Important AR Notes
- AR residents can play at poker rooms offshore legally
- iGaming in Arkansas is a longshot in the coming years
- There are no traditional poker rooms in the state
- Home poker games are illegal
- Electronic Texas Hold'em is available in Oaklawn
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Operating an online poker site is illegal in the state of Arkansas. The Natural State's strict approach to gambling in general means that there is no regulatory body – currently or in the pipeline – over a potential online gambling industry, nor has there ever been any mention of providing licenses to online poker operators. Despite its small population, offshore online poker sites report that Arkansans regularly open accounts and play at their sites which is legal to do so.
Future Outlook of Online Poker in Arkansas – Estimated date of legalization: 2021-2022
The following graph tracks our expected legislation of online poker in Arkansas on a state law level. It is currently already legal on a Federal level. This graph monitors the current rise or fall of expected legalization.
Arkansas Senator Will Bond has introduced Senate Bill 669 which could legalize...
The Oaklawn Racing Center Resort in Hot Springs and Southland Casino and Racing...
Recent Activity
The chances of online poker becoming a reality in Arkansas in the near future are very slim, considering the state's somewhat archaic views on gambling in general. With a population of just less than three million – with the majority living rural – the introduction of online poker in Arkansas probably won't come from public pressure, if at all. Arkansas' gambling industry is light years behind other states and it will take a long time before operators realize the potential there is to be had by offering online poker to residents.
If ever there was a chance for online poker to come to Arkansas, it would be in the form of an interstate compact to increase the player pools of other states. However, lack of public interest, strong anti-gambling legislation and no natural partners, make a poor case for potential online poker in the near future.
In addition, the state very recently amended its gambling laws to include the prohibition of wagering on electronic games of skill (read: poker) at licensed racetrack parks if players are not physically present at the track. Many take this to mean a ban on online poker since the player is not physically present at the online poker room. Section 23-113-201[A] of the law notes that: 'Wagers on electronic games of skill may be made only by individuals physically present at the location on the grounds of the franchise holder's authorized racetrack park site as set forth in subsection (a) of this section where electronic games of skill are located and being operated in accordance with this chapter.'
In 2012, the Arkansas Supreme Court affirmed a ruling against internet sweepstake cafes[B], that operators of sweepstake machine gambling businesses are subject to arrest and prosecution for the breaking of Arkansas gambling laws. The Supreme Court upheld an order by a lower county circuit court against Cancun Cyber Café and Business Center which operated, among other things, a ‘sweepstakes promotion'.
Having made a strong case for why we WON'T be seeing regulated online poker in Arkansas anytime soon, one thing should be remembered. Changes were made to the state's gambling laws in the mid 2000's to accommodate the expansion of electronic games of skill at racetracks. The decision was based on growing competition from neighboring states and the fear of losing business to neighboring tracks. This reason could ultimately be the trigger to amend the state's online gambling laws if track operators see that they are losing customers to other states who may enter the online gambling sphere in the future.
Online Poker Prosecution in Arkansas
According to Prof. John M. Norwood in his paper entitled Gambling in Arkansas in the Post Lottery Environment[C], there is very little chance of a person being prosecuted for playing online poker in their own home, although this changes when the gambling is taking place in a public sphere. He writes:
'No Arkansas statute or precedent specifically addresses the question of whether or not a person playing poker online while physically located in Arkansas would be in violation of Arkansas law. While it seems extremely unlikely that a prosecutor would bring charges against an individual for online gaming within the confines of his or her home, such activities would seem to be technically illegal under Arkansas law. If the gambler were using public property (such as a computer provide by a public employer) or even the property of another private party (such as a private employer), the likelihood of a criminal prosecution would of course be much greater.'
History of Gambling in Arkansas
Land Based Poker in Arkansas
Players searching for fast paced real money games of poker in Arkansas won't have much luck. The same rules that govern general gambling in the state are taken to apply to poker as well. Section 5-66-106, defining the term ‘betting' states that, 'it is unlawful for any person to bet any money or other valuable thing or any representative of any thing that is esteemed of value on any game prohibited by 5-66-104.'
