AUG 2 1 2002 

Anthony Florentine 

657 W. Yale 

Fresno, California 93705 

Dear Mr. Florentine: 

This letter responds to your request, received on January 22,2002, in which you ask the 

National Indian Gaming Commission (NIGC) to issue an advisory opinion on whether 

"Lima" is a class I1 or class 111 game as defined by the Indian Gaming Regulatory Act 

(IGRA), 25 U.S.C. 5 2701, et seq. Our opinion is based on a review of the game description 

as provided by you. For the reasons outlined below, we conclude that Lima is a Class I11 

game and therefore may lawfully be played on Indian lands only pursuant to a Tribal-State 

compact. 

The Indian gamin^ Regulatory Act 

w 

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

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

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

connection with, tribal ceremonies or celebrations. 25 U.S.C. 5 2703(6). Class 11 gaming 

includes bingo, games similar to bingo, a select group of listed games played at the same 

location as bingo and certain non-banking card games. 25 U.S.C. 5 2703(7)(A). Class I1 does 

not include "any banking card games, including baccarat, chemin de fer, or blackjack (21). . .." 

25 U.S.C. 5 2703(7)(B). Class III gaming is defined as "all forms of gaming that are not 

class I gaming or class I1 gaming." 25 U.S.C. 5 2703(8). Class III gaming is lawhl on Indian 

lands only if conducted in conformance with a Tribal-State compact. 25 U.S.C. $2710(d). 

Game Description 

Lima is a table game. The table is designed with a representation of a large square made 

up of 17 smaller squares (16 small squares around the perimeter, and one larger square in 

the middle.) The middle square is designated with the number 5. The middle square on the 

bottom row is designated with the number 1 ; the middle square on the right-side row with 

the number 2; the middle square on the top with the number 3; and the middle square on the 

left-side row with the number 4. All the remaining squares are designed with the words, 

"pays 1 to I" or "pays 2 to 1". In addition, the numbered squares also indicate payoff odds. 

NATIONAL HEADQUARTERS 1441 L St. h1W, Suite 9100, Washington. DC 20005 Tel: 202.632.7M33 Fax: 202.632.7066 WWW.NIGC.GOV 

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

August 2 1,2002 

' page 3 

Game play begins when the dealer removes the lid from the lima bowl and grabs a handful of 

lima beans. The dealer places these lima beans in a pile on the table and then places the lid 

over the pile of beans. Players then place bets on the square of the table. The dealer then 

uncovers the beans by lifting the lid off. Using a stick, the dealer aligns the lima beans in a 

straight row and sorts the beans into groups of five beans. The last group may contain less 

than five beans. The dealer then returns all groups of five beans to the bowl, leaving only the 

last group on the table. 

The number of beans remaining is compared to the bets on the table to determine the winner. 

If two beans remain, and a player placed their bet on the number two square or any square in 

the same row as the number two square, the player wins. The same goes for numbers one, 

three, four and five. 

Determination 

Lima is a class III game. It does not qualify as a class I game because it is not a social game 

played for prizes of minimal value; this game is intended as a casino game. Neither is it a 

class 11 game. It is not bingo, one of the enumerated games played in the same location as 

bingo, a game similar to bingo, nor a card game. It therefore does not meet the definition 

wt of a class 11 games. Because it does not meet either the class I or class II definition, it is a 

class 111 game. Class 111 gaming is defined as "all forms of gaming that are not class I gaming 

or class 11 gaming." 25 U.S.C. 8 2703(8). Lima 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, Office of General 

Counsel, at (202) 632-7003. 

Sincerely yours, n 

T--(& Penny J. Coleman 

Acting General Counsel