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May 2nd, 2018 | Last updated on December 17th, 2018
Oregon Online Poker & Gambling Laws
Last Updated December 17, 2018

Oregon has no shortage of colorful online poker pros who call the state home. In fact, the entire Northwest region has been something of an online poker hotspot over the last decade, with big name after big name emerging from Oregon and neighboring states to claim some of poker’s biggest titles.

We get readers every day who want to know how they can add their name to that list, and while we can’t make you a better poker player, we can dramatically simplify the process of getting your online poker career started with this Oregon Poker Players Guide to Real-Money Games Online.

Current Updates for Oregon’s Poker & Gambling Laws

Rooms

Poker entrepreneurs in Oregon have figured out a way to offer live poker. Under the law that allows social gaming, poker rooms have appeared throughout the state. Without charging rake or tournament fees, the owners assert that they are not operating for-profit rooms, only charging door fees and making money from food and drink orders in order to stay in business.

One such poker room operates at the Portland Meadows racetrack. But the Oregon Lottery has been threatening to remove its 10 video lottery terminals from the track if the poker room is not closed. It knows that the racetrack makes $350,000 on commission from the machines’ revenue, so it began threatening to remove the machines in early 2017.

Portland Meadows’ attorney repeatedly asserted that the poker room complied with state laws. The case went on until May 2018, when Oregon Lottery Director Barry Pack delivered a final ruling in the matter. By way of undercover research, the Lottery determined players exchange money for chips, which means the poker room acts as a bank, which violates the law. In addition, the door fee serves as income, which is a violation of the lease for the machines.

As of June 2018, 2018, Portland Meadows is considering taking the case to the Oregon Court of Appeals.

Oregon Gambling & Poker Laws Summarized

Type/CodeSummary
State Code Section(s)4.167.108-167; 11.462-464
Definition of Internet Gambling ProhibitionA person engaged in an internet gambling business may not knowingly accept, in connection with the participation of another person in unlawful gambling using the internet, credit, an electronic funds transfer, any check, draft or similar instrument through any financial institution or any other form of financial transaction that involves a financial institution as a payor or financial intermediary on behalf of or for the benefit of the other person.
Definition of InternetAn interactive computer service or system or an information service, system or access software provider that provides or enables computer access by multiple users to a computer server and includes, but is not limited to, an information service, system or access software provider that provides access to a network system commonly known as the Internet, or any comparable system or service and also includes, but is not limited to a World Wide Web page, newsgroup, message board, mailing list or chat area on any interactive computer service or system or other online service.
Definition of GamblingA person stakes or risks something of value upon the outcome of a contest of chance or a future contingent event not under the control or influence of the person, upon an agreement or understanding that the person or someone else will receive something of value in the event of a certain outcome, excluding social games.
Definition of Contest of ChanceAny contest, game, gaming scheme or gaming device in which the outcome depends in a material degree upon an element of chance, notwithstanding that skill of the contestants may also be a factor therein.
Online Poker/GamblingThere have been no serious proposals by legislators seeking to legalize online poker. The prohibitive language in the current Oregon code indicates a strong stance against online gaming.
Live PokerThere are live poker rooms in many of the Native American casinos. There are other card clubs in large cities in Oregon that operate as membership clubs per their assertion that poker is a game of skill and exempted from current laws that prohibit games of chance. The courts are likely to decide the issue in the end.
CasinosThere are several Native American tribes that signed compacts with Oregon per IGRA to operate casinos, and many of them offer table games as well as slots.
Sports BettingNo lawmakers have attempted to legalize sports betting.
DFSA bill to exempt daily fantasy sports from current gambling prohibitions in 2017 failed to pass the legislature.
Other Forms of GamblingLicensed horse racing and mutuel wagering, off-track pari-mutuel betting, lottery, charitable gambling, social games.

Facts About Online Poker in Oregon

“Best” is obviously a subjective term, but we do our darndest as reviewers to come as close to objectivity as possible when evaluating online poker sites open to players from Oregon. There are some elements of an online poker that can be quantified – traffic, promotions, rake – and we definitely consider all of those. There are also more amorphous qualities – reputation, game softness and support – that we grade as rigidly as possible in our overall review.