No distinction is made on whether the gambling activity is a game of skill or not. The broad definition essentially covers everything – including poker.
Poker operators are also covered in a section of their own, under 5-66-104, and their crimes and punishment are detailed as well: 'Every person who shall set up, keep, or exhibit any gaming table or gambling device, commonly called A. B. C., E. O., roulette, rouge et noir, or any faro bank, or any other gaming table or gambling device, or bank of the like or similar kind, or of any other description although not herein named, be the name or denomination what it may, adapted, devised, or designed for the purpose of playing any game of chance, or at which any money or property may be won or lost, shall be deemed guilty of a misdemeanor and on conviction shall be fined in any sum not less than one hundred dollars ($100) and may be imprisoned any length of time not less than thirty (30) days nor more than one (1) year.'
The bottom line is that while there is no specific rule barring the game of poker, it is deemed illegal to bet on a game of cards (and that includes poker). The rules are spelled out in Section 5-66-112[D] entitled Card Games – Betting, where it is stated: 'a person bets any money or any valuable thing on any game of brag, bluff, poker, seven-up, three-up, twenty-one, vingt-et-un, thirteen cards, the odd trick, forty-five, whist, or at any other game of cards known by any name now known to the law or with any other or new name or without any name, upon conviction he or she is guilty of a violation and shall be fined in any sum not less than ten dollars ($10.00) nor more than twenty-five dollars ($25.00).'
So what ARE the options for live poker fans in Arkansas? Not much, unfortunately. In recent years, changes were made to gambling laws, allowing licensed racetracks to expand their games offerings to games of skill, as long as they were electronic in nature. That means that both Oaklawn Park and Southland Greyhound Park offer poker-type games played out on video monitors. Both properties hold regular daily poker tournaments – played on a flat screen – with Southland offering six tables of cash games which include limit hold 'em, no limit hold 'em, limit Omaha High and pot limit Omaha. Oaklawn opened the state's first electronic poker room which features Texas Hold 'em.
Straight Poker Games
Home poker games for real money or objects of value are illegal in Arkansas. There are several free poker leagues, such as the All in Poker League which holds special events across the state.
Gambling Laws in Arkansas
The laws dominating gambling in Arkansas are specified in the section Land Based Poker in Arkansas above. The state's laws cover practically every type of gambling and only allow pari-mutuel wagers on horse and dog races, limited charitable gaming options and the state licensed lottery. Amendments were made to gambling laws in 2009, where racetracks were allowed to introduce games of skill on an electronic monitor, alongside slots and video poker. These changes introduced electronic poker and blackjack to the gaming rooms at the tracks.
The legal age to bet on horses and dogs and to play the lottery in Arkansas is 18. At the age of 21, players can try out the video slots, blackjack and poker terminals at the state endorsed tracks.
While the definition of ‘casino' is broadly taken to mean live gambling action, the closest that players will come to enjoying a Vegas-style casino environment in Arkansas is at the state's two licensed racetracks, Oaklawn Park and Southland Park.
Located along the Interstate 40 and a short drive from Memphis, Southland Park was built in the late 1950s but was given a facelift in 2012. They completed another $37.4 million expansion project in late 2014 which added a 41,000-square-foot building, 150 seated restaurant and sports bar, and 500 new gaming machines which brings their total to 1,950 machines including slot and video games. They also offer blackjack, craps, roulette, Let it Ride, 3-Card Poker and is open 24 hours a day.
Oaklawn Park is situated in what was once considered the original Sin City, Hot Springs, and boasts a casino with around 650 machines. In accordance with Arkansas gambling laws, all the table games are electronic, with dealers who handle the chips.
Arkansas' two racinos, Southland Park and Oaklawn Park, brought in $3.53 billion in gross revenue in 2014. Both casinos paid-out 93% of their gross revenue, leaving $235 million in net winnings. On average, $3 million per month goes to state taxes. The casino industry in Arkansas is healthy and growing.
