3/27/2022»»Sunday

Is Sports Betting Legal In Nebraska

3/27/2022

It seems that the crest of the sports betting wave has broken and is now crashing down upon the states that have yet to regulate it, as one by one, new territories approve of legislation to allow for in-person, mobile, and online domestic sportsbooks.

If any state was struggling prior to the onset of COVID-19, then you can bet that those regions are struggling even more so now. The sports betting revenue reports from each state are likely the reason for the burgeoning interest from districts that have historically been in opposition to gambling in general.

Now it seems that Nebraska sports betting is not only on the table, but on the fast track for approval following last year’s endorsement of racetrack casinos.

“In November the voters spoke and they really delivered a mandate, and that mandate is that they want to see casinos at racetracks, and they want the property tax relief that that will provide.”

NE State Senator Tom Briese – Chair of Nebraska’s General Affairs Committee

  • Sports betting is a favorite pastime of many American gamers, despite the fact that, in the overwhelming majority of U.S. States, such wagering is not explicitly legal. Certainly, it is not legal in Nebraska to run or operate a sportsbook of any kind.
  • Legislative Movement Toward Sports Betting: Yes (In-Person) It took a few years, but Nebraska is finally getting on board with the growing range of states with domestic sports betting. State lawmakers have presented legislation in early 2021 that could legalize state-regulated Nebraska sports betting.

To pave the way for legal sports betting in Nebraska, the activity first needs to be affirmed as a game of chance. LB 560 includes language that declares betting on sports to be a game of chance, which allows the act to be included among other casino games that have already been legalized.

Residents and visitors to the area may soon be able to bet on sports in downtown Omaha, but only if you are in a geofenced casino that features a sportsbook that has been licensed by the state of Nebraska.

Geofencing allows for sports betting and gambling to take place via smartphones, tablets, and laptops, but only if they are within the boundaries of the licensed racetrack casino (racino).

These geography-based restrictions are part of the legal landscape in a few of the US States that have regulated sports betting, and do not allow for wagers to be placed on popular sports from the comfort of bettors’ homes.

Unfortunately, sports betting remains illegal in Nebraska but there are reasons that may change. There are outspoken politicians on both sides of the issue so, for now at least, the future of legal sports betting in Nebraska is unclear.

The absence of free-range mobile sports betting apps in Nebraska creates a massive hole in the market that offshore sportsbooks are able to fill by accepting wagers from bettors in the area over the Internet.

Federal and state laws make no attempt to govern these internationally-based sports betting sites, and therefore, Nebraska gamblers won’t get into any trouble by becoming a customer and risking some of their bankrolls on the Cornhuskers or on Super Bowl 55 odds.

Nebraska Sports Betting Legislation

Unfortunately, there is still quite a long road ahead for Nebraska sports betting to receive the green light, as legalization will not activate until 90 days after the legislative session concludes.

Is Sports Betting Legal In Nebraska 2019

When that happens, there’ll be another round of regulation in the 2022 session required before any vendors can apply for a sportsbook license in Nebraska.

Because sports betting will be lumped in with games of chance in LB 506, if it passes with that language included, then a minimum age of 21 will be required to wager on athletics.

The racinos in Nebraska are being built now and are scheduled to open their doors to customers in 2022. With some luck and a little cooperation in the state legislature, sportsbooks could be in place by that time as well.

Source: KMTV CBS News – Omaha

Why are some forms of gambling legal while other forms are not permitted?

A: The Nebraska State Constitution (Article III, Section 24) is the base to determine what forms of gambling are permitted or prohibited. Until 1934 ALL forms of gambling were illegal. At that time the Constitution was amended to permit pari-mutuel horse racing when conducted on licensed race track enclosures. In 1958 the Constitution was again amended to permit bingo games conducted by nonprofit associations. In 1967 the Constitution was again amended to regulate raffles, lotteries and gift enterprises for charitable and community betterment purposes. Next in 1988 it was amended to permit simulcasting of horse races.

