Casino Gambling Laws + Statutes In California

California offers more gambling opportunities than most other states do—outside of Nevada, New Jersey, and perhaps one or two others. This does not mean that California is totally lax and permissive—indeed, there are plenty of forms of gambling that are illegal, and several important regulations to contend with—but on the whole, California casino gaming laws are fairly permissive. Certainly, those who live in California, and love to gamble in casinos, can find ample opportunity to do so. Learn about the laws below which can allow for legal online casinos in California to operate.

What The Law Prohibits:

To begin with, it is important to note the California laws that prohibit forms of gambling. Penal Code Section 330 is one relevant piece of legislation. This law essentially makes it illegal to operate, or participate in, any kind of gambling operation without first getting a license from the state. What this law does, in effect, is to criminalize the operation of unlicensed gambling businesses; those who wish to gamble, or to run casinos, can only do so by obtaining the permission—and agreeing to the regulation—of the state government.

Another piece of legislation to consider is the Business and Professions Code Section 19850. This law penalizes individuals who participate in illegal gambling, with fines of up the $1,000 and up to six months of jail time. This law is both daunting and serious, yet it is important to note that there are hardly any recorded instances of individuals being prosecuted under this law.

What The Law Allows:

With those stipulations noted, it is also important to say that California does make allowances for certain types of gambling. The most obvious is state-approved casino gambling. In California, players will find dozens of casinos and poker rooms, all of which are state-sanctioned, legal, and safe.

Beyond casino gambling, there are other forms of gaming that the state permits. Charitable gaming, a state lottery, and horse racing are all acceptable in California. This leaves only one further area to discuss—online gambling.

Is Internet Casino Gaming Allowed In California?

The fact is, California's laws do not expressly condone or condemn Internet casinos. This means California residents can enjoy online casinos without worry over legal repercussions. And with proposed online gaming legislation on the table, it's possible that California casino gambling laws will soon become even more expansive and permissive than before.

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The Specifics Of CA Penal Code 330

  • Faro
  • Monte
  • Roulette
  • Lansquenet
  • Rouge et Noire
  • Rondo
  • Tan
  • Fan-tan
  • Seven-and-a-half
  • Twenty-one
  • Hokey-pokey

Astute gamblers might note that Twenty-one is blackjack, and that several other names of modern day casino games are given in this list, but the list itself refers specifically to old-timey names, and as such is not a particularly effective enforcement mechanism without further definition. However, that further definition is available. California specifically bans two types of games in addition to that list: banking games and percentage games.

What Are Percentage Games In California?

Percentage games are games in which the profit for the house is derived by taking a percentage of the total winnings made by players. An example would be a poker table wherein the house takes a 10% cut of the winnings at the end of the night. Normal poker is ok, the house taking a percentage is not.

What Are Banking Games In California

Banking games are games in which the bank, or house, is a participant in the game, usually with the odds slanted in their favor. An example of a game like this would be blackjack, which is not only named as Twenty-one in the list of games that are explicitly banned, but would definitely fall under the category of a banned game if the house was involved in it.

Why Are California’s Laws Written This Way?

It seems as though the writers of these laws wanted to make it very difficult for gambling to become an exploitative industry, but to allow people in the state to gamble amongst themselves. These laws were a way of making sure that there could not be a casino industry in CA, but that there could be mutual gambling between friends, such as at a poker table, or friendly wagers that do not involve the house.

California Penal Code 330 Penalties

If you are charged and convicted with violating California Penal Code 330 in California, you are subject to a misdemeanor charge. The possible punishments for this charge vary depending on factors that are unpredictable, such as the judge assigned and your previous criminal history. Generally, however, there are two penalties that can be assessed. You can be fined anywhere from $100 to $1,000, and you could be sent to jail for a period of up to six months. The second punishment seems to be vanishingly rare, as judges are permitted to offer probation instead, and even to not assign the punishment beyond the timeframe of the trial.

Exceptions To CA Penal Code 330

Tribal casinos are the most obvious exception to the rules laid out in California Penal Code 330. These casinos are not subject to the laws of the state, including PC 330, and are instead governed by sovereign tribal nations, whose compacts with the state of California allow them to operate with relative impunity.

A similar situation exists with offshore sportsbooks, who are not governed by California either, but still offer games like Blackjack to California bettors. These casinos are also governed by other sovereign nations, such as Canada and Costa Rica, although they do not have compacts with the state of California.

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California Legal Gambling Age

The legal gambling age at California's Native American casinos and state-regulated card rooms is 18 years old. This legal gambling age also applies to online casinos located outside of the state - it’s a requirement that you do not violate it, not a requirement on the casino, so this is something you could actually get in trouble for if you gamble underage. Note also that many of the tribal casinos serve alcohol, and as such restrict entry to people over the age of 21, which, while not in the law specifically, does make the effective legal gambling age for many in CA who do not use online casinos 21.