Gaming Regulation
The
Indian Gaming Regulatory Act (IGRA) established three classes of tribal
gaming:
Class I - Social games
solely for prizes of minimal value or traditional forms of Indian gaming
as a part of tribal ceremonies or celebrations;
Class II - Bingo and
related games, including pull tabs, lotto, punch boards, tip jars, instant
bingo and some card games, excluding house banking card games such as
blackjack and baccarat; and
Class III - All forms of gaming that are not Class I or Class II, including slot machines and blackjack.
The
National Indian Gaming Commission has extensive regulatory requirements
for tribal gaming operations and must give final approval to all tribal casino
management contracts.
Class I gaming is regulated solely by tribes. Class II gaming is regulated solely by tribes if they meet conditions set forth in IGRA. Regulation of Class III gaming is governed by tribal-state compact.
In California, the tribal government gaming regulatory structure looks like this:
- Establishes
Tribal Gaming Commission
- Provides
frontline regulation of tribal gaming, including security and surveillance measures
- Manages
tribal gaming operations, adopts ordinances and issues licenses for gaming operations
and employees
- Negotiates
compacts with state for Class III gaming
- Provides protection and law enforcement
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- Negotiates
compacts with tribes for Class III gaming, which includes provisions for environmental
issues, labor ordinance enforcement, security, infrastructure and other matters
- Enforces provisions of compact, which often include background checks of employees and management company personnel
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California Gambling Control
Commission (CGCC)
- Holds jurisdiction
over the operation, concentration, and supervision of gambling establishments,
and over all persons or things having to do with the operations of gambling
establishments in the State of California
- Regulates gambling activities in the state, setting policy, establishing regulations, issuing licenses, serving as the adjudicator for license denials recommended by the Division of Gambling Control, and any other related items and issues that may come before the Commission
- Current commission members
include:
o Dean Shelton, Chairman
o Michael Palmer
o J.K. Sasaki
o Arlo Smith
To learn more about the CGCC, please click here.
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California
Department of Justice - Division of Gambling Control
- Regulates legal gambling
activities in California to ensure that gambling is conducted honestly,
competitively and free from criminal and corruptive elements
- Responsible for
tracking the identity, prior activities, and present location of all
gambling enterprise employees, and for ensuring that all gambling enterprise
employees hold a valid work permit
- Investigates the qualifications of individuals who work as Key Employees in the Tribal Casinos, Vendors who sell Gaming Resources to the Tribes, as well as Financial Sources to determine whether they are suitable pursuant to the Gambling Control Act (Act) (867, statutes of 1997)
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Department
of the Interior - Bureau of Indian Affairs
- Rules
on land into trust issues
- Rules
on plans for allocation of tribal gaming revenues
- Conducts
investigative studies
- Approves tribal-state compacts
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National
Indian Gaming Commission (NIGC)
- Approves
management contracts
- Regulates
gaming
- Conducts background checks
and reviews terms of contracts
- Has
the authority to enforce civil penalties and impose fines up to $25,000 per day
and to order establishment closed
- Current
commission members include:
o Philip N. Hogen, Chairman
o Nelson V. Westrin, Vice Chairman
o Cloyce V. Choney, Commissioner
To learn more about the NIGC, please click here.
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Department
of Justice - Federal Bureau of Investigation
- Enforces
criminal violation of gaming laws
- Conducts
background checks of key gaming employees
- Conducts investigative studies
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- Enforces all applicable federal personal income and payroll tax codes
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