Minnesota Gambling Rules
Gambling criminal enforcement and investigation — AGED is the primary state law enforcement agency to investigate crimes and violations relating to legal and unlawful forms of gambling. AGED special agents use surveillance, game audits, counterfeit and forgery detection to identify violations of state gambling laws. Charitable Gambling in Minnesota Charitable gambling has been legal in Minnesota since 1945. This information brief describes the legislative history, rules and regulations, and the outlook for charitable gambling. This information brief is only a summary of the law and rules governing charitable gambling. This information brief has four parts. Minnesota law states that only nonprofits registered with A charitable, religious, veterans or other nonprofit organization may be licensed to conduct charitable gambling if it has at least 15 active members and has been in existence for at least three years.
Is Betting & Online Poker Legal In The State Of Minnesota?
Minnesota has a history of gambling going all the way back to their indigenous tribes, though things have only really got moving in the last 60 years. What stands out here is the huge scope and size of the charity gambling area – and the progressive expansion of tribal gaming activities. Horse-racing has also been a popular entertainment industry in this State. This article covers the Minnesota Gambling laws in detail.
First up below you can read a quick-fire historical account of the development of gambling in this State, including the constant tussles with the tribes. After that I have gone through the different games one-by-one, outlining the status of each. More detail can be found below that, with some key excerpts from the statutes and a timeline of legal events. Finally I have brought it all together in a quick summary, and added my own thoughts on what might be next for Minnesota.
- Rules; Gambling Control Board. Minnesota Office of the Revisor of Statutes, 700 State Office Building, 100 Rev. Martin Luther King Jr.
- What laws cover online gambling in Minnesota? All of the issues dealing with playing games of chances for money in a land-based setting are explained in the Minnesota code. Although none of the Minnesota regulations refer to online gambling directly, you need to keep in mind that it may be argued that some of the rules do indeed extend to.
Minnesota Gambling Laws – A Brief History
Charity bingo and raffle type games were legalized back in 1945 here, and now make up a billion-dollar industry in their own right. Each establishment needs to be licensed, and the stakes and prizes are kept low. The scope of these games has grown over the years to include pull-tab games and more recently electronic versions of lottery or pull-tabs. In the most recent development, remote (tablet device) pull tabs will be allowed at football stadiums under the charity gambling laws.
There are several tribes sharing the land in Minnesota and they have not been shy about taking their right to host gambling games to court. This started in the early 1980’s when high-stakes bingo parlors were introduced on native land. These have since expanded to include video gaming, blackjack and non-banked card games like poker too. Outside of the tribes there are no land-based casinos, with regulation and licensing for these regularly shot down in the Senate. Only video games and non-banked table games (poker rooms) at racetracks are available. There are no active bills or plans to change this as of 2014.
Horse racing is legal here, though the pari-mutuel betting was introduced later than in many States – coming into law in the 1980’s compared to the 1920’s or 1930’s. There is also a popular lottery.
Social games are explicitly excluded from the gambling laws, which are considered very broad in their definitions. If the prizes are under $200, and nobody profits from running the game, then you are free to enjoy social games in private. Texas Holdem is specifically mentioned as a permitted game.
What the MN Statutes are very clear about is this: If it is not specifically mentioned as being legal under our laws, then it is not.
Minnesota Gambling Laws – An Overview Of What Games Are Legal
Casino Games: Yes, Minnesota has many tribal casinos who offer video lottery type games, slots and Blackjack, you can also find games at the racetracks.
Online Casinos: No, the closest would be remote electronic pull-tab games within designated locations (racetracks). This is not exactly online gambling as we know it, though does set a president in some ways.
Live Poker: Yes, but limited in scope. There are poker rooms at casinos, and charity poker tournaments are popular. Texas Holdem is singled out in a skill game exemption under Minnesota law. As long as nobody is making a profit hosting the game and the prizes are no more than $200, you should be just fine.
