New York Online Sports Betting

Online sports betting is not yet legal in New York, but this looks to be changing in the near future. For now, only DFS can be legally bet on online. The legal gambling age for gambling in New York is 18 years old, including for DFS. To play charity gaming, there is no age limit. New York's four brick-and-mortar casinos didn’t reopen until Sept. 9, and its lack of online sports betting has left the state a handle far behind New Jersey's. AP Photo/John Locher New Jersey reported record sports wagering volume for a second consecutive month in September ($749 million, +12% MoM), with operators retaining $45.1 million.

• New York Online Camera
• New York Online Sports Betting Legislation
• New York Online Sports Betting Legislation

With New York facing a $15 billion budget shortfall from the coronavirus pandemic, online sports betting is viewed as one possible way to inject much-needed money into the state. New Jersey legalized online wagers in 2018, and earlier this month, Governor Andrew Cuomo included an online professional sports betting plan in his executive budget proposal that he claimed would raise $500 million in revenue for the state.

But many logistical hurdles remain. Cuomo’s proposal for legalization runs counter to what the Democratic supermajority in the state legislature is pitching. Some authorities are questioning the legality of the whole enterprise. And there are lingering concerns about gambling and addiction, particularly with the number of people sequestered at home and the opportunities that could be suddenly available to lose significant amounts of cash.

“I don’t see the governor’s proposal as workable in New York,” said Assemblyman Gary Pretlow, the chairman of the Committee on Racing and Wagering.

Right now, you can place horse racing bets on your smartphone through an app run by the not-for-profit corporation that oversees horse racing in New York’s three major tracks. Mobile betting for professional sports could theoretically function in a similar way. Currently, the servers for horse betting are located at the racetracks.

In both Cuomo and the legislature's proposals, the servers for mobile sports betting would be situated at places where bets are already taken, like casinos. The major overriding question is how many operators, or “skins,” as they are called in the industry, there will be, and who will get to profit.

Under Cuomo’s proposal, which still needs to be fleshed out further, the New York State Gaming Commission would be directed to solicit bids for a small number of mobile sports wagering operators. The system would be akin to how the state-run lottery functions, with possibly only one or a small number of operators overseeing sports betting. A single operator runs online sports betting in New Hampshire, Oregon, Rhode Island and the District of Columbia. Overall, sports betting is now legal in more than two dozen states.

Robert Mujica, Cuomo’s budget director, said earlier this month that the advantage of the state proposal would be the ability to maximize tax revenue. “The fundamental question is: if you want to support the bottom line for casinos or New York’s students. And the governor’s proposal chooses students,” Mujica told the Wall Street Journal. (An identical statement was sent to Gothamist from Freeman Klopott, a budget spokesman for Cuomo.)

It’s not clear yet what Cuomo’s tax rate would be for his online betting model, though Mujica has asserted that it would be enough to raise $500 million a year. The state legislative proposal, co-sponsored by Pretlow and the chairman of the State Senate’s Racing and Wagering Committee, Joseph Addabbo, puts the number closer to $100 million annually.

At first glance, that would seem to make Cuomo’s proposal the better one, given the potential for serious state budget cuts without new forms of revenue. But lawmakers and some gambling industry insiders aren’t so sure. In New Jersey, which is generally viewed as a success given the number of people who place bets, there are as many as 17 legal online sportsbooks.

New York’s legislature is looking to take a similar approach, believing their proposal has a better opportunity for growth—more operators can lead to more options for consumers and more interest in placing bets. Addabbo calls his legislation “inclusive,” because it would also allow for Native American casinos, casinos on state property, and off-track betting sites to participate.

“Competition bodes better for our residents and will drive up revenues than being a narrow state-run lottery kind of system,” Addabbo argued. “New York finds itself in a very odd position not being a leader. We are outside looking in. New York right now is a three-wheeled car limping along in the right lane. New Jersey and Pennsylvania are speeding by us.”

Bennett Liebman is a government lawyer in residence at Albany Law School who previously advised Cuomo as the deputy secretary for Gaming and Racing. He said the difference between the two models is a question of what is being prioritized: more tax revenue, or a better model, long-term, for consumers and gambling interests?

