Analysis

The Indian Gaming Regulatory Act (IGRA), 25 U.S.C. $§ 2701, et seq. divides
the world of Indian gaming into three classes. Class I gaming, which is not at issue here,
encompasses "social games" played "solely for prizes of minimal value or traditional
forms of Indian gaming engaged in by individuals as a part of, or in connection with,
tribal ceremonies or celebrations.” 25 U.S.C. § 2703(6).

IGRA defines Class II gaming to include:
(ii) card games that -
(J) are explicitly authorized by the laws of the State, or

(IJ) are not explicitly prohibited by the laws of the State and are played
at any location in the State, but only if such card games are played in
conformity with those laws and regulations (if any) of the State regarding
hours or periods of operation of such card games or limitations on wages
or pot sizes in such card games.

25 U.S.C. § 2703(7)(A)(i) - Gi); 25 C.F.R. § 502.3. IGRA expressly states that banking
card games are not class II gaming. 25 U.S.C. § 2703(7)(B)(i).

Finally, Class III is a catchall category and includes "all forms of gaming that are not
Class I gaming or Class II gaming." 25 U.S.C. § 2703(8); 25 C.F.R. § 502.4.

Given these definitions, the classification of both versions of WhoopAss Poker
turns on whether the game is banked or non-banked. Banking games, as commonly
understood and as defined in NIGC regulations, are games in which the banker (usually
the house) competes against all players, collecting from losers and paying winners. See
25 C.E.R. § 502.11. Conversely, non-banking card games are games where players play
against each.other. Poker is a typical example of a non-banking card game.

The poker version of WhoopAss Poker is a non-banked card game. The players
play one another rather than a banker or the house. It is therefore not categorically
excluded from the definition of Class II gaming. So long as the poker version of
WhoopAss Poker is played in a state in which the requirements in 25 U.S.C.

§ 2703(7)(A)(ii) (D or (IL) are satisfied , it is Class II.*

The table version of the game, though, is a different matter. The table version of
WhoopAss Poker is a banked card game — the house acts as a banker and takes on all
comers and pays al! winners. IGRA explicitly excludes banked card games from the

‘The request did not identify any particular state in which the game would be played. Therefore, this
decision does not analyze state gaming laws against the requirements of 2703(7)(A)(ii).


the card as a hole or community card. The dealer will also deal himself a WhoopAss card
face down. The dealer will decide how the card should be used at the end of the game.’

After the WhoopAss card is dealt, the dealer turns the third and final flop. The
player may then choose to fold or stay in the game by betting, If the player decides to
keep playing, he must place his final bet, which must be the same amount as the ante, in
the Play space. If the player folds, he loses his ante, blind bet, first, second, and third bet,
and the money used to purchase the WhoopAss card. If the player opted to make a
Straight or Better bet and folds with a straight or better, the player wins the Straight or
Better wager and is paid upon folding his hand.

After all bets are made, the dealer turns over his two hole cards and his
WhoopaAss card. He may use the option card as either a community card or hole card.
The player then turns over his hole cards. Like the poker version of the game, the
winning hand is determined using two of the player’s hole cards and three of the
community cards.

If the player wins, and no Straight or Better bet was made, the dealer will return
and match the player’s ante, first, second, third, and Play bets. The dealer will also return
and match the player’s Blind bet, but only if the player has a flush or better. If the player
does not have a flush or better, the blind bet goes to the dealer. If the player elected to
purchase a Whoop-ass card and the player wins the hand, the purchase money for the
card is returned to the player, but not matched.

If the player loses the hand, the ante, the blind, all bets, and the WhoopAss card
purchase money go to the dealer. Finally, regardless of whether the player won or lost the
hand, if the player made a Straight or Better bet, and the player’s hand is a straight or
better, the dealer will return and match the wager amount. If the player’s hand fails to
reach that threshold, the dealer collects the wager.

In the event of a tie, the player loses the Ante bet and bets 1, 2, and 3. The player
must beat the dealer to win these bets. Regardless of a tie, if the player has made a
Straight or Better bet, he or she will win or lose the bet according to whether the player
makes a straight. For the player to win the Blind bet, he or she must have a flush or
better. If the player beats the dealer with less than a flush, the blind bet is won by the
dealer. The player with a flush or better can not win the Blind bet on a tie. He or she must
still beat the dealer to be paid on the Blind bet.

> The WhoopAss buy card money may also be used as a jackpot for players only. In this version of the
game, each player that buys a WhoopAss card is eligible to win the jackpot. After all of the WhoopAss
cards have been purchased, the dealer will rake all of the buy card money to the center of the table. The
player with the highest hand wins the jackpot. The dealer may not participate in this aspect of the game.


definition of Class II games. Because it is not a Class II game, and any game that is not
Class I or Class II is Class III, the table version of WhoopAss Poker is Class III.

If you should have any further questions, please contact NIGC Senior Attorney
Michael Hoenig at (202) 632-7003.

Sincerely,

SMe

Tracie L. Stevens
Chairwoman


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MUG -6 2012

Mr. Donald Hohman, President
WhoopAss Poker, Inc.

1472 N. San Antonio Ave.
Upland, CA 91786

Re: WhoopAss Poker Game Classification Decision

Dear Mr. Hohman:

This is in response to your request for our review of the card game, WhoopAss
Poker, and to determine its classification under the Indian Gaming Regulatory Act
(“IGRA”). Your request asked for decisions on two different versions of the game; one
played similarly to a traditional game of poker against other players (“poker version”)
and the other in which the player “plays against the house” (“table game version”).

