Is Gambling Legal In Colorado

The gambling laws in Colorado cover everything from the actual gambling activities, to government decisions as well as the gambling commissions that oversee state-regulated gaming activities. Generally speaking, Colorado has some strict laws prohibiting some forms of gambling but there are some pretty clear-cut exceptions. The legal gambling age in Colorado is 18 for lottery and bingo, but 21 for horse racing and casino games. The gambling age for live sports betting would also be 21. Is Bovada legal in Colorado? Bovada, like MyBookie, is an unregulated, offshore sportsbook. As such, it is not legal in Colorado. Colorado legalized land-based gambling in 1990. Although the history of gambling in The Centennial State is rather short, Colorado has plenty of tribal and commercial casinos and card rooms, which are mainly located in Black Hawk, Cripple Creek, and Central City. Other regulated forms of gambling include state lottery and pari-mutuel horse racing.

  • Casino Gambling: Legal
  • Poker: Not Legal
  • Horse Racing Betting: Legal
  • Dog Racing Betting: Legal
    (OTB only)
  • Lottery: Legal
  • Daily Fantasy Sports: Not Specified
  • Charitable Gaming: Legal
  • Social Gambling: Legal
  • Online Gambling: Not Specified

The Rocky Mountain State has a strong libertarian political streak that leads to a“hands-off” approach to vice. Colorado was the first American state to legalize the recreational use ofmarijuana and the first to reap the massive financial benefits of that action.

This is a beautiful state, taking up most of the southern Rocky Mountains. Seated atthe continental divide, the state is an interesting blend of the traditional and the contemporary. Gamblers inColorado enjoy a generally-relaxed policing atmosphere, with legal casino gambling, social gambling, charitygames, lotteries, and other markets available in a regulated form.

On this page we cover the legal status of gambling in this state, as well as discusswhether or not it is actually legal to gamble online in Colorado.

Before we dig deep into Colorado gambling law and state gaming tradition, let’s startby setting the stage. The numbers below should give you some context for the rest of the information we share.You’ll notice, right off the bat, that Colorado is a gaming powerhouse, and that the state earns a huge chunk oftheir total revenue from gaming taxes.

Age Requirements
21
Approximate Annual Gambling Revenue
$745 million
Approximate Annual Gambling Taxes
$100 million
Number of Commercial Casinos
38
Number of Rancinos
0
Number of Tribal Casinos
2
Casino Regulatory Body
Colorado Division of Gaming
Lottery National Rankings
21st

Clearly, gaming is big business in Colorado. The state’s other big revenue-generating venture, the sale ofretail and medical marijuana, is making headlines worldwide for generating $75 million for the state. Meanwhile,reliable old casino gambling is outpacing even the state’s firestorm of weed sales figures. With Colorado gaminglaw still very much in flux, we think the comparison between the newly-launched retail marijuana market and therelatively-new casino gambling industry in the state is apt. It’s tough to put your finger on exactly what typesof gaming are legal and illegal in the state. The next section is dedicated entirely to a long look at Coloradogaming statutes.

The legal status of different types of gambling in Colorado depends heavily on where in the state you’relocated. Colorado has relaxed gambling laws, in part because the state defers to county and municipal law whenit comes to gaming regulation.

The easiest way to understand a state’s policies toward gambling is to start with their definition of theterm. According to Section 18-10-101 of the Colorado criminal code, “Gambling” refers to the act of

Gambling
“… risking any money, credit, deposit, or other thing of valuefor gain contingent in whole or in part upon lot, chance, the operation of a gambling device, or thehappening or outcome of an event, including a sporting event, over which the person taking a risk has nocontrol.

That’s a laborious and thorough definition of gambling that would seem to preclude just about any form ofbetting.

