Utah Gambling Laws

  

Utah's laws in regard to alcohol, tobacco and gambling are strict. Utah is an alcoholic beverage control state. The Utah Department of Alcoholic Beverage Control regulates the sale of alcohol; wine and spirituous liquors may be purchased only at state liquor stores, and local laws may prohibit the sale of beer and other alcoholic beverages on. Utah Gaming Laws. Et seq.; 4-38-1 et seq. Risking anything of value upon the outcome of a contest, game, scheme, or gaming device when the return or outcome is based upon an element of chance and is in accord with an agreement. Understanding that someone will receive something of value in the event of a.

When people think of the United States, they tend to conjure up images of the thriving metropolises on the coastal cities. The truth is that most of the country is what is affectionately called the “heartland,” and looks more like Utah than New York City. When it’s said people in the United States love to gamble, that does not just apply to those living in the nation’s biggest cities, but also in the state of Utah. Here are details on Utah gambling laws so you can wager safly in the state.

While gambling is certainly not for everyone, there are a great number of people who stop themselves from participating based solely on their belief that they will face jail time just for participating in the hobby. This page was written and designed to help residents of Utah come to a better understanding about the laws concerning gambling in their home state and dispel some of their poor assumptions on the subject.

Federal laws state that while it is indeed a very serious crime to facilitate illicit gambling for a profit, it is not unlawful for an otherwise honest citizen to place a bet or wager on a game of skill, chance, or future event like a sports contest. While some states use this as a template when deciding their own stance on it, Utah decided to make their laws much more restrictive.

This does not mean that all hope is lost. UtahGamblingLaws.com is here to not only break down the state’s policy and stance towards gambling, but help Utah residents explore some avenues down which they may gamble safe from the threat of legal prosecution.

Legality of Gambling in Utah

The first thing anyone should do when analyzing Utah gambling laws is to see how the actual act of gambling is defined. In chapter 76-10-1101 section 2 of state legislation, gambling in Utah is defined as “risking anything of value upon the outcome of a contest, game, gaming scheme, or gaming device.” It goes without saying that this is a fairly all-inclusive stance on the subject. Where some states will leave wiggle room for some forms of gambling over others or at least define the acts differently, Utah has effectively eliminated the prospect of sports betting, playing casino games or playing poker all in one sentence.

As outlined in chapter 76-10-1102 section 2 of the legal document, the first offense for a guilty party will be classified as a class B misdemeanor. This can result in up to six months in jail along with a fine of up to $1000. All subsequent offenses will be deemed as a class A misdemeanor which is punishable by up to one year in jail in addition to potential fines totaling up to $2,500 each.

This seems like very bad news on the surface until one analyzes just what the law is used for, and what the spirit and intent behind it is. In Utah, the target has never been individuals looking to wager a little money on friendly games, but large organized crime syndicates. Even though these offenses are technically illegal and carry legal punishments, the state of Utah has no interest in prosecuting individuals, only in preventing any professional gambling establishments from taking root. There is even a league of Utah poker players that operate out in the open with no legal interference, and thousands of Utah residents confess to gambling over the internet every day with no legal interference.

However, this does not mean that all gambling activities in Utah are safe. If one is found guilty of “gambling promotion” in the state of Utah, not only will they face an incredibly likely chance of being prosecuted to the fullest extent of the law, but in accordance with chapter 76-10-1104 of legislation, the first offense is a class B misdemeanor, but any subsequent convictions will result in a third degree felony. In addition to hanging around on a criminal record for the rest of an offender’s natural life, this second conviction can result in a prison sentence of up to five years and a fine of $5,000. It goes without saying that Utah residents should take extra care to avoid this act.

Difference Between Gambling & The Promotion of Gambling

Luckily, these acts are as distinct in reality as they are in the eyes of the law. It’s simple to grasp that the act of placing a bet requires a second party to actually take that bet. For all intents and purposes, this second party, whether they are facilitating a bet on sports, operating a casino game, or hosting a poker game will be guilty of gambling promotion, and therefore highly likely to come under legal scrutiny.

