Kansas Gambling Laws & Legal Age to Gamble (2024)

Kansas Statutes 21-4303 define illegal gambling is “making a bet, or entering or remaining in a gambling place with intent to make a bet, to participate in a lottery, or to play a gambling device.”

Placing a bet via an illegal gambling operation is a "crime against public morals" in Kansas, a class B nonperson misdemeanor which, on conviction, could result in a sentence of up to six months in jail and a fine of up to $1,000.

Most matters related to illegal gambling are covered by Kansas Statutes 21-64: Crimes Against the Public Morals. Regulations about lottery games, pari-mutuel racing, and tribal gaming oversight can be found in Kansas Statutes 74-87, 74-88, and 74-98. The minimum gambling age is 18 for lottery games, bingo, and raffles, and 21 for casino-style games.

Gambling in Kansas is generally prohibited unless specifically authorized by the state.

State-sanctioned gambling is managed and regulated by the Kansas Racing and Gaming Commission.

Authorized forms of gambling include casino-style games (both tribal and non-tribal), land-based and mobile sports betting, lottery games, charitable bingo and raffles, DFS contests, and pari-mutuel betting.

Online Gambling in Kansas

While the Kansas Statutes don’t address the issue of online gambling directly, the legislature has never legalized or regulated online casinos or online poker. Mobile sports betting and DFS are legal, however, more of which below.

According to Section 21 of the Kansas code, operating unlicensed online gambling services is most definitely illegal. But the legal status of individual players gambling on offshore sites is somewhat ambiguous since the Kansas Statutes predate the internet and do not explicitly refer to online gambling. State authorities have never prosecuted anyone for gambling online, and many offshore operators accept Kansas players.

Kansas Casino

Casino-style gaming used to be all about tribal casinos, which have operated class III gaming from their reservations since the mid-1990s. But in 2007, the state government enacted the Kansas Expanded Lottery Act, which authorized private developers to build four land-based casinos under contract with the Kansas Lottery.

Today, Kansas residents enjoy access to nine gambling establishments, which are located in Kansas City (7th Street Casino and Hollywood Casino Kansas Speedway), Dodge City (Boot Hill Casino), Horton (Golden Eagle Casino), Mayetta (Prairie Band Casino & Resort, Kansas Star Casino), Pittsburg (Kansas Crossing Casino and Hotel), Powhattan (Sac and Fox Casino), and White Cloud (Casino White Cloud).

Kansas Poker

Kansas residents enjoy access to three land-based poker rooms operated by the local casinos: Hollywood Casino Kansas Speedway (12 tables, cash games, and tourneys), Kansas Star Casino (six tables, cash games, and tourneys), and Boot Hill Casino (six tables, cash games only). As expected from venues of this size, No-Limit Hold'em is the name of the game at most tables, although finding a Pot-Limit Omaha or Limit Hold ’em game isn’t an issue.

Kansas poker players who want to play online have a choice of social gaming sites or playing on real-money offshore sites that accept Kansas players.

Kansas Sports Betting

The Kansas legislature legalized land-based and mobile sports betting in 2022, with retail sportbooks launching at the state's commercial casinos later in the year. The four state-licensed venues were also each permitted to partner with up to three online sportsbooks. At the time of writing, there are six online sport betting sites in Kansas, including DraftKings, FanDuel, and BetMGM.

Kansas Parimutuel Betting

Parimutuel horse and dog race betting is legal in the Sunflower State, but as of August 2008, all licenses have been revoked. This followed a series of track closures brought on by the dwindling popularity of racing in the state.

Kansas Daily Fantasy Sports

Governor Sam Brownback signed the Kansas DFS bill in May 2015 after gaining the overwhelming approval of the House and Senate. It excludes DFS leagues from the definition of a “bet” as long as they meet certain conditions. These are that all prizes and awards must be made known to participants in advance of the game, and the winning outcomes must reflect the participants’ knowledge and skill. They cannot be based on score, point spread, or the performance of individual athletes.

This means that Kansas residents have access to all the popular DFS platforms, such as FanDuel, DraftKings, or Yahoo DFS.

Kansas Lotteries

Founded in 1987, the Kansas Lottery is a charter member of the Multi-State Lottery Association. Thus, Kansas residents enjoy access to both local and multi-state draw games, including Mega Millions, Powerball, and Lucky for Life.

