Online Poker Real Money Wisconsin

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  • Luckily, all Wisconsin online poker sites boast with an incredible range of stake levels, starting at a minimum of $0.01/$0.02 and peaking at a maximum of $500/$1000. These stake levels ensure that poker players in every corner of the Badger State is accommodated for.
  • Many rumors surround the legality of Wisconsin online poker rooms, and we will make clear exactly what you can and can't do. With the advent of online poker, the game has never been more popular. With less and less real-world options available in America, many players are turning to the web to get in on the action.
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  • 1.Wisconsin Gambling Laws
    • 1.1Definition of Bet
    • 1.2Definition of Gambling
    • 1.3Definition of Commercial Gambling
  • 2.Are There Any Casinos in Wisconsin?
  • 3.Is Sports Betting Permitted in WY?
  • 4.Other Forms of Legal Gambling in Wisconsin
  • 5.What are the Online Poker Laws in Wisconsin?
    • 5.1Is it Legal to Play Poker in Wisconsin?
    • 5.2Will Wisconsin Regulate Online Poker?
  • 6.What is Wisconsin's Gambling History?

Find out if online poker is legal in Wisconsin / WI

America's Dairyland is known for cheese – and those hilarious yet iconic cheeseheads, if we're being honest – but there's more to Wisconsin than football and silly outfits. The state is a haven for wildlife enthusiasts and its network of 15,000 lakes makes for some mighty fine fishing, but there are also opportunities here for gambling enthusiasts, believe it or not.

Tribal gaming has a solid home in Badger country and you can place race bets, too – you just have to find somewhere to do it. For more info on Wisconsin's gambling laws, legislative history, charitable gaming restrictions and where you can play a fun-filled game of Texas Hold 'Em, read on!

Wisconsin Gambling Laws

Wisconsin state law includes the following legal definitions1:

  • Bet
  • Gambling
  • Commercial Gambling

'Bet.' A bet is a bargain in which the parties agree that, dependent upon chance even though accompanied by some skill, one stands to win or lose something of value specified in the agreement.'

'Gambling.Whoever does any of the following is guilty of a Class B misdemeanor:

  • (1) Makes a bet; or
  • (2) Enters or remains in a gambling place with intent to make a bet, to participate in a lottery, or to play a gambling machine; or
  • (3) Conducts a lottery, or with intent to conduct a lottery, possesses facilities to do so.'

'Commercial gambling.(1m) Whoever intentionally does any of the following is engaged in commercial gambling and, except as provided in sub. (2m), is guilty of a Class I felony:

  • (a) Participates in the earnings of or for gain operates or permits the operation of a gambling place; or
  • (b) For gain, receives, records or forwards a bet or offer to bet or, with intent to receive, record or forward a bet or offer to bet, possesses facilities to do so; or
  • (c) For gain, becomes a custodian of anything of value bet or offered to be bet; or
  • (d) Conducts a lottery where both the consideration and the prize are money, or with intent to conduct such a lottery, possesses facilities to do so; or
  • (e) Sets up for use for the purpose of gambling or collects the proceeds of any gambling machine; or
  • (f) For gain, maintains in this state any record, paraphernalia, tickets, certificates, bills, slip, token, paper, writing or other device used, or to be used, or adapted, devised or designed for use in gambling; or
  • (g) For gain, uses a wire communication facility for the transmission or receipt of information assisting in the placing of a bet or offer to bet on any sporting event or contest, or for the transmission of a wire communication which entitles the recipient to receive money or credit as a result of a bet or offer to bet.'

Are There Any Casinos in Wisconsin?

Online Poker Real Money Wisconsin

Those two statutes form the foundation of Wisconsin's largely negative stance on gambling. Casinos are illegal unless they're situated on tribal land and run by the tribes themselves. This exception is based on the Federal Indian Gaming Regulatory Act which passed in 1988. There are currently a number of tribal casinos in operation in Wisconsin offering class 3 casino games – basically everything you'd want from a casino including slot machines, video poker, and all kinds of table games. The legal age for playing in these casinos depends on liquor service; casinos that don't serve liquor can welcome players 18 years of age and older while those that do serve liquor must restrict admittance to players who are least 21.

Is Sports Betting Permitted in WI?

Sports betting takes a funny turn here in Wisconsin. Pari-mutuel betting has been legal for more than half a century, making it perfectly okay for bettors to wager on the outcome of horse or dog races as long as those bets are placed at the race track. The problem is that there are no race tracks currently in operation anywhere in the state. Recently, there has been some lobbying by local tribes to turn the vacant tracks into casinos but so far those attempts have failed.

