- Colorado Poker Rooms Playing Texas Hold'em online is fun but sometimes you want to experience the real thing along side other players. Here is where you can play Texas Hold'em in person in the.
- Colorado Online Poker Laws. Colorado is yet another state that has yet to take an official stance on US online poker, at least as far as specific laws go. There is nothing on the books that singles out online poker or anything similar, however internet-based gambling is assumed to illegal under the umbrella gambling laws already in place.
The purpose of this article is twofold. First, we attempt to summarize the current legal status of online poker in the United States. You may be surprised to learn that, despite a confusing legal landscape, it is generally accepted that playing online poker is currently legal in the U.S., at least at the federal level.
Last Updated July 8, 2019
While online poker relatively recently joined the list of gambling types in the state of Colorado, the game of poker and its assorted brethren have been residents of Colorado practically since Americans have. Cities like Black Hawk, Cripple Creek, and Central City support dozens of land-based casino gambling sites among them. The days of frontier gambling may be in the past, but online poker and online gambling are opening up new horizons for Colorado gamblers – horizons we’ll explore as we look at the law, the facts and the recent developments regarding legal online poker in the state of Colorado.
Online Poker in Colorado
As a state that hosts a fair amount of land based casinos and live poker, Colorado is a natural hub for online poker as well. The enthusiasm for the game is evident in the big turnouts and steadily growing games across Colorado’s poker rooms, and it’s certain that thousands more are playing poker online, perhaps in even bigger games.
Online poker players from Colorado should only use poker sites that are licensed and properly regulated. By sticking with legal poker sites, poker players have a better shot at secure, fair games and reliable banking that gives them quick access to their money. Our top regulated poker rooms for Colorado:
Poker Online Real Money
Are There Any Poker Sites Open to Colorado?
If you’re from Colorado and want to sign up at an online poker room for real-money play, you won’t have much trouble finding a suitable match. All of the major US-friendly online poker sites accept players from the state of Colorado. The picture isn’t quite so rosy for other states – such as neighbor Utah – but in the state of Colorado you won’t have a problem locating an online poker site that will let you sign up, deposit and play for real money. We strongly suggest narrowing your list of potential rooms to the legally regulated online poker rooms on our real money poker page.
Is Poker or Gambling Legal in Colorado?
Poker players from CO are naturally curious about how the state’s gambling laws could apply to the relatively new forum of peer-to-peer online poker. While we don’t claim expertise on the issue, we have assembled some useful resources to help you navigate the question of whether playing online poker is legal in Colorado.
Here a a few relevant aspects of Colorado code that could pertain to Internet poker:
It is a crime to engage in any gambling, which is defined as
“risking any money, credit, deposit, or other thing of value for gain contingent in whole or in part upon lot, chance, the operation of a gambling device, or the happening or outcome of an event, including a sporting event, over which the person taking a risk has no control” (Section 18-10-102(2))
With exceptions made for social gambling and authorized gambling.
The penalty for engaging in gambling as a player in Colorado: A fine. Gambling is a class 1 petty offense in Colorado (Section 18-10-103(1)). Far stricter penalties are assigned to those who are in the business of operating or promoting illegal gambling.
Colorado law makes it a crime if someone to
“knowingly transmits or receives gambling information by telephone, telegraph, radio, semaphore, or other means or knowingly installs or maintains equipment for the transmission” (Section 18-10-106(1))
Proving a crime was committeed is a key concern for Colorado law enforcement. Gambling devices like slot machines and roulette machines therefore garner a lot of attention from authorities, because they serve as hard proof of an illegal gambling operator’s intentions. We were unable to locate opinion or case law clarifying whether or not this could apply to someone playing Colorado online poker, but it appears to target operators and not players.
Players reviewing Colorado law are often confused by the crime of “professional gambling,” (Section 18-10-103(2)) which sounds as if it might apply to a full-time poker player. This charge is actually reserved for individuals who are operating of profiting from the operation of illegal gambling activity.
Colorado code instructs officials to “liberally” construe anti-gambling laws (Section 18-10-101(2)), which essentially means that the laws should be applied broadly assume ambiguous activity not directly described by code, but similar in nature to described actions, to be illegal.
