New Jersey Online Gambling Law

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Casino Gaming in New Jersey

In 1976, legalized casino gaming was approved by the citizens of New Jersey as a unique tool of urban redevelopment for Atlantic City.
In 1977, the New Jersey Casino Control Act (the “Act”) was signed into law. It declared that the rehabilitation and redevelopment of existing tourist and convention facilities in Atlantic City, and the fostering and encouragement of new construction and the replacement of lost convention, tourist, entertainment and cultural centers in Atlantic City, will offer a unique opportunity to make maximum use of the natural resources available in Atlantic City for the expansion and encouragement of New Jersey's hospitality industry, and to that end, the restoration of Atlantic City as the Playground of the World and the major hospitality center of the Eastern United States.
The Act further declared that restricting the issuance of casino licenses to major hotel and convention facilities is designed to assure that the existing nature and tone of the hospitality industry in New Jersey and in Atlantic City is preserved, and that the casino rooms are always offered and maintained as an integral element of such hospitality facilities, rather than as the industry unto themselves that they have become in other jurisdictions.
An integral and essential element of the regulation and control of such casino facilities by the State rests in the public confidence and trust in the credibility and integrity of the regulatory process and of casino operations. To further such public confidence and trust, the State extends strict regulation to all persons, locations, practices and associations related to the operation of licensed casino enterprises and all related service industries. Comprehensive law enforcement supervision attendant thereto, is further designed to contribute to the public confidence and trust in the efficacy and integrity of the regulatory process.
The Act is designed to engender and maintain public confidence and trust in the regulation of the licensed enterprises, to provide an effective method of rebuilding and redeveloping existing facilities and of encouraging new capital investment in Atlantic City, and to provide a meaningful and permanent contribution to the economic viability of the resort, convention, and tourist industry of New Jersey. (Excerpted from the Casino Control Act, N.J.S.A. 5:12-1.)

Online Gambling. Online gambling is now fully legal per New Jersey statutes and has been operating online since November 26, 2013. Anyone in the state of New Jersey can visit the state regulated gambling sites and gamble for real money. New Jersey is the first state to offer full online gambling which includes casino games, not just poker games.

Under the provisions of N.J.S.A. 54A:5.1(g), all gambling winnings, whether they are the result of legalized gambling (casino, racetrack, etc.) or illegal gambling, are subject to the New Jersey Gross Income Tax. New Jersey Lottery winnings were not taxable for New Jersey Gross Income Tax purposes prior to 2009. New Jersey law criminalizes all wagers that aren’t placed in a state-controlled environment. As you’d expect from a state with such a massive gambling industry, the regulations target illegal gambling operators rather than individual players. In fact, New Jersey doesn’t even penalize the act of participating in an unlawful game as a player. In 1976, legalized casino gaming was approved by the citizens of New Jersey as a unique tool of urban redevelopment for Atlantic City. In 1977, the New Jersey Casino Control Act (the “Act”) was signed into law.

Read about the history of the Commission.

New Jersey became the second state to legalize sports betting following the US Supreme Court ruling that overturned PASPA.

There was never any doubt New Jersey would go this route, but Gov. Phil Murphy made it official when he added his signature to the NJ sports betting bill that breezed through the state Legislature last week. The bill, A 4111, passed without a single no vote in either chamber.

Today, we’re finally making the dream of legalized sports betting a reality for New Jersey. This is the right move for our state and will strengthen our economy. pic.twitter.com/Dw3AIXnFGY

New Jersey Online Gambling Law

— Governor Phil Murphy (@GovMurphy) June 11, 2018

But what exactly did Murphy sign into law?

Here’s a comprehensive breakdown of the key components of the bill.

How soon is now?

Now that the law has been passed, New Jersey is wasting no time in joining Nevada and Delaware (which beat New Jersey to the punch by a week) as a legal sports betting state.

New

Land-based sportsbooks are expected to begin opening on Thursday.

Betting will begin at @MonmouthPark at 10:30 a.m., Thursday. Sen. Ray Lesniak (@lesniakinstitut) will be making the first bet, '$50 on France to World Cup. That's big-time for me.'

New Jersey Online Gambling Law

— David Payne Purdum (@DavidPurdum) June 11, 2018

This news was followed with Borgata Atlantic City announcing it would take bets shortly after Monmouth Park’s ceremonial first bet.

New Jersey Online Sports Betting License

.@BorgataAC confirms it will accept first sports wager at 11 a.m. on Thursday inside the Race & Sports Book, special unnamed guest will place first bet

— David Danzis (@ACPressDanzis) June 13, 2018

Online and mobile products will have to wait a little longer, as there’s a 30-day moratorium on online wagering in the legislation.

“This act shall take effect immediately, except that provisions allowing online or Internet sports wagering shall take effect 30 days thereafter.”

How many sportsbooks are we talking about?

Per the law, each eligible entity (nine casinos, with Hard Rock Atlantic City and Ocean Resort Casino, and four racetracks) can operate up to three sports betting brands.

At full capacity, that works out to 39 sportsbooks, which might be overkill for the New Jersey market.

More likely, each facility will have one or maybe two physical sportsbooks and 1-3 online skins.

DGE gets the final call on interstate wagering agreements

New Jersey’s legislation doesn’t have a whole lot of concern when it comes to the 1961 Wire Act.

The new law has a provision that will leave it up to the state Division of Gaming Enforcement to determine if New Jersey is capable of entering into interstate wagering partnerships.

“Notwithstanding any other provision… wagers may be accepted thereunder or pooled with wagers from persons who are not physically present in this state if the division determines that such wagering is not inconsistent with federal law or the law of the jurisdiction, including any foreign nation, in which any such person is located, or such wagering is conducted pursuant to a reciprocal agreement to which the State is a party that is not inconsistent with federal law.”

Money, money, money

New Jersey chose to go with a bifurcated tax rate for land-based and online sports wagering.

The land-based sports betting tax rate is set at 8.5 percent of revenue. The rate jumps to 13 percent for online and mobile wagering.

As is the case with online gaming, casinos will pay an additional 2.5 percent tax on online wagers — 15.5 percent total — as part of the state’s Alternative Reinvestment Tax that is used to promote tourism in Atlantic City.

Tracks are required to pay an additional 1.25 percent of revenue from internet and mobile wagers — 14.25 percent total — to the Alternative Reinvestment Tax fund.

And of course, all legal US sports bets are subject to a federal excise tax of 0.25 percent of handle.

Several no-betting zones

Not surprisingly, licensed books won’t be allowed to take wagers on high school sporting events, not that they were likely to anyway.

College games held in the state of New Jersey, or games that involve a New Jersey college are also prohibited.

Additionally, the law prohibits esports betting.

There’s also a specific exclusion that will apply to just one casino, Golden Nugget. The casino is owned by Houston Rockets owner Tilman Fertitta. As such, it cannot take wagers on any NBA games. That’s several steps beyond the company’s self-imposed policy in Nevada, where Rockets games and wagers are off the board at Golden Nugget.

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New Jersey Online Gambling Law Canada

What’s not in the bill

New Jersey Online Gambling Laws

New Jersey thumbed its nose at the professional sports leagues demands for an integrity fee.

Not surprisingly, there is no provision for an integrity fee in the law.

New Jersey Online Sports Betting

Thus far, none of the states that have passed legislation legalizing sports betting have included an integrity fee. And it’s a growing list:

New Jersey Online Gambling Laws

  • Nevada
  • Delaware
  • New Jersey
  • West Virginia
  • Mississippi