Wisconsin has a state lottery and it's also a member of the Multi-State Lottery Association (MUSL)2. In house games, which help fund property tax relief for Wisconsin residents (to the tune of more than $3 billion to date), in include Pick 3, Pick 4, Badger 5, SuperCash!, and Wisconsin's Megabucks. MUSL games include Mega Millions and Powerball. Players must be at least 18 years of age to buy a lottery ticket.

Other Forms of Legal Gambling in Wisconsin

Charitable gaming in Wisconsin is limited to bingo games, raffles, and the interestingly named 'duck race raffles' (a raffle in which participants buy the rights to numbered rubber ducks that then race). So-called 'casino nights' are not allowed. These games must be run as part of a nonprofit organization's fundraising efforts and all games require permits issued by the Division of Gaming's Office of Charitable Gaming as well as a seller's permit the organization must get from the Wisconsin Department of Revenue. As of this writing, license fees are $10 per bingo game on top of an annual $5 fee. The state also taxes charitable games at a rate of 1% of the first $30,000 of gross annual bingo receipts and 2% of receipts exceeding $30,000.

Social gambling is not technically allowed but law enforcement tends to turn a blind eye if the games are run purely for non-commercial reasons. Those looking to play under the radar know that it's best if participants are acquainted socially prior to the game and the host must not rake or in any other way make a profit (other than by playing and winning fair and square). Running a commercial gambling enterprise out of one's home or business is illegal and the offender risks misdemeanor charges and a stiff fine.

What Are Wisconsin's Online Poker Laws?

There are no laws in Wisconsin that specifically ban online poker or any other kind of internet gambling but those games are assumed to be illegal under existing gambling laws. Whether there are or not is open to judicial interpretation but there doesn't appear to be much zeal on the part of prosecutors to hunt down and charge casual players.

Many residents head online to offshore gambling sites and play without hesitation and those sites are more than happy to help Wisconsinites open an account. If you have any concerns, we recommend you contact a local attorney who specializes in gambling law so you can get some up-to-date advice that may help you play your poker in peace.

Is it Legal to Play Poker in Wisconsin?

You can legally play poker in Wisconsin at the state's tribal casinos. Many of the casinos have live table play and some have dedicated poker rooms that host periodic poker tournaments. You can also host poker games in your home but that's at your own risk – officials tend to ignore casual private games but they are technically against the law.

Will Wisconsin Regulate Online Poker?

The fact that Wisconsin still hasn't legalized commercial casinos is a major stumbling block in the road towards regulating online poker in the state3. It's almost inevitable that commercial casinos would come before online sites and repeated attempts to approve brick-and-mortar casinos has been met with serious resistance. Those in charge seem happy to let the tribes handle the majority of the state's gambling and those tribes would have concerns about a new online gambling program unless they had a stake in the profits.

One solution would be to link the online casinos with existing tribal operations, perhaps allowing the tribes to offer online poker as an extension of brick-and-mortar play. Casinos in Nevada have already tried out this approach and it appears to be working. Some tribes are already on board with that idea. In 2013, the Lac du Flambeau Band of Lake Superior Chippewa Indians joined up with the Tribal Internet Gaming Alliance to launch their own fun-play iGaming site. More than 2,000 players signed up the first month. Though cash play wasn't allowed, the popularity indicates that there is interest in online gambling in Wisconsin and real evolution is possible.

It's likely that progress in Wisconsin will only come on the back of ongoing change in other U.S. states – if online poker is legalized and begins to thrive around the country Wisconsin may well decide to try it out as well.

History of Gambling in Wisconsin

The push and pull of gambling law in Wisconsin dates all the way back to the institution of the state constitution in 1848 which banned lotteries in all forms. A mere decade later, lawmakers followed up with a new rule that made it impossible for the 'house' (in whatever form that may take) to collect gambling debts owed by those who made losing wagers. By the 1900s, betting of any kind was outlawed.

Charitable gambling was first legalized in 1950. Games were limited to bingo, traditional raffles, and duck raffles.

In 1987, Wisconsin legalized pari-mutuel betting. It's still legal to place pari-mutuel bets at a race track but there are no longer and race tracks operating in the state.

The Wisconsin Lottery launched in 1988. Play was redefined in 1992 when the state banned Video Lottery Terminals and limited legal lottery games to scratch-off tickets, draw games, and pull-tabs.

Following the passage of the Federal Indian Gaming Regulatory Act in 1988, Wisconsin began negotiating gambling compacts with some of the state's federally recognized tribes. The first of those compacts was signed in 1992 and there are now 11 tribes in total who have the legal right to operate casinos.

