Arkansas Gaming Laws
Arkansas has a curious combination of rather restrictive, but somewhat underdeveloped laws regarding gambling within the state. Many forms of gambling are outright banned, with certain key exceptions, but many gaming forms fall under umbrella laws without having been legislated against individually.
Casino Gaming Section Act 1151 of 2005 designated as Arkansas Code Ann. §23-113-101 thru §23-113-604, otherwise known as “Games of Skill” legislation, provided for expanded gaming in Arkansas at horse racing or greyhound racing franchises that satisfy qualifications established by this legislation. Arkansas has traditionally opposed most forms of gambling and seemed to have little appetite to change that until a November 2018 ballot measure was approved, allowing up to four casinos to offer gambling and sports betting.
From sea to shining sea, when it comes to gambling, there appears to be a universal truth: Americans are interested in it. Be it the old romantic images of the high roller, the southern gambler, or the old cowboy, the US just can’t seem to shake a fascination with gambling. While the reality of anything rarely matches the romantic fantasy, a regular gambling hobby, when enjoyed responsibly, can be both fun and potentially profitable. This page discusses the Arkansas gambling laws that effect the state's residents
While gambling is certainly not for everyone, there are many who would freely admit to potentially enjoying the hobby or even confess that they would give it a try if they did not believe that any form of gambling could land them in a jail cell. This page was written to help dispel these false notions and offer Arkansas residents an in depth guide of the laws surrounding gambling that govern them as well as offer several avenues by which Arkansas residents may gamble as safely and as legally as possible.
Federal laws which govern every citizen of the United States concerning gambling state that while the facilitation of unsanctioned gambling for profit is a serious crime, that the law takes no real umbrage with an otherwise honest citizen who merely wishes to place a bet or wager on a sports event of game of chance or skill. For the most part, Arkansas follows this template.
This means that the laws governing gambling in the Natural State are fairly easy to comprehend, but it’s always best to walk into a situation armed with as much knowledge as possible.
Legality of Gambling in Arkansas
The unique facet of Arkansas gambling laws are how specifically each act is broken down. Whereas most states opt to define betting or wagering in one section, Arkansas legislation has three, one devoted to games of chance, one devoted to sports betting, and a section for games of skill. Section 5-66-106 subdivision a of state law states that “It is unlawful for any person to bet any money or other valuable thing or any representative of any thing that is esteemed of value on any game prohibited by ß 5-66-104.” (The games mentioned in that section of the law include most all traditional games of chance found in a casino.) The legislative document goes on to point out that this is a violation, and offenders could be fined up to $100 and spend as many as 30 days in jail. Chapter 5-66-114 goes on to define the act of sports betting as well, and refer to the same passage above as basis for punishment.
A quick consultation of chapter 5-66-113 reveals a separate definition for betting on games of skill and outlining a separate punishment. This law states that “If a person bets any money or any valuable thing on any game of hazard or skill, upon conviction he or she is guilty of a violation and shall be fined in any sum not less than ten dollars ($10.00) nor more than twenty-five dollars ($25.00).”
If the punishments for these crimes seem light, that’s because they are. The only real way to get a grasp on how Arkansas punishes gamblers in to analyze the spirit and intent of the law. These laws were always intended to break up larger criminal syndicates, not to punish individuals for gambling. One this is understood, it’s clear to see that these laws have simply not been updated for a while, and are archaic remnant from old legislation rather than real attempts to snuff out gambling on a case by case basis. In fact, one would have to go back all the day before the days leading up to World War II to find a single case of anyone in Arkansas facing legal trouble for merely placing a bet or wager. These crimes are simply not prosecuted in Arkansas, most likely because the measly citations that remain attached as punishment are not a worthwhile expenditure of man hours for any law enforcement agencies.
However, this does not mean that all gambling acts in Arkansas are free for the taking. If one is found guilty of “keeping a gambling house” as defined in chapter 5-66-103 of Arkansas legislation, they not only face a very good chance of criminal prosecution, but they will find themselves staring down a class D felony charge. In addition to being a crime that will stick on a person’s record for the rest of their lives, they could face up to six years in prison and a fine of $10,000. Obviously, one should take great care to avoid this crime.