The Kansas Lottery offers daily draw games, scratchers, pull-tabs, Keno, and raffles. Lottery customers can take advantage of several promotions, such as Second Chance drawings and the PlayOn loyalty program. The Kansas Lottery isn’t allowed to offer its products over the internet, so all tickets must be purchased directly from land-based retailers.

Kansas Gambling FAQ

Does Kansas have casinos?

Yes, there are nine casinos in Kansas. Four are licensed by the state. The rest are tribal venues.

Does Kansas have online gaming?

Yes and no. Online sports betting and DFS are legal. Kansas has not legalized or regulated online casino gaming or poker.

Does Kansas have sports betting?

Yes, Kansas legalized sports betting at its casinos and via mobile apps in 2022.

Does Kansas have a lottery?

Yes, the Kansas Lottery offers local and multistate draws and scratch-off cards.

Can I play poker in Kansas?

Yes, live poker is available at several Kansas casinos. The state does not license or regulate online poker, but many offshore sites accept Kansas poker players.

Can I play bingo in Kansas?

Yes, Kansas charitable gaming laws permit licensees to offer bingo and raffles.

What's the legal age for gambling in Kansas?

It's 21 for casino gaming and sports betting and 18 for the lottery and charitable gaming.

Constitution of the State of Kansas

Article 15.–MISCELLANEOUS

§ 3a: Regulation, licensing and taxation of “bingo” games authorized.

Notwithstanding the provisions of section 3 of article 15 of the constitution of the state of Kansas the legislature may regulate, license and tax the operation or conduct of games of bingo and instant bingo, as defined by law, by bona fide nonprofit religious, charitable, fraternal, educational and veterans organizations.

§ 3b: Regulation, licensing and taxation of horse and dog racing and parimutuel wagering thereon.

Notwithstanding the provisions of section 3 of article 15 of the constitution of the state of Kansas, the legislature may permit, regulate, license and tax, at a rate not less than 3% nor more than 6% of all money wagered, the operation or conduct, by bona fide nonprofit organizations, of horse and dog racing and parimutuel wagering thereon in any county in which: (a) A majority of the qualified electors of the county voting thereon approve this proposed amendment; or (b) the qualified electors of the county approve a proposition, by a majority vote of those voting thereon at an election held within the county, to permit such racing and wagering within the boundaries of the county. No off-track betting shall be permitted in connection with horse and dog racing permitted pursuant to this section.

 § 3c: State-owned and operated lottery.

Notwithstanding the provisions of section 3 of article 15 of the constitution of the state of Kansas, the legislature may provide for a state-owned and operated lottery, except that such state-owned lottery shall not be operated after June 30, 1990, unless authorized to be operated after such date by a concurrent resolution approved by a majority of all of the members elected (or appointed) and qualified of each house and adopted in the 1990 regular session of the legislature. The state shall whenever possible provide the public information on the odds of winning a prize or prizes in a lottery game.

Kansas Statutes

21-6403. Gambling; definitions.

As used in K.S.A. 2014 Supp. 21-6403 through 21-6409, and amendments thereto:

(a) “Bet” means a bargain in which the parties agree that, dependent upon chance, one stands to win or lose something of value specified in the agreement. A bet does not include:

(1) Bona fide business transactions which are valid under the law of contracts including, but not limited to, contracts for the purchase or sale at a future date of securities or other commodities, and agreements to compensation for loss caused by the happening of the chance including, but not limited to, contracts of indemnity or guaranty and life or health and accident insurance;

(2) offers of purses, prizes or premiums to the actual contestants in any bona fide contest for the determination of skill, speed, strength or endurance or to the bona fide owners of animals or vehicles entered in such a contest;

(3) a lottery as defined in this section;

(4) any bingo game by or for participants managed, operated or conducted in accordance with the laws of the state of Kansas by an organization licensed by the state of Kansas to manage, operate or conduct games of bingo;

(5) a lottery operated by the state pursuant to the Kansas lottery act;

(6) any system of parimutuel wagering managed, operated and conducted in accordance with the Kansas parimutuel racing act;

(7) tribal gaming;

(8) charitable raffles as defined by section 3, and amendments thereto; or

(9) a fantasy sports league as defined in this section;

