Sep 11, 2019  Kentucky Online Gambling & Poker Laws. Gambling is practically a state tradition in Kentucky, and poker has also played a big role in the history of the Bourbon State. Poker used to be the stuff of riverboats and underground clubs, but today’s Kentucky poker scene is more about live casinos and online poker. Online Poker Sites That Accept Kentucky Residents Poker players will find that, while there are no live card rooms, there are plenty of virtual tables operating around the clock. Those who wish to participate will find that, while some poker rooms have vanished and others are somewhat illegitimate, there are still various poker rooms that will provide you with a number of tables to play with.

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Home » US Poker Laws » State Laws » Kentucky Legal Poker Laws

Relevant state code: 528.010; 230.010 et seq.

As home of the Kentucky Derby, Kentucky holds a special place in the heart of many gamblers. While the state is undeniably proud of their signature sporting event and grateful for the revenue horse bettors generate, Kentucky has a more ambivalent attitude toward gambling in general. The state takes a fairly strict stance on unregulated gambling founded on a broad definition of gambling:

Section 528:010(3)
Gambling means staking or risking something of value upon the outcome of a contest, game, gaming scheme, or gaming device which is based upon an element of chance, in accord with an agreement or understanding that someone will receive something of value in the event of a certain outcome.

While the above definition suggests that any element of chance triggers a act of gambling, recent opinions from the Kentucky Attorney General conclude that Kentucky law actually employs the Dominant Factor Test to determine whether a game is one of chance or of skill. Any activity that meets the above definition and is not explicitly regulated or permitted by the state is illegal under Kentucky law.

What happens to those who run afoul of the law? It depends on your level of involvement. Kentucky goes out of its way not to punish individual gamblers (those who are mere players or participants). For players, the picture is pretty - you basically have zero criminal liability in Kentucky, which is a pretty rare state of affairs in the US. As presented in the law:

Section 528.010(7)
'Player' means a person who engages in any form of gambling solely as a contestant or bettor, without receiving or becoming entitled to receive any profit therefrom other than personal gambling winnings, and without otherwise rendering any material assistance to the establishment, conduct, or operation of the particular

However, if you're an operator - or anything even vaguely resembling an operator - the picture is quite nasty indeed. Kentucky has one of the broadest definitions of operator that you'll find anywhere in the US. Witness:

(1) 'Advancing gambling activity' -- A person 'advances gambling activity' when, acting other than as a player, he engages in conduct that materially aids any form of gambling activity. The conduct shall include, but is not limited to, conduct directed toward the establishment of the particular game, contest, scheme, device, or activity involved; toward the acquisition or maintenance of premises, paraphernalia, equipment, or apparatus therefor; toward the solicitation or inducement of persons to participate therein; toward the actual conduct of the playing phases thereof; toward the arrangement of any of its financial or recording phases or toward any other phase of its operation.

A number of misdemeanor and felony charges can be levelled at those involved in the operational side of illegal gambling activity. On top of those already substantial penalties, Kentucky also has criminal syndicate laws that can be triggered by illegal gambling violations.

What Forms of Gambling are Legal in Kentucky?

Most readers already know that pari-mutuel wagering (in licensed settings) on horse and dog racing is legal in Kentucky. Some may not be aware that you can legally bet on races online in Kentucky. The state also oversees a lottery.

The statutory exemption for individual players from criminal liability strongly suggests that social gambling - and therefore home poker games - are not an issue under Kentucky law. Remember, however, that someone profiting from the running of the game changes the picture completely - while the players might be in the clear, the operator would certainly 'advancing gambling activity.' In this way, Kentucky is similar to states such as California - if no rake or charge is taken, the game is likely legal.

Kentucky allows several forms of charitable gambling, overseen by the Department of Charitable Gaming. Bingo and raffles are allowed, as are limited versions of 'casino nights.'

Is Playing Poker For Money Legal in Kentucky?

It's a bit of a moot question from a player perspective, as Kentucky has chosen not to criminalize the act of participating in gambling as a player - meaning that playing poker for real money shouldn't ever land a mere participant in trouble with Kentucky authorities.

Operating an online poker room that takes a rake or some other sort of charge would certainly seem to be in violation of Kentucky law. There might be some legal wiggle room as a result of Kentucky's definition of gambling, which doesn't explicitly mention poker or provide a blanket prohibition against all betting and wagering, but the attitude of the current administration certainly seems to be that online poker operators accepting Kentucky action are in violation of the law.

Are Online Poker Rooms and Casinos Legal to Use in Kentucky?

There does not appear to be a specific part of Kentucky gambling law that deals with gambling over the Internet. As mentioned above, individual gamblers are more or less exempt from penalties in Kentucky, so there wouldn't seem to be any issue for players looking to access an online poker room or casino from the state.

As for operators of online poker rooms and casinos, Kentucky has taken various steps in the past - including lawsuits in 2008 and 2010 - in an attempt to interfere or restrict the ability of such businesses to accept wagers from Kentucky residents.

