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An Overview Of The Gambling Laws In The State Of New Hampshire

The State motto of New Hampshire is ‘Live Free Or Die’. As it turns out, some gambling games are more ‘free’ than others – with some of the most restrictive laws of any State. There are no casinos, limited poker options and legal wagering on a live racing scene which has stopped running in this State. The silver lining in the gambling cloud is that there has been a flurry of recent legislation, all looking to move forward with oversight and licensing of casinos in this State. This article looks at the New Hampshire gambling laws in detail.

First of all, you will find a brief history of gambling in New Hampshire in quick-fire overview format. After that I have covered all the gambling games, and highlighted the current legal situation with each. Next you’ll find a more detailed section, with quotes from the statute books relating to gambling and a legal timeline of key dates. Finally you will find a summary and a look into possible future scenarios for New Hampshire.

New Hampshire Gambling Laws – A Brief History

There are two great reasons that New Hampshire is notable from a gambling history perspective. First, they were the first State to legalize a lottery in the modern format (1800’s lotteries were actually raffles) in 1963. This State also hold the accolade of managing to use the charity gambling laws to have as much fun as possible – including poker tournaments at racetracks which no longer hold live races.

Pari-mutuel betting was the first major type of gambling to be legalized back in 1933, covering greyhound and horse racing bets. This thrived for many years, though recently declined to the point where both types of racing had stopped by 2013. You can still bet at the racetracks via Simulcasts, live races coming from other States. You can also enjoy casino games and poker at these racetracks and selected other venues – these exist under charitable gambling laws and donate a proportion of their profits to good caused. Poker Tournaments run, and some blackjack games as well as many electronic gambling machines based loosely on Bingo or Keno.

With no tribal casinos or licensed State ones, the only choices for NH residents are to stick with the limited charitable options or travel to neighboring States. The mega-resorts of Foxwoods and Mohegan Sun are not far away in Connecticut, and next-door Massachusetts is in the process of building their own licensed casinos.

What Games Are Currently Legal?

Casino Games: There are no casinos including native tribal casinos in New Hampshire. There are some very limited options under this State’s charitable gambling laws at racetracks, which even include some electronic bingo type machines. Players need to travel to neighboring States for the real thing, with the resort-casinos of Connecticut not too far away.

Online Casinos: No, there is nothing specifically mentioning online casinos in the statutes, like in many places the current definition of games of chance are considered sufficient to make online gambling illegal.

Live Poker: Yes, but only via the charity gambling rules. This does include tournaments, which are held at racetracks and bingo halls. There is no carve-out for social poker games under New Hampshire law, though nobody has ever been prosecuted for holding a penny ante home game here.

Online Poker: No, one attempt has already been made in 2014 to introduce a bill for this, it failed in committee.

Sports Betting: Yes, there is provision under State law for pari-mutuel betting on live races and greyhounds. Unfortunately, greyhound racing stopped some years ago, and live horseracing is also gone from this State. You can bet on Simulcast races from the racetracks who also offer charity gambling to keep you entertained.

Lottery Betting: Yes, New Hampshire were the first State to introduce a modern lottery, multi-State and New England games are also included.

Bingo Games: Yes, again via the charity gambling laws, bingo and raffle games for charities are allowed.

New Hampshire Gambling Laws – Timeline And Key Statutes

When compared with other State’s ‘catch all’ definitions, the definition of gambling here seems very specific. I am sure many poker fans would be happy to use the ‘Skill Game’ argument here, with Future events being another possible factor (things happen right away in poker, or at least very quickly). Here is the main definition:

“Gambling ” means to risk something of value upon a future contingent event not under one’s control or influence, upon an agreement or understanding that something of value will be received in the event of a certain outcome.” (647-2 Gambling -)

The definition of a gambling machine could be stretched to include cards and dice, which display symbols.

“Gambling machine’ ‘ means any device or equipment which is capable of being used to discharge money or anything that may be exchanged for money, or to display any symbol entitling a person to receive money. “

Whether there are holes in the definitions or not, the State authorities certainly have a history of defending against illegal gambling. Whether individuals are inducted on misdemeanor or Felony charges is as much to do with the amount of money involved than the specific offense.

Below is the timeline of major gambling legislation in New Hampshire:

1933: Pari-Mutuel betting on horse racing from licensed tracks is legalized. This continued until 2012 when funding stopped for the declining racing industry. It is still possible to wager on Simulcast races from the tracks, who also offer charity gambling games.