(b) “lottery” means an enterprise wherein for a consideration the participants are given an opportunity to win a prize, the award of which is determined by chance. A lottery does not include:

(1) A lottery operated by the state pursuant to the Kansas lottery act; or

(2) tribal gaming;

(c) “consideration” means anything which is a commercial or financial advantage to the promoter or a disadvantage to any participant. Mere registration without purchase of goods or services; personal attendance at places or events, without payment of an admission price or fee; listening to or watching radio and television programs; answering the telephone or making a telephone call and acts of like nature are not consideration. “Consideration” shall not include sums of money paid by or for:

(1) Participants in any bingo game managed, operated or conducted in accordance with the laws of the state of Kansas by any bona fide nonprofit religious, charitable, fraternal, educational or veteran organization licensed to manage, operate or conduct bingo games under the laws of the state of Kansas and it shall be conclusively presumed that such sums paid by or for such participants were intended by such participants to be for the benefit of the sponsoring organizations for the use of such sponsoring organizations in furthering the purposes of such sponsoring organizations, as set forth in the appropriate paragraphs of section 501(c) or (d) of the internal revenue code of 1986 and as set forth in K.S.A. 79-4701, and amendments thereto;

(2) participants in any lottery operated by the state pursuant to the Kansas lottery act;

(3) participants in any system of parimutuel wagering managed, operated and conducted in accordance with the Kansas parimutuel racing act; or

(4) a person to participate in tribal gaming;

(d) “fantasy sports league” means any fantasy or simulation sports game or contest in which no fantasy or simulation sports team is based on the current membership of an actual team that is a member of an amateur or professional sports organization and that meets the following conditions:

(1) All prizes and awards offered to winning participants are established and made known to the participants in advance of the game or contest and their value is not determined by the number of participants or the amount of any fees paid by those participants;

(2) all winning outcomes reflect the relative knowledge and skill of the participants and are determined predominantly by accumulated statistical results of the performance of individual athletes in multiple real-world sporting events; and

(3) no winning outcome is based:

(A) On the score, point spread or any performance or performances of any single real-world team or any combination of such teams; or

(B) solely on any single performance of an individual athlete in any single real-world sporting event.

(e)

(1) “gambling device” means any:

(A) So-called “slot machine” or any other machine, mechanical device, electronic device or other contrivance an essential part of which is a drum or reel with insignia thereon, and:

(i) Which when operated may deliver, as the result of chance, any money or property; or

(ii) by the operation of which a person may become entitled to receive, as the result of chance, any money or property;

(B) other machine, mechanical device, electronic device or other contrivance including, but not limited to, roulette wheels and similar devices, which are equipped with or designed to accommodate the addition of a mechanism that enables accumulated credits to be removed, is equipped with or designed to accommodate a mechanism to record the number of credits removed or is otherwise designed, manufactured or altered primarily for use in connection with gambling, and:

(i) Which when operated may deliver, as the result of chance, any money or property; or

(ii) by the operation of which a person may become entitled to receive, as the result of chance, any money or property;

(C) subassembly or essential part intended to be used in connection with any such machine, mechanical device, electronic device or other contrivance, but which is not attached to any such machine, mechanical device, electronic device or other contrivance as a constituent part; or

(D) any token, chip, paper, receipt or other document which evidences, purports to evidence or is designed to evidence participation in a lottery or the making of a bet.

The fact that the prize is not automatically paid by the device does not affect its character as a gambling device.

(2) “Gambling device” shall not include:

(A) Any machine, mechanical device, electronic device or other contrivance used or for use by a licensee of the Kansas racing commission as authorized by law and rules and regulations adopted by the commission or by the Kansas lottery or Kansas lottery retailers as authorized by law and rules and regulations adopted by the Kansas lottery commission;

(B) any machine, mechanical device, electronic device or other contrivance, such as a coin-operated bowling alley, shuffleboard, marble machine, a so-called pinball machine, or mechanical gun, which is not designed and manufactured primarily for use in connection with gambling, and:

(i) Which when operated does not deliver, as a result of chance, any money; or

(ii) by the operation of which a person may not become entitled to receive, as the result of the application of an element of chance, any money;

