Gambling license USA

We summarize the most important online gambling laws pertaining to gambling operators and users of gaming services. Specifically within the countries where online gambling is legal to some degree or other.

If after reading this document you are still unsure of what to do, we assist you with a USA legal opinion for your casino, game or sportsbook.

Gambling license USA

Applying for an online gambling license is a complex and lengthy process, due to the fact it is a regulated industry. But don’t let this put you off. Not all licenses are created equally and there are options to suit every deadline, budget, and requirement. Most small businesses need a combination of licenses and permits from both federal and state agencies. The requirements — and fees — vary based on your business activities, location, and government rules.

The USA is a very lucrative market for online gambling companies. Although, there are many legal risks involved. Since 24% of all online gamblers in the world reside in North America, and the majority of gambling companies doing their hosting in Curacao (where we have our operations – to find out more Click here), we go into detail about the legal situation in this country.

The individual States in the USA have the power to make laws pertaining to their state only. But on the other hand, there are Federal Laws that are applicable to the whole country, while protecting State rights. This makes the online gambling legal situation in the country very complex.

We start by giving an overview of the main Federal laws that address the legality of online betting, wagering and gambling in the USA. We will then have a look at the situation in the individual States.

USA Federal gambling laws:

1. The Interstate Wire Act of 1961 (commonly referred to as the Federal Wire Act).
This law addresses only the issue of online sports betting and wagering. It does not address the legality of online gambling as such.

Here is paragraph (a) from that law:
“Whoever being engaged in the business of betting or wagering knowingly uses a wire communication facility for the transmission in interstate or foreign commerce of bets or wagers or information assisting in the placing of bets or wagers on any sporting event or contest, or for the transmission of a wire communication which entitles the recipient to receive money or credit as a result of bets or wagers, or for information assisting in the placing of bets or wagers, shall be fined under this title or imprisoned not more than two years, or both.”

Source: http://www.law.cornell.edu/uscode/text/18/1084

2. Illegal Gambling Business Act of 1970

The Illegal Gambling Business Act was enacted as part of the Organized Crime Control Act of 1970. This Act was designed to be a companion to other laws, such as the Federal Wire Act, in targeting a source of income for organized crime. Unlike the Federal Wire Act, the Illegal Gambling Business Act is designed to assist states in enforcing their laws with regard to interstate gambling activities and is dependent on a predicate state offense.

Here are some extracts from that law:

18 U.S.C. 1955 the Statute
Prohibition of illegal gambling businesses
(a) Whoever conducts, finances, manages, supervises, directs, or owns all or part of an illegal gambling business shall be fined under this title or imprisoned not more than five years, or both.

(b) As used in this section-
(1) “illegal gambling business” means a gambling business which-
(i) is a violation of the law of a State or political subdivision in which it is conducted;
(ii) involves five or more persons who conduct, finance, manage, supervise, direct, or own all or part of such business; and
(iii) has been or remains in substantially continuous operation for a period in excess of thirty days or has a gross revenue of $2,000 in any single day.

And:

(e) This section shall not apply to any bingo game, lottery, or similar game of chance conducted by an organization exempt from tax under paragraph (3) of subsection (c) of section 501 of the Internal Revenue Code of 1986, as amended, any private shareholder, member, or employee of such organization except as compensation for actual expenses incurred by him in the conduct of such activity.

3. Interstate Wagering Amendment of 1994

This Act relates mostly to lotteries:

“Whoever brings into the United States for the purpose of disposing of the same, or knowingly deposits with any express company or other common carrier for carriage, or carries in interstate or foreign commerce any paper, certificate, or instrument purporting to be or to represent a ticket, chance, share, or interest in or dependent upon the event of a lottery, gift enterprise, or similar scheme, offering prizes dependent in whole or in part upon lot or chance, or any advertisement of, or list of prizes drawn or awarded by means of, any such lottery, gift enterprise, or similar scheme; or, being engaged in the business of procuring for a person in 1 State such a ticket, chance, share, or interest in a lottery, gift, enterprise or similar scheme conducted by another State (unless that business is permitted under an agreement between the States in question or appropriate authorities of those States), knowingly transmits in interstate or foreign commerce information to be used for the purpose of procuring such a ticket, chance, share, or interest; or knowingly takes or receives any such paper, certificate, instrument, advertisement, or list so brought, deposited, or transported, shall be fined under this title or imprisoned not more than two years, or both.”