“It all depends on what you want in your market. If you want what the governor is seeking, which the draft is very general, you are looking for maximum tax revenue, you will give it to one or two groups and you are going to tax them at a very high rate,” Liebman said. “If you are looking to create a robust market to help out casinos and consumers, then you go with, or you are more inclined to go with, the legislative plan.”

Liebman called the Cuomo administration’s $500 million revenue figure for online sports betting “very, very high,” and predicted a few operators would dominate the space in New York, like DraftKings and FanDuel have done in New Jersey. Casinos, racetracks, and online gambling in total generated a little more than $300 million in tax revenue for New Jersey in 2020.

Even if New York reached Cuomo’s projections—let alone the far smaller figure from the state legislature—online sports betting would represent only a minuscule fraction of a state budget that was $177 billion last year. One question hanging over the debate is whether the united front fighting for mobile sports betting in New York—the currently existing casinos, and operators like DraftKings and FanDuel—would crumble if only a small number of them were selected to make money from sports betting.

According to a constitutional amendment passed in 2013, sports wagering in New York is currently allowed only in physical portions of its four existing commercial casinos and other facilities operated by Indian tribes. Cuomo and supporters of online sports betting believe their proposal will meet the requirements of the state constitution by locating the servers for the betting websites at the physical casinos.

Neil Murray, an Albany attorney who has sued to oppose gambling in the state, said there was a “legitimate, serious question” about the constitutionality of online sports betting.

“The problem right now is the constitutional amendment that was passed several years ago does carve out exceptions for gambling at casinos. The operative word is ‘at’ and what does that mean?”

Murray argued the way the amendment was proposed—an economic stimulus for destination casinos that would prevent the proliferation of gambling statewide—contradicts the arguments made for mobile sports betting today. “If you allow online gambling and people can gamble from their living rooms, then of course that destroys the whole purpose on which gambling was authorized on a limited basis to begin with,” he said. “Everybody is counting on collective amnesia.”

Pretlow, the state assemblyman, contended that his bill met the requirements of the state constitution but Cuomo’s would not if it chose to operate like the state lottery. The lottery is regarded as a game of pure chance with no skill involved, allowing it to circumvent a longtime prohibition on gambling in the state.

“The lottery has to be 100 percent chance. The lottery is not gambling,” Pretlow said. “It’s flip a coin, heads or tails, nothing in the middle. I think if the lottery were to handle sports betting, it would lead to a constitutional question.”

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All the major sports leagues (NBA, NHL, NFL, MLB, MLS, WNBA) are headquartered in New York City, along with many large financial and media companies. This combination would make New York a logical place to have the most innovative and exciting sports betting presence in the country. Instead, that honor, arguably, goes to New Jersey, where thousands of New Yorkers journey every weekend to legally bet on games using their smartphones.

State legislative leaders and Governor Andrew Cuomo believe that mobile sports betting could make New York the biggest sports betting market in the country, taking away market share from New Jersey and filling the state’s depleted coffers. With so many of the state’s 15.5 million residents of gambling age being passionate sports fans, it would be tough to bet against New York quickly becoming a leader in sports betting offerings and revenue.

Here you will findinformation on the current state of sports betting in New York along withdetails of possible expansion into mobile betting.

New York Sports Betting General Information

Retail, or land-based, sports betting has been offered on a limited basis in New York since July 2019 as part of the 2013 Upstate New York Gaming Economic Development Act, which authorized in-person legal sports betting at four upstate casinos if federal law were ever changed to allow it. Additionally, several tribal casinos offer retail sports betting. None of the facilities offer mobile betting, even onsite.

After the Supreme Court struck down the Professional and Amateur Sports Protection Act of 1992 (PASPA), the New York State Gaming Commission considered and approved sports betting at the four upstate casinos covered by the Act. Each casino was authorized to partner with a sports betting operator, and they began offering in-person sports betting in mid-2019 within weeks of regulatory approval.

