Online Casinos in Massachusetts

Massachusetts Licenses Casinos, Not Online Casinos

Massachusetts writes its gambling law as a prohibition with two named exceptions. Chapter 271 section 5 of the General Laws begins "Section 5. Whoever, except as permitted under chapters 23K and 23N, keeps or assists in keeping a common gaming house, or building or place occupied, used or kept for the purposes described in section twenty-three, or is found playing or present as provided in said section, or commonly keeps or suffers to be kept, in a building or place actually used and occupied by him, tables or other apparatus for the purpose of playing at an unlawful game or sport for money or any other valuable thing, shall be punished by a fine of not more than fifty dollars or by imprisonment for not more than three months." The gambling device section carries the same formula, applying only "for licensed gaming conducted under chapter 23K or sports wagering conducted pursuant to chapter 23N."

Chapter 23K, the first exception, is about buildings. A "''Gaming license'', a license issued by the commission that permits the licensee to operate a gaming establishment.", and a "''Gaming establishment'', the premises approved under a gaming license which includes a gaming area and any other nongaming structure related to the gaming area and may include, but shall not be limited to, hotels, restaurants or other amenities." There is no online casino licence in Massachusetts and no exception an online casino could sit inside. This site does not point readers at operators that are not licensed where they are.

Online Sports Betting Is Licensed, Online Casino Is Not

The second exception is sports wagering, and it is explicitly an internet product. Chapter 23N section 2 provides: "Section 2. Notwithstanding any general or special law to the contrary, the operation of sports wagering and ancillary activities shall be lawful when conducted in accordance with this chapter and the rules and regulations of the commission." One of the three operator licences is for online operation alone — a category 3 licence is "a license issued by the commission that permits the operation of sports wagering through a mobile application and other digital platforms approved by the commission." Holders may "accept wagers on sports events and other events authorized pursuant to this chapter from individuals physically located within the commonwealth using mobile applications or digital platforms approved by the commission, through the patron's sports wagering account."

That decision was made for sports wagering and for nothing else. A reader who uses a licensed betting app in Massachusetts should not infer that online slots or table games are licensed there, because they are not.

Sweepstakes Casinos Are Addressed by Their Own Section

Massachusetts is unusual in having a provision aimed at the sweepstakes model rather than at gambling in general. Chapter 271 section 5B provides: "(b) It shall be unlawful for any person to knowingly possess with the intent to operate, or place into operation, an electronic machine or device to: (1) conduct a sweepstakes through the use of an entertaining display, including the entry process or the reveal of a prize; or (2) promote a sweepstakes that is conducted through the use of an entertaining display, including the entry process or the reveal of a prize."

Its definitions are what make it bite on a dual-currency product. "Sweepstakes" is "''Sweepstakes'', any game, advertising scheme or plan, or other promotion, which, with or without payment of any consideration, a person may enter to win or become eligible to receive any prize, the determination of which is based upon chance.", so a free-entry route does not place a product outside the section. An "''Entertaining display'', any visual information, capable of being seen by a sweepstakes entrant, that takes the form of actual game play or simulated game play." And the machine or device may, among other things, "(1) be server-based" and "(13) be a slot machine or other form of electrical, mechanical, or computer game". The exceptions in subsection (c) are for the state lottery, pari-mutuel wagering, bingo, charitable gaming, chapters 23K and 23N, and certain grocery retailer promotions.

Sweepstakes casinos and real-money casinos are separate products and neither is presented here as a licensed version of the other.

Who Regulates, and the Minimum Age

One body covers both licensed verticals: "The mission of the Massachusetts Gaming Commission is to regulate the legal casino, horse racing, and sports wagering industries with integrity and transparency." In the statute it is "''Commission'', the Massachusetts gaming commission established in section 3." The adjacent products sit elsewhere: "Daily Fantasy Sports (DFS) are regulated in the Commonwealth of Massachusetts by the Office of the Attorney General."

The minimum age is 21 for both. For casinos, "Section 43. (a) Whoever, being under 21 years old, plays, places wagers at or collects winnings from, whether personally or through an agent, a game in a gaming establishment shall be punished by a fine not to exceed $1,000." For sports wagering, "(d) An operator shall not accept: (i) a wager from a person who is less than 21 years of age; or (ii) a credit card."