This, however, should not be taken to mean that the state of Utah is carting every honest Joe who has friends over for a game of cards off to jail. There is one incredibly important parameter that must be met in order for a crime to constitute gambling: in order to be guilty of gambling promotion, the offender must make a profit off the game or event. This does not mean that they come out ahead as a virtue of savvy betting and wager, but rather that they position themselves to make a profit from the gambling whether they place bets or wagers at all.

Some popular means of doing this are through operating a sportsbook in which the operator assumes responsibility for paying out winning bets and collecting money from losing bets, (usually taking a profit in the process,) charging admission or collecting a “rake” (a small percentage of each pot given to the house as a profit) from a poker game, or operating any traditional casino games as the “house,” who by definition of the games, always has the highest chance of winning.

Just so long as any residents of Utah avoid turning profits from gambling in any of these manners, they should be able to avoid any serious criminal charges, or indeed, any legal attention as it relates to violating Utah gambling laws.

Utah Gambling Laws & Statutes

Utah Sports Betting Laws

In 1992, the Professional and Amateur Sports Protection Act was passed; a bill that would ban states from sanctioning any form of sports betting. Although four states were exempt from this bill, Utah was not one of them. As a result, there are no facilities in all of Utah where one may legally bet on sports. If a resident is determined to bet a couple dollars on the Utes with Utah state borders, they will need to seek out an illicit land based sportsbook. Due to a forced association with a criminal element, this action is not recommended.

Luckily, Utah residents are capable of connecting to the rest of the world via the internet. As such, hundreds of thousands of residents around the state have already taken advantage of legal online sportsbooks for Utah residents, and are able to place bets on the Jazz on a nightly basis without any fear of legal repercussions.

Utah Casino Gaming Laws

There are few states with as strong a stance against organized gambling as Utah, and as a result, one will not find any sanctioned casinos within the state. Whereas some states who do not allow gambling will make an exception for federally exempt tribal casinos, Utah legislation does not even allow for these. If a Utah resident is determined to gamble in a legal and safe land based casino environment, a long road trip or a short, expensive flight is in their future.

Fortunately, Utah does not regulate the use of legal online casinos. Using these services, Utah residents may play slots or any number of traditional casino games without ever needing to worry about legal prosecution from Utah law enforcement agencies.

Utah Poker Laws
Colorado gambling laws

While many states include clauses in their legislation that will allow poker to be played as a “game of skill” in sanctioned facilities, in its continued quest to root out all organized forms of gambling, Utah does no such thing. A high and wide search of the state will not turn up a single sanctioned, land based poker room nor race track for dogs or horses. Indeed, choices for organized poker rooms are scarce.

However, this does not mean that residents of Utah merely deny themselves any poker games. Quite the contrary, there is an active poker playing community in the state that plays many organized private games, just assuring that no host turns a profit by virtue of hosting the game. In addition to sacred home games, legal online poker rooms also offer their products to the state of Utah. While residents of Utah dead set on brick and mortar casinos will surely be disappointed by the offerings available to them, there are at least some venues through which poker may be played.

Gambling Age For Utah: What's The Minimum Age?

Laws

Quick – what’s one advantage to there being no sanctioned gambling in an entire state? The fact that there are no minimum ages set for the various forms of gambling available within its borders. Unlike other states which could force a player to wait until they are 21 before they have the right to legally gamble, since Utah has no sanctioned gambling in the state nor even a state lottery, there is no legislation declaring a legal gambling age.

In order to sign up for legal gambling websites, they will usually ask that for their own purposes that players be 18. While there will be no penalties issued from the state for underage gambling, the network will delete and fraudulent accounts from minors as well as seize any money in the account the player might otherwise be entitled to. Still, waiting until one turns 18 to gamble is better than needing to wait until they are 21!

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Where to Gamble in Utah

On-Land: The State of Utah has not sanctioned a single gambling facility. Nary is a casino, poker room nor even a dog track anywhere to be found in the state. While private home games are still technically frowned upon, many residents use them as a means of gambling without having to cross state borders. Many state representatives have said point blank that they will not prosecute for such games, which is a good thing considering they are quite literally the only option available to prospective gamblers in Utah.