Online Sports Betting in New York

Right now, you can’t bet on the Giants or Yankees on your phone in New York, hence the popularity of mobile betting just across the Hudson in New Jersey. However, Governor Cuomo wants those mobile bets and the revenue they bring to remain in the Empire State. The Governor’s office has estimated that about 20 percent of New Jersey’s sports betting revenue (more than $6 billion total in 2020) comes from New York residents. We aren’t talking about just a few bets here.

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2021 Developments

To keep those bets in New York, in early 2021 the Governor announced a statewide framework for mobile sports betting in the state’s budget proposal. This will kick off a potentially contentious negotiation with legislative leaders during the 2021 session. Cuomo and his advisors believe sports betting could raise up to $500 million in annual revenue if the state runs it similar to the existing state lottery. Cuomo’s openness to mobile sports betting is a marked shift in opinion toward liberalizing the activity, largely driven by the state’s yawning budget deficit as a result of the COVID-19 crisis.

Cuomo’s proposal instructs the Gaming Commission to select “one or more providers to offer mobile sports wagering in New York.” Qualifications for the potential provider(s) include a partnership with an existing licensed commercial casino. This means that DraftKings, Bet365, BetRivers, FOX Bet, William Hill, and FanDuel would potentially be eligible as a provider under the Governor’s proposal.

State-Run vs. Open Market

Governor Cuomo and his team seem confident that a state-run mobile betting option would bring the most revenue into the state—up to $500 million per year. Some in the state legislature dispute that figure and believe that revenue and jobs for the state would be maximized under an open, competitive mobile betting model.

Legislative leaders wantadditional facilities to be eligible for up to 14 mobile sports betting“skins,” including professional sports venues like Madison Square Garden,tribal casinos, off-track betting parlors, and racetracks/racinos like YonkersRaceway. It is clear that the political will exists to expand sports betting toinclude mobile offerings, but the legislative push to legalize mobile sportsbetting may get bogged down in the political machinery of picking winners andlosers.

The two politicians who have pushed the expansion to mobile sports betting are State Assemblyman J. Gary Pretlow and State Senator Joseph Addabbo. Senator Addabbo is the Chairman of the Senate Committee on Racing, Gaming, and Wagering. Assemblyman Pretlow chairs the House Committee on Racing and Wagering. They partnered to introduce legislation that would allow for up to 14 sports betting apps in the state while implementing an 8.5 percent tax of sports wagering gross revenue and a 12 percent tax on mobile wagers. Under their proposal, the state would regulate and tax but would not administer mobile betting. This is much different than the Governor’s budget proposal that includes a state-administered, lottery-style system.

The Road Ahead for NY Online Sports Betting

If you think all that potential tax revenue will motivate those in Albany to quickly come to an agreement to create an open, competitive market for mobile sports betting that would maximize revenue, don’t go downloading the FanDuel or DraftKings app just yet. Bills that amend the state constitution, as the Pretlow/Addabbo measure would do, must be passed by both the Assembly and Senate, signed by the Governor, and then voted into law by the public. Even if the stars aligned and open, competitive mobile betting legislation was passed by the legislature and signed by Governor Cuomo, the earliest New Yorkers could start betting from their couches would be 2022.

However, the state must pass a budget by April 1, 2021, which is the beginning of the 2022 Fiscal Year. Since Governor Cuomo included his state-run mobile betting proposal in his budget, he has significant leverage. The legislature will negotiate with the Governor over the finer points of the budget, but if his preferred mobile-betting option is not included in the final version, it is possible that the Governor could veto the entire budget.

This is where politics comes in. Addabbo and Pretlow introduced their version of mobile betting legislation not only because they believe that an open, competitive market would bring in the most revenue and create the most new jobs. They also want a negotiating position in order to balance the Governor’s leverage. If their legislation is not considered and passed through the legislature by April 1, and the Governor’s state-run mobile betting proposal remains in the budget, technically, Governor Cuomo would be able to proceed with state-administered mobile betting later this year. This would mean that bettors would only have between one and four options to choose from. Look for both sides to try to hammer out an agreement before April 1, 2021.