But the law continues with some exceptions. Here they are, as taken directly from the state law books:

“Bona fide contests of skill, speed, strength, or endurance in which awards are made only to entrants or the owners of entries.”
This protects athletic competitions and some carnival and amusement games. Online poker players and sports bettors ought to perk their ears up at the word “skill” in the definition, as it might be used to establish that certain online games are excepted from state gambling law.
“Bona fide business transactions which are valid under the law of contracts.”
This means that any commercial gambling interest allowed to exist by the state government is protected from prosecution. It’s a gentler form of the exception in many state law books that allows any form of gambling that the state says is legal to exist.
“Other acts or transactions now or hereafter expressly authorized by law.”
This line basically grants the state the right to legalize and regulate any gambling game that they want. It’s a catch-all that any student of state gambling law will recognize as a common tactic of centralized governments.
“Any game, wager, or transaction which is incidental to a bona fide social relationship, is participated in by natural persons only, and in which no person is participating, directly or indirectly, in professional gambling.”
This line is responsible for Colorado’s famous social gambling allowance. Believe it or not, this is the only line referring to private or in-home gaming. It’s elegant, and it gives people in Colorado a lot of leeway when it comes to private poker games or other contests.

Some forms of gambling are legal regardless of where you are in the state. The Colorado Lottery operates afew state lottery games and regulates Colorado resident’s participation in larger lottery systems. The ColoradoDivision of Racing regulates all live and OTB wagers on horse racing events in the state. The Colorado Secretaryof State’s Office licenses and regulates bingo, charitable raffles, and other charity games.

Social gambling is particularly popular in the state, thanks in large part to relaxed laws about the practice. ByColorado law, a private game is legal as long as there is a legitimate social relationship between the playersand there’s no profit motive for the host. By law, players must know each other outside of the context ofgambling activity. Do we think that law enforcement is going around to private games establishing a legitimatesocial relationship? No – but it’s best to stay safe and keep your private game legal in the eyes of theAttorney General.

The state’s willingness to defer to local law has led to the creation of three casino gambling areas in threeColorado cities – Cripple Creek, Black Hawk, and Central City. Municipal governments in these areas have chosento host limited casino gambling. No game can allow wagers of more than $100, and certain card and dice games(namely blackjack and craps) aren’t allowed.

You may be thinking that Colorado law is extremely liberal. Up to this point, it is. Where the state’s gaming lawgets strict is when you bring up the subject of online gambling.

According to the Colorado Department of Revenue, online gambling is illegal. “Internet gambling is illegalunder state and federal laws,” says the Department of Revenue’s website. “Colorado law prohibits thetransmission or reception of gambling information by any means.”

Let’s take a look at this. For “gambling” to occur, by Colorado statute, there must be three elementspresent.

  • Consideration – this refers to payment.
  • Chance – this refers to luck.
  • Reward – this refers to prizes won during gambling.

All you need to do to make a gambling activity legal in Colorado is to eliminate one of these factors.Unfortunately, by that loose definition, any traditional form of online wagering could be considered an illegalbet.

The Department of Revenue also leans heavily on the UIGEA bill and the Interstate Wire Act in theirexplanation of why online gambling is illegal. We think this is a dubious practice – deferring to federallaw in a state where local laws are sacrosanct.

Here’s a problem with the Department of Revenue’s statements on the matter – there is no express prohibitionagainst online gambling anywhere in Colorado’s statutes or penal code. Furthermore, no Colorado citizen orvisitor to the state has ever been charged with a crime related to online gambling.

Is horse betting legal in colorado

What would happen to a person if they were somehow charged with and convicted of a crime for online gambling?A first-offense will almost certainly be a minor misdemeanor, similar to a speeding ticket. The fine is setbetween $50 and $100. A second offense is also a misdemeanor, but a more serious one, with a heftier fine.It’s only on a third or further offense that a felony conviction is mentioned, and fines shoot up as high as$25,000. It seems the state is far more concerned with systematic and problematic gambling than a singleincident of illegal wagering.

We field lots of questions about the legality of poker tournaments, Vegas nights, and other organized formsof gambling outside the usual scope of casino, charity, and social gaming law. In many ways, Colorado law is agift to those of us that examine gaming law for a living. It is often concise, clearly-written, and thorough.But in regards to things like private poker tournaments and church- or charity-sponsored casino game nights, thelaw is pretty obtuse.

We have to depend on statements from Colorado’s Attorney General’s office and the Colorado Gaming ControlCommission and trust their judgement on this issue. Generally speaking, these two offices work closely todeal with things like poker tournaments and gaming that’s outside the scope of what the law considers“charitable.”

