Are Casinos Illegal In Oklahoma
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- Are Casinos Illegal In Texas
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- Why Are Casinos Illegal
- Are Casinos Illegal In Oklahoma Right Now
Oklahoma gambling is the largest beneficiary of the lack of gambling in Texas. Dozens of Native American casinos are right on the Oklahoma-Texas state line. These Oklahoma casinos are the closest to Dallas and other major metropolitan areas. All casinos in Oklahoma must be located on Native American tribal lands. Oklahoma doesn’t have any commercial casinos, and this is explicitly outlawed in their criminal code. Defined in statue 21-982, commercial gaming includes anything from taking profits from a gambling place to conducting an illegal lottery. Jun 20, 2016 Gaming Law in Oklahoma Although some states have begun to relax their gambling statutes, permitting limited casinos and other gaming venues like card rooms, certain types of gaming and gambling remain illegal under state gaming statutes. Oklahoma has a huge legal land based casino industry featuring over 100 casinos. 1992 saw the first style of casino, which included electronic games and bingo. It was not until 2004 that the casinos were allowed to provide table games with live dealers. This was when the boom of casinos began. Slots kept spinning on the Jimmy Buffett’s Margaritaville Casino floor long after the ball dropped at midnight Tuesday, despite the governor’s belief that Class III gaming is now illegal.
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?
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.
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 is just 45 minutes of where I sit in my home office as I write this post. Just over the Texas border, with Oklahoma is the world’s largest casino, WinStar.
WinStar is probably the most well-known casino in Oklahoma, which is itself a newcomer to the American casino scene.
But it’s not a a gambling destination to overlook when you’re planning your next casino vacation.
The History of Gambling in Oklahoma
Gambling in Oklahoma has a recent history.
The Sooner State made horse racing legal in 1982. Compared to Nevada, Oklahoma was late to the gambling party. Nevada legalized gambling in 1949.
Oklahoma would wait another 10 years before making it legal to play bingo for money. If your grandma won money playing bingo before 1992 in OK, it was probably under the table.
In 2003, Oklahoma would legalize the lottery. This was in keeping with a nationwide trend of setting up state-run lotteries. People were driving across state lines to play the lottery.
Oklahoma saw this as a lost revenue opportunity and created their own lottery commission. Now, instead of their residents traveling to Texas to buy tickets, they could spend their lottery dollars in their home state.
Here’s a side note:
Casinos became legal the same year that lotteries became legal. 2004 was a big year for the Sooner State. There are quite a few requirements for casinos in Oklahoma. I will get into that shortly. All casinos in Oklahoma are required to be located and operated by native tribes.
Laws Surrounding Casinos in Oklahoma
Here are the basic gambling/ casino rules for the state of Oklahoma:
What Is the Legal Gambling Age in Oklahoma?
18-21. The age range depends on the casino. Make sure to check the age requirements before visiting any Oklahoma casino.
Can Anyone Open a Casino?
No. The state mandated that the casinos in Oklahoma must be located on native lands and run by native tribes. This mandate is spelled out that native tribes have an exclusivity agreement with the state and pay 4-10% tax for this agreement.
Native tribes were the primary operators of horse tracks and most of the state’s bingo halls. Once the state legalized casinos, the native tribe racetracks and bingo halls converted to casinos.
Pay close attention to this story as it unfolds. This could be a huge shift in native lands casinos in this country. Oklahoma Governor Stitt has filed a lawsuit to halt operation of native casinos in his state.
Is There Anything Else I Need to Know About Oklahoma Gambling Laws?
Yes, there are a few quirks to Oklahoma’s gambling laws.
The first quirky law every casino has in common – there are ante requirements for all casino games. The ante varies depending on the game. Blackjack tables have a 50-cent ante, and craps and roulette tables have a $1.00 ante. It’s weird, but it’s also part of playing table games in the state.
Best Three Casinos to Visit in Oklahoma
This is my list of my favorite casinos and casino resorts to visit in the Sooner State. They are in no particular order. Some of the casinos you’ve heard of and some of the casinos are off the beaten path.
WinStar – Thackerville, OK
Let’s get this one off the table. WinStar is Oklahoma’s, America’s, and the World’s largest casino. WInStar is owned and operated by the Chickasaw Nation.
This truly mega casino opened its doors as the WinStar Casino the same year that Oklahoma legalized gambling in casinos. 2004 was a game changer for the native tribe gambling establishments.