Online Poker: No, there are no discussions on this area at the moment, though the generally progressive attitude towards gambling lead some people to believe that MN makes a good candidate for a future wave of regulated poker games once things are proven to be working (and generating revenue) elsewhere.
Sports Betting: Yes, pari-mutuel betting on horse racing is big business here including simulcast betting on races in other States.
Lottery Betting: Yes, a popular lottery has been running since 1972, this includes multi-State games.
Bingo Games: Yes, there is a huge charitable gambling tradition in this State, this includes bingo, keno, raffles, poker and casino nights.
Minnesota Gambling Laws – Timeline And Key Statutes
The laws take the ‘if we do not make it explicitly legal, then it is illegal’ route to their gambling laws – with the making of a bet more important than whether a game is of chance, skill or some combination of those two. Private social bets are explicitly excluded, as are charity gambling, licensed lotteries and pari-mutuel sports betting at licensed racetracks.
Here is the definition of a bet, unfortunately this does make the ‘game of skill’ defense difficult:
[su_quote]Subd. 2. Bet. A bet is a bargain whereby the parties mutually agree to a gain or loss by one to the other of specified money, property or benefit dependent upon chance although the chance is accompanied by some element of skill.
Subd. 10. Game. A game means any game played with cards, dice, equipment, or any mechanical or electronic device or machine for money or other value, whether or not approved by law, and includes, but is not limited to: card and dice games of chance, slot machines, banking or percentage games, video games of chance, sports pools, pari-mutuel betting, and race book.
Game” does not include any private social bet. [/su_quote]
Below is the timeline of legal events which have shaped the Minnesota gambling landscape:
The timeline of gambling activity in this State goes back to the native settlers. When the first statutes were signed, there were a lot of private lotteries around – many of which were corrupt. This lead to specific anti-lottery wording, and bans of gambling in general in many States, and Minnesota was no exception here.
The more recent part of the timeline starts with horse-racing and charity gambling. Included in this timeline are numerous attempts to set up regulated land-based casinos – none of these have passed as of 2014.
1945: Charity bingo laws introduced.
1947: Mechanical slot machines had become hugely popular during the 1940’s were outlawed by Governor Luther Youngdahl.
1972: State lottery begins.
1981: First high-stakes Bingo parlors appear on Indian lands. This date also marks the beginning point of decades of legal challenges and counter-challenges between Minnesota and its Native tribes.
1983: Pari-mutuel betting at racetracks approved after attempts lasting more than 5 years. The first racetrack to take advantage of this, Canterbury Downs, opens two years later in 1985.
1986: Video gaming machines appear in Tribal Casinos.
1989: After years of legal wrangling, the State signs compacts (agreements) with 7 tribes allowing video gambling. This year also saw the beginning of Simulcast live betting on games from out of State.
1991: Compacts with tribes extended to include Blackjack
1999: ‘Unbanked’ card games allowed at Canterbury downs (this is mostly poker), card room opens 1 year later.
2012: Electronic gambling devices allowed at football Stadiums. This is in line with the charitable gambling laws and involves electronic pull-tab games (similar to slots). The cash raised will be used to fund Stadium development.
Minnesota Gambling Laws – Summary And Look To The Future
It is a case of the Tribes saving the day when it comes to gambling here. Without them you would only have racetracks and charity or social games. The tribal casinos add a new layer of choice and offer a lot of different games nowadays.
Minnesota Gambling Control Board Rules
Looking to the future, there are mixed messages from recent legislative sessions. On one hand the remote pull-tab video games that will be introduced into football stadiums are an encouraging sign. On the other hand this State has failed to agree on a single land-based casino for many years, with the tribes holding a near-monopoly as a result. It is unclear whether this is the profile of a State who would willingly regulate online poker games – though once other States prove the model to be tax generating, the possibility is not closed.
