8/20/19
OTHER GAMES SIMILAR TO BINGO
• The term “other games similar to bingo” is defined as: Any game played in the same location as bingo (as defined in 25 U.S.C.
2703(7)(A)(i) constituting a variant on the game of bingo, provided that such game is not house banked and permits players to compete against each other for a common prize or prizes.” 25 C.F.R. § 502.8
JUDICIAL DEFERENCE…FINALLY! The 2002 Class II definitions were applied by the federal courts of appeal for the 8 th and 10 th Circuits in 2 separate game classification decisions. The 8 th Circuit applied the 2002 definitions to find that the equipment at issue did not constitute a Johnson Act gambling device. The court stated: “Furthermore, the regulations effective July 17, 2002 . . . seem to expressly contemplate the use of Lucky Tab II pull-tab dispensers/readers, suggesting that the NIGC has now given its imprimatur to these types of machines. . . Based on our review of the record and of the case law, the NIGC's conclusion that Lucky Tab II is a permissible class II gaming device seems to be a reasonable interpretation of the IGRA.” United States v. Santee Sioux Tribe of Nebraska , 324 F.3d 607 (8th Cir. 2003).
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