(C) any so-called claw, crane or digger machine and similar devices which are designed and manufactured primarily for use at carnivals or county or state fairs; or

(D) any machine, mechanical device, electronic device or other contrivance used in tribal gaming;

(f) “gambling place” means any place, room, building, vehicle, tent or location which is used for any of the following: Making and settling bets; receiving, holding, recording or forwarding bets or offers to bet; conducting lotteries; or playing gambling devices. Evidence that the place has a general reputation as a gambling place or that, at or about the time in question, it was frequently visited by persons known to be commercial gamblers or known as frequenters of gambling places is admissible on the issue of whether it is a gambling place;

(g) “tribal gaming” means the same as in K.S.A. 74-9802, and amendments thereto; and

(h) “tribal gaming commission” means the same as in K.S.A. 74-9802, and amendments thereto.

21-4303. Gambling.

Gambling is:
(a) Making a bet; or
(b) Entering or remaining in a gambling place with intent to make a bet, to participate in a lottery, or to play a gambling device.

Gambling is a class B nonperson misdemeanor.

21-4303a. Illegal bingo operation.

(a) Illegal bingo operation is the management, operation or conduct of games of bingo in violation of the laws of the state of Kansas pertaining to the regulation, licensing and taxing of games of bingo or rules and regulations adopted pursuant thereto. Illegal bingo operation is a class A nonperson misdemeanor.
(b) This section shall be a part of and supplemental to the Kansas criminal code.

21-4304. Commercial gambling.

Commercial gambling is:
(a) Operating or receiving all or part of the earnings of a gambling place;
(b) Receiving, recording, or forwarding bets or offers to bet or, with intent to receive, record, or forward bets or offers to bet, possessing facilities to do so;
(c) For gain, becoming a custodian of anything of value bet or offered to be bet;
(d) Conducting a lottery, or with intent to conduct a lottery possessing facilities to do so; or
(e) Setting up for use or collecting the proceeds of any gambling device.

Commercial gambling is a severity level 8, nonperson felony.

21-4305. Permitting premises to be used for commercial gambling.

 Permitting premises to be used for commercial gambling is intentionally:
(a) Granting the use or allowing the continued use of a place as a gambling place; or
(b) Permitting another to set up a gambling device for use in a place under the offender’s control.

Permitting premises to be used for commercial gambling is a class B nonperson misdemeanor.

21-4306. Dealing in gambling devices.

(a) Dealing in gambling devices is manufacturing, transferring or possessing with intent to transfer any gambling device or sub-assembly or essential part thereof.
(b) Proof of possession of any device designed exclusively for gambling purposes, which device is not set up for use or which is not in a gambling place, creates a presumption of possession with intent to transfer.
(c) Dealing in gambling devices is a severity level 8, nonperson felony.
(d) It shall be a defense to a prosecution under this section that the gambling device is an antique slot machine and that the antique slot machine was not operated for gambling purposes while in the owner’s or the defendant’s possession. A slot machine shall be deemed an antique slot machine if it was manufactured prior to the year 1950….

21-4307. Possession of a gambling device.

(a) Possession of a gambling device is knowingly possessing or having custody or control, as owner, lessee, agent, employee, bailee, or otherwise, of any gambling device.
Possession of a gambling device is a class B nonperson misdemeanor.

(b) It shall be a defense to a prosecution under this section that the gambling device is an antique slot machine and that the antique slot machine was not operated for gambling purposes while in the owner’s or the defendant’s possession. A slot machine shall be deemed an antique slot machine if it was manufactured prior to the year 1950.

(c) It shall be a defense to a prosecution under this section that the gambling device is possessed or under custody or control of a manufacturer registered under the federal gambling devices act of 1962 (15 U.S.C. 1171 et seq.) or a transporter under contract with such manufacturer with intent to transfer for use:
(1) By the Kansas lottery or Kansas lottery retailers as authorized by law and rules and regulations adopted by the Kansas lottery commission;
(2) by a licensee of the Kansas racing commission as authorized by law and rules and regulations adopted by the commission;
(3) in a state other than the state of Kansas; or
(4) in tribal gaming.

For more information on Kansas statutes see:
http://www.krgc.ks.gov/index.php/racing-gaming-law/illegal-gambling/criminal-nuisance-statutes-2