Online/Web-Based: Considering the bleak state of affairs concerning land based gambling in Utah, it’s fortunate that there are many legal gambling websites for Utah residents open for business.

Michigan Gambling Laws

At this point, one may be wondering how, in a state notoriously strict on organized gambling these websites are able to run legally and offer their services. The answer is a simple matter of geography. Since these websites are all located outside of the United States, they are well outside of not only Utah jurisdiction but US federal jurisdiction as well. Since it is well known that Utah residents are able to gamble online with no fear of prosecution, and that these websites operate legally, it can be discerned that these are a wonderful avenue through which Utah residents may regularly gamble.

While the idea of gambling with an overseas business could make some Utah residents nervous, the benefits of gambling with a legal entity far outweigh the cons. For starters, legitimate gambling business have access to the resources that help make them some of the most secure websites in the world, and the fact that they need to be certified by reputable gaming commissions just to stay in business only helps Utah players maintain standards of fair play and collect their payouts in an efficient and speedy manner. Hundreds of thousands of Americans understand these Utah gambling laws and play on these sites every day, and they make for an excellent legal gambling opportunity!

Top-Rated Gambling Sites For Utah Residents

100's of Casino Games, Sports Wagering & Online Poker

When picking out a gambling network, you have to decide what’s most important to you. Would you like to play in one of the liveliest and action-packed poker rooms? Would you rather visit an online casino that utilizes cutting edge software to help offer thousands of different games? Maybe what interest you most is a complete and varied online sportsbook with countless of sports betting options.

The best part of gambling with Bovada is that you don’t have to choose: you get all three. In addition to being the leading name in all legal gambling worldwide, this Utah gambling site offers the best products backed by the best service. No matter what time of day, no matter your issue, not only can Bovada find a way to get you back to betting faster than any other service, but they will back you up with a 24 hour support team. Don’t stand there waiting – sign up today!

Full List of Utah Friendly Gambling Sites

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How To Use UtahGamblingLaws.com

While we vouch for all the information in this page as accurate, we are not lawyers and therefore this cannot be considered a legal consultation. It is always recommended that anyone reading double check the facts or even find an attorney licensed to practice law in Utah to answer any questions about Utah gambling laws. This can cost money, however it doesn't cost anything to visit the Utah legislature and view Utah gambling laws in their full, unedited glory. Always be sure that you will be safe before deciding to gamble whether in-person or online; confident players are more likely to win!

Home » US Poker Laws – State by State Reviews » Online Poker & Gambling Laws in Utah

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May 3rd, 2018 Last updated on December 17th, 2018
Online Poker & Gambling Laws in Utah
Last Updated December 17, 2018

While Utah may have the veneer of a state absolutely opposed to gambling, the truth has always been that a number of residents enjoy a variety of betting games – including poker.

Online poker doesn’t enjoy the same level of popularity Utah as in a state like California, but that doesn’t mean there isn’t a sizeable contingent of online poker players from Utah taking up seats at the virtual tables of Internet poker rooms. Where to play, how to play and what state law says about playing poker online are the subjects of this Guide to Online Poker in Utah.

Gambling laws by state

This section is for players who lack any familiarity with Utah gambling law. If you’re already knowledgeable regarding the law and you’re looking for legal advice, that’s the sort of thing you should seek from professional sources.