Kentucky Gambling Laws: Fun Facts
Minors can apparently gamble in kentucky - at least when accompanied by a parent at a duly licensed charitable bingo event.

Under Kentucky law (Section 372.010), those who lose money gambling can sue to recover losses. If the loser chooses not to sue within 6 months, then anyone can sue to recover those losses. This law formed the basis of the theory for Kentucky's second set of lawsuits against online poker rooms and casinos in 2010.

Kentucky & Online Gambling Headlines

In late 2011, Kentucky filed papers with the DOJ seeking to claim some of the frozen Full Tilt Poker assets.

Kentucky saw gambling expansion plans stall in February 2012; online gambling was not a significant part of those plans.

What are the Odds That Kentucky Will Offer Regulated Online Poker?

Better than some might think, but still short of excellent The main factor working in favor is the current existence of regulated online betting in the state; it's not beyond the scope of reason to suggest that Churchill Downs might be interested in expanding their online presence beyond horse racing and into poker or casino gaming should the law allow.

Otherwise, Kentucky does seem a bit of a poor bet to regulate online poker anytime soon. The state has no history of legislative interest in the issue and has a population of just under 5 million, a bit on the small side in terms of a potential player base for an online poker room. The recent failure of gambling expansion plans endorsed by the Governor suggests that any online gambling legislation would face a steep uphill climb.

We would put Kentucky squarely in the category of states that will almost certainly come along for the ride if another state blazes the trail. Left to their own, the state seems unlikely to pass legislation regulating online poker any time in the short term.

Gambling is practically a state tradition in Kentucky, and poker has also played a big role in the history of the Bourbon State. Poker used to be the stuff of riverboats and underground clubs, but today’s Kentucky poker scene is more about live casinos and online poker. Now that the Internet is practically everywhere in the state, poker can be – and is – everywhere too.

Thanks to the aggressive position taken by some in the government on the issue of gambling online in Kentucky, not all online poker rooms take players from the state of Kentucky. That isn’t the same as saying no poker rooms will accept Kentucky sign ups. There are still a multitude of online poker sites where Kentuckians can play for real money.

This leads to plenty of questions about how online poker works, whether you can play poker online from Kentucky and the general climate for gambling in the state – questions answered in our Online Poker Player’s Guide to Kentucky.

Latest Updates through 2019

Most analysts have considered Kentucky as one of the states least likely to consider online poker regulation in the past, but that all changed with developments in late 2018.

As Kentucky began to explore the possibility of legalizing sports betting in the state, the Poker Alliance took the opportunity to attend a hearingabout it and relay the message that online gambling would be a solid pairing with sports betting to add revenue to the state’s coffers.

In late November, Kentucky Attorney General Andy Beshear took that message to heart and proposed that lawmakers consider a new solutionto a longstanding problem with the funding of the state’s pension systems. He asked lawmakers to consider a new revenue stream that doesn’t raise taxes for Kentuckians. “The answer is simple,” he stated in his letter to lawmakers, “expanded gaming including casino, fantasy sports, and sports gaming, as well as preparing for the eventual legalization of online poker.” All eyes will be on the legislature in early 2019 to see if any online gambling proposals are put forward for consideration.

Weeks later, the Kentucky Court of Appeals handed down a ruling in a case between the Commonwealth of Kentucky and PokerStars that had been ongoing since 2008. Kentucky’s then-Governor Steve Beshear (Andy Beshear’s father) obtained legal permission to seize 141 online gambling domains at that time, including PokerStars, and the case continued as Kentucky demanded money from PokerStars for taking rake from losing players located in Kentucky from 2008 to 2011 when PokerStars left the US market. PokerStars appealed the case up to the Court of Appeals, and in December 2018, that court ruled in favor of PokerStars and reversed the original $870 million judgement of the Franklin Circuit Court. The state may appeal the case to the Kentucky Supreme Court in 2019, but as it stands, PokerStars can claim victory in the case.

In late November, Kentucky Attorney General Andy Beshear took that message to heart and proposed that lawmakers consider a new solution to a longstanding problem with the funding of the state’s pension systems. He asked lawmakers to consider a new revenue stream that doesn’t raise taxes for Kentuckians. “The answer is simple,” he stated in his letter to lawmakers, “expanded gaming including casino, fantasy sports, and sports gaming, as well as preparing for the eventual legalization of online poker.” All eyes will be on the legislature in early 2019 to see if any online gambling proposals are put forward for consideration.

As requested by AG Beshear in late 2018, lawmakers introduced a couple of bills to expand gambling in Kentucky. In early February, HB.190 was put forth to establish casinos in the state and expand gambling at horse tracks, and HB.175 proposed sports wagering, fantasy sports contests (DFS), and online poker. The latter was supported by 15 sponsors from both political parties.