The issue of online poker’s legality from a player perspective is a tricky one in every state, and Colorado is no exception. The state’s laws are broad, somewhat dated and exceedingly vague on important points. For this reason, we suggest that players review Colorado code for themselves to gain a stronger understanding of the law as it might apply to online poker. As is always the case, it is imperative to seek professional legal advice before you do anything that could involve criminal exposure.
Will Colorado Regulate Online Poker?
The state seems closer than many, but not as close as some, when it comes to this question. Back in May of 2012, CardPlayer reported that a draft bill seeking to regulate online poker had been written by the Colorado Gaming Association, but there have been no updates since that report.
Still, recent gambling expansion efforts in the state have been fairly successful, as casino resorts now dot the landscape in cities like Cripple Creek, Black Hawk, and Central City. With the CGA on board, it seems as if Colorado would quickly jump on board as other states roll out products – if they don’t end up taking the lead themselves.
Colorado Gambling Facts
Like many Western states, Colorado’s history with commercial gambling is intertwined with a mining boom, winding back well into the 19th century and littered with tales of fortunes won and lost, of games crooked and fair. Fast-forward a century or two, and gambling continues to play a major role in the state’s economy – a role greatly expanded in 1982 when the state authorized a lottery and again in 1990 when the state amended its constitution to permit casino resort gambling.
Colorado has more than its share of brick-and-mortar casinos. Five cities have gaming dens, including Black Hawk (15), Central City (6), and Cripple Creek (11). Black Hawk contains interesting venues like Wild Card Saloon, Golden Gulch, and Sasquatch Casino. Cripple Creek boasts land-based casinos like Bronco Billy’s, Century Casino, and the Colorado Grande. Central City features gaming venues like Johnny Z’s Casino, the Ameristar Casino Black Hawk, and the Grand Z Casino Hotel.
Regulated Gambling Options in Colorado
For a state that embraced regulated gambling a relatively short time ago, Colorado has no shortage of options for gamblers. There’s the state lottery, pari-mutuel wagering, tribal gambling choices and multiple casinos to choose from. Colorado casinos used to have restrictions that allowed patrons to make very small maximum wagers, but those restrictions have since been eased multiple times and wagering limits are now more in line with a typical casino experience for the majority of gamblers.
Does Colorado Offer any Regulated Online Gambling?
While there are regulated poker rooms accepting players from Colorado, the state of Colorado does not regulate any online gambling sites or offer any licenses for online poker sites in CO and so on. It does seem likely that Colorado will regulate some form of online gambling in the near future (most likely poker), but at the time of this article there are no online gambling sites licensed or regulated directly by the state of Colorado.
All Poker and Gambling Laws by State
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Colorado Gambling Resources
Colorado Division of Gaming . The central resource for all of the information you’ll ever need about gambling in Colorado. Access laws, regulations, forms and plenty of consumer information regarding casinos, financials and other details that make up the picture for gambling in Colorado.
Colorado Gaming Association . Trade group that represents the casino industry in Colorado. Said to be primary force behind the push for regulated online poker in the state.
Colorado.com. Tourist portal contains information (and special offers) for those seeking to visit one of the state’s casinos.
Colorado’s Place in Poker History
There aren’t a lot of famous female poker players today, but there were even less in the 1800s. One notable exception to that rule was Colorado’s own Alice Tubbs, aka “Poker Alice.” Alice was known not just for her skills at the table , but for favoring trips to New York fashion salons as a use for her winnings. Colorado has also served as the backdrop for a more modern poker drama over the legal definition of poker, with the state Supreme Court ultimately declining to hear arguments that poker is, in fact, a game of skill.
Sources & Citations For This Article on Colorado Online Poker
Important CO Notes
- Regulated offshore poker websites accept players from CO
- iGaming bills have been introduced in the state legislature
- Most likely one of the next few states to pass internet poker
- Commercial & tribal casinos, & racetrack wagering are legal
- Lottery, pari-mutuel betting, & charitable gaming also legal
“Reviewed by Chuck Humphrey – 50 year Gaming Law Practitioner”
Future Outlook of Online Poker in Colorado – Estimated date of legalization: 2019-2020
The following graph tracks our expected legislation of online poker in Colorado 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.