Useful Resources:
Gambling Timeline
Gambling Statutes
- http://mn.gov/gcb/StatuteAndRules.htm
US Gambling Law Summary
Another Interesting History
The state of Minnesota’s online and offline gambling laws are reasonable when it comes to gambling online or offline. From what we researched about Minnesota gambling laws the only thing we can find to be illegal for online gamblers is operating an online gambling website. Players of online gambling websites are never arrested or charged with a crime because there are no laws referring to online gambling. To be completely safe and within the law when gambling online, please choose one of our online gambling websites. Whichever site you choose it is sure to become your favorite with all the promotions, bonuses, games, and other options available to Minnesota residents. We hope you enjoy these gambling sites and we know you will be safe.
We are not authorities of the law and only offer a quick run thought of Minnesota online gambling laws. If you would like more detailed information or a professional consultation about Minnesota gambling laws please talk to a lawyer.
Minnesota Gambling Laws
Section 609.75
GAMBLING; DEFINITIONS
Subdivision 1.Lottery –
(a) A lottery is a plan which provides for the distribution of money, property or other reward or benefit to persons selected by chance from among participants some or all of whom have given a consideration for the chance of being selected. A participant’s payment for use of a 900 telephone number or another means of communication that results in payment to the sponsor of the plan constitutes consideration under this paragraph.
(b) An in-package chance promotion is not a lottery if all of the following are met:
(1) participation is available, free and without purchase of the package, from the retailer or by mail or toll-free telephone request to the sponsor for entry or for a game piece;
(2) the label of the promotional package and any related advertising clearly states any method of participation and the scheduled termination date of the promotion;
(3) the sponsor on request provides a retailer with a supply of entry forms or game pieces adequate to permit free participation in the promotion by the retailer’s customers;
(4) the sponsor does not misrepresent a participant’s chances of winning any prize;
(5) the sponsor randomly distributes all game pieces and maintains records of random distribution for at least one year after the termination date of the promotion;
(6) all prizes are randomly awarded if game pieces are not used in the promotion; and
(7) the sponsor provides on request of a state agency a record of the names and addresses of all winners of prizes valued at $100 or more, if the request is made within one year after the termination date of the promotion.
(c) Except as provided by section 299L.07, acts in this state in furtherance of a lottery conducted outside of this state are included notwithstanding its validity where conducted.
(d) The distribution of property, or other reward or benefit by an employer to persons selected by chance from among participants, all of whom:
(1) have made a contribution through a payroll or pension deduction campaign to a registered combined charitable organization, within the meaning of section 43A.50; or
(2) have paid other consideration to the employer entirely for the benefit of such a registered combined charitable organization, as a precondition to the chance of being selected, is not a lottery if:
(i) all of the persons eligible to be selected are employed by or retirees of the employer; and
(ii) the cost of the property or other reward or benefit distributed and all costs associated with the distribution are borne by the employer.
Subd. 2.Bet.
A bet is a bargain whereby the parties mutually agree to a gain or loss by one to the other of specified money, property or benefit dependent upon chance although the chance is accompanied by some element of skill.
Subd. 3.What are not bets –
The following are not bets:
(1) a contract to insure, indemnify, guarantee or otherwise compensate another for a harm or loss sustained, even though the loss depends upon chance;
(2) a contract for the purchase or sale at a future date of securities or other commodities;
(3) offers of purses, prizes or premiums to the actual contestants in any bona fide contest for the determination of skill, speed, strength, endurance, or quality or to the bona fide owners of animals or other property entered in such a contest;
(4) the game of bingo when conducted in compliance with sections 349.11 to 349.23;
(5) a private social bet not part of or incidental to organized, commercialized, or systematic gambling;
(6) the operation of equipment or the conduct of a raffle under sections 349.11 to 349.22, by an organization licensed by the Gambling Control Board or an organization exempt from licensing under section 349.166;
(7) pari-mutuel betting on horse racing when the betting is conducted under chapter 240; and
(8) the purchase and sale of state lottery tickets under chapter 349A.