Poker Sites Open to Players From Your State
Bovada$500 Bonus3-4 Day PayoutsAccepts Visa, Bitcoin, Wires
Ignition$2000 Bonus3-4 Day PayoutsAccepts Visa, Bitcoin, Wires

Oregon Poker Rooms

Is Online Poker Legal in Oregon?

Playing at real-money online poker sites in Oregon is about as uncomplicated as any other online commercial transaction. As you know, there are particular sites (listed above) that we strongly suggest you try first, but the list of Oregon-friendly online poker rooms doesn’t cover all of the sites that welcome players from Oregon.

As for depositing at an online poker room, Oregon players will find a variety of available methods, with major credit cards and cash transfers serving as the two most commonly used options.

Oregon Law and Online Gambling / Poker

It’s important for you to understand that legal advice cannot – and should not – come from a site like ours. If you’ve seen sites that declare online poker to be “100% legal” or similar claims, then you’ve come across sources that simply aren’t being honest with you.

The honest answer is that gambling law, especially as it applies to gambling online, is a complicated subject best left to the specialists. What we try to do is provide a basic snapshot of a state’s laws and then point you in the direction of additional resources that can further your research. Ultimately, any research about the legality of an action should end with a consultation involving a lawyer, preferably one with experience in the gambling law arena.

Here are some basic aspects of Oregon gambling laws that poker players should be aware of:

Oregon law does directly address online gambling, so let’s start there. Section 167.109:

“Internet gambling,” essentially makes it a felony to accept payments related to “the participation of another person in unlawful gambling using the Internet.”

What the section does not appear to do is criminalize the actions of individual gamblers or poker players. Our non-professional reading of the law can find no mention of players in Section 167.109.

The next logical question poker players have at this point is how Oregon defines gambling. It’s the standard definition employed by multiple state in America – risking a valuable thing on a contest of chance an outcome outside of one’s influence with the expectation that some other valuable thing could be gained (Section 167.117(7)).

Oregon law is more helpful than some in that it actually provides a further definition of what a contest must involve in order to be classified as one of chance. Specifically, it’s when the: “outcome depends in a material degree upon an element of chance, notwithstanding that skill of the contestants may also be a factor” (Section 167.117(6)).

Social games fall outside the purview of Oregon gambling law, per Section 167.117(7c) (the definition of “gambling”) and Section 167.117(21) (the definition of “social game”).

One last item of note for Oregon gamblers: there is a charge reserved for players in Oregon law. Section 167.122 assigns a misdemeanor charge to anyone who “participates or engages in unlawful gambling as a player.”

The next step: Review the state law of Oregon yourself. You can find a copy of the state statutes online at the link below.

Is Oregon Planning to Regulate Online Poker?

The chances in the status quo seem minimal, although anything is possible when you start talking about state politics. Things generally move at a quicker pace on the state level, so it’s entirely reasonable to argue that Oregon could propose and pass a bill to regulate online poker in relatively short order. Reasonable and likely are two different beasts, however, and as it stands Oregon is heavy on potential and light on concrete progress toward regulating poker played online.

Oregon Gambling Facts

The heart of regulated gambling in Oregon are the state’s double-digit tribal casinos, which offer visitors a selection of gambling options comparable to a Las Vegas or Atlantic City casino. Charitable gambling is also a strong presence in the state, with a wide swath of permitted activities like bingo and casino-style table games. The state lottery and pari-mutuel wagering round out the regulated gambling lineup for Oregon.

Does Oregon Offer any State-Regulated Online Gambling?

While gamblers from Oregon would no doubt prefer to patronize sites that bore the official seal of the state government, that’s simply not possible in the status quo. While there may be some individual online gambling formats that are acceptable under Oregon law, the state does not directly oversee or in any way regulate online gambling.

