This is one of the widely respected and most sought after licenses on the internet when it comes to online casinos and igaming licenses. Now it should be noted that any casino that obtains an MGA license is a casino you can initially trust since they uphold the long list of demands and requirements set by the license holder.
The online casino regulator, the licensor is responsible to conduct regular checkups to ensure the operator is providing online gaming services in a responsible and fair manner. Besides this, online regulators have made the rules more thorough stressing the importance of responsible gaming. Online casinos are recognized by the kind of licenses they acquire. If a casino does not adhere to all the prerequisites required to qualify for a license, they will not receive it. A casino license is a sort of stamp of acceptance before an operator can be regarded as reputable.
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
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:
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.
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.
Online Casino License In Usa
Now that states have the right to decide whether to allow sports betting within their borders, the floodgates have opened: numerous states are passing bills so that this form of entertainment can start generating revenue within their borders. Because many consumers will want to engage in this kind of online gaming on their mobile devices, some forward-thinking jurisdictions have specifically included mobile sports betting in their new laws.
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Experts agree that New Jersey’s legislation is an optimum model to follow for other states seeking to permit and regulate mobile sports betting. Any business seeking to do business with a New Jersey casino by providing services directly related to the operation of a casino’s gaming activity or services ancillary to gaming activity is required to apply for a license.
Here is a general guide to how to obtain a legal mobile sports betting license in New Jersey – with additional notes on how the process may differ in other jurisdictions.
New Jersey Online Sports Betting License: A Multi-Pronged Approach
New Jersey requires that operators interested in becoming licensed as an online sports book pursue two parallel tracks.
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1. Enter a Commercial Agreement with a Land Based Casino
New Jersey regulations demand that in order to offer online sports betting, a company must have a commercial agreement with an existing land based casino. The policy is premised on the assumption that existing casinos already have been through the rigorous licensing requirements ensuring that their principals and enterprise have been thoroughly vetted and that their business processes are transparent and compliant. Although the license applicant must also go through similar review, a legal contract with an existing casino is seen as an extra layer of protection for the consumer.
All states allow entities which hold a license to offer slots to form partnerships with other entities or brands, known as skins. However, the rules governing partnerships aimed at other forms of betting like mobile sports betting are still being formulated. In New Jersey, the regulations specify that each brand may have up to three skins. (In Pennsylvania, only one skin per brand is permitted, thus dramatically limiting the options for newer, less well known brands to enter the market). Requiring an association with an existing organization gives the casinos and horse tracks strong leverage here: rumor has it that New Jersey casinos are looking for partners who will pay around $1 million up front in addition to guaranteeing up to $1 million per year in revenues.
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New Jersey allows businesses which are applying for a sports betting license to proceed with their applications while simultaneously negotiating with land based casinos; the state regulatory body will even accept provisional applications without a closed deal on an agreement.
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Because of the disproportionate power of casinos in negotiating deals with online sports books, license applicants are more likely to be successful when they engage a qualified attorney to help them navigate the contractual challenges of these commercial agreements. An experienced gaming attorney can also assist in due diligence, assessing the market conditions to determine whether the costs and time frame of an application will ultimately generate the desired level of profit.
For states like New York with tribal casinos, the ability to negotiate a viable agreement is further complicated by the extensive advantages given to operations on tribal lands: tribes may offer multiple skins, and they do not pay taxes on their revenue.
2. Get an Online Gaming License
To be considered for a sports betting license in New Jersey, you must first have a domestic entity. Even if your business is based outside of New Jersey, it must have a subsidiary, intermediary, or holding company inside the state. This entity must then be qualified through three separate phases of vetting.
Business Entry Disclosures
New Jersey requires that a business applying for an online gaming license conduct a lengthy process of disclosure detailing every aspect of their business enterprise. It must disclose all holdings, audits, debts and evidence of their company’s financial heath and legal status; it must further provide all such information as it pertains to any subsidiaries or holding companies relating to the business you are proposing to launch. This process is painstaking, especially for larger companies and conglomerates; one of our clients claimed it was unlike anything they had ever seen.
Personnel Listing Disclosures
New Jersey also requires that every officer and director of the company disclose all of their financial and other details including everywhere they have lived or worked, whether they have a criminal record, what Boards they serve on, and all assets and liabilities including child support. Additionally, these details must also be disclosed for their spouses, children and parents. Although this information is kept confidential by the Division of Gaming Enforcement, it can certainly seem like a lengthy and possibly invasive process. However, the government’s goal is to make sure that no operator of gaming activities has any vulnerability which could be exploited to the detriment of the consumer and the integrity of the game.
Game Testing
In addition to these exhaustive disclosures of personal and financial information, an online gaming license applicant must also provide the games it intends to offer. The state will then conduct testing on the games through a private lab. Again, this process is intended to protect the consumer by ensuring the integrity of the game.
Finally, in order to be considered for an initial online gaming license, businesses must pay a deposit of $100,000. If a business is approved for an online gaming license, that license will be good for five years.
A Thorough Process to Obtain a License Protects Consumers
This online gaming license application process is still new, and may seem onerous to businesses expecting a faster way to market. However, most stakeholders in New Jersey agree that the process there seems to be working.
By making fees high and procedures exhaustive, the state has prevented manipulation of the market and succeeded in protecting consumers from the pitfalls of less stringently regulated gaming. Advocates claim that online sports betting and online betting in general is actually safer for consumers and in general because of the electronic records of all transactions and the rigorous restrictions made regarding age and amount limits.
Research has demonstrated that in New Jersey – which features some of the strictest gaming regulation protocols in the world – online gaming has been a success from a revenue and a regulatory perspective. While New Jersey’s rigorous standards have created some business challenges at times, they have successfully addressed the valid concerns voiced by opponents and proven that legal intrastate gaming can be successfully operated and safely regulated.
With similar regulation of mobile sports betting in particular, New Jersey and other states may expect to experience comparable economic benefits while preserving basic protections for consumers and business operators.
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For companies seeking to enter this market, our clients have found that the intensive regulatory environment and this extensive reporting requirement can present challenges to opening a sports betting operation in New Jersey. For businesses seeking licensure, experienced counsel can facilitate the process in three main areas: (1) establishing a partnership with the relevant land-based casino; (2) navigating the state gaming licensing process; and (3) negotiating revenue share agreement with the land-based partner.