Subd. 4. Gambling device-
A gambling device is a contrivance the purpose of which is that for a consideration a player is afforded an opportunity to obtain something of value, other than free plays, automatically from the machine or otherwise, the award of which is determined principally by chance, whether or not the contrivance is actually played. “Gambling device” also includes a video game of chance, as defined in subdivision 8. Subd. 4a.Associated equipment. Associated equipment means any equipment used in connection with gambling that would not be classified as a gambling device, including but not limited to: cards, dice, computerized systems of betting at a race book or sports pool, computerized systems for monitoring slot machines or games of chance, devices for weighing or counting money, and links which connect progressive slot machines.
Subd. 5.Gambling place.
A gambling place is a location or structure, stationary or movable, or any part thereof, wherein, as one of its uses, betting is permitted or promoted, a lottery is conducted or assisted or a gambling device is operated.
Subd. 6.Bucket shop –
A bucket shop is a place wherein the operator is engaged in making bets in the form of purchases or sales on public exchanges of securities, commodities or other personal property for future delivery to be settled at prices dependent on the chance of those prevailing at the public exchanges without a bona fide purchase or sale being in fact made on a board of trade or exchange.
Subd. 7.Sports bookmaking –
Sports bookmaking is the activity of intentionally receiving, recording or forwarding within any 30-day period more than five bets, or offers to bet, that total more than $2,500 on any one or more sporting events.
Subd. 8.Video game of chance –
A video game of chance is a game or device that simulates one or more games commonly referred to as poker, blackjack, craps, hi-lo, roulette, or other common gambling forms, though not offering any type of pecuniary award or gain to players. The term also includes any video game having one or more of the following characteristics:
(1) it is primarily a game of chance, and has no substantial elements of skill involved;
(2) it awards game credits or replays and contains a meter or device that records unplayed credits or replays. A video game that simulates horse racing that does not involve a prize payout is not a video game of chance.
Subd. 9.900 telephone number –
A 900 telephone number is a ten-digit number, the first three numbers of which are from 900 to 999. Subd. 10.Game. A game means any game played with cards, dice, equipment, or any mechanical or electronic device or machine for money or other value, whether or not approved by law, and includes, but is not limited to: card and dice games of chance, slot machines, banking or percentage games, video games of chance, sports pools, pari-mutuel betting, and race book. “Game” does not include any private social bet.
Subd. 11.Authorized gambling activity –
An authorized gambling activity means any form of gambling authorized by and operated in conformance with law.
Subd. 12.Authorized gambling establishment –
An authorized gambling establishment means any premises where gambling authorized by law is occurring.
Subd. 13.Applicability of definitions –
For the purposes of sections 609.75 to 609.762, the terms defined in this section have the meanings given, unless the context clearly indicates otherwise.
Section 609.755
ACTS OF OR RELATING TO GAMBLING
Whoever does any of the following is guilty of a misdemeanor:
(1) makes a bet;
(2) sells or transfers a chance to participate in a lottery;
(3) disseminates information about a lottery, except a lottery conducted by an adjoining state, with intent to encourage participation therein;
(4) permits a structure or location owned or occupied by the actor or under the actor’s control to be used as a gambling place; or
(5) except where authorized by statute, possesses a gambling device.
Clause (5) does not prohibit possession of a gambling device in a person’s dwelling for amusement purposes in a manner that does not afford players an opportunity to obtain anything of value.
Section 609.76
OTHER ACTS RELATING TO GAMBLING
Subdivision 1.Gross misdemeanors –
Whoever does any of the following may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both:
(1) maintains or operates a gambling place or operates a bucket shop;
(2) intentionally participates in the income of a gambling place or bucket shop;
(3) conducts a lottery, or, with intent to conduct a lottery, possesses facilities for doing so;
(4) sets up for use for the purpose of gambling, or collects the proceeds of, any gambling device or bucket shop;
(5) except as provided in section 299L.07, manufactures, sells, offers for sale, or otherwise provides, in whole or any part thereof, any gambling device including those defined in section 349.30, subdivision 2;
(6) with intent that it be so used, manufactures, sells, or offers for sale any facility for conducting a lottery, except as provided by section 299L.07; or
(7) receives, records, or forwards bets or offers to bet or, with intent to receive, record, or forward bets or offers to bet, possesses facilities to do so.