Utah Gambling & Poker Laws Summarized

Type/CodeSummary
State Code Section(s)76.10.11
Definition of GamblingRisking anything of value for a return or risking anything of value upon the outcome of a contest, game, gaming scheme, or gaming device when the return or outcome is based upon an element of chance and is in accord with an agreement or understanding that someone will receive something of value in the event of a certain outcome.
Definition of Internet GamblingGambling or gaming by use of the internet or any mobile electronic device that allows access to data and information.
Definition of Gambling BetMoney, checks, credit, or any other representation of value.
Definition of Fringe GamblingAny gambling, lottery, or video gaming device which is given, conducted, or offered for use or sale by a business in exchange for anything of value, or given away incident to the purchase of other goods or services.
Definition of Gambling GuiltA person is guilty of gambling if the person participates in gambling, including any Internet or online gambling; knowingly permits any gambling to be played, conducted, or dealt upon or in any real or personal property owned, rented, or under the control of the actor, whether in whole or in part; or knowingly allows the use of any video gaming device that is in any business establishment or public place and accessible for use by any person within the establishment or public place.
Online Poker/GamblingIn a state that is notoriously anti-gambling in every respect, there have been and will not be any proposals to legalize online poker or gaming.
Live PokerUtah has no legal live poker cash games or tournaments.
CasinosThere are no casinos in Utah, nor any considerations to authorize them.
Sports BettingUtah lawmakers will not consider sports betting proposals.
DFSThere have been no attempts to legalize daily fantasy sports contests.
Other Forms of GamblingNone.

Law Enforcement on Gambling

Despite the state ban and a certain underground gambling culture, Utah law enforcement seldom seems to crack down on illegal gambling. From 2008 to 2013, only 48 illegal gambling cases were brought. These mainly involved an organized high-stakes gambling operations that charged a “rake” (a percentage of bets) or gambling at Internet cafes.

Gambling is a Class B misdemeanor in Utah, so local and state officials see little reason to prosecute gamblers. It appears that a certain amount of gambling is allowed, but only if it is discreet and under control.

Online Poker in Utah

A quick word about how we select these sites: We focus exclusively on rooms that provide safe, reliable online poker experiences. We only list rooms that are properly and legally licensed to operate. Finally, our list of the top Utah online poker sites consists only of rooms that make it easy for players from Utah to deposit and cash out funds. With all of that out of the way, here are our picks for the best online poker experience from Utah:

Poker Sites Open to Players From Your State
Bovada$500 Bonus3-4 Day PayoutsAccepts Visa, Bitcoin, Wires
Ignition$2000 Bonus3-4 Day PayoutsAccepts Visa, Bitcoin, Wires
Intertops$600 Bonus5 Day PayoutsAccepts Visa, Wires
BetOnline$2500 Bonus5-7 Day PayoutsAccepts Visa, Bitcoin, Litecoin, Wires
Sportsbetting$2500 Bonus5-7 Day PayoutsAccepts Visa, Bitcoin, Litecoin, Wires

Can Poker Players From Utah Play Poker Online?

Most US-friendly sites (including, obviously, those on the above list) accept players who call Utah home. That being the case, there’s little difficulty involved in signing up to play poker online from Utah. The one part of the process where we get the most questions from players involves making a deposit at an online poker site; you can learn more about how that works in our guides to depositing with credit cards or services such as MoneyGram.

Is Online Poker Legal in Utah?

To help you get up to speed on the issue, here is a selection of excerpts from Utah law that are potentially relevant to online gambling:

One reason why most state gambling law in the United States gets confusing is because states have to twist and contort their laws to accommodate newly introduced forms of regulated gambling. As Utah has absolutely no forms of regulated gambling, that’s not an issue with Utah gambling law.

Utah also has one of the more straightforward definitions of gambling of any state in America. Per section 76-10-1101, gambling is

“risking anything of value for a return or risking anything of value upon the outcome of a contest, game, gaming scheme, or gaming device” when that outcome involves an “element of chance” and it’s agreed that someone “will receive something of value”

in connection with that outcome.

Individual gamblers do face a potential charge in Utah. Section 76-10-1102 assigns a misdemeanor charge to the act of participating in gambling.

Utah law contains one of the broader (and most clearly articulated) prohibitions against simply promoting gambling. As detailed in Section 76-10-1104 :

“Gambling promotion” – it’s a misdemeanor if someone “derives or intends to derive an economic benefit other than personal winnings from gambling” under certain conditions.

In both cases, the severity of the charge escalates with subsequent offenses.

Read more at the official online copy of Utah state law.

Is Utah Regulated Online Poker Coming Soon?

Doubtful. As we’ve already discussed, Utah has one of the strictest attitudes toward gambling of any sort in the nation. With most states, you can imagine at least some scenario, sometimes a little far-fetched, in which online poker regulation might come to pass. With Utah, it is literally impossible to imagine a plausible scenario where Utah-regulated Internet poker becomes a reality.

