deep Freeze Classic, Fish Derby, Goose Classic, Ice Classic, King Slamon Classic, Mercury Classic, Mushing Sweepstakes, Race Classic, Rain Classic, Snow Machine Classic, numbers wheels, and animal classics. Social in-home gambling allowed.
ARIZONA 13-3301 et seq.; 5-101 et seq.	Risking or giving something of value for opportunity to obtain benefit from game, contest, or future contingent event.	Horse and harness racing permitted. Off-track betting prohibited.	Daytime dog racing not allowed on same day as daytime horse or harness races in same county.	Charitable organizations’ casino night fundraisers allowed; casinos run for profit banned. Indian reservation casinos allowed.	Gambling in which prizes are not offered as a lure to separate players from their money allowed. Social gambling allowed. Raffles allowed.
ARKANSAS 5-66-101 et seq.; 23-110-405 et seq.	Betting any money or any valuable thing on any game of hazard or skill.	Pari-mutuel wagering only.	Franchised greyhound racing legal, pari-mutuel wagering only.	Gambling houses and devices banned.	All wagering on all sports or games banned. Betting on card games can result in a fine of not less than $10 and not more than $25. Keno banned 5-66-110
CALIFORNIA Penal code 330 et seq.; Bus and Prof Code 19400 et seq., Gov’t Code 98001 et seq.	Dealing, playing, or conducting, games of faro, monte, roulette, lansquenet, rouge et noir, rondo, tan, fantan, seven-and-a-half, twenty-one, hokey pokey, or any banking or percentage game played with cards or dice.	Horse and harness racing permitted, pari-mutuel betting only. Off-track betting prohibited. Non pari-mutuel prohibited 337k.	Not specified.	Indian reservation casinos allowed, otherwise prohibited. Slot machines banned.	“Razzle dazzle,” card, dice games prohibited if played for money, credit, check, or anything of value. Draw poker banned only in counties of 4 million or more people. Illegal to possess any dice with more than 6 faces. Bingo for charity ok 326.5.
COLORADO 18-10-101 et seq.; 12-60-101 et seq.; 12-47.1-101 et seq.	Risking money or any other thing of value for gain contingent in whole or part upon lot, chance, or the happening or outcome of an event over which the person taking a risk has no control.	Effective April 21, 2003, off-track simulcasts permitted. Out-of-state simulcasts permitted. Parimutuel wagering only.	Greyhound races permitted; off-track simulcasts permitted. Special event greyhound race simulcasts from out of state permitted. Parimutuel wagering only. Standard bred harness horse race ok w/permit 12-60-510. Horse racing permitted 12-60-511.	Limited: slot machines, poker and black jack with maximum single bet of $5. Only allowed in cities of Central, Black Hawk, and Cripple Creek. Indian reservation casinos allowed.	Election wagers banned; gaming for charitable organizations allowed. Social gambling allowed. Bingo and raffles regulated by the secretary of state.

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State/Code Section	Gambling	Horse Racing/Off-Track Betting	Dog Racing/Off-Track Betting	Casinos Allowed?	Other Kinds of Gambling-Related Activities Allowed or Banned
CONNECTICUT 12-557 et seq.; 53-278a et seq.	Risking something of value for gain contingent on chance.	Daily double, exacta, quinella, trifecta, superfecta, twin trifecta, pick four, pick six, and other forms of parimutuel betting allowed. Off-track betting allowed.	Off-track betting allowed. Wagering on out-of-state dog races allowed.	Bingo parlors allowed. Pequot and Mohegan tribes permitted to operate casinos per Tribal-State Compact. Gambling devices otherwise prohibited.	Any person licensed to conduct betting or wagering events must display informational materials for the prevention, treatment, and rehabilitation of compulsive gamblers. Social gambling allowed.
DELAWARE 3-10001 et seq.; 11-1401 et seq.	Recording or registering bets or wagers, or directly or indirectly betting or wagering, money or anything of value.	Horse and harness racing allowed; pari-mutuel allowed. Off-track betting on out-of-state races permitted.	Not specified.	Gambling devices prohibited.	Gambling in bowling alleys, craps games, and election wagering banned. Merchandising plans are not gambling.
DISTRICT OF COLUMBIA 22-1701 et seq.	Playing any game of chance for money or property.	All wagering on athletic contests, including horse racing, prohibited.	Prohibited.	No house, vessel, or place on land or water, may be set up for gaming purposes. No gambling devices such as slot machines or roulette wheels permitted.	Bingo, raffles, and Monte Carlo night parties organized for educational and charitable purposes allowed. Three-card monte; confidence games; bookmaking; illegal.
FLORIDA 849.01 et seq.; 550.001, et. seq.	Playing or engaging in any card game or game of chance, at any place, by any device, for money or another thing of value.	Pari-mutuel wagering meets of thoroughbred racing, quarter horse racing, or harness racing allowed with permit. Off-track and inter-track wagering allowed.	Pari-mutuel wagering on greyhound dog racing allowed with permit. Off-track and intertrack wagering allowed.	Pari-mutuel-style, not casino-style card rooms allowed. Tribal gaming pursuant to Indian Gaming Regulatory Act legal. Gambling devices otherwise prohibited.	Penny-ante games with winnings not exceeding $10 permitted, including poker, pinochle, bridge, dominoes, and mahjongg, if conducted by adults in a dwelling. Cardrooms, bingo, gaming for charitable organizations allowed. Chain letters and pyramid schemes banned. Jahalai allowed.
GEORGIA 16-12-20 et seq.	Betting upon the final result of any game or contest, or upon games played with cards, dice, or balls, in order to win money or other things of value, prohibited.	Prohibited.	Prohibited.	Maintenance of gambling places or equipment prohibited.	Election wagering, commercial gambling, dogfighting, chain letter and pyramid clubs banned. Raffles for charitable organizations allowed.
HAWAII 712-1220 et seq.	Staking or risking something of value upon outcome of a contest of chance or uncontrollable future contingent event in

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