Difference Between Gambling & Keeping a Gambling House
Fortunately, the two acts are very distinct from each other. While the act of gambling involves placing a bet or wager on a game of skill, chance, or future event, in order for one to “keep a gambling house” they would have to maintain a property, or to be employed by a property in which one can go to place these sorts of bets.
To make the distinction clearer, say one wanted to play a game of roulette. When they go in to play the game, they should have some cash in hand. In order to bet on the game, they would have to give that money to someone to place a bet. That second party would be “keeping a gambling house.” This does not mean that any private home that hosts a poker game instantly turns into a gambling house, because there is one more important parameter that each “gambling house” must meet in order to qualify for the felony charge: they must be operating for a profit.
This does not mean the operators of the games have runs of good luck that result in their coming out ahead, this means that they may collect a profit without betting or wagering at all. Some popular means of doing this include but are not limited to: charging admission for the privilege to participate in any gambling event, playing any traditional casino game as the “house” which always has the best chance of winning in accordance with the nature of the game, collecting “rake” (a small percentage of each pot given to the house as profit) from a poker game, or operating a sportsbook in which the operator assumes responsibility for paying out winning bets and collecting from losing bets, most often taking a small cut from losing bets.
Just so long as a resident of Arkansas avoids these incredibly specific actions, they will avoid that felony charge from the state, or indeed, and legal attention from the state at all for violating Arkansas gambling laws.
Betting Laws In Arkansas
In 1992, the federal government passed the Professional and Amateur Sports Protection Act which banned all states except four from sanctioning the facilitation of any sports betting. Arkansas was not one of the four, therefore there are no land based facilities that may offer sports betting anywhere in the state. This would force an Arkansas resident seeking out a land based sportsbook to associate with a criminal element, which for various reason, not least of all the high likelihood that the sportsbook will eventually be busted and all the money would be seized. This is not a recommended course of action.
This is why many residents of Arkansas have turned to legal online sportsbooks for their sports betting needs. By betting on sports from the comfort of their own home with legitimate business via the internet, players may enjoy the convenience and excitement of betting on sports with none of the risk.
As of the publishing of this article, Arkansas has yet to sanction any casino games within their state borders. While their neighbor to the south in Mississippi is home to one of the biggest gambling towns in the nation, Biloxi rests all the way on the gulf coast, meaning it will most likely be and incredibly far drive for most Arkansas residents. Still, if one is determined to spend a weekend gambling at some high end casinos, they could certainly do a lot worse.
The sparse availability of casino gaming in Arkansas has pushed most residents with an interest in the activity towards legal online casinos for Arkansas residents who can offer all the same games delivered right into the comfort of their own homes played safely, legally, and most of all, close by!
Arkansas Gaming Laws
One may notice in the state legislation that “games of skill” (a phrase most commonly used in the context of gambling to describe poker) face much lighter punishments than any other form of gambling. This is no coincidence. Due to the massive popularity of the game of poker, Arkansas has allotted special exemptions for the game. However, despite the fact that the state has shown a willingness to sanction standalone poker rooms within the state, there is still only one which is attached to a race track in West Memphis.
The good news is, that despite there being only one poker room in the state, Arkansas gambling laws will do very little to break up any private games. This means Friday night beers with co-workers over cards are in play (just so long as no one collects a profit!) as well as private games played with Arkansas online poker rooms in the comfort of one’s own home.
Legal Gambling Age In Arkansas
The issue of gambling in the United States is already complicated enough without needlessly fanning the fire. However, this is exactly what will happen if any resident of Arkansas is caught gambling before they turn 21. Despite the lightly regulated status of betting and wagering, if anyone is caught doing so underage they could face steep penalties from the state including expensive fines and even some jail time.
This is not even taking into account whatever the facility a minor is caught gambling in will do – most likely, a long term ban will be issued and all funds the player would be otherwise entitled to including any winnings or money already turned into chips will be forfeit.
| General | Lottery | Casinos | Poker | Pari-Mutuel | Bingo |
|---|---|---|---|---|---|
| 18 | 18 | 18 | 18 | 18 | 18 |
Where to Gamble in Arkansas
On-Land: Unfortunately for gambler who live in Arkansas and crave a casino like environment in which to gamble, options are limited at best. With only two sanctioned gambling facilities in the entire state, there’s a good chance they involve a long drive for most Arkansas residents. Even then, these facilities only involve pari-mutuel betting and a solitary poker room. Most land based gambling in Arkansas will be going on in private residences. While the state does not provide a special exception for social games as some states do, as long as the host of the game does not collect a profit, the games should escape the notice of any law enforcement agencies.