Racing in Arkansas comes under the regulation of the Arkansas State Racing Commission[E] whose mission is to, 'regulate thoroughbred and greyhound racing in the State of Arkansas, as provided in the enabling legislation; whereby, the best interest of the state an d its citizens are preserved and protected.'
Betting on racing is the primary gambling option for residents of Arkansas, and races take place at the two state endorsed tracks, Oaklawn Park and Southland Park.
Oaklawn Park offers live horse racing with a $2 entrance fee, although there is no fee for simulcasts of live horse and dog racing. A brand new service offered to racing fans is the launch of OaklawnAnywhere.com[F], offering Arkansas residents a way to watch and wager on races through their mobile devices, such as smart phones and tables. The service is a result of a partnership between Oaklawn and Churchill Downs subsidiary, TwinSpires.com.
Southland Park's dog racing tracks run five days a week and includes afternoon and evening racing. Visitors can view live greyhound racing and simulcast racing on tracks from around the rest of the United States. For a small entrance fees, viewers can sit indoors and enjoy a view of the track and benefit from race monitor tables. The track also offers self-service type betting machines in smoking and non smoking sections.
Arkansas was very late coming into the lottery game and only launched the Arkansas Scholarship Lottery[G] in recent years. Players need to be 18 years or older to play the lottery and all sales of tickets are for cash only through licensed lottery retailers. Tickets may be purchased by residents of any states as long as they are physically located in Arkansas when making the purchase. The lottery offers what it terms ‘online games', essentially terminal generated games such as Powerball, Mega Millions, Cash 3, Cash 4, etc. The games are dispensed by computer equipment. Instant game prizes need to be claimed within 90 days while terminal generated jackpots need to be collected within 180 days.
Charitable gambling is Arkansas is governed by the Charitable Bingo and Raffles Enabling Act[H], 2007. The law allows, 'the game of bingo or a raffle conducted by a licensed authorized organization shall not be a lottery prohibited by the Arkansas Constitution, Article 19, Section 14, if all net receipts over and above the actual cost of conducting the game of bingo or raffle are used only for charitable, religious, or philanthropic purposes.'
Essentially, nonprofit organizations are allowed to offer legal bingo games and raffles under the law that was passed after 10 years in the making. Proceeds of the games have to fund a licensed charity and the location where the game is being run has to have a special license from the State of Arkansas. Taxes need to be paid on the equipment involved, which are used in turn to regulate the state's bingo industry. There are currently hundreds of licensed bingo rooms in Arkansas.
Some of the key points in the law include:
- Each nonprofit organization may only offer two nights a week of bingo.
- Each nightly event may not run for longer than five hours of bingo play.
- Jackpot winnings are limited to no more than $500 on a single jackpot.
- A location may not award more than $7,500 on any given night.
Author:Joseph Falchetti (twitter)
(C) Copyright PokerWebsites.com, 2018
References and Citations
Whereas other states in America's Deep South are at least considering the virtues of online real money Internet poker, it looks like The Natural State's anti-iGaming stance is here to stay in AR. Although Arkansas does permit several types of real cash gambling and wagering, it can by no means be considered a poker gambling or casino haven. In fact, some would argue that Arkansas is one of the most conservative states when it comes to legal Internet poker websites and gambling related activities.
Yet, there are glimmers of hope. Arkansas is bordered by two states – Mississippi and Louisiana – that are seriously considering the virtues of online lawful poker websites with games like real money Texas Hold'em. Also, last year AR state officials authorized a form of online gambling and betting – shocking we know. But it still remains highly unlikely that Arkansas' powers-that-be will ever give iGaming any serious deliberation. The good news is that real cash poker gambling fans can still play at international Internet poker websites though!
Gambling inside The Natural State isn't as straightforward, but there are real money US poker sites that will take you as a player.
