Mr. Larry I. DeRycke 

Research, Development, Acquisitions and Marketing Co 

PO Box E 

599 State Route 34 

Hannibal, NY 13074 

Re: Request for Game Opinion -- Seven Suns Poker 

Dear Mr. DeRycke: 

This responds to your request of August 25, 1998, for a game classification opinion for 

the card game entitled "Seven Suns Poker." Based on the materials submitted with your letter, 

we conclude that the game is Class III if played with the optional bonus-payment feature as 

described. If this feature is not utilized, then an examination of state law for the location where 

the game is to be played would be required before a classification decision could be made. 

Because you have not specified a locatioi we are unable to reach an exact classification decision. 

Instead, we offer discussion of the concepts. 

Gaming on Indian lands in the United States is subject to regulation under the Indian 

ill((lllJl Gaming Regulatory Act (IGRA), 25 U. S.C. 9 270 1, et. seq., and regulations of the National 

Indian Gaming Commission, 25 C.F.R. 9 501, et. seq. The Act and regulatory scheme establish 

three broad types of gaming. Class I games are social games or traditional forms of Indian 

gaming played in connection with tribal celebrations. Class I1 and Class III games represent 

games which enjoy broad public play. Class I1 gaming includes bingo, games similar to bingo if 

played in the same location as bingo, and certain card games which are either expressly permitted 

in the state or are not explicitly prohibited by the laws of the state and are played in any location 

within the state. Specifically excluded by statute and regulation from Class I1 games are banked 

card games such as blackjack. If a particular game cannot come within the definition of Class I or 

Class 11, then the game is considered Class 111. See, generally, 25 U. S.C. 9 2703 and 25 C.F.R. 

502. Class I11 gaming is lawful only if played in conformance with a valid tribal-state compact. 

"Seven Suns Poker" appears to be a variant of the common seven-card stud poker game. 

As you describe the game, after an ante, each player is dealt two cards face-up. Following a 

betting round for all players who wish to continue, the dealer next deals three community cards 

which each player uses to fill out that players hand. Further betting ensues and the fourth and 

fifth community cards are dealt. The player with the high hand among the participants remaining 

at the end of game takes the pot, less any commission the house might extract. The house is not a 

participant in this version except to the extent that it provides the facility and the dealer, for which 

it accepts a commission. 

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1441 L STREET, N.W. 9M FLOOR WASHINGTON. D.C. 20005 TEL.: 202-632-7003 FAX: 202-632-7066 
The materials also describe an optional feature by which either a portion of the ante or a 

separate ante would be used to fbnd a "progressive" pot. You propose that payment in an 

amount certain would be made to players having a specific ranked hand, such as a straight flush, 

fiom this pot. Although labeled as a "progressive" pot, this option is not a true progressive 

because the amount of reward does not vary and is not dependent on player contributions. 

Rather, the option presents a bonus reward for achieving a fixed combination of cards. If utilized 

in the manner you recommend, because the reward payments would be guaranteed, the house 

would necessarily bank this feature and payment of the prize would not be a fbnction of the 

separate monies collected. A variation to be played at the discretion of the house would make 

this feature a true progressive, but the numerous combinations which will permit reward may 

make this difficult. 

Under IGRA and pertinent NIGC regulations, the play of the game with the bonus, 

house-banked feature, as recommended, makes the game Class 111. 

A card game which is not house-banked may be considered Class I1 only if the game is 

permitted by the laws of the state or if the game is not specifically prohibited by the laws of the 

state and is played somewhere in that state. For example, non-banked poker has been held to be a 

Class I1 game when played on Indian lands within the geographic boundaries of a particular state 

which did not prohibit the play of poker and for which the evidence established that the game was 

actually played within the state. The determination would not be applicable, however, if the game 

were played in another state which had established criminal penalties for the play of poker or if it 

could not be determined that the game was played somewhere in the state. In such a case the 

'l..ylur game would be Class I11 and lawful only if played under a valid tribal-state compact. 

In general, the NIGC prefers to render game classification opinions or advisory letters 

only when a tribe sponsors a request for such an opinion. This obviously allows us to focus on 

the specific state-law questions when that is appropriate. If your marketing efforts yield a tribal 

gaming operation that seriously considers the play of "Seven Suns Poker," and that tribal gaming 

operation believes that a more definitive classification opinion is necessary, we would be pleased 

to provide a hrther response. 

If you have questions regarding this matter please contact Bill Grant from our staff at 

(202) 632-7003. 

General Counsel