Subd. 2.Sports bookmaking –
Whoever engages in sports bookmaking is guilty of a felony.
Subd. 3.Cheating –
Whoever cheats in a game, as described in this subdivision, is subject to the following penalties:
(i) if the person holds a license related to gambling or is an employee of the licensee, the person is guilty of a felony; and
(ii) any other person is guilty of a gross misdemeanor. Any person who is a repeat offender is guilty of a felony.
A person cheats in a game by intentionally:
(1) altering or misrepresenting the outcome of a game or event on which wagers have been made, after the outcome is determined, but before the outcome is revealed to the players;
(2) placing, canceling, increasing, or decreasing a bet after acquiring knowledge, not available to other players, of the outcome of the game or subject of the bet, or of events affecting the outcome of the game or subject of the bet;
(3) claiming or collecting money or anything of value from a game or authorized gambling establishment not won or earned from the game or authorized gambling establishment;
(4) manipulating a gambling device or associated equipment to affect the outcome of the game or the number of plays or credits available on the game; or
(5) otherwise altering the elements of chance or methods of selection or criteria which determine the result of the game or amount or frequency of payment of the game.
Minnesota Gambling Rules
Subd. 4.Certain devices prohibited
(a) Whoever uses or possesses a probability-calculating or outcome-affecting device at an authorized gambling establishment is guilty of a felony. For purposes of this subdivision, a “probability-calculating” or “outcome-affecting” device is any device to assist in:
(1) projecting the outcome of a game other than pari-mutuel betting authorized by chapter 240;
(2) keeping track of or counting cards used in a game;
(3) analyzing the probability of the occurrence of an event relating to a game other than pari-mutuel betting authorized by chapter 240; or
(4) analyzing the strategy for playing or betting in a game other than pari-mutuel betting authorized by chapter 240.
For purposes of this section, a book, graph, periodical, chart, or pamphlet is not a “probability-calculating” or “outcome-affecting” device.
(b) Whoever uses, or possesses with intent to use, a key or other instrument for the purpose of opening, entering, and affecting the operation of any game or gambling device or for removing money, chips, tokens, or other contents from therein, is guilty of a felony. This paragraph does not apply to an agent or employee of an authorized gambling establishment acting within the scope of employment.
Subd. 5.Counterfeit chips prohibited –
Whoever intentionally uses counterfeit chips or tokens to play a game at an authorized gambling establishment as defined in section 609.75, subdivision 5, designed to be played with or operated by chips or tokens is guilty of a felony. For purposes of this subdivision, counterfeit chips or tokens are chips or tokens not approved by the government regulatory agency for use in an authorized gambling activity. Subd. 6.Manufacture, sale, and modification prohibited.
(a) Whoever manufactures, sells, distributes, or otherwise provides cards, chips, tokens, dice, or other equipment or devices intended to be used to violate this section, is guilty of a felony.
(b) Whoever intentionally marks, alters, or otherwise modifies lawful associated equipment or gambling devices for the purpose of violating this section is guilty of a felony.
Subd. 7.Instruction –
Whoever instructs another person to violate the provisions of this section, with the intent that the information or knowledge conveyed be used to violate this section, is guilty of a felony.
Subd. 8.Value of chips or tokens –
The value of chips or tokens approved for use in a game designed to be played with or operated by chips or tokens, as the term “value” is used in section 609.52, is the amount or denomination shown on the face of the chip or token representing United States currency. Chips used in tournament play at a card club at a class A facility have no United States currency value.
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