4. Unlawful Internet Gambling and Enforcement Act of 2006 (UIGEA)

The Act prohibits gambling businesses from knowingly accepting payments in connection with the participation of another person in a bet or wager that involves the use of the Internet and that is unlawful under any federal or state law (termed “restricted transactions” in the Act). The Act also requires Treasury and the Federal Reserve Board (in consultation with the U.S. Attorney General) to promulgate regulations requiring certain participants in payment systems that could be used for unlawful Internet gambling to have policies and procedures reasonably designed to identify and block or otherwise prevent or prohibit the processing of restricted transactions.

The Treasury and the Federal Reserve Board have issued a joint rule that designates five payment systems which are covered by the Act. These systems are:
(i) automated clearing house (ACH) systems,
(ii) card systems,
(iii) check collection systems,
(iv) money transmitting businesses, and
(v) wire transfer systems.

The Act starts with the following paragraphs:

“(a) Findings.- Congress finds the following:
(1) Internet gambling is primarily funded through personal use of payment system instruments, credit cards, and wire transfers.
(2) The National Gambling Impact Study Commission in 1999 recommended the passage of legislation to prohibit wire transfers to Internet gambling sites or the banks which represent such sites.
(3) Internet gambling is a growing cause of debt collection problems for insured depository institutions and the consumer credit industry.
(4) New mechanisms for enforcing gambling laws on the Internet are necessary because traditional law enforcement mechanisms are often inadequate for enforcing gambling prohibitions or regulations on the Internet, especially where such gambling crosses State or national borders.”

Notwithstanding section 5362 (2), a financial transaction provider, or any interactive computer service or telecommunications service, may be liable under this subchapter if such person has actual knowledge and control of bets and wagers, and-
(1) operates, manages, supervises, or directs an Internet website at which unlawful bets or wagers may be placed, received, or otherwise made, or at which unlawful bets or wagers are offered to be placed, received, or otherwise made; or
(2) owns or controls, or is owned or controlled by, any person who operates, manages, supervises, or directs an Internet website at which unlawful bets or wagers may be placed, received, or otherwise made, or at which unlawful bets or wagers are offered to be placed, received, or otherwise made.”

More information can be found at: http://en.wikipedia.org/wiki/Unlawful_Internet_Gambling_Enforcement_Act_of_2006

Because of these Federal gambling laws, online gambling companies are hosting their operations in off-shore countries that supply legal gambling licenses and also using off-shore money transfer services. But even doing so has its risks as can be seen from the recent arrests of the founders of companies like PokerStars, Full Tilt Poker, and Absolute Poker.

The United States judiciary system seems to target only the largest online gambling operators (many of them quoted on the Stock Exchanges), which leaves the market open for the smaller companies. Indeed, we see a spike in these smaller companies’ business turnover as gambling enthusiasts moved over to them after their main resources were cut off.

According to Department of Justice the companies allegedly tried to circumvent UIGEA rules with the help of others who acted as “payment processors” by helping to disguise gambling revenue as payments for non-existent goods such as jewelry or golf balls. A bank in Utah was charged as an accomplice.

State Laws:
The legality of online gambling varies across among each individual state. As of late, many states have taken significant strides in the online gambling industry. New Jersey has been at the forefront of legalizing online gambling. In fact online gambling has been legal for quite some time there. In total, the online casinos have generated a staggering 1.4 billion dollars in revenue. And since legalization, annual growth has skyrocketed.

In order toobtain an online gambling license within New Jersey, one will have to partner with a local land-based casino. If the commercial agreement is successful, financial disclosures as well as game testing will follow. As of mid 2020, Pennsylvania and West Virginia have both adopted the same process.