Casino Measure Rejected; Form Of Internet Gambling Authorized
Quick Jump
- 4 The Facts
Todd would go on to make amendments to the language, but unfortunately, Arkansas' Supreme Court ruled that the acquired signatures – which were gathered before the revision to the lawful poker amendment – were now outdated.
In other news, Arkansas rocked the real money gambling world in early 2014 by passing a piece of legislation legalizing Internet betting and gambling [3]. Senate Bill 329 granted permission to Arkansas' two racetracks – Oaklawn Racktrack and Southland Park – to allow AR residents to partake in real cash betting on horses or greyhounds via their smartphone or other Internet enabled device. Astonishingly, that Internet gambling bill received no resistance from either the House or Senate and was passed unanimously in both. That means real money online horse and dog betting is legal for 2021.
Could an online lottery be next? Going further, will Senate Bill 329 pave the way for legal online Internet poker in Arkansas in 2021 and beyond? Real money poker website fans really hope so, but only time will tell.
Can Players From Arkansas Play Online Poker?
Believe it or not, Arkansas' residents in The Natural State will have absolutely no problem finding an online poker website and real money Internet poker rooms to do their poker gambling. If you're wondering how that's possible, we don't blame you. The answer is simple: There are a vast number of legal poker websites located outside of Arkansas' borders that accept players from the US. And while they don't all permit players from every state to register a real cash poker account, all the poker websites on our homepage are more than welcoming to players from Arkansas looking for a game of Internet Texas Hold'em poker or any other betting game.
Is Online Poker Legal in Arkansas?
There are several facets of Arkansas' gambling statues that could pertain to online poker players playing on real cash Internet poker websites. However, the language of the gambling law as it stands in 2021 is noticeably vague, and can be interpreted one of several different ways. It's for this reason that we highly suggest you speak with a legal expert, conversant in gambling law if you want to be certain you're playing on a poker website in a legit way.
Overall, Arkansas takes a severe stance against real money wagering, outlawing it in nearly every capacity, including real cash poker games. Noteworthy aspects of the betting laws are listed below:
There is no definition of gambling or gaming in the statues. Yet, it can be inferred from several passages that all types of real money wagering are illegal. As stated by Section 5-66-106: It is unlawful for any person to bet any money or other valuable thing or any representative of any thing that is esteemed of value on any game prohibited by 5-66-104. Reinforcing this statement, Section 5-66-106(a) states that any game of chance and games where any money or property may be won are illegal.
Residents are not permitted to set up, keep, or exhibit any gaming table or gambling device Section 5-66-104. It is assumed that real money poker tables would fall under this category.
In 2021 the penalties for participating in a gambling game in AR like real money poker are relatively mild, at least in comparison to those inflicted on underground gambling operators. Participants are subject to a fine of between $50 and $100 (Section 5-66-106(b)), whereas poker gambling and casino game device owners could be charged with an unclassified misdemeanor and may be imprisoned any length of time not less than thirty (30) days nor more than one (1) year.
Poker Arkansas Straight Line
In 2009, Arkansas' gambling statues were amended to include electronic wagering. They state: Wagers on electronic games of skill may be made only by individuals physically present at the location on the ground of the franchise holder's authorized racetrack park site.
While there are no laws that deal directly with online Internet poker, the law seems to infer that poker website operators and Arkansas players partaking in it would be abusing the Internet gambling law.
Arkansas' gambling law can be interpreted such that even all social home games of real money poker in 2021 where no rake is charged would be illegal. That certainly doesn't bode well for the future of online casino gambling or real money poker betting websites. On a bright note, we are not aware of any arrests in AR prompted by someone playing Texas Hold'em poker or any other game at online poker websites.
Quick Jump
- 4 The Facts
Todd would go on to make amendments to the language, but unfortunately, Arkansas' Supreme Court ruled that the acquired signatures – which were gathered before the revision to the lawful poker amendment – were now outdated.