Recent Activity
Colorado residents do engage in online poker. Though the law enforcement authorities emphasize and disseminate information on the illegality and undesirability of the act, they have not taken any action against online poker players or online poker sites located outside of the USA. This situation is likely to continue.
There has been no serious move to initiate the legalization of online poker in the state. However, an article in CardPlayer.com[A] stated that the Colorado Gaming Association[B] had drafted a bill for legalizing online poker in the state in May 2012. But, since the association was busy with other gambling-related issues, nothing further was done. The association’s executive director Lois Rice said that bill would not be introduced in 2013. However, they would monitor the progress of federal attempts to legalize online poker and also the outcomes in the states that have legalized online poker. The bill is based on the one in New Jersey. The office of then House Speaker Frank McNulty said that the Colorado Gaming Association has not approached any of the legislators for introducing the bill. A Colorado constitutional provision allows players in legalized casino poker rooms in Colorado to wager up to $100 per bet. That provision would have to be considered in any constitutional amendment made to permit online poker.
Colorado is making some headway on their interest of regulating and licensing poker over the internet, although the Colorado Constitution would need to be amended first and foremost. Former Attorney General John Suthers mentioned that if passed it would be as intrastate poker.
Current Gambling Laws in Colorado
Gambling is covered under Article 10 of Title 18 (Criminal Code) of the Colorado Revised Statutes[C]. Under Section 18-10-101 titled “Legislative declaration – construction” the general assembly of Colorado recognizes the close relationship between professional gambling and other organized crime, and therefore, seeks to restrain all persons from seeking profit from gambling activities and to safeguard the public against the evils induced by common gambling houses. However, the objective is not to restrict participation by individuals in, “sport and social pastimes which are not for profit, do not affect the public, and do not breach the peace”.
Section 18-10-102[D] includes relevant definitions. “Gambling” means risking any money, credit, deposit, or other thing of value for gain contingent in whole or in part upon lot, chance, the operation of a gambling device, or the happening or outcome of an event, including a sporting event, over which the person taking a risk has no control, but does not include:
(a) Bona fide contests of skill, speed, strength, or endurance in which awards are made only to entrants or the owners of entries;
(b) Bona fide business transactions which are valid under the law of contracts;
(c) Other acts or transactions now or hereafter expressly authorized by law;
(d) Any game, wager, or transaction which is incidental to a bona fide social relationship, is participated in by natural persons only, and in which no person is participating, directly or indirectly, in professional gambling.
“Professional gambling” is defined as: (a) Aiding or inducing another to engage in gambling, with the intent to derive a profit therefrom; or (b) Participating in gambling and having, other than by virtue of skill or luck, a lesser chance of losing or a greater chance of winning than one or more of the other participants.
Section 18-10-103 of the Colorado Revised Statutes deals with gambling offenses. A person who engages in gambling commits a class 1 petty offense. A person who engages in professional gambling commits a class 1 misdemeanor. Repeating gambling offenses result in a class 5 felony.
The permitted forms of gambling are covered under different Titles of the Colorado Revised Statutes. Sweepstakes and contests are covered under Part 8 of Article 1 of Title 6. Title 12 covers bingo and raffles under Article 9, casino gaming under Article 47.1 and 47.2 and racing under Article 60. State Lottery is covered under Part 2 of Article 35 of Title 24.
Section 18-10-106 of the Colorado Revised Statutes is relevant for the prohibition of online poker. It states, “Whoever knowingly transmits or receives gambling information by telephone, telegraph, radio, semaphore, or other means or knowingly installs or maintains equipment for the transmission or receipt of gambling information commits a class 3 misdemeanor. If the offender is a repeating gambling offender, it is a class 6 felony.” Here the Internet is implicit under “other means”.