1964: Lottery begins, this is the first modern State lottery in the US and has raised a lot of money for education within the State over the years.

1971: Greyhound racing legalized, though this has now declined and stopped.

2009: Huge 10% tax added to winnings of horse racing bets, this was the last straw for the racing industry, and although it was repealed in 2011, the industry was already in terminal decline by then.

2012: Last live horse races.

2014: Several bills are submitted to the State legislature, though none make it as far as the Statutes, these include:

  • HB1633, which would have put a regulatory framework in place and allowed a 5000 slot casino.
  • HB1626 A proposal to license 6 gambling establishments and create a central oversight authority.
  • HB1628 A similar proposal to 1626 looking for 6 licenses and covering games of chance.
  • HB1630, Changes to the existing charity gambling laws, this one is still alive and due to be voted on in the senate.
  • HB1639, A bill to raise the $4 bet limit for charity poker
  • HB1127, A bill to increase the licensing fee for charity gambling venues
  • HB1556, A bill looking to define poker as a game of skill

With the exception of HB1630, all these bills were killed, with a similar fate befalling bills from the last 2013 sessions too. What this does show is that there is support for real change in the laws of New Hampshire. It just might take a little while for a deal to be worked out to get one or more of the pieces of legislation through.

New Hampshire Gambling Laws – Summary And Look To The Future

New Hampshire is not the gambling haven that the State motto might suggest. With even social games considered illegal and very limited options for residents outside of the charity events, this is as dry as any non-prohibition State gets.

Fortunately, the flurry of recent legislation indicates that there is a mood for change among the politicians – and I am sure that the construction of casinos in next door Massachusetts can only increase the pressure to get things done.

I do not expect to see regulated online gambling any time soon, though once other New England States have shown this to be a working model, then you never know.

Useful Resources:

State Code

Summary Of State Laws

Live Free Or Die Alliance (Pro Gambling Group)

Charity Bill Still Alive

  • Racing (1933) Lottery (1964), Poker (1977), Bingo (1977)
  • $77 million
  • $288 million
  • 18 for lottery and bingo, 21 for racing and poker
  • New Hampshire’s state smoking ban covers all gaming facilities
  • Horse racing is the only form of legal online gambling in New Hampshire

New Hampshire was the first state to legalize a lottery. The New Hampshire gambling has not expanded much since then. Horseracing was the first type of legal gambling in New Hampshire. Greyhound racing was also legal for a time but has since been repealed. New Hampshire racetracks are permitted to offer off-track betting parlors. These bets may also be made remotely. This includes by phone and over the Internet.

New Hampshire allows charities to spread several forms of gambling. This includes bingo, raffle, and poker. The most popular charity New Hampshire poker rooms are spread throughout the state. Some of the poker rooms currently call themselves New Hampshire casinos; even though they only offer poker games.

Paying Gambling Taxes in New Hampshire

Your gambling winnings are subject to federal income tax. Find out how you can report your gambling income with OUSC’s exclusive Gambling Taxes Guide.

New Hampshire Casinos Map & Poker Rooms Guide

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Types of New Hampshire Online Gambling Allowed

Simulcast horse and greyhound racing is the major form of legal New Hampshire online gambling. TVG, TwinSpires and XpressBet are the three sites that accept racing action from New Hampshire residents.

The New Hampshire Lottery sells some tickets on its website. These are subscriptions for major lotto drawings. The options are 13, 26 or 52 weeks.

Daily fantasy sports sites claim that they are legal in New Hampshire. There is no law that backs up this opinion about the industry. The companies assert that they are a skill-based product and not considered gambling under state law. The New Hampshire attorney general and state legislature have yet to address the topic so the opinion of the operators is assumed to be correct.

Types of Live New Hampshire Gambling

  • Slots: Yes
  • Blackjack: Yes
  • Poker: Yes
  • Craps/Roulette: Yes
  • Horses: Yes
  • Lottery: Yes

Horse racing is the oldest form of gambling in New Hampshire. There are two tracks in existence today; Rochester Fair and Rockingham Park Race Track. Each offers a race book.

The state lottery sells tickets throughout the state at 1,250 retail stores. Games include scratch-offs and lottos. There are state-only and interstate lotto drawings that include Powerball and Mega Millions. Subscriptions are also sold.

