25 C.F.R. § 502.3

Class II gaming

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Class II gaming means:

(a) Bingo or lotto (whether or not electronic, computer, or other technologic aids are used) when players:

(1) Play for prizes with cards bearing numbers or other designations;

(2) Cover numbers or designations when object, similarly numbered or designated, are drawn or electronically determined; and

(3) Win the game by being the first person to cover a designated pattern on such cards;

(b) If played in the same location as bingo or lotto, pull-tabs, punch boards, tip jars, instant bingo, and other games similar to bingo;

(c) Nonbanking card games that:

(1) State law explicitly authorizes, or does not explicitly prohibit, and are played legally anywhere in the state; and

(2) Players play in conformity with state laws and regulations concerning hours, periods of operation, and limitations on wagers and pot sizes;

(d) Card games played in the states of Michigan, North Dakota, South Dakota, or Washington if:

(1) An Indian tribe actually operates the same card games as played on or before May 1, 1988, as determined by the Chairman; and

(2) The pot and wager limits remain the same as on or before May 1, 1988, as determined by the Chariman;

(e) Individually owned class II gaming operations—

(1) That were operating on September 1, 1986;

(2) That meet the requirements of 25 U.S.C. 2710(b)(4)(B);

(3) Where the nature and scope of the game remains as it was on October 17, 1988; and

(4) Where the ownership interest or interests are the same as on October 17, 1988.

Notes of Decisions
Cited in 10 cases, 1992–2015 · leading case: Dalton v. Pataki, 835 N.E.2d 1180 (NY 2005).
Dalton v. Pataki, 835 N.E.2d 1180 (NY 2005). · cites it 2× “Class II gaming includes bingo, lotto and certain types of card games—specifically excluding banking card games such as baccarat ( see 25 USC § 2703 [7] [A], [B]; 25 CFR 502.3 [a]-[c]). Class II activity is permissible on Indian land, [2] subject to the tribe's jurisdiction, if…”
Cabazon Band of Mission Indians v. Nat'l Indian Gaming Comm'n, 827 F. Supp. 26 (D.D.C. 1993). · cites it 5× “” 7 Plaintiffs challenge the Commission’s determination that the parenthetical “(whether or not electronic, computer, or other technologic aids are used)” should not be included in the description of the sub-games of pull-tabs, punch boards, tip jars, instant bingo, and other…”
United States v. 162 MegaMania Gambling Devices, 231 F.3d 713 (10th Cir. 2000). “25 C.F.R. § 502.3 . The Commission also clarified Congress's definition of Class III games as follows: Class III gaming means all forms of gaming that are not class I gaming or class II gaming, including but not limited to: (a) Any house banking game, including but not limited…”
Sisseton-Wahpeton Sioux Tribe v. United States, 804 F. Supp. 1199 (D.S.D. 1992). · cites it 4× “bers or other designations; (2) Cover numbers or designations when objects similarly numbered or designated are- drawn or electronically determined; and (3) Win the game by being the first person to cover a designated pattern on such cards; (b) If played in the same location as…”
United States v. Santee Sioux Tribe of Nebraska, a Federally Recognized Indian Tribe, 135 F.3d 558 (8th Cir. 1998). “§ 2703 (7)(A); see also 25 C.F.R. § 502.3 (1997), and class III gaming as "all forms of gaming that are not class I gaming or class II gaming," 25 U.”
State of Wisconsin v. Ho-Chunk Nation, 784 F.3d 1076 (7th Cir. 2015). “25 C.F.R. § 502.3 (c); see also Cohen’s Handbook of Fedekal Indian Law § 12.”
United States v. 103 Elec. Gambling Devices, 223 F.3d 1091 (9th Cir. 2000). · cites it 4× “One such regulation, 25 C.F.R. § 502.3 , set out in the margin, for the most part adopts the language of § 2703(7)(A).”
Shakopee Mdewakanton Sioux Cmty. v. Hope, 798 F. Supp. 1399 (D. Minnesota 1992). “25 C.F.R. § 502.3 . Second, the commission defined games similar to bingo as “any game that meets the requirements for bingo under § 502.”
Cabazon Band of Mission Indians v. Nat'l Indian Gaming Comm'n, 14 F.3d 633 (D.C. Cir. 1994). “12,382), defining class II gaming ( 25 C.F.R. § 502.3 ); class III gaming ( 25 C.”
United States v. Santee Sioux Tribe (8th Cir. 1998). “§ 2703 (7)(A); see also 25 C.F.R. § 502.3 (1997), and class III gaming as "all forms of gaming that are not class I gaming or class II gaming," 25 U.”
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