History of Gambling in Colorado
Best Online Poker Colorado
Land Based Poker in Colorado
Home poker becomes permissible in Colorado under the “social gambling exception[E]”. There are certain conditions that must be met. There has to exist a, “bona fide social relationship” between the players, which means that they must have an established social relationship based upon some common interest other than poker. The home gambling games cannot infringe into the area of “professional gambling”. The implication is that no one other than the players can profit from the game or activity in any manner. Stated simply, this means that there cannot be a rake for the home owner, even to cover costs.
Charity poker tournaments are illegal in Colorado. The activity includes the elements of gambling listed in the statutes and there is no exemption approved by the legislature.
Live poker gambling is permitted only in the licensed casinos or through the social exception clause. Any other form of poker, such as poker tournaments in business establishments and particularly bars, has to fall outside the purview of gambling in order to be legal. One of the following three elements must be absent: consideration, chance, and reward. Poker inherently has chance. Therefore either there must be no buy-in or no payout.
Gambling Laws in Colorado
The legalized form of gambling in Colorado are casino gaming, pari-mutuel wagering, charitable bingo, state lottery, sweepstakes and social gambling.
Title 12 (Professions and Occupations) Articles 47.1 and 47.2 of the Colorado Revised Statutes cover casino gaming. Article 47.1 is the Colorado Limited Gaming Act which covers 38 private casinos in the historic gold mining cities of Black Hawk, Central City and Cripple Creek. These casinos are licensed and regulated by the Colorado Gaming Commission[F], which functions under the Division of Gaming, Department of Revenue. Article 47.2 is the Tribal State Gaming Compact for the two casinos run by the Ute Tribe on their reservations in Towaoc and Ignacio. Colorado legalized state regulated private casinos in 1991. At that time the maximum allowed bet was only $5. From 2009 this limit was raised to $100 and more Las Vegas style casino games were introduced. The minimum age is 21.
Title 12 (Professions and Occupations) Article 60 of the Colorado Revised Statutes covers racing. Colorado currently offers live horse racing only at the racetrack facility at Arapahoe Park in Aurora. No live greyhound racing is currently offered in Colorado. The state laws allow wagering on simulcast horse and greyhound racing. Arapahoe Park offers simulcast wagering only during the live racing season. But seven off-track betting facilities offer wagering on simulcast horse and greyhound racing year round. The minimum legal age is 18. The Racing Commission under the Colorado Division of Racing Events[G] regulates Colorado pari-mutuel wagering.
The state lottery is covered under Part 2 of Article 35 (Department of Revenue) of Title 24 (Government – State) of the Colorado Revised Statutes. The Colorado Lottery[H], instituted in 1983 regulates the lottery activity. A number of draw and scratch games are offered including the national Powerball and Mega Millions. Colorado Lottery does not currently sell tickets online.
Charitable gambling is covered under Article 9 (Bingo and Raffles Law) of Title 12 (Professions and Occupations) of the Colorado Revised Statutes. This activity comes under the oversight of the Secretary of State[I]. Participating charitable organizations are required to obtain a license from the Colorado Secretary of State’s licensing center. Section 12-9-102 defines a charitable organization as, “any organization, not for pecuniary profit, that is operated for the relief of poverty, distress, or other condition of public concern within this state and that has been so engaged for five years prior to making application for a license under this article”. Section 12-9-107 contains the important rules about who can apply for licenses, how the games are to be conducted and how the collected funds are to be deployed.
Colorado Gambling Laws 2019
The laws governing sweepstakes fall under Title 6 (Consumer and Commercial Affairs), Article 1 (Colorado Consumer Protection Act), Part 8 (Sweepstakes and Contests). The objective of regulating sweepstakes, as stated under Section 6-1-801, was to ensure that consumers were given the complete and correct information regarding the contest. Any contest that offers prizes and is determined by skill or chance is covered along with sweepstakes, except forms of gambling otherwise covered. The most important condition is that the sponsor cannot ask for any fee or any other consideration as a condition of participating in the sweepstake. The complete terms and conditions have to be made available in the prescribed manner. If a special group has a greater chance of winning the sweepstake, then this must be made public along with the odds.
Author:Joseph Falchetti (twitter)
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