Lead sponsor Kentucky Rep. Adam Koenig passed HB.175 through the House Licensing, Occupations, and Admin Regs Committee just weeks after its introduction, but it stalled there. The short legislative session ended after the last week of March, and with no further movement, the bill died. Similar legislation was pushed again in 2019, but the bill failed.

2020 Kentucky Sports Betting Bill?

Sports betting failed to make it through the Kentucky legislature, as well. However, it appears that support for legal sports betting is growing. Followers of Kentucky state politics expect to see a new KY sports betting bill at the start of 2020. If lawmakers respect the wishes of AG Beshear, sponsors of the legislation could add online poker to the bill.

Online Poker in Kentucky

Our top online poker rooms for KY are a result of a good deal of research that focuses on a few core things: Whether the room is licensed, how generous the room is with promotions and bonuses, how easy the games are and how good the software is. After surveying dozens of rooms, we used those criteria to narrow the list down to these top online poker sites for players from Kentucky:

Is Online Poker Legal in Kentucky?

What does the law say about playing online poker in Kentucky? The first step to answering that question: review the Kentucky statutes here. The next step is to consult a lawyer if you still have questions. For those who just want to gain a basic understanding of Kentucky gambling law, here are some parts of the code that all poker players should be familiar with.

What does Kentucky law consider to be gambling? Gambling is defined in Section 528.010 as

“staking or risking something of value upon the outcome of a contest, game, gaming scheme, or gaming device which is based upon an element of chance, in accord with an agreement or understanding that someone will receive something of value in the event of a certain outcome.”

There’s a phrase in Kentucky gambling law that could easily confuse at first glance – “profiting from gambling activity” (Section 528.010) You might think this could also apply to simply winning at a poker game, but it’s actually referring specifically to profiting from the operation of an illegal gambling activity (not just participation).

Kentucky is one of the few states that does not have an obvious criminal penalty for those who engage in illegal gambling exclusively as players.

With that said, Kentucky does have a number of steep penalties for those who “advance gambling activity,” a broad category of actions that encompasses all “conduct that materially aids any form of gambling activity” (Section 528.010).

While our cursory reading regarding poker law in Kentucky suggests that players do not face any criminal liability for playing real-money poker online, this guide should not be taken as a substitute for legal advice.

Kentucky Gambling Facts

By some accounts, Kentucky was home to Las Vegas before Vegas even existed. While a town of a different name – Newport – was the central attraction for gamblers, historians seem to agree that Kentucky was essentially the turn of the century equivalent to Las Vegas, complete with underworld crime figures, illicit profits and plenty of suspect activity. Colorful gangsters and their gambling hangouts are now the stuff of legend and nostalgia in Kentucky, but betting and wagering continues to play a vital role in the culture and economy of the state.

Poker In Kentucky

Regulated Gambling Options in Kentucky

Best Online Poker Sites For Kentucky

Within the state borders of Kentucky, you’re limited to the lottery, charitable gambling and – of course – pari-mutuel betting on horse races. After all, what fun would the Kentucky Derby be if everyone just watched the horses run? There are no commercial casinos in the state, but several site right on various borders in neighboring states such as Indiana and Ohio. While there has been some talk of bringing full-fledged commercial casinos (along with poker rooms) to Kentucky, repeated attempts to do so by the state legislature have failed, suggesting that the current lineup of regulated gambling options may well persist for years to come.

Online Poker Kentucky

Does Kentucky Offer any Regulated Online Gambling?

Residents of Kentucky are able to legally place online bets on horse races through approved operators. Otherwise, Kentucky has yet to take any legislative action that would allow it to issue online poker licenses or regulate online poker (or any other type of online gambling) within the state.

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All Poker and Gambling Laws by State

• It was an unexpected surprise to see Kentucky on the list of states considering online poker in 2019. Few could imagine that a state in the middle of America would be the fifth or sixth state to legalize online poker, but imagine no more. The bill is no longer alive

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• The Commonwealth of Kentucky took action this week on its sports betting legislation, which also bodes well for online poker and fantasy sports, both of which are included in the bill. As the bill has been alive for little more than two weeks, it has already garnered substantial bipartisan support

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• Will online poker play a part in resolving the ever-deepening pension crisis in the Commonwealth of Kentucky? It may be an unlikely solution, but it is a part of the latest proposal from the state’s attorney general, who strongly urged lawmakers to consider it. The sudden push to consider the

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Kentucky Gambling Resources

Online Poker Sites

Northern Kentucky Gambling Museum. Take a virtual trip on YouTube through this interesting and eclectic institution that houses artifacts from the state’s past as a gambling hub.
Kentucky Council on Problem Gambling. Scholarly material concerning the gambling industry in Kentucky, along with a full suite of literature and tools aimed at reducing problem gambling in the state.
Kentucky.com. Best source for local news and developments related to gambling and similar topics. Follow legislation and other issues shaping the future of the gambling industry in Kentucky.

Legal Online Poker Sites Kentucky

Sources & Citations For This Article on Kentucky Online Poker