New York Online Camera

New York Online Sports Betting: ETA

The bottom line is that mobile betting has a good chance of coming to New York sometime in 2021 or 2022, and somewhere between 1 and 14 operators will be competing (or not competing) for new customers. Once approved, New York will instantly be one of the largest markets in the country. Clear as mud, right?

Mobile Partners

If mobile betting does come to New York, the operators with existing casino partnerships will have the inside track. This would include the following brands:

• BetMGM (MGM purchased Yonkers Raceway/Empire City Casino in 2019. The casino does not currently have a sportsbook.)

Complications for BetMGM

Not to get too in the weeds here, but BetMGM could potentially be left out of the competition for mobile betting in New York. The other five brands have established partnerships with land-based casinos that already offer retail sports betting. MGM bought Yonkers Raceway anticipating that they would be included in any future expansion to mobile sports betting, but state law requires wagers to be placed at a gambling facility located in the state. Current law and the state constitution has been interpreted to allow for any potential mobile bets to be accepted at existing casinos that use on-site computer servers to process all their wagers. This would not currently include MGM/Yonkers Raceway because MGM houses its servers in Nevada.

Other Potential Mobile Partners

New York Online Sports Betting Legislation

Sorry for all the hypotheticals, but that’s pretty much what we are working with in New York at this point. If we are really going to future-trip, let’s look at a few brands in neighboring states like Pennsylvania and New Jersey who aren’t aligned with New York casinos yet, but may look for a way in as online sports betting legislation progresses. They include:

• TwinSpires (BetAmerica)
• Barstool Sportsbook

These brands could end up partnering with OTBs and stadiums if the Addabbo/Pretlow legislative proposal becomes law. If up to 14 skins are authorized, the market will fill quickly. But that could be a long shot, as discussed previously, so we are only guessing right now whether these brands will ever enter the New York market.

NY Land-Based Sportsooks

All NY bettors are invited to check out any of the four upstate casinos that offer legal sports betting in the state. While they’re not exactly close to NYC, they are available for those willing to road trip it.

Del Lago Resort & Casino

• Location – Waterloo (between Syracuse and Rochester)
• Gaming Partner – DraftKings, Inc.

The DraftKings Sportsbook at Del Lago is one of the biggest in the state, with 1,000 square feet of LED video screens to enjoy every sport available on television. 23 betting kiosks and four betting windows are available to take your wagers, and they offer real-time live odds boards.

Resorts World Catskills

• Location – Monticello (90 miles Northwest of New York City)
• Gaming Partner – Bet365

The Sportsbook 360 at Resorts World is over 6,000 square feet in size with a center bar surrounded by 32 jumbo flat screen televisions. They offer socially distanced seating, so you can watch your favorite team at the bar after placing your bet at one of the 21 betting kiosks or the betting counter.

Rivers Casino

• Location – Schenectady (just west of Albany)
• Gaming Partner – BetRivers/Rush Street Interactive

Just outside of Albany, Rivers Casino was the first to offer sports betting after it became legal in 2019. Rivers Casino offers a large sports book with kiosks and betting windows. You can wager on any number of sporting events, from football to MMA, but like most sportsbooks, they only accept cash.

Tioga Downs Casino Resort

• Location – Nichols (west of Binghamton, close to PA border)
• Gaming Partner – FanDuel

The FanDuel Sportsbook is located in the Casino Resort and offers eight betting windows with seating for more than 50 customers. FanDuel’s top-rated platform offers bettors the most competitive lines and betting options around.

Tribal Casino Land-Based Books

New York also has three Indian tribes that own and operate casinos in the state. The tribes are not regulated by the state Gaming Commission and can offer sports betting under the federal 1988 Indian Gaming Regulatory Act, which allows sports betting for tribes if the state authorizes it for non-tribal entities. Because New York authorized sports betting for non-tribal casinos in the 2013 Gaming Economic Development Act, all tribes in the state are free to offer in-person sports betting at their casinos.