Given the aggressive measures the state has put in place to pre-empt any participation in a federal online poker regulatory regime, it seems safe to assert that Utah is 50 out of 50 on the list of states most likely to regulate online poker sites.

Utah Gambling Facts

Utah is an exception to the stereotype of a typical Western territory in the 1800s. While gambling flourished across nearly all of the frontier, especially in areas focused primarily on mining and resource exploration, Utah took a position against gambling prior to its entrance into the union.

Interesting bit of trivia regarding gambling in Utah: There was a very brief period – from around 1925 to 1927 – that bets on horse races were allowed under Utah law. While there have been a number of attempts to bring regulated gambling back within Utah’s borders, opponents of expansion have won the day at every turn so far. The closest Utah came to re-establishing regulated gambling was in the 1990s, when an initiative to introduce pari-mutuel betting was presented to the voting public. It was defeated by a margin of 60-40 in November of 1992.

What are the Regulated Gambling Options in Utah?

Zip, zero and zilch. There are only two states in America that don’t allow any type of regulated gambling, and Utah is the continental member of that prohibitionist couple (Hawaii is the other).

While the lottery, tribal gambling and pari-mutuel wagering have made inroads in even the most socially-conservative states of the South and Southwest, Utah has remained steadfast in its absolute opposition to any activity that resembles gambling.

There have been some creative attempts in Utah to circumvent the strict gambling laws with bingo halls and poker rooms, but such attempts are generally contested by Utah law enforcement.

As you probably anticipated after the preceding section, there are no forms of Utah online poker sites regulated by the state. Nearly two dozen other states in the United States are investigating regulation of some type of Internet-based gambling, but the chance of Utah joining that list at any point in the foreseeable future is nil.

Wasatch Poker Tour

The Wasatch Poker Tour is one way poker players get around Utah gambling laws. The WPT has 1,200 members. Players enter tournaments with prizes, though they do not pay an entry fee. Prizes are provided by the bars which host events. The Wasatch Poker Tour is a member of the United Bar Poker Tour (UBPT), a national federation of bar poker enthusiasts.

Events are held every night of the week at one of 15 Salt Lake City pubs. Prizes usually are not more than $1,000 for 1st place, though some events have a free trip to a World Series of Poker event. Those who finish in the winnings also receive league points.

Chadler Cowles, a former director of the Utah chapter of the Poker Players Alliance, said, “There’s so much poker going on in this state. You’d be surprised at who you saw at a game — doctors, lawyers, dentists, sometimes bishops, active members of every church you could imagine.”

Bingo Nights

Another way people get around the injunction is to attend “free” bingo nights at local restaurants. Bingo players pay $25 or more for a cafeteria-style plate of food, then play bingo for free (and prizes) the rest of the evening. This was a phenomenon for a time in the mid-2000s, but officials cracked down on such activities.

At the local level, a compromise was made. Business cannot have word “Bingo” in their name. Play is restricted to four nights a week, or less in some cities. Cashiers must ask whether the patron wants to play bingo or not — it’s not assumed. Also, snacks must be offered at market rates.

Utah State Lottery

Utah is one of a few states which still does not have a lottery. Despite that, Utahns are said to like to play the lottery. The Deseret News reported that 19% of Idaho’s lottery sales come from Utah residents, though that statistic might be hearsay.

A handful of people have started online petitions to support a state lottery, but these sites have little chance of making an impact. The UtahLottery4Utah site mainly seems to exist to sell t-shirts.

Utah Gambling Resources

CityWeekly: Gambling in Utah. Feature piece from CityWeekly that takes an in-depth look at the past, present and future of gambling in Utah.

BallotPedia: Utah Gambling Initiatives. Central resource for information about all ballot initiatives – past and present – related to gambling in the state of Utah.

Gambling Law US: Utah. Complete text of the state laws of Utah with regards to gambling, including updates that cover Utah’s most recent law concerning online poker.

Is There Gambling In Utah

Utah

Utah State Lottery

Sources & Citations For This Article on Utah Online Poker