Who is responsible for licensing legal forms of gambling?

A: The Nebraska Department of Revenue, Charitable Gaming (http://www.revenue.nebraska.gov/) maybe contacted for additional information on Bingo games, raffles, lotteries and gift enterprises.

Is Sports Betting Legal In Nebraska Cornhusker

The Nebraska State Racing Commission (http://racingcommission.nebraska.gov/) maybe contacted for additional information on horse racing in Nebraska.

A: Gambling has three elements, Consideration, Chance and Reward. Gambling takes place when (Consideration) an individual puts up something of value; i.e., money or property, etc on (Chance) the outcome of an event that is determined by chance, i.e., casino games, rather than the experience or skill of the individual, or the outcome of an event that the individual has no control over the outcome, i.e., football, baseball, basketball games, etc, and (Reward) the individual has the chance of winning something of value.

Sports

Is gambling permitted in locations licensed by the Nebraska Liquor Control Commission?

A: Yes, legal forms of gambling such as raffles and lotteries, which is where Pull Tabs/Pickle Cards, Punch Boards, Keno, and Power Ball are found.

What are some of the forms of illegal gambling that have been found in licensed establishments?

A: Wagering or betting on Football or other sporting events. Football, baseball pools, regardless of the dollar amount. Any games or schemes determined by chance which require the patron to pay a fee to enter. Some video games are illegal.

A: Most video games are games that require player skill. The player inserts money, normally less than $1.00 in the game and is permitted to play. Skill games last for several minutes and the player plays for a high score. Most illegal video games permit the player to insert $1.00, $5.00, $10.00 or $20.00 at a time, some even accept $50.00 and $100.00 bills to purchase credits. Unlike skill games the player is then permitted to wager multiple credits on the game. Most of these games are casino type games, i.e., slot game or poker games and last for only a few seconds. The player can win hundreds and even thousands of credits which the player can then use to wager on additional games. The Nebraska Supreme Court has determined that credits/points are something of value. Therefore the possession of this type of game is illegal regardless if cash payoffs are made or not.

What can happen if any illegal forms of gambling are found in my licensed establishment?

A: If any evidence of any illegal gambling is found on or about a licensed establishment the owner or manager of the establishment can be cited to appear in county court and if found guilty maybe fined and or even placed in jail. It is also unlawful for any licensee to allow any illegal activities on their licensed premises and if found guilty this would place their liquor license in jeopardy of revocation, cancellation or suspension.

Is Sports Betting Legal

A: Most casino night activities are generally considered illegal gambling. Illegal types of gambling include activities where participants pay to play for the chance of winning something of value in games such as blackjack, dice, roulette or poker. The possession or use of gambling devices used in these activities, such as roulette wheels and slot machines, is illegal.

What about games of skill?

If the activity is a game of skill, then criminal penalties don't apply to the participants. Skill activities might include darts, bowling and pool tournaments. However, “casino nights” do not usually include activities based on the outcome of a player's skill, but rather the luck of the draw or some other chance event.

A: One of the elements discussed in question three, must be removed. Players in Texas Hold'em tournaments cannot be charged ANY FEE or be REQUIRED to give anything of value (consideration) as a condition of participation. In other words, players MUST be able to participate in a Texas Hold'em tournament for FREE or no prizes (reward) can be given in the tournaments.

What other types of tournaments are legal?

A: Most tournaments are legal. If the game or contest is determined by the player's skill, i.e. Darts, Pool, etc., then an entry fee maybe charged and prizes awarded. However if the game or contest is determined by chance, i.e., casino games, etc., then NO entry fee may be charged or no prizes may be awarded. It should be remembered that non-participants can not wager on the outcome.

A: All Nebraska revised statutes can be found on the Nebraska Unicameral Legislature, Laws of Nebraska at their web site http://www.legislature.ne.gov/. Gambling is found in Chapter 28 – Crimes and Punishments, Section 28-1101 thru 1117.