Online/Web-Based: For residents of Arkansas who are upset about the availability of gambling facilities in their home state, they can at least take some solace in the fact that there are several legal online gambling sites for Arkansas residents.
One may be curious after reading about how so few gambling facilities are sanctioned in Arkansas how these websites are able to both function legally and avail themselves to those in the Natural State. The answer is simply one of location. All of these legal gambling networks are established and maintained in foreign countries, meaning they are well outside the jurisdiction of both Arkansas and even federal law. This means that these businesses may operate legally in their home countries, and since Arkansas residents need not worry about being prosecuted for the act of betting, they have a perfectly viable gambling avenue.
While the idea of gambling with a foreign business may be worrisome to some, there is no cause for alarm. In order for these gambling sites to function legally, they are held up to rigorous standards that include fair play for all of their members as well as speedy and efficient payouts.
Top Legal Gambling Site For Arkansas Residents
Bovada - Razorback Bettors Win Big At This Sportsbook!!!
We know what you’re thinking: How can I trust an Arkansas gambling website to keep my money secure of companies like Target and Wal-Mart get hacked all the time? Not to worry. One of the benefits of Bovada acting as a legitimate business is their access to some of the top technology out there, the perk to being Bovada is that only the best will do. Any financial data stored in this network is put under a vault even safer that retail giants like Amazon or eBay, and no company is more reliable when it comes time to divvy out the winnings.
In order to prove it, Bovada will even be kind enough to cover all the fees associated with paying out a user’s winnings as often as once a month. That’s right, a regular gambling hobby can churn out a regular paycheck of winnings for you – and no fees mean you get to keep more of your money! It’s care for their customers shown through service like these that make Bovada a preferable alternative even to the big casinos in Las Vegas.
Other suggested Arkansas Betting Sites
Legal Disclaimer - More Help
We here at ArkansasGamblingLaws.com are barely qualified to be writers let alone lawyers. While we are confident all the information on this page is accurate, it cannot be considered a legal consult. For more information on Arkansas gambling laws, please consult a legal professional or visit the searchable Arkansas state statutes by clicking on the preceeding link.
- Horse racing (1929), Greyhound Racing (1957), Racinos (2005), Lottery (2009)
- About $90 million per year
- $427 million including lottery, racing and casino games
- 18 for lottery and racing, 21 for casinos
- Arkansas’ smoking ban does not apply to gaming establishments
- Pari-mutuel racing is legal over the Internet in Arkansas
Arkansas gambling has a long history in this state. Most of it revolved around Hot Springs. Arkansas casinos sprang up in the city during the Great Depression. Nearly a dozen gaming establishments operated in Hot Springs at one time. It rivaled Las Vegas in terms of casino gaming in the 1930s.
The post-war era was not kind to Arkansas’ gambling industry, which operated in a gray area. A conservative movement put an end to the casino industry that operated somewhere near an underground level in its final days.
Arkansas casino gambling was revived in the 2000s. A state lottery was also created during this era. Greyhound racing was established in 1957, although horse racing in Arkansas dates back to 1929. The legality of pari-mutuel betting varied in the years between. The two tracks that operate dog tracks are home to the only two casinos in Arkansas. As of today, online casino gambling is not legal in the state of Arkansas.
November 2018 Update
During this year’s midterm elections, voters approved casino legalization in four counties – Garland, Crittenden, Jefferson, and Pope. Over 54% of voters approved the measure. This will see the Oaklawn horse track located in Hot Springs and the Southland dog track in the West Memphis area allowed to offer casino gaming.
The state will now be able to offer casino games, keeping revenues from leaving Arkansas as players visit neighboring areas to gamble.
Arkansas Casinos Map & Guide
- Oaklawn Park
- Southland Park
- 2
- 3
- 0
Types of Arkansas Online Gambling Allowed
The only form of online gambling specifically legal in Arkansas is pari-mutuel betting. Internet bets are permitted on greyhound and horse races at sites like TVG and TwinSpires. Daily fantasy sports sites assert that their business is legal in Arkansas. Some legal experts refute this opinion. Arkansas has not issued an opinion on the daily fantasy sports industry so companies that include DraftKings, FanDuel, CBS Sports, and Yahoo continue to accept action from the state.
