Glossary: Are Online Casinos Legal In California
An online casino is a virtual platform where players can play various casino games such as slots, blackjack, and roulette using a computer or mobile device. The legality of online casinos varies from state to state in the United States, and one of the states that often comes into question is California. In this glossary entry, we will explore the laws and regulations surrounding online casinos in California.
Online Gambling in California
Gambling, both in-person and online, is regulated by the California Gambling Control Commission (CGCC) and the California Bureau of Gambling Control (CBGC). California has a long history of gambling, starting with the Gold Rush and the establishment of the first state lottery in 1984. However, the state has strict laws regarding gambling, including online gambling, and only allows certain forms of gambling to take place.
State Laws
In California, the only form of online gambling that is legal is horse racing. Other forms of online gambling, such as sports betting and online casinos, are explicitly prohibited by state laws. These laws were established in the early 2000s and have not been updated to include online gambling. Therefore, the laws surrounding online gambling are somewhat ambiguous and open to interpretation.
The main law that addresses online gambling in California is the California Penal Code Section 330, which states that any person who participates in any game of chance or skill, for money or other valuable consideration, is guilty of a misdemeanor. This law can be interpreted to include online gambling, as it does not specify whether it applies to in-person or online gambling.
Impact on Online Casinos
Due to the strict laws surrounding online gambling in California, there are no online casinos that operate solely within the state. However, players can still access international online casinos and play real money games. This is because the state of California does not have the legal authority to regulate these international casinos, and thus, they can offer their services to players in the state without any legal repercussions.
It is important to note that although players can access these international online casinos, it is still technically against the law according to the state laws of California. Therefore, it is crucial for players to exercise caution when playing on these sites and to understand the potential legal consequences.
Indian Casinos in California
In addition to the state laws, California also has a significant number of Indian casinos that operate within the state. These casinos are operated by Native American tribes and are not subject to state laws. Instead, they are regulated by the Indian Gaming Regulatory Act (IGRA) of 1988 and the National Indian Gaming Commission (NIGC).
The IGRA allows tribes to operate casinos on their land as a means of promoting economic development and self-sufficiency. These casinos offer a range of games, including slots, table games, and card games, and some also have online platforms for players to access. However, these online platforms are only accessible to players who are physically located on the tribal land.
State-Tribal Compacts
The state of California has signed compacts with over 70 tribes, allowing them to operate casinos on their land. These compacts outline the regulations and restrictions for these casinos and are subject to renegotiation every 20 years. These compacts also address the issue of online gambling, with some states allowing tribes to offer online casino games to players located within the state.
Impact on Online Casinos
Since these casinos are regulated by the NIGC, they are not subject to federal laws, which means they can offer online casino games to players in accordance with their state-tribal compact. However, these online platforms are still subject to strict regulations and can only be accessed by players located on tribal land.
Conclusion
In summary, online casinos are not technically legal in California, but the laws surrounding online gambling are not explicitly clear. Therefore, players can still access international online casinos, but it is important to understand the potential legal risks involved. Players can also access Indian casinos that offer online platforms, but these are subject to strict regulations and restrictions. As gambling laws and regulations continue to evolve, it is crucial to stay updated and informed about the legality of online casinos in California.
