How is the gambling/betting industry regulated in the US?
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The legality of gambling in the United States of America can be a minefield and one that is rather difficult to understand unless you are well versed in American law.
However, it is important to know and understand all of the legal requirements and laws that must be followed when it comes down to these specific activities, as there are many different and key aspects to it that means everybody needs to be aware.
Laws and regulation have continued to evolve
Whilst gambling is actually restricted in the United States of America, its popularity has continued to grow and increase over the last few years as perceptions about the activity has continued to change and become more favorable with many.
Originally, the laws restricting gambling date back to when the first settlers arrived stateside, as these were the first group of people to bring these types of games to their attention. For instance, lotteries were used as a means to increase funding and revenues in order to improve communities by building educational institutions such as universities.
However, through time, a negative perception of gambling rapidly spread across the United States of America, until the middle of the 20th century, when Nevada experienced a huge boom in gambling, which has led us to where we are today.
Laws and regulations can be a little confusing
Gambling is a legal activity under US Federal law, therefore making the activity allowed to take place and not widely banned, however, there are some complexities to American law that do not make it as easy to gamble as it would seem.
Each state has the right to introduce their own laws and govern themselves in a certain way that they deem fit, which also pertains to the laws that are involved around gambling and its online form. This means each state is free to regulate the activity, or they are free to strictly prohibit it from taking place within their borders.
Currently, only the states of Nevada and Louisiana are the only ones where casino-style gambling is allowed to happen statewide, as both state and local governments have the power to impose licensing and zoning restrictions where they deem fit. There are other states that allow for casino-style gambling to take place within their borders, however they have ruled that they can allow for certain activities to take place in certain geographical areas. The biggest example of this is perhaps the failed attempt to make Atlantic City the new Las Vegas for New Jersey bettors, as the rest of the state had prohibited the activity.
The gambling and betting industry also finds itself in a tricky position when it comes to being regulated in the United States of America when American Indian reservations and tribes are involved. Laws allow for tribes to open casinos, although this has caused concerns in certain states that do not allow gambling to actually happen within their borders.
Online gambling has its own challenges
With the rise of online gambling, the regulation has become a lot stricter and tighter in recent years. Whilst the introduction of the Unlawful Internet Gambling Enforcement Act of 2006 (UIEGA) did not specifically outlaw online gambling, it did outlaw financial transactions that involved online gaming services, therefore turning online gaming into a video game that did not allow real prizes to be obtained. This has led to many operators going overseas and setting up base, as they are then not essentially prohibited from offering their services.
As can be seen, whilst gambling can be seen as being legal in a number of different states across the United States of America, only a few forms have been permitted, thus highlighting just how highly regulated the gambling and betting industry is in the US.