We discovered, in researching the legality of a private poker tournament, that games played in a person’sprivate home can be fully legal provided they aren’t identifiable as “gambling” under Colorado law. We’vealready established what has to happen in order for an activity to be described and regulated as gambling inColorado – there must be a wager, luck, and the promise of a cash prize. If any one part of this equation isabsent, then you’re not gambling.

The best way to manipulate this loophole and ensure your game is legal, regardless of what kind of game itis? Don’t charge any kind of fee at the door, or any kind of fee whatsoever. That means no “suggesteddonations” either. It also means you can’t charge a buy-in, accept any tips, or set any kind of “minimumcharge system” for entry. This covers the old “two drink minimum” loophole. You can hand out prizes andconduct any non-device gambling you want as long as you follow this rule.

If you have to charge a fee, you can’t legally hand out any prizes at all based on the results of the game ora player’s skill or luck. You can conduct a legal raffle, door prize giveaway, or drawing. But for yourprivate event to be legal, these prizes have to be truly randomly-awarded. They can’t be tied to payment orany actual success in the event. The state takes this seriously – the Colorado Secretary of State handlesall legal permitting for charity bingo, raffle, and other gambling events, and it’s big business for thestate. As far as Colorado sees things, you’re stealing from their coffers.

Once you’ve established a game without an entry fee or other charge, you’re playing a legal game, and youdon’t have to worry about intervention by law enforcement.

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Brass Ass Casino of Cripple Creek264 Bennett Avenue, Cripple Creek, CO 80813
Bronco Billy’s Casino233 E Bennett Avenue, Cripple Creek, CO 80813
Bull Durham Saloon and Casino110 Main Street, Black Hawk, CO 80422
Bullwhacker’s Black Hawk Canyon and Grand Plateau Casino101 Gregory Street, BlackHawk, CO 80422
Colorado Grande Casino300 Bennett Drive, Cripple Creek, CO 80813
Dostal Alley Brewpub & Casino116 Main Street, Central City, CO 80427

Colorado Online Gambling Laws

Double Eagle Hotel & Casino442 Bennett Avenue, Cripple Creek, CO 80813
Gold Creek Casino400 E Bennett Avnue, Cripple Creek, CO 80813
Easy Street Casino107 Main Street, Central City, CO 80427
Is online sports gambling legal in colorado
Famous Bonanza107 Main Street, Central City, CO 80427
Reserve Casino Hotel321 Gregory Street, Central City, 80427
Golden Mardi Gras Casino300 Main Street, Black Hawk, CO 80422
Imperial Casino Cripple Creek123 N 3rd, Cripple Creek, CO 80813
J.P. McGill’s Hotel & Casino232 Bennett Avenue, Cripple Creek, CO 80813
Johnny Nolon’s Casino301 E Bennett Avenue, Cripple Creek, CO 80813
Midnight Rose Hotel & Casino256 Bennett Avenue, Cripple Creek, CO 80813
Red Dolly Casino503 Gregory Street, Black Hawk, CO 80422
Sky Ute Lodge and Casino14324 CO-172, Ignacio, CO 81137
The Gilpin Casino111 Main Street, Black Hawk, CO 80422
Teller House1250 Greene Street, Silverton, CO 81433
The Lodge Casino at Black Hawk240 Main Street, Black Hawk, CO 80422
The Richman Casino Wild Card Saloon & Casino101 Richman Street, Black Hawk, CO 80422
Uncle Sam’s Casino251 E Bennett Avenue, Cripple Creek, CO 80813
Ute Mountain Casino Hotel & Resort3 Weeminuche Drive, Towaoc, CO 801334
Wild Horse Casino353 Myers Avenue, Cripple Creek, CO 80813

We already discussed the legal status of online gambling in Colorado at length. The situation is murky atbest. As far as we can tell, so long as you’re placing real-money bets at websites based offshore, you’re notbreaking the law. Don’t forget that it’d be difficult for a law enforcement body to track you down and chargeyou with a crime, considering there’s no existing language in the Colorado penal code that addresses gamblingover the Internet. If you’re genuinely concerned about the legal status of your online gambling while within theborders of Colorado, consult a legal professional with experience in gambling law in the state.

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History of Colorado Gambling Laws

1918Most forms of gambling are outlawed
1991Colorado legalizes casino gambling in three cities
2008Roulette and craps are legalized