Ms. Catherine Lhotte 

6 16 rue Meyne Claire 

84 1 00 Orange 

France 

RE: Game Classification Request - Lotrec I and Lotrec TI 

Dear Ms. Lhotte: 

This letter responds to your request in which you ask the National Indian Gaming Commission 

("NIGC") to issue an advisory opinion on whether Lotrec I and Lotrec I1 are class 11 or class III 

games as defined by the Indian Gaming Regulatory Act (IGRA), 25 U.S.C. 5 2710 et. seq. 

I apologize for the delay in responding to your request. 

Our opinion is based on a review of the game descriptions you provided. For the reasons 

outlined below, we conclude that Lotrec I and Lotrec 11 are class III games. They may be played 

lawhlly only pursuant to a tribal-state compact. 

The Indian Gaming Remlatorv Act 

IGRA creates three classes of gaming, which differ in the degree of tribal, state, and 

I' 4 federal oversight. Class I gaming consists of "social games [played] solely for prizes of 

minimal value or traditional forms of Indian gaming engaged in by individuals as part of, or 

in connection with, tribal ceremonies or celebrations." 25 U.S.C. 5 2703(6). Class II gaming 

includes bingo, related activities, and certain non-banking card games. 25 U.S.C. 5 2703(7)(A). 

IGRA specifically excludes any banking card games fkom classification as class TI games. 

25 U.S.C. 8 2703(7)(B). Class HI gaming is defined residually; it includes "all forms of gaming 

that are not class I gaming or class I1 gaming." 25 U.S.C. 8 2703(8). 

As mentioned above, IGRA specifically excludes any banking card game from classification as a 

class 11 game. Therefore, the first inquiry when analyzing a card game is whether it is a banking 

or non-banking card game. See 25 C.F.R. 5 502.3(c). Banking games, as commonly understood 

and as defined in NIGC regulations, are games in which the banker (usually the house) takes on, 

that is, competes against, all players, collecting from losers and paying winners. See 25 C.F.R. 

5 502.1 1. Conversely, non-banking card games are games where players play against each other. 

Game Descriptions 

Lotrec I 

In the materials provided, Lotrec I is described as a banked card game. It is played with six decks 

of 24 cards each. Each deck is comprised of cards with shapes depicted on the face of each card. 

Four shapes are used: circle, star, square and triangle. These shapes are colored by one of 

1 ~4 NATIONAL HEADQUARTERS 1441 L St. NW, Suite 9100, Washington, DC 20005 Tel: 202.632.7003 Fax: 202.632.7066 WWW.NICC.GOV 

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Ms. Catherine Lhotte 

January 2 1,2004 

Page 2 

six colors: blue, yellow, black, red, green or white. Four cards are dealt face up on the table 

for each game. All results are determined by these four cards. 

The game table consists of a grid with colored shapes that match those on the cards. Players bet 

on one or more of the squares on the grid by placing their bet on their desired square(s). 

A player may bet on only one color or one shape, or on a combination of the two. A player may 

also place a bet in the middle of two squares containing different colors and shapes. In addition, 

a player may bet that, of the four cards dealt, no two shapes or colors will be the same. 

The maximum bet requirement is to be set by the casino and there is no maximum number of 

players. All the players bet on the grid and the dealer draws four cards for the house. The dealer 

then places those four cards into four designated rectangles. The dealer then determines the 

majority of both shapes and colors of the four cards. The dealer announces the results to the 

players and collects all the losing bets and pays the winners. The dealer then begins a new game 

by dealing four new cards. This game involves betting against the house, which is also referred 

to as a banking card game. 

Lotrec II 

Lotrec II is similar to Lotrec I, with the addition of four six-sided dice and six designated 

rectangles instead of four. Sides of the dice represent colors and shapes. In addition, one side 

has an "F", which represents all shapes, and one side has a "C" which represents all colors. The I ' player is dealt six cards. The player then places the six cards as he wishes on the six designated 

rectangles. The dice are thrown, either by the player or the dealer. If the dice match any of the 

dealt cards, the player wins. 

Determination 

Both Lotrec I and Lotrec II are banked card games. Players bet against the house. Because of 

this characteristic, the games are not class 11 games. They are, therefore, class IU games. 

(Class 11 does not include "any banking card games.. ." 25 U.S.C. $ 2703 (7)(B)(i); Class III 

is defined as "all forms of gaming that are not class I or class I1 gaming." 25 U.S.C. $2703 (8)). 

They may be played on Indian lands only pursuant to a tribal-state compact. 

If you have any questions about this opinion, please contact Maria Getoff at (202) 632-7003. 

Sincerely, 

Penny J. Co Y eman 

Acting General Counsel 
Ms. Catherine Lhotte 

January 2 1,2004 

Page 3 

cc: Sophie Lefevre 

1000 Spa Road 

Annapolis, MD 21403