States Where Sports Betting is Legal:

Online Gambling License Usa Scam

States such as Illinois have renewed their Gambling Acts to allow for online sports betting. However, like many other states with similar laws, the new Illinois Gambling Act does not permit any other form of online casinos. Many states that have opted for legalizing online sports betting but have yet to even review the ban on online casino gambling. These are the following states that have legalized some form of sports betting:

Washington
Oregon
Montanan
Colorado
New Mexico
Arkansas
Mississippi
Tennessee
North Carolina
Delaware

States Where No Specific Legislation Exists:

The question of the legality of online gambling is a complex one. As it stands many States do not have explicit laws on this question. Even so, the following States have instituted specific laws that prohibit internet gambling. That which would make it illegal for their citizens to take part in online gambling activities:
Louisiana
Montana
Minnesota
South Dakota
North Dakota
Wisconsin

That does not mean that States not on the list allow online gambling – there may just not be a specific current law dealing with that issue.

Online Gambling License Usa Reviews

We are indebted to http://www.gambling-law-us.com for the following information on the different gambling laws of the individual States:

(Follow the links attached to each State to get the details of the specific legal situation)

For more information:
As gambling is regulated by state and territory, you can review the links under the “Gambling and Licencing” heading.

Get in touch:

FURTHER INFORMATION ON CURACAO GAMBLING LICENSES

We wrote an article on Curacao Gambling License which may be of interest to you should you be looking for alternative casino licensing information.

In previous articles we talked lots about social gambling, live dealer casinos and casino white labeling , but today we want to talk about a crucial component for any gambling business. We all know that lots of online gambling operators who work without a proper license and they get by pretty well.

Some companies even make a living through legalizing sketchy gamblers, saving them some time and maintenance expenses, and basically giving them a fast-track ticket to the business. Looks like an easy way to accumulate some quick profit, but there are more disadvantages of going underground than you might think – some countries are very serious when it comes to illegal gambling (even online), so your dreams of wealth could easily end up in a jail cell. There is no need to risk working in the shadows when you can make this legal and easy, with certain countries even offering very liberal gambling jurisdictions.

Rules on Getting a License

Getting an online gambling license has to be your priority as it’s a direct pass into the business. Nothing happens without a gaming license. You’ll need it to open bank and merchant accounts, work with electronic payment system providers and buy legal gaming content. Not to mention you’ll need a license for more effective marketing and increasing customer loyalty though the reputation of your casino. It’s actually easy to get a license if you play by the rules, so follow these steps before applying for a gaming license:

• Choose countries that meet your current needs and possibilities. Do research on gambling jurisdictions: their requirements, costs, taxation policy and application processing time. You can speed up research by consulting with a lawyer.
• Start preparing personal documents in advance. You’ll need a copy of your passport, proof of address, a criminal background check and a reference from your bank.
• Make sure your casino software meets jurisdiction requirements. Prepare a list that includes detailed descriptions of software functionality and games, agreements with software providers and a certificate of the RNG.
• Check if the online casino website contains information required by your gambling jurisdiction. Many gambling jurisdictions check for information on terms and conditions, responsible gambling, self-exclusion policy, withdrawal policy, etc.

Every country has different rules when it comes to gambling regulation. Gambling laws – much like all country laws in general – tend to vary from country to country. In many places, such as the UK, gambling is heavily regulated by both government and non-government organizations to ensure that people are safe from scams. Some countries are very strict on gambling laws, thus making operators turn to cheaper and less regulated jurisdictions. You should consider offshoring if you get caught in a situation where starting a gambling service in your home country is just too expensive and difficult. Getting an online gambling license abroad could be a lot easier and faster.

However, each offshore area has its own rules and laws, and the cost of the gambling license may vary from several thousand dollars to hundreds of thousands. Before making the final choice, you need to consider all nuances of gambling jurisdictions. Here is a list of popular locations for offshoring your online casino.

Read also: Online Gambling In Eastern Europe – Brief Guide To Legislation

Antigua and Barbuda

Setting up a gambling service in this island country can be very costly. The application fee is $15,000 and the annual gaming license cost for obtaining an interactive gambling license is $100,000. On average, the application process takes up to 2 months. You can get two types of licenses: one for interactive gaming companies including online casinos, and the second one is for interactive wagering companies. Before opening an online casino you have to reserve of no less than $100,000. This will act as a form of security for your website players. The annual monitoring system fee is $25,000 per license. Plus, similar to health warnings on cigarette packages, it is obligatory to place a website banner warning users about compulsive gambling and about contacting organizations that can help them to deal with their addiction.

