Kentucky poker laws & legality of poker in ky

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March 1, 2023 · 2 minutes to read

As one of the few states to pass legislation specifically outlawing all online gambling, there should be no confusion about whether or not you can play legal poker online in Kentucky.

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In the state of Kentucky poker enthusiasts have very few places where they are able to sit down at a turn or limit game let alone a limit game. The majority of the population lives in the northern two-thirds of the state around Covington, Lexington, and Louisville but if you like to play cards these are some of the worst places to live. There is plenty of action available in the bluegrass region but it’s all in the casino poker rooms and it will cost you.

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Legal Status of Poker in Kentucky

State residents can still enjoy a round of poker in the comfort of their own homes providing that no money changes hands. Home games in Kentucky are technically allowed as long as no house takes rake or juice from the pots. But finding a game like that is harder and harder to find.

The state of Kentucky has taken a hard line against all forms of , making it one of the more difficult states to find legal poker games. While bars used to be a great place for a friendly game of draw, those days are over thanks to laws passed after . Now even social poker clubs, which have sprung up in other states, are verboten in Kentucky.

Even though federal wire act laws would presumably preclude any legitimate from operating within its borders, the state legislature passed HB 296, signed into law by Governor Ernie Fletcher in 2008, that made it illegal for anyone in Kentucky to play online poker. The law makes it a felony for any operator to offer any “game of chance” in the state or to allow any Kentucky resident to gamble on their site.

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Gambling in Kentucky

The only casinos legally permitted in the Bluegrass State are race tracks with five or more historical racing machines. These are basically slot machines that serve exactly the same purpose despite the legalese. The largest concentration of these facilities can be found around London and Somerset, in the far south-western corner of the state. Residents of this area at least have easy access to some table games – including poker – but the population center around Louisville, Lexington and Covington has no such luck.

The only other legal form of gambling is the state lottery, which was approved by voters in 2008. Bingo and raffles are also allowed by various charitable organizations but third-party commercial bingo operations are prohibited.

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Kentucky Poker Laws

The key section of anti-gambling legislation in Kentucky is found under Title XXV of the Criminal laws, Chapter 528, Gaming & Wagering. This includes information on licensing requirements for bingo and the penalties for violating Kentucky’s anti-gambling laws.

Of interest to poker players is Section 010 (7):

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“(a) A person is guilty of unlawful transaction with funds derived from unlawful activity when he knowingly uses, sells, or otherwise disposes of any proceeds which represent the proceeds of some form of unlawful activity, and the aggregate value of which is $500 or more.”

This statute seems to imply that poker pros like Justin Smith and Barry Greenstein, who have written publicly about cheating at the poker tables in Kentucky, could be in violation of the law. Then again, since the activities they described probably brought them funds in excess of $500, perhaps they should consult with a good lawyer.

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Section 020 (“Gaming; operation of unauthorized agency, machine or device”) is the real meat and potatoes of Kentucky’s anti-poker laws and contains several subsections that make it difficult to hold an authorized live poker game anywhere in the state:

(a) No person shall operate, or permit to be operated, any agency, machine, or device within this commonwealth for the playing of cards, dice, or games, whether such game is played against a person or device or is played with or without the use of money, checks, credit cards, or other similar obligations. (b) Any person who violates this section shall be fined not less than $500 nor more than $10,000 or imprisoned not less than ninety (90) days nor more than one (1) year, or both.

Basically, this says that no gaming devices or agencies are allowed in Kentucky unless they fall under the exemptions listed later in the section:

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Exemptions:

The following institutions are exempt:

  • Any church or other religious organization
  • Any benevolent or fraternal organization
  • Any nonprofit civic club
  • Any nonprofit social club
  • Any nonprofit organization conducting BINGO, provided, however, that no person or organization receives any monetary gain, benefit or profit from the conduct of such bingo game other than to the extent of any reasonable operating expenses, or for any charitable purpose
  • Any nonprofit organization conducting raffles
  • Any organization exempt from taxation under Section 501(c)(3) of the Internal Revenue Code of 1954, as amended, or any successor provision of the Internal Revenue Code
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Exemption (g) is perhaps what many people think applies to private home games and certainly that is the intention of the legislature. However, the language used – “no person or organization receives any monetary gain, benefit or profit from the conduct of such bingo game other than to the extent of any reasonable operating expenses” – indicates that no rake or fees can be charged to participants. In other words, it must be a true “freeroll,” which makes organizing a successful game rather difficult.