In 2009, Wisconsin's last race track, Dairyland Greyhound Park4, closed its doors for good as a result of flagging public interest.

Citations - Footnotes

Wisconsin
  • 1 - Wisconsin Legislature: 945 Gambling
  • 2 - Multi-State Lottery Association
  • 3 - Don't Bet on Gambling in Wisconsin Just Yet
  • 4 - Dairyland Greyhound Park calling it quits Dec. 31

Wisconsin is only slightly above average in regards to size, ranked the 20th largest US state by landmass. It also has the 23rd highest population of 5,757,564 (est. 2014), which is comparable to about 2/3rd the population of New Jersey; the most populated state where online poker is regulated. But of all the economic derivatives America’s Dairyland is known for – particularly its mass production of cheese and other dairy products – online poker is not one of them.

The only other states to favor legislation for the regulation and taxation of internet gambling are Delaware and Nevada. However, due to the often ambiguous terminology of state directives, just because something isn’t explicitly authorized by law doesn’t necessarily make it an illegal activity.

Our aim is to examine the legislative body of Wisconsin to determine whether or not online poker appears to be illegal in Wisconsin. We’ll attempt to accomplish that goal by studying the state’s current gambling industry and relative legal climate.

Land-based Gambling in Wisconsin

The first legalized form of gambling in Wisconsin was the ability to wager on promotional contests and sweepstakes in 1965, which evolved into the legalization of charitable bingo in 1973 and charitable raffles in 1977. Pari-mutuel betting on horse, dog and snowmobile races was permitted in 1987 along with the state lottery, which sold its first tickets in 1988

Tribes throughout the Badger State spent years fighting for their right to establish casinos on their respective reservations, even after the federal government passed the IGRA of 1988. They eventually won those rights based on the opinion of then-Attorney General Doyle, who in 1991 delivered the opinion that the term “lottery” encompassed all forms of gambling that contain the three elements of “prize, chance and consideration”. And as per the IGRA, any gambling legal in a state is legal for tribes to offer. Thus, if the state lottery was legal, just about all forms of gambling should be presentable by tribes.

Currently, tribal gambling facilities are the only legal, casino-style establishments in Wisconsin. There are 11 recognized tribes in the state operating 22 casinos, where bingo, slots, video poker, table games and live poker are legally acceptable forms of gambling.

Also worth noting, amidst the tribal gaming disputes, there was a push for legal gambling at up to four state-authorized (and taxable) “floating casinos”. The proposal also included the installment of video gaming machines at taverns. The casinos and tavern licenses would have generated much-needed tax dollars for the state, but the idea was quickly squashed.

Deciphering the Laws of Wisconsin as they relate to Online Poker

The following is a collection of legislative rules that could relate the act of playing online poker for real money. The text below is taken directly from the Wisconsin Statutes, Chapter 945, Gambling.

Poker
SectionTextMeaning (in re online poker)
945.01 Definitions(1) Bet. A bet is a bargain in which the parties agree that, dependent upon chance even though accompanied by some skill, one stands to win or lose something of value specified in the agreement. But a bet does not include:
(a) Bona fide business transactions…
1. Contracts for the purchase or sale…of securities or other commodities…
2. Agreements to compensate for loss [e.g. insurance]…
Playing poker for real money is making a bet.
(5) Lottery. A lottery is an enterprise wherein for a consideration the participants are given an opportunity to win a prize, the award of which is determined by chance, even though accompanied by some skill.Due to former AG Doyle’s 1991 interpretation that “lottery” encompasses all forms of gambling wherein prize, chance and consideration are involved (see Land Based Gambling in Wisconsin above), poker falls under the definition of a “lottery”.
(6) Wire communication facility. “Wire communication facility” means any and all instrumentalities, personnel and services, and among other things the receipt, forwarding or delivery of communications used or useful in the transmission of writings, signs, pictures and sounds of all kinds by means of wire, cable, microwave or other like connection between the points of origin and reception of such transmission.In regards to online poker, this definition would seem to apply to an internet service provider (ISP) or online payment process that facilitates the transfer of information used to place a bet, or money used for betting.
945.02 GamblingWhoever does any of the following is guilty of a Class B misdemeanor:
(1) Makes a bet…
Unless the activity takes place at a state authorized tribal casino or gaming facility, playing poker is a Class B Misdemeanor in Wisconsin, the penalty for which is imprisonment up to 90 days and/or a fine of up to $1,000.
945.03 Commercial Gambling(g) For gain, uses a wire communication facility for the transmission or receipt of information assisting in the placing of a bet or offer to bet on any sporting event or contest, or for the transmission of a wire communication which entitles the recipient to receive money or credit as a result of a bet or offer to bet.This law applies to gambling operators, not gamblers. However, it insinuates that playing online poker for real money is akin to placing a bet with an operator that utilizes a “wire communications facility”.
945.10

Prizes Forfeited

Anything of value received by any person as a prize in any lottery conducted in violation of this chapter shall be forfeited to the state and may be recovered in any proper action brought by the attorney general or any district attorney in the name and on behalf of the state.Since the term “lottery” includes poker games, if convicted for playing illegal online poker, any winnings derived from play can be seized by the state of Wisconsin.