Curacao

Curacao is the fastest and cheapest solution to open an online casino. Getting a gambling license takes just 6 weeks. You can apply for a master license covering all game types, software providers, and product operators, or you can get a sublicense to work under the auspices of the master license. The application fee is just about €2,000; the monthly license support fee is €1,500. If your gambling business is registered in another country, you can apply for a special Ezone permit to benefit from a low net corporate income tax rate of 2%, and a 0% tax rate on gross bets. Curacao is a good choice for businesses who want to open their online casino as soon as possible. They can get a fast Curacao online gambling license while waiting for the approval of their application in another gambling jurisdiction.

Online Gambling License Usa

Malta

An independent republic and a member of the European Union, Malta is a large and reputable gambling jurisdiction offering affordable rates. The gaming taxes in Malta can vary depending on the class of your license. In general, online casino-style games require a Class 1 license. In this case, the gaming taxes are €4,660 per month during the first six months, and then they rise to €7,000 per month. The minimum share capital required for a Class 1 license is €100,000. The license application process is quite long because you need to go through five stages including several compliance audits. You’ll need to provide your personal and financial information and business plan with a detailed review of marketing strategies and growth targets.

Montenegro

Montenegro has been offering gambling licenses for online casinos, sports betting, poker games, etc. since 2012. They have a special “all-in-one” service packet that includes all operational costs for opening and registering your business, getting a license and payment processing. The package fee is €25.000 for the first year and €15.000 for each successive year. Montenegro offers a fast and easy license application process. A new business can be registered just for two days, and there is practically no minimum capital requirement to form a limited liability company and get an online gambling license. Another advantage of the Montenegro jurisdiction is a low 9% corporate and personal tax rate.

Isle of Man

The Isle of Man is an independent self-governing island providing a stable environment for gambling businesses. The Gambling Supervision Commission offers 3 levels of a gambling license: Network Services license, full license and sub-license. The full gaming license is a single license for your gaming business – the application fee is £5,000, the annual fee is £35,000. The licensing process takes 10-12 weeks. In order to gain a gambling license, the business should be registered in the Isle of Man and all related casino servers must also be hosted in the Isle of Man. The island offers an attractive 0% corporation tax rate, but you will need to pay the gambling duty – 0.1- 1.5% depending on the gross profit.

Panama

If you are looking to open an online casino in Panama, you should know that the laws here allow operators to be exempt of all taxes – as long as the income comes from outside Panama, there are no taxes, including income tax, sales tax or VAT. Offshore companies are also not subject to foreign exchange control, but operators must monitor game payouts and make sure that records of all transactions are available for inspection by the Government. More than that, all operators must comply with international money laundering regulations. An online gambling license costs $40,000, and the additional annual fee costs $20,000. The license lasts for 7 years.

Gibraltar

Gibraltar has very good grounds for starting a gambling business. The cost of the license depends on the gambling type and the company structure – it may be between $30,000 and $70,000. The license is issued for 5 years with the annual extending cost around $2800. Seems like the gaming license is pretty expensive, but the main advantage of this jurisdiction is taxes. Gambling business tax is 1% from revenues. Moreover, tax can’t be higher than £425,000 and lower than £85,000 per year. This tax is very profitable and almost zero for huge companies with higher revenues.

What to Choose?

Getting an online gambling license can be tricky if you lack understanding on how certain jurisdictions work. It’s very important to prepare in advance and get your paperwork ready before applying. Don‘t forget that your software, finances and reputation will also be under the scope, so make sure everything is clear – it‘s better to get ready in advance than waste time gathering documents and choosing countries. Every country is different when it comes to gambling laws; that‘s why your goal is to choose a state that meets your specific needs. Choosing a country with liberal gambling laws might be beneficial, because you‘ll likely save time and money on processing and maintaining a license.