All Poker and Gambling Laws by State

  • June 20th, 2018

    Poker in Oregon is in a state of flux. And it may be the Oregon Court of Appeals that decides the fate of more than a dozen live poker rooms across the state. After nearly two years of warring with words and threats, the Oregon Lottery took a stand against

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  • October 3rd, 2017

    As in many states in America, laws relating to poker in Oregon are complicated. That makes the situation between Portland Meadows and the Oregon Lottery even more problematic as it pertains to the legality of poker rooms. The yearlong battle is coming to a head at the end of October,

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Oregon Gambling Resources

Oregon Department of Justice – Charitable Gaming Division. The State DoJ handles charitable gambling in Oregon, and the page for their Charitable Gaming Division highlights the basics regarding compliance and provides a database of licensed operators.

Oregon Casino Initiatives – BallotPedia. Excellent resource for learning more about the history, context and outcome of Oregon’s recently-defeated ballot measure that sought to bring commercial casinos to the state.

Conscious experiences are always accompanied by a self-component. Gambling is a brain disease.

Oregon.gov – Problem Gambling Services. State-backed resource for problem gambling information, including extensive literature, training tools and helpline details from the award-winning Oregon Department of Human Services.

Sources & Citations For This Article on Oregon Online Poker

In July, the city of Portland sent letters to 15 area poker rooms saying that “designated dealers” are not allowed under state law. The move put the future of the city’s vibrant poker scene, which includes roughly 200 dealers, in serious jeopardy.

There’s no official number on the size of the poker market there, but it’s estimated to be as large as several million dollars annually.

Six years ago, the state attorney general’s office said that the poker dealers cannot earn wages. So to get around that law, dealers were paid only in tips. The city of Portland let this go for several years, but a recent opinion by the Oregon Department of Labor suggested that dealers should be considered employees, not volunteers. Some dealers filed complaints over not making at least minimum wage, which eventually led to Portland saying it was going to begin enforcing the old state codes. The Oregon Department of Labor brought the wage issue to a head recently thanks to a potential class-action lawsuit on behalf of some dealers.

In other words, players in the games must deal themselves, because now the dealers cannot either be employees or volunteers. The state’s stance on the games is in conflict with what Portland was allowing. Anyone who plays poker will know that having the deck rotate around the table can not only slow the game down but also compromise the integrity of the game.

Poker In Portland Oregon

Oregon’s constitution has a prohibition on nontribal casino-style gambling, so that’s why poker in Portland has been considered a form of “social gaming,” a label that has been applied to similar businesses in Austin, Texas, where commercial casinos are also banned.

The situation is threatening the business model of the Portland clubs, where the revenue comes from entrance fees, usually just $10, and food and drink sales, rather than a rake. Clubs offered daily tournaments, where 100 percent of the prize pool went to the players. The clubs tried to make sure the dealers didn’t meet the legal definition of an employee so they could be paid just in tips. According to Chris Vetter, co-director of the political action committee Save Oregon Poker, a Portland poker dealer typically made $14 an hour.

“If dealers are considered employees and clubs are forced to pay them a minimum wage — while not being allowed to collect revenue for wages from tournament prize pools — the poker industry is likely to vanish in our state,” Vetter said.

The card game scene in the area is highly regarded by the people who frequent the games.

“The poker scene in Portland was a paradise for players,” Vetter said. “Unlike Las Vegas or Atlantic City, the skill level of players in Portland was mediocre, increasing the odds that skilled players could excel. The clubs were spacious and comfortable. Our social gaming scene was arguably the best place to play poker in the country.”

This scene has been under threat for years. According to Vetter, a bill was on the table in the legislature in 2013 that would have closed all the poker clubs. Fortunately, the bill, which Vetter said was backed by Washington state casinos, didn’t gain enough traction and fell by the wayside.

Encore Portland Maine

Portland was persuaded by the local poker industry to delay enforcement of the codes to give “additional time to pursue long-overdue reforms to the state social gaming codes to clarify inconsistencies in the law,” Vetter said. However, a lobbying effort to get favorable state legislation passed has so far been unsuccessful.