In other news, Arkansas rocked the real money gambling world in early 2014 by passing a piece of legislation legalizing Internet betting and gambling [3]. Senate Bill 329 granted permission to Arkansas' two racetracks – Oaklawn Racktrack and Southland Park – to allow AR residents to partake in real cash betting on horses or greyhounds via their smartphone or other Internet enabled device. Astonishingly, that Internet gambling bill received no resistance from either the House or Senate and was passed unanimously in both. That means real money online horse and dog betting is legal for 2021.
Could an online lottery be next? Going further, will Senate Bill 329 pave the way for legal online Internet poker in Arkansas in 2021 and beyond? Real money poker website fans really hope so, but only time will tell.
Can Players From Arkansas Play Online Poker?
Believe it or not, Arkansas' residents in The Natural State will have absolutely no problem finding an online poker website and real money Internet poker rooms to do their poker gambling. If you're wondering how that's possible, we don't blame you. The answer is simple: There are a vast number of legal poker websites located outside of Arkansas' borders that accept players from the US. And while they don't all permit players from every state to register a real cash poker account, all the poker websites on our homepage are more than welcoming to players from Arkansas looking for a game of Internet Texas Hold'em poker or any other betting game.
Is Online Poker Legal in Arkansas?
There are several facets of Arkansas' gambling statues that could pertain to online poker players playing on real cash Internet poker websites. However, the language of the gambling law as it stands in 2021 is noticeably vague, and can be interpreted one of several different ways. It's for this reason that we highly suggest you speak with a legal expert, conversant in gambling law if you want to be certain you're playing on a poker website in a legit way.
Overall, Arkansas takes a severe stance against real money wagering, outlawing it in nearly every capacity, including real cash poker games. Noteworthy aspects of the betting laws are listed below:
There is no definition of gambling or gaming in the statues. Yet, it can be inferred from several passages that all types of real money wagering are illegal. As stated by Section 5-66-106: It is unlawful for any person to bet any money or other valuable thing or any representative of any thing that is esteemed of value on any game prohibited by 5-66-104. Reinforcing this statement, Section 5-66-106(a) states that any game of chance and games where any money or property may be won are illegal.
Residents are not permitted to set up, keep, or exhibit any gaming table or gambling device Section 5-66-104. It is assumed that real money poker tables would fall under this category.
In 2021 the penalties for participating in a gambling game in AR like real money poker are relatively mild, at least in comparison to those inflicted on underground gambling operators. Participants are subject to a fine of between $50 and $100 (Section 5-66-106(b)), whereas poker gambling and casino game device owners could be charged with an unclassified misdemeanor and may be imprisoned any length of time not less than thirty (30) days nor more than one (1) year.
Poker Arkansas Straight Line
In 2009, Arkansas' gambling statues were amended to include electronic wagering. They state: Wagers on electronic games of skill may be made only by individuals physically present at the location on the ground of the franchise holder's authorized racetrack park site.
While there are no laws that deal directly with online Internet poker, the law seems to infer that poker website operators and Arkansas players partaking in it would be abusing the Internet gambling law.
Arkansas' gambling law can be interpreted such that even all social home games of real money poker in 2021 where no rake is charged would be illegal. That certainly doesn't bode well for the future of online casino gambling or real money poker betting websites. On a bright note, we are not aware of any arrests in AR prompted by someone playing Texas Hold'em poker or any other game at online poker websites.
If you wish to learn more, feel free to review Arkansas' state code [4].
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The Facts
The History Of Gambling In Arkansas
Although it might seem hard to believe, Arkansas was once the gambling Mecca of the South. After the Civil War restored peace to the Union, the city of Hot Springs [5], located in Garland County, AR, became well-known for its poker betting and gambling venues. All of this took place amid a local (and hostile) family dispute that would ultimately result in the death of several law enforcement agents.
Table games, real cash poker, horseracing and other forms of gambling thrived in Hot Springs throughout the early 20th century and beyond, with many of the areas facilities overseen by the area's growing mob influence. It wouldn't be until the late 1960s that the new Republican regime put a halt to illicit gambling, burning all casino and real money poker equipment in the process.