Is Online Poker Illegal in Wisconsin?

Yes. According to the statutes quoted above, online poker does seem to be illegal in Wisconsin, and punishable by law. The only legal forms of gambling are state-authorized Indian Gaming, pari-mutuel betting and licensed games of bingo or raffles held for charitable purposes. Although the original inclusion of “wire communications facility” found in the definitions of gambling was certainly intended to prohibit sports/contest betting by telephone, telegraph, etc., it would easily apply to today’s modern internet technology.

Is Wisconsin working to Legalize Online Poker?

Probably not. There hasn’t been a single piece of legislation or documented debate among state officials referencing the regulation of online poker in Wisconsin. However, there is a glimmer of hope for future discussion based on lobbying from the Lac du Flambeau Band of Lake Superior Chippewa Indians.

In October 2013, the Lac du Flambeau became the first tribe to join the Tribal Internet Gaming Alliance (TIGA). According to their website, “TIGA is an alliance of Indian tribes working collectively to bring internet gaming to Indian Country, within the framework of IGRA and all other state and federal laws.”

While TIGA’s efforts haven’t produced any viable results towards the acceptance of Tribal online gambling in the US, the Lac du Flambeau’s involvement could help bring discussions to the table within the next few years.

Online Poker Players from Wisconsin

There are over 50 known online poker players from Wisconsin, and countless more that we don’t know of. Some of the more successful ones include Christopher “soapnyoureye” Burmeister, Alex “Alex_Striker” Scheurell, Rick “RStenson” Stenson, Matt “P0keSh0w” Schmelzer and Alexander “UcanRiverMe” Hill.

Land-Based Card Rooms in Wisconsin

There are 22 casinos in Wisconsin, all run by the state’s 11 tribal communities, many of which offer live poker rooms for their patrons.

Online Poker Real Money Wisconsin Government

Bad River Lodge & Casino
Odanah, WI
Poker Room: Yes

Grindstone Creek Casino
Hayward, WI
Poker Room: Yes

Ho-Chunk Gaming Black River Falls
Black River Falls, WI
Poker Room: No

Ho-Chunk Gaming Madison
Madison, WI
Poker Room: No

Ho-Chunk Gaming Nekoosa
Nekoosa, WI
Poker Room: Yes

Ho-Chunk Gaming Tomah
Tomah, WI
Poker Room: No

Ho-Chunk Gaming Wisconsin Dells
Baraboo, WI
Poker Room: Yes

Ho-Chunk Gaming Wittenberg
Wittenberg, WI
Poker Room: No

Irene Moore Activity Center
Green Bay, WI
Poker Room: Yes

Online Poker Real Money Wisconsin

Legendary Waters Resort & Casino
Bayfield, WI
Poker Room: Yes

Lac Courte Oreilles Casino, Lodge & Convention Center
Hayward, WI
Poker Room: Yes

Lake of the Torches
Lac du Flambeau, WI
Poker Room: Yes

Wisconsin

Mason Street Casino
Green Bay, WI
Poker Room: Yes

Menominee Casino Resort
Keshena, WI
Poker Room: Yes

Online Poker For Money Wisconsin

Mohican North Star Casino
Bowler, WI
Poker Room: Yes

Mole Lake Casino & Lodge
Mole Lake, WI
Poker Room: No

Oneida Bingo Casino
Green Bay, WI
Poker Room: Yes

Potawatomi Hotel & Casino
Milwaukee, WI
Poker Room: Yes

Potawatomi Northern Lights Bingo and Casino
Carter, WI
Poker Room: No

Online Poker Real Money Wisconsin State

St. Croix Casino Danbury (formerly Hole in the Wall Casino)
Danbury, WI
Poker Room: No

St. Croix Hertel Express (formerly Little Turtle Hertel Express)
Webster, WI
Poker Room: No

St. Croix Casino Turtle Lake
Turtle Lake, WI
Poker Room: Yes

Online Poker Real Money Wisconsin

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