Charities may offer bingo games, sell raffle tickets or spread poker games and tournaments. Poker tournaments are the most common option. Cash games are allowed with a buy-in of up to $150. Casino nights with games of chance are also permitted with limits far below what one would expect to find at a typical casino.

There are charity poker rooms, with some of them referring to themselves as New Hampshire casinos. Despite the “casino” in their name, they are not allowed to offer casino games unless it is a “Casino Night”. There are no New Hampshire casinos that offer regular casino games other than charity events. Residents may have to travel to nearby states to place their bets, like Massachusetts or New York.

New Hampshire Gambling Laws

New Hampshire gambling laws state that all games of chance are illegal if not operated by the state lottery or a charity. Most gambling crimes are misdemeanors, although operating a major gaming enterprise is a ClassB felony.

Betting on live horse races is allowed by New Hampshire gambling laws. Simulcast betting is permitted on horses and dogs. Live greyhound racing was outlawed in 2010. There are attempts to outlaw simulcast betting on these races.

The state lottery may sell tickets through retailers and over the Internet. Ticket issuing terminals may also be used.

Charity game operators must pay a tax to the state. There is a $500 game operator fee, a $250 facility licensing fee and a tax of $25 per game. Charities must retain at least 35 percent of the revenue generated.

In order for a New Hampshire poker room to legally offer these games, they must be run by charities. Poker games have a $150 bet max limit. This limit was raised in 2015. Poker tournament buy-ins are not capped.

Where to Gamble in New Hampshire

There are about 1,250 retailers that sell lottery tickets in New Hampshire. There are two New Hampshire racetracks. Both offer live and simulcast betting. Rochester Fair is in Rochester. Rockingham Park Race Course is in Salem.

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All poker rooms in New Hampshire must be run by a charity for them to be legal. There are currently 8 popular charity New Hampshire poker rooms that players can choose from. Use our New Hampshire casinos map and poker room guide to find the nearest establishment to you.

Poker RoomSizeAddressWebsite
4Jacks Poker Room – Rochester5 Tables38 Milton Rd.No Website
Keene Poker Room – Keene9 Tables401 Winchester St.No Website
Lakes Region Casino – Belmont10 Tables1265 Laconia Rd.www.lakesregioncasino.com
Manchester Poker Room – Manchester17 Tables1279 S. Willow St.No Website
River Card Room – Milford25 Tables185 Elm St.www.therivercasino.com
Rockingham Park – Salem60 Tables79 Rockingham Park Blvd.www.rockinghampark.com
Seabrook Poker Room – Seabrook25 Tables319 New Zealand Rd.www.seabrookpokerroom.com
The Poker Room at Hampton Falls – Hampton Falls30 Tables1 Lafayette Rd.www.hamptonfallspoker.com

History of New Hampshire Gambling

New Hampshire was the first state to legalize a lottery. That was in 1964. It was not the first form of legalized New Hampshire gambling. The state already had horse racing.

New Hampshire Poker No Limit 2017

Charity gambling was the last expansion of the industry. That occurred in 1977. Bingo and poker rooms were allowed with small stakes. New Hampshire casino nights were later added. The maximum bet started at $1. It was raised to $2 in 1998. In 2008, that number went to $4. The maximum bet was repealed in 2015. The cash game buy-in is now $150 with no cap on a betting round. None of these rules apply to poker tournaments.

Greyhound racing was once legal in New Hampshire. It was banned in 2010. Simulcast betting on these races continued to be legal. There is currently another battle to end those operations.

New Hampshire Casinos & Gambling FAQ

What is the minimum gambling age in New Hampshire?

The minimum New Hampshire gambling age is 18 years for lottery and bingo, 21 years for racing and poker.

The only form of live racing is horses. Off-track and remote betting is permitted on horses and dogs.

What New Hampshire the first state lottery in the country?

What is the poker bet limit in New Hampshire?

New Hampshire no longer has a bet limit. It was repealed in 2015.

What is the maximum buy-in for a New Hampshire poker game?

The most a player may buy into a poker game is $150.

What are the two horse racing tracks in New Hampshire?

Rochester Fair and Rockingham Park Race Track are the only live tracks. Both offer simulcast betting. Seabrook also has a race book.

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The New Hampshire smoking ban covers all indoor workplaces.