AR State's first horse racing facility, Oaklawn Park [6], was constructed in 1904. It would remain the only major racing facility in the state until Southland Greyhound Park opened its doors in 1956. Despite a plethora of casino and poker betting room openings in nearby states throughout the 1980s and 1990s, Arkansas would remain steadfast in its anti-gambling convictions. In fact, it wasn't until 2008 that a second form of real cash gambling would be legalized in the state, and it wasn't in the form of casinos or legal poker websites.
That year, charitable bingo and raffles were deemed legal. In addition, the implementation of a statewide lottery was approved by Arkansas voters in 2008, and in 2009 the Arkansas Scholarship Lottery Act permitted a committee to oversee and regulate the Lottery of Arkansas. The state would join forces with other states by the end of 2009, resulting in the first real cash lottery tickets being sold for Powerball, and eventually Mega-Millions, within its confines.
Regulated Gambling Options in Arkansas
Right now, there are but a few regulated offline and Internet gambling options in the Natural State. Players can participate in various lotteries, charitable bingo and raffles (but not casino nights), and wager money on horse and dog race betting. Currently in 2021, there are no commercial or tribal casinos with real money poker rooms located within the state of AR.
Interestingly enough, Arkansas' two racing facilities are authorized to house electronic games, but only if the games necessitate the use of skill. As a result, electronic real cash poker tables can be found at the Oaklawn race track.
What are the chances of poker players in Arkansas finding a real-money online game in a state that is so against gaming?
The Future Of Regulated Online Gambling In Arkansas
It almost goes without saying that because Arkansas has yet to legalize land-based casinos and poker betting, it has little interest in creating legal Internet poker websites for 2021. Compounding matters, since rejecting Nancy Todd's casino and real money poker proposal in 2012, no further attempts to regulate commercial casinos or lawful poker rooms have been made. And although the state's lottery and horseracing facilities implement computerized real cash gambling technology, Arkansas' officials have been historically against online Internet poker games like Texas Hold'em and all other poker gambling variants.
While an Arkansas-based intrastate Internet poker and gambling iGaming operation will likely never see the light of day, there is a remote possibility that Arkansas' legislatures will one day turn to online real money poker websites and casino gambling to bolster AR's struggling economy but that's unlikely to happen during 2021. Without an intrastate pact, we can't see Arkansas passing an iGaming bill for legit poker websites any time soon.
Fun Fact
One of the Godfather's of the modern poker era, Amarillo Slim, was born in Johnson, Arkansas. Born Thomas Austin Preston, Jr. in 1928, Slim would go onto win the third ever WSOP Main Event in 1974. He would win four WSOP bracelets betting on real money poker in total.
In a battle of old vs. new, real cash poker pro Slim would finish second to the then relatively unknown Phil Ivey in the 2000 WSOP $2,500 PLO event.
The Bottom Line
Arkansas is so opposed to online gambling and real money Internet poker that it would likely be one of a handful of states to opt out of a Federal iGaming bill relating to real cash poker websites. Even if the stars aligned and it did enter the online poker landscape and offer residents a choice of legal poker websites where they could enjoy betting real money on poker games like Texas Hold'em AR's less than three million inhabitants could hardly sustain a healthy legit Internet poker populace.
Although we could see several land-based casinos and real cash poker rooms pop up within Arkansas' borders over the next ten years, an iGaming real money Internet poker bill making real money poker betting websites legal just doesn't seem to be in the cards – not right now at least.
References
[1] ↑Queen of Diamonds – the official blog of Nancy Todd
[2] ↑Arkansas Supreme Court Rejects Nancy Todd's Casino Measure
[3] ↑Cook: GOP-Controlled State Legislature Authorized Internet Gambling
[4] ↑Arkansas State Code
[5] ↑City of Hot Springs Arkansas
[6] ↑Oaklawn Racing & Gaming
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