Oneida Indian Nation

• Turning Stone Casino, Verona
• Yellow Brick Road Casino, Chittenango
• Point Place Casino, Bridgeport
• Gaming Partner – William Hill/Caesars

Each Oneida Nation casino features The Lounge with Caesars Sports, an upscale, Caesars-branded sports book and lounge that has food, cocktails, and dozens of oversized LED screens showing all the sports you could ever want and some you may have never even heard of. Kiosks and a betting counter are available to take your wager(s).

Seneca Nation of Indians

• Seneca Niagara Casino, Niagara Falls
• Seneca Allegany Casino, Salamanca
• Seneca Buffalo Creek Casino, Buffalo

All three Seneca Nation casinos have a sports lounge with betting kiosks and counters open until Midnight. The casinos have many special events, including socially distanced viewing parties for Buffalo Bills playoff games and other sporting events

St. Regis Mohawks

• Akwesasne Mohawk Casino, Hogansburg
• Gaming Partner – FOXBet

The Mohawk Casino features Sticks Sports Book & Grill, which has a full bar, dozens of televisions, odds boards, and a large seating area. Kiosks and betting counters are available to place almost any type of wager, from a straight moneyline bet to a 12-team parlay.

Online Banking Options

Whenever mobile betting does make it to the Empire state, funding your account and withdrawing your winnings will be pretty straightforward. You will likely have access to several different payment methods, including:

• Visa/Mastercard – They are everywhere you want to be, including most sportsbooks. Only available for deposits, not withdrawals.
• eCheck (VIP Preferred) – VIP Preferred is a third-party online check processor and online wallet, and is a secure way to make payments or receive payouts from your online account.
• Play+ Card – Play+ is a prepaid card service offered by many online sportsbooks that works like a regular debit card at most merchants.
• PayPal – Come on, you know what PayPal is. Some online sportsbooks use PayPal the same way you use it to pay your buddies for greens fees and fantasy football dues.
• Skrill – Skrill started in the UK as a service similar to PayPal. It is becoming more popular among online sportsbooks in the US.
• PayNearMe – PayNearMe is a service offered at local merchants like 7-Eleven and CVS where you can make in-person deposits to your account.
• Cash at Cage – Head over to the cage at the casino partnered with your mobile sportsbook account and deposit with cash, or collect your winnings in-person.

Frequently Asked Questions

Is sports betting legal in New York?

Yes, sports betting is legal in New York at four upstate casinos and several Indian casinos. These casinos offer in-person betting only. Online/mobile sports betting may be coming to the state soon, but is not yet available.

Who can place a bet on sports in New York?

Bettors aged 21 and over who are physically located in a casino that offers sports betting can place a bet on the sport of their choice.

Since I can only bet in-person in New York, where can I go to place my bet?

You can bet on sports in-person at four upstate casinos and seven Indian casinos:

New York Online Sports Betting Legislation

• Del Lago Resort & Casino
• Resorts World Catskills
• Rivers Casino
• Tioga Downs Casino Resort
• Seneca Niagara Casino
• Seneca Allegany Casino
• Seneca Buffalo Creek Casino
• Akwesasne Mohawk Casino
• Turning Stone Casino
• Yellow Brick Road Casino
• Point Place Casino

When will NY mobile sports betting be available?

Our best guess right now is that online sports betting may be available in New York sometime in 2021 or 2022. This could include anywhere from just one to as many as fourteen different online sportsbooks.

How many online sportsbooks are coming to New York?

It depends on the Governor and legislative leaders. Under the Governor’s budget proposal, the state will administer mobile sports betting and will have between 1 and 4 licensed partners (DraftKings, FanDuel, etc.). Separate legislation has been introduced that would allow for up to 14 licensed partners in an open, competitive market.

Will New York mobile sportsbooks offer bonuses for new players?

If the mobile market is open and competitive, as proposed by state legislative leaders, there will likely be bonuses and enticements for new customers to join their service. If a state-run mobile option ends up emerging, the chance for a welcome bonus significantly diminishes because the operator(s) will have less incentive to entice new customers to join the service.

How will I be able to deposit online?

In order to set up an account, youwill need to share some personal information with the potential provider(s).This could include your SSN and other identifying information. Once you haveshared that information, you will be able to make a deposit and/or withdrawal usingone of the banking options described above.