WinStar renamed itself as the WinStar Word Casino and Resort in 2013. This same year it beat out Foxwoods Casino, a native lands casino in CT, as the largest casino in the world.
WInStar boasts 370,00 square feet with a poker room made up of 55 tables, over 8,500 gaming machines, over 100 gambling tables, keno, and a high roller suite.
If you’re looking for entertainment options, WInStar is home to the Global Events Center, a concert venue that has over 3,500 seats. Famous acts make tour stops on a regular basis.
I was able to see one of my favorite TV actors, Jerry Seinfeld, do his standup act there in the summer of 2019.
If you’re a foodie like my husband and I, you’ll be looking for dining options. WinStar World Casino and Resort offers options for all tastes and budget options.
Oklahoma Casino News
Wanting a classic steak house experience?
Check.
Want a quick bite to soak up last night’s revelries before hitting the casino floor?
Check.
Your kid only eats spaghetti?
They’ve got Italian food too.
Don’t forget that WinStar also had its own PGA designed golf course. If you’re a fan of the Netflix hit documentary, Tiger King, it’s just a short drive to visit Joe Exotic’s former zoo.
WinStar is unique in its size and location. It’s just over an hour drive from the Dalls-Fort Worth Metroplex, one of the largest cities in America. This also makes traveling to the mega casino resort a breeze.
If you’re new to gambling in Oklahoma casinos, then WInStar World Casino and Resort is a great place to start.
Don’t get lost, though.
My son’s college roommate was there for a bachelor party and was lost for four hours. With a dead phone. And a little tipsy.
You’ve been warned.
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Choctaw Casino and Resort – Durant, OK
Are Casinos Illegal In Texas
Choctaw Casino and Resort in Durant, OK is the flagship location of the Choctaw Nation’s chain of casinos and resorts. The Durant location is located on 50 acres belonging to the Choctaw Nation.
As required by Oklahoma gaming laws, Choctaw properties are managed and owned by the tribal nation. The profits go to improvement projects for the native nation.
The Durant casino and resort has a 218,884 sq. Foot casino floor. You can play one of the over 4,800 gaming machines, place a bet (with an ante of course) at any of the over 80 table games. Choctaw Durant also offers a horse racing sportsbook.
There are a variety of dining and entertainment options. The resort features multiple pools with cabanas that can be reserved.
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Are you thinking of making it a family trip?
Why Are Casinos Illegal
The resort offers bowling, shopping, a movie theater, and an arcade.
The Choctaw Casino and Resort is a great option for families that are looking for a a family getaway with adult gambling and entertainment options.
Just like WinStar, Choctaw Durant is only a 1.5-hour drive from DFW airport.
Are Casinos Illegal In Oklahoma Right Now
Artesian Hotel Casino – Sulphur, OK
The high-end experience at Artesian Hotel Casino is a fantastic option for an adult-only weekend getaway. Located in Sulphur, OK, the casino and hotel is owned and operated by the Chickasaw Nation as per Oklahoma gaming laws.
The Artesian is much smaller than the other two casinos resorts on my list. The boutique hotel and casino opened April 2013. The casino floor is 15,000 square feet of gaming featuring high roller rooms, baccarat, blackjack, and poker.
Artesian Hotel Casino is an excellent romantic weekend getaway option. You can book a spa day, like my husband did for our 25th wedding anniversary, at their award-winning spa, the SOLE’SERNITY.
Their dining options are reminiscent of country club offerings with a flushed-out wine list. The three dining establishment offer everything from a gourmet eggs benedict to a house-aged rib eye. My personal favorite drink offering is the Tennessee Fir Mule at the Fountain Club.
The hotel rooms are splendid with décor. The rooms range in size and amenities. They remind me of a less loud version of the W Chicago.
Much like the other two casino resorts on this list, this hotel and casino is a short drive from DFW airport, clocking in at about 2 hours. For me, a spa and gambling getaway is worth the slightly longer drive.
Conclusion
I hope you have better grasp of the casino offering from Oklahoma’s diverse gaming industry. This is just the tip of the iceberg of what Oklahoma’s gambling landscape has to offer.
There are 60 casinos in Oklahoma. All of them are owned and managed by native tribes. The fact that the tribes redistribute the profits to improvements within their communities is a feel-good win for me as well.
I would love to hear your feedback and questions. Leave a comment below.