“Unfortunately, the Indian casinos and La Center pressured a few legislators, and the bill died in committee without ever really being considered,” Vetter said. “It is also worth noting that [the] bill would have enabled clubs to hire dealers as legal employees, and would have resolved all the issues currently troubling the city, clubs and dealers.”

Right now, legal solutions are being explored to help save the games. Most clubs have stuck with permanent dealers and have continued business as usual in the meantime, but the dark cloud above the poker scene remains.

“Anyone who owns a poker room in Portland lives in a state of high anxiety,” Vetter said. “The laws are vague. Codes are inconsistently or subjectively enforced. There are multiple regulators at different levels of government. Some owners are more optimistic than others. Some believe the city will not enforce the codes. Others believe a workaround can be found.”

One poker room that closed just a day after the letters went out in July was a club called Encore (also known as PDX Poker Club). According to Vetter, Encore was the “Death Star of Oregon poker” because it was the highest grossing, with hundreds of thousands of dollars in annual revenue. It is facing a $59,000 fine from the state over the wage issue.

“Regulators and civil litigants forced the club to close almost overnight,” Vetter said. “The three largest clubs in Portland are now The Game, Final Table and Portland Meadows.”

Encore’s owner, John Ogai, passed away unexpectedly last month. Vetter said Ogai, who invested everything he had into Encore, was “despondent and aloof” in the wake of the city’s poker crackdown. Ogai’s business is also potentially on the hook for back wages. “Sadly, the stress of the class-action lawsuit likely played a role in the death of my friend,” Vetter said. “He was overwhelmed by stress and the prospective death of his company weighed oppressively on him for months.”

The state’s case against Encore was moving forward this summer.

“It’s clear that based on the facts with Encore, that our investigators showed a clear pattern, that the 59 poker dealers were workers and employees entitled to minimum wage and that’s what we intend to prove in October,” Charlie Burr, spokesman for the Oregon Bureau of Labor and Industries, told KGW.

Portland has a reputation for sometimes being unfriendly to business, because of the city’s taxes and policies. However, the poker situation has “little to do” with Portland’s “austere business climate,” Vetter said.

“Anti-poker initiatives…have…more to do with opposition from competitors in Washington and from Indian casinos,” Vetter said. “These groups outspent us dramatically on lobbying and played a role in most of the legal activity meddling with our freedom to play. Lawmakers see no obvious political advantage in championing poker and are largely apathetic about our cause. We do not have an obvious champion in Salem with the clout to protect the industry.”

What is to be done?

While the games are in limbo, Vetter believes club owners should try to unite behind a new, single lobbying effort to begin building political support. This would be made easier by the city deciding to again delay enforcement of the ban on designated dealers.

Poker Clubs In Portland Oregon

Vetter doesn’t think poker games in Portland will be raided by police, like we have seen this year in states like Arizona, South Carolina and Kansas. In other words, Portland poker players themselves don’t have to worry about getting in trouble with the law. “The prospects of poker players having trouble with the city is slim to none,” Vetter said. “We have a very civil relationship with the city of Portland, and I expect them to be fair-minded.”

Another option at this point is to pursue nonprofit poker room alternatives, so to shield the games from current rules until the law can be reformed, Vetter said. Further educating lawmakers and officials that poker is a game of skill and that it should be exempt from illegal gambling rules is always a good idea, he added.

Encore Portland Oregon

Still, one should understand that the Portland’s poker days could be numbered.

Encore Boston Poker Room

“I would encourage local players to enjoy the clubs while they can because they may not be around much longer unless we find an economically viable way to remunerate dealers,” he said. “I think our odds are comparable to drawing an open-ended straight after the flop. Poker in Oregon faces an existential threat, but we still have arrows in our quiver and will fight to preserve social gaming until we succeed or get felted.”

Poker Portland Or

Poker clubs in rural Oregon already have players deal the games, but that works better there because those are tight-nit communities where players typically all know one another. It’s not a viable option in a major city, according to Vetter.

“It makes no sense to allow an activity to thrive for five or six years and suddenly decide the rules are different or that they are going to be enforced,” Vetter added.

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