8/20/19
NEW REGULATORY DEFINITIONS
• In the preamble to the final rule, the Commission noted that:
“The Johnson Act is intended to determine whether something is a “gambling device.”' IGRA, on the other hand, is intended to distinguish between classes of games. Within the context of IGRA, there is no question as to “gambling” per se--all Indian gaming is “gambling.” Accordingly, determining whether the Johnson Act covers a particular device simply does not answer the question relevant to Indian gaming: whether the game is class II or class III.”
ON GAME CLASSIFICATIONS • In the preamble to the final rule, the Commission noted that: “The appropriate threshold for a game classification analysis under IGRA has to be whether or not the game played utilizing a gambling device is class II. If the device is an aid to the play of a class II game, the game remains class II; if the device meets the definition of a facsimile, the game becomes class III. . . . Because Congress intended to permit the use of electronic technology in class II gaming . . . the important factor in a game classification analysis is whether the technology is assisting a player or the play of a class II game.”
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