Pursuant to the IGRA, class II gaming includes non-banking card games if such
card games:

(D are explicitly authorized by the laws of the State, or

(ID are not explicitly prohibited by the laws of the State and are played
at any location in the State, but only if such card games are played in
conformity with those laws and regulations (if any) of the State regarding
hours or periods of operation of such card games or limitations on wages
or pot sizes in such card games.

25 U.S.C. § 2703(7)(A)Gi). Your request did not identify any particular state in which
the game would be played. Therefore, this decision is not state specific and contains no
analysis of state gaming laws. This determination is confined to the question of whether
WhoopAss Poker meets the non-banking requirement for class II status.

Thave reviewed the game descriptions you submitted with your request and
conclude that the poker version of WhoopAss Poker meets the non-banking requirement
for Class II and the table game version is Class III.

NATIONAL HEADQUARTERS 1441. St. NW, Suite 9100, Washington, DC 20005 Tel: 202.632.7003 Fax: 202.632.7066 WWW.NIGC.Gov

REGIONAL OFFICES Portland, OR; Sacramento, CA; Phoenix, AZ; St. Paul, MN; Tulsa, OK


Game Play

WhoopAss Poker is a card game played with a standard deck of 52 playing cards.
The game can be played two ways, with the ultimate objective under either version of the
game to make the best five card poker hand using a combination of cards dealt
specifically to one player and community cards available to al! players. Although the
objective of the two versions is the same, the rules of play are not.

Poker Version

The poker version of WhoopAss Poker is similar to the game of Texas hold’em.
There is no bank, meaning wagers are made against other. players rather than a banker
(usually the house). Unlike Texas hold’em, though, WhoopAss poker gives players the
option to buy an additional card to use as either a hole! or community card.”

The poker version of the game begins with the player to the left of the dealer
making a required bet called the “small blind.” This is usually about half the minimum
bet for a game. Next, the player to the left of the small blind makes a second required bet
called the “big blind.” The big blind is typically the same amount as the minimum bet.
So, for example, if the minimum bet in a game is five dollars, the small blind will be two
dollars and the big blind five dollars. Next, each player is dealt two cards face down.
These are called the “hole cards,” After the hole cards are dealt each player may call the
big blind, raise, call any raise, or fold.

After the first round of betting, the dealer discards a card from the deck and
places two cards face up in the middle of the game table. This is called “the flop” and
these cards are the first of six community cards that will be dealt throughout the game.
The flop is followed-by second round of betting, which in turn is followed by another
flop.

At this point in the game, the dealer collects the rake and the players are given the
option to purchase a “WhoopAss card.” Each player will notify the dealer as to whether
he or she wants a WhoopAss card by placing the buy amount, usually the amount of the
largest bet allowed, in a designated place on the game table. Depending on where the
money is placed, the card can be dealt either face up or face down. If the WhoopAss card
is dealt face up, it becomes one of the player’s community cards. If it is dealt face down,
it becomes a hole card.

After all of the players have indicated whether they want a WhoopAss card, the
dealer discards another card and deals the WhoopAss cards to the appropriate players.
Following the WhoopAss card deal, the third and final flop is dealt. There is no discard

"A “hole card” is a Card dealt toa player face down, hidden to everyone at the table except for the player
to which it was dealt.

> Community cards are shared cards that can be used by all players in a poker game and give partial
information about an opponent's hand


between the deal of the WhoopAss card and the final flop. This concludes the deal, and
all players will hold two hole cards and six community cards. Those players that bought a
WhoopAss card will also have an extra hole card or community card, depending on their
purchase option.

Now that the deal is complete, the final round of betting occurs. After all bets are
in, the remaining players turn over their cards. The winning hand is determined by
looking at two of each player’s hole cards and three of the community cards. The best
hand based on regulation poker rankings is the winner.

Table Version -

The table version of WhoopAss poker is similar to the poker version. The
objective of the game is the same, but unlike the poker version, the table version is
played against a banker rather than other players. It also gives players additional betting
options. Ultimately, though, the players are still trying to make the best five card hand
using a combination of hole and community cards.

The table for this version of WhoopAss poker also bears describing. Each player
has several designated spaces in front of him, including three numbered betting spaces
and a Play space. Above that are three spaces marked Ante, Straight or Better, and Blind.
Finally, there is a space for the WhoopAss card with down and up designations. In front
of the dealer are spaces for the flop and the dealer’s hole cards.

The game begins with the player placing his bet in the Blind and Ante spaces. The
player must bet in both spaces to start the game and the bets must be the same. The size
of the bet is determined by the player, subject to house limits. At the same time as the
player makes the Blind and Ante bets, he may choose to make a Straight or Better bet,
which must be the same amount as the ante. The Straight or Better bet, as its name
suggests, is a wager that regardless of the ultimate outcome of the game, the player will
at least be able to make a straight or better hand.

After the player makes the initial bets, the dealer gives each player and himself
two cards face down. The player then decides if he wants to bet or check. If betting, the
player places his bet in the First Bet space on the table. The first bet may by up to four
times the ante. Dealer then deals the first flop. The player may then check or bet by
placing a wager of up to double the ante in the space marked Second Bet. The second
flop is dealt next and the player once again may check or bet by placing-a wager, which
must be the same amount as the ante, in the space marked Third Bet.

At this point in the game, the player is given the opportunity to purchase a
WhoopAss card by placing the same amount as the initial ante in the appropriate space
on the down or up space on the table. As with the poker version, the player may purchase