Types of Arkansas Live Gambling
- Slots: Yes
- Blackjack: Yes
- Poker: Yes
- Craps/Roulette: Yes
- Horses: Yes
- Lottery: Yes
Greyhound racing is the oldest form of legalized gambling in Arkansas. The state’s two tracks were permitted to offer slots, video poker, and table games that require skill in 2005. Games of chance were legalized in 2012. This includes craps, roulette, and real money keno. Video versions of these games were already available on the racino floors of Oaklawn and Southland.
Poker rooms at the state’s two racinos offer electronic tables distributed by PokerTek. These are known as PokerPro machines. This means there is no dealer. The cards are dealt by a machine. This gives players more hands per hour and saves on tips. There are two casinos in Arkansas, Oaklawn and Southland offer simulcast betting on horses and greyhounds. They also offer regular casino games like blackjack, roulette, and many different slot machines.
The Arkansas Lottery was created in 2008. Interstate lotto tickets are sold, as well as standard scratch-offs that are similar to pull-tabs.
Arkansas Gambling Laws
There are four forms of legalized gambling in Arkansas. Greyhound racing originated in 1957. Pari-mutuel wagering has been legal since that year. The racetracks were granted permission to add casino games in 2005. This was approved because Arkansas tracks lost business to casinos in Tunica County, Mississippi. Memphis is an equal distance from the Arkansas casinos and Tunica.
Slots, video poker, video table games, electronic poker tables and table games that require skill were the first games added to the state’s list of legalized gambling. Craps and roulette were added as approved games in 2012.
Voters approved a state lottery in 2008. The first tickets were sold the following year. Scratch-off and lotto sales are permitted.
Charities may offer small-scale gambling to fund operations. This includes raffles and bingo.
The minimum gambling age in Arkansas for playing the lottery and greyhounds is 18 years. The Arkansas casinos and tracks at Oaklawn Park and Southland Park require players to be at least 21 years old.
List of Arkansas Casinos
Despite these Arkansas casinos being racinos, they still offer most of the games you would find at regular casinos. These games include blackjack, roulette, craps, slots, and even live poker. Below you can find the casino locations and websites, but if you want a more detailed route, you can use our Arkansas casinos map as a guide.
Arkansas Raffle Laws
| Casino | Size | Address | Website |
|---|---|---|---|
| Oaklawn Racing & Gaming | 1,000 Slot Machines | 2705 Central Avenue | www.oaklawn.com |
| Southland Park Gaming & Racing | 630 Slot Machines | 1550 Ingram Boulevard | www.southlandpark.com |
Arkansas Gambling History
Arkansas Gaming Laws
Arkansas was originally a state that looked the other way when it came to gambling. Arkansas casinos appeared in Hot Springs during the Prohibition era. Full-scale gaming operations that resembled establishments in Nevada were commonplace. The Baby Boom years put an end to this type of gambling in Arkansas. The last Arkansas casino in Hot Springs closed its doors in 1967.
The only form of legal Arkansas gambling after Hot Springs was shut down was greyhound racing until racinos were approved in 2005. Slots, video poker, and table games that require skill were first approved. This was expanded to games of luck in 2012. A state lottery was created through a statewide constitutional referendum in 2008.
Arkansas Casinos & Gambling FAQ
Is online gambling legal in Arkansas?
Off-track betting on greyhounds and horses is the only form of legal online betting.
Are daily fantasy sports contests legal in Arkansas?
Daily fantasy sports sites claim to fall under Arkansas’ skill gaming exemption. This point is debated among legal experts.
Arkansas is one of just 11 states where live greyhound racing is still legal. Two of the last 21 greyhound tracks in the country are located in Arkansas.
Yes, but the rooms at Oaklawn Park and Southland Park use electronic tables.
Yes. Voters approved it in 2008. The first tickets were sold in September 2009.
Full-scale casinos operate in Arkansas.
Oaklawn Park and Southland Park are the state’s two casinos.
Poker, slots, video poker, craps, roulette, blackjack, keno, Three Card Poker, Four Card Poker, baccarat and Ultimate Texas Hold’em are among the legal games in Arkansas.
The minimum gambling age for Arkansas casinos is 21 years, and for lottery and racing is 18 years.