Dear Tribal Leader: 

A number of California Indian tribes have expressed concern that 

~ulletin No. 95-1, an advisory opinion on the classification of 

banking card games under the Indian Gaming Regulatory Act (IGRA), could result in the classification of certain card games as class 

I11 gaming even though such card games are not considered banking 

games under California law. 

We are aware of state court decisions that have determined that 

certain Asian card games, pai gow, pai gow poker, and pan 9, are 

not banking games within the meaning of California law if played 

using a certain betting format. Citv of Bell Gardens v. County 

of Los Rnseles, 231 Cal. App. 3d 1563, 283 Cal. Rptr. 91 (1991); 

Huntinston Park Club Corporation v. County of Los Anqeles, 206 

Cal. App. 3d 241, 253 Cal. Rptr. 408 (1988). In City of Bell 

Gardens, the ~alifornia Court of Appeals for the Second District 

found that pai gow, pai gow poker, and pan 9 shared the same 

betting format: 

The position of dealer rotates systematically among the 

players and each player has the opportunity to act as 

the dealer for two consecutive rounds. The player/ 

dealer makes the initial bet, and the other players bet 

against him. The player/dealer pays off winners and 

collects from losers, but only until the player/dealer 

wins or loses his initial wager. Thereafter, the round 

of play terminates even though there are remaining 

players at the table who have winning or Losing hands. 

Accordingly, the player/dealer is not required to pay 

all winners, and the player/dealer may only collect 

from losers up to the amount the playeridealer wagered. 

231 Cal. App. 3d at 1566. 

In promulgating a definition for "house banking", the National 

Indian Gaming Commission (NIGC) was guided in large part by 

California case law. @'Banking game has come to have a fixed and 

accepted meaning: the 'house' or 'bankf is a participant in the 

game, taking on all comers, paying all winners, and collecting 

from all l~sers.~V~ullivan v. Fox, 189 Cal. App.3d 673, 678, 235 

Cal. Rptr. 5, 8 (1987). Compare this definition with 25 C.F.R. 
5 502.11.' To the extent that pai gow, pai gow poker, pan 9, and 

other card games (excluding blackjack, chernin de fer, and 

baccarat) are played using the above described betting format, it 

is the view of the NIGC that such games are not banking games as 

that term has been defined in the regulations of the NIGC. 

However, as the court noted in City of Bell Gardens, "if a rule 

change [for pai gow] permitted a player to take all comers, pay 

all winners, and collect from all losers, the game would, under 

the Sullivan definition, be a banking game." 283 Cal. Rptr. at 

94. Likewise, such a rule change would make pai gow or such 

other card games house banking games as that term is defined in 

regulations of the NIGC. 

This clarification in no way alters the determination of the NIGC 

that player banked blackjack is a banking card game thereby 

falling within class I11 gaming, The IGRA expressly prohibits 

the game of blackjack from class I1 gaming. 25 U.S.C. 

$ 2703 (7) (b) (i) . If you have any questions, please da not hesitate to contact the 

legal staff at (202) 632-7003. 

Sincerely, 

Harold A. Monteau 

Chairman 

"House banking means any game of chance that is played 

with the house as a participant in the game, where the house 

takes on all players, collects from all losers, and pays all 

winners, and the house can win.