No rewards allowed.

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More bad news comes from another section of the laws regarding charities:

“(d) No person, organization or agent shall solicit or accept a charitable contribution in this state unless the person or organization is either:

  1. Exempt from federal income tax under section 501(c)(3), 501(c)(4), or 527 of the Internal Revenue Code of 1954, as amended, or any corresponding provisions of any subsequent federal internal revenue law; or
  2. Registered with the Attorney General’s Charitable Organization Division.”

This means that even if you want to run a charity poker tournament the organization must first obtain a permit from the Kentucky AG’s office so a game can be set up without compensation to the organizers. It’s a cumbersome process designed to stop people from running legitimate poker events.

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There is some positive language regarding the playing of cards “for mere amusement” but only in private residences and only if “no profits whatever are to accrue to any player or players or to any person.” Note the discrepancy between this statement and the wording of the bingo exemption.

There have been no reported attempts to pass any bills through the Kentucky legislature to regulate or legalize either brick-and-mortar poker rooms or online poker websites. Based on the current anti-gambling climate we doubt such legislation will be introduced in the near future.

Major Poker Destinations

There aren’t really any major poker destinations left in the state due to the draconian laws targeting card rooms and poker clubs. As mentioned above, the main concentration of historic machine racing machines (ie slots) is around Dallas, Marion and McCreary counties but that’s not really a road trip most poker players would plan.

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Historic route 66 runs through Kentucky but we can’t in good conscience recommend a pilgrimage along the Mother Road under these circumstances.

Live Poker Rooms in Kentucky

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Kentucky Poker Laws

Is Kentucky a safe state to play home games? Do I need a license to promote poker in KY? You’ll find answers to those questions below. If you have additional questions about Kentucky poker laws, please leave a comment below and we’ll do our best to answer it quickly. Of course, we recommend consulting with an attorney versed in Kentucky gambling law for any legal questions. Finally, be sure to sign up for your local bar association to stay informed on proposed poker law changes in KY.

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More on US Poker Laws

While we wait for poker’s official arrival in Kentucky, your best option is playing online. With so many sites available to Kentuckians, you can play day in and day out against some of the best players in the world. Check out our and get in the action today!

Kentucky Gambling Resources

Kentucky Poker Laws FAQs

  • Is poker legal in Kentucky?

    Private home games in Kentucky are technically allowed as long as no one makes a profit, including the host. Running a public poker game for profit is against the law and could result in felony charges.

  • Where can I play poker in Kentucky?

    Historically, you could head to one of Kentucky’s historic racing machine casinos to play poker. Because they were previously card rooms, though, they are no longer allowed to offer poker. Your best bet is playing online.

  • Can Kentucky residents play on international poker sites?

    Yes, several top poker sites accept registrations from Kentucky. We only recommend playing on highly reviewed, licensed sites.

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  • Are Pennsylvania online poker and NJ poker sites a good option?

    Unfortunately, Pennsylvania online poker sites aren’t connecting with New Jersey’s online network right now. When they do share player pools it greatly improves the quality of games and how frequently they start. Call or play online at today.

  • Has anyone gotten in trouble playing or hosting poker games in Kentucky?

    Justin Scott, who wrote a book about cheating at the BBRC in Louisville, was charged with a misdemeanor in 2009. Barry Greenstein’s name also came but there doesn’t appear to be any legal actions taken against him. Hosting a public poker game for profit is against the law and could result in felony charges. Playing or hosting small, private games could continue as usual.

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  • Can Card Rooms be Converted to Social Clubs to Continuously Offer Poker Games in Kentucky?

    Maybe. This would require applying for and obtaining a permit from the Department of Charitable Gaming. To qualify as a charitable organization, a poker room may apply to the Attorney General’s Charitable Organization Division for tax-exempt status. Even then, no one can make a profit off the poker game.

  • What is the penalty for breaking Kentucky gambling laws?

    Breaking Kentucky gambling laws can come with heavy fines and jail time. Those convicted of promoting gambling in Kentucky face $500-$10,000 in fines and/or 90 days to one year in jail.

  • Is the BBRC Louisville closed forever?

    Yes, the Bloodstone Casino and Card Room Empire, otherwise known as the BBRC, is permanently closed. The largest poker room in Kentucky shut its doors due to new gambling laws.

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