FILE COPY 

Richard I Grellner 

43~ i .Ilemoriai koaa. =J i 01) 

Oklahoma Cit!,. OK 73 130 

Dear Mr Grellner: 

. . j. This is in response to the letter to the National Indian Gaminy Commission (NIGC) of January I:. 

1998. from the late Edward Scarr. ir . as modified by his letter of September 1 i. 1998, and as 

further modified by the letter of Mav 17, 1999. requesting that the NIGC review the Cheyenne 

and .Arapaho Tribes' (Tribes) proposai to run card game tournaments at the Tribes' Lucky Star 

Bingo Hail and'determine the games' classification under the Indian Gaming Regulatory Act .: ..... .-,a. .. ;!CX,4.,. -- L .5 L 2 -:;.. g G.. . 43,. 

The proposed card game tournaments will involve fhc play of pitch. gin and blackjack at tribal 

gaming facilities. The proposal calls for patrons to pay an entry fee and receive tokens for use in 

card play The tokens do not represent money. They are a means for keeping score and are not 

"cashed out," that is, redeemed for money, as would be the case with chips at a casino. Prize 

winners will be Gtermined in tournament play by elimination. The gaming operation will colldct 

an administrative fee to cover the expense of operating the tournaments. 

The hause will not compete ar_parcicipate in any wa). as a.-player. which mi&{ win.-or loac - 

although. the :amin: operation *.vill he warding !he ldverrised prizes to ~UCC~SS~~ :curnament 

participants. 

Based upon the information currently available, the SIGC has concluded that the Tribes may 

operate pitch and biackjack Iournaments as class I1 sames. Poker may not be played as a class 11 

- name under any circumstances We have insufficient information to conclude that gin or bridp 

may be piaved in rournament format as a class I1 game. 

Pllrsuant it> :he !GR.-\. "I .' S C 4 3-r!:(7'1( .A. ii 1. :!ass I1 g~ninc includes non-bankinlr - i:zrd 

3nmt.s ii such card games: 

. . . . -. . *! . . , lrt ?(*! :!;::::::[!I: -;? +ib1!$i 5,: ;kc 'c-.~: sf:!;t 5:~::. ~;;d 1;; :;!a*;<< 1; -. . . 

xi;: location in :!ie 5iilt~. 
. . but .!ni;: if jucil ~3rd games 2:;. =iayed ir! ::nfcrxir:: ..\.:I!: :l:c:si. !al;,s anu reguiarions , :I 

any) of the State regarding hours or periods of operation of such card games or limitations 

on ?\.agers :.r ?c?t sizes in ;uc!? :3rd 2nmrs 

Excluded from class I1 are "banking card games incluainy baccarat. chemin de fer. or blackjack 

r 2 l r " 75 1.' S C $ 3?[1-317'1( BW I\ 

So Oklahoma law provides explicit aurhorization for the card zames described in the Tribes' 

correspondence. and. tnerefore. a uerermlnaoon as to. the iawiiiness dt'th~ir piay at the 'Tribes' 

bingo hall will depend upon whether the criteria of subsection 11. above are met. - 

Title 2 I Oklahoma Statutes. Section 941. expresslv prohibits. "poker. roulette. craps or anv 

banking or percentage. or any gamblin game played with dice. cards or any device for monev. 

checks, credits or any representation of value." In the context of card games. therefore. Section 

9-1 I appears t;o prohibit 

a. poker i'oi money or dny representati~\n ~lr'vaiul: 

b. [to the extent cards might be used] anv banking or percentage game for monev or any 

representation of value 

c. [to the extent cards might be used] any ambling game for money or any representation 

of value. 

Title 2 1 Oklahoma Statutes Section 98 1 provides. 

I :I "het" is n bargain in which :he paxies agree [hat. dependent upon chance. or in wilicii 

one of the parties to the transaction has valid reason to believe that it is dependent upon 

chance. one stards r;? win i>r icse scmeching cf -::lue scecified in :he agreement ..\ Se: 

does not include x * x 

c. offers of purses. prizes or premiums to the actual participants in public and semi 

public events. as follo\vs. to wit. Rodeos. animal shows. expositions. fairs. athletic 

events. tournaments and other shows and contests where the participants qualiti 

for a monetarl; prize or other recosnition This subparagaph hrther excepts an 

enty fee tiom rhe definition of.-tt bet" as ~pplieri :o enumerated public and ....... ...."................ .. - __.._._. ..................... ........ -- .... ....I.. .... .................. -.. ........ 

Because Section 98 i esernpts the cntp ;'2es,;lr;d prizes ?ii:ich 2nanc:erize rournarnent 

participation Rom the cizrinirion of s "be:." rhr Tribes ;laez [hat card games. which mignt 

orherwise be tre3ted as gambling games. m? kt piayed in rt:urnarnenr icrmnt at the I.uck.r Srnr 

!31nco - 1 !all 
Clearly "public and semi public . tournaments.. and contests where the participants qualie for a 

x(:.nctar; prize" ar? :a\irli in ')kiai~r:n:~ ;ls 3 iesiiit ;)i 3.: 0'; .j ;S ; Tile questions to be resoivcci. 

then. are: 

a. Can a card game be the sublect of a tournament under Oklahoma law" . .. \Vl~i!d .!,:~rd *(\l.:rr?.::n?r?r :-:stirzte ".,rnrr.!nrr .vir!!ir! +be ~cnnir.g :f :f?c !ndi;:r, 

Gaming Reyularory .Acr. and if so. would it be class I1 or class III? 

. - I 11e (Oklahoma .ittornel: General and ihe L.S. .ittornev tbr the Western District of Oklahoma 

have each provided opinions. but neither opinion actuallv focusses on the larger questions caused 

oy the interplay or' Sections 94 i and 38 i hith IGRX. to w~t. can anv card games be played 

lawhlly in tournament format in Oklahoma. and, if played on Indian lands. how are such games to 

be treated under IGR,-\'? 

Discussion: Card Tournament2 

The Attorney Generai takes the position that "tournament gambling" violates Oklahoma law. The 

problem is that the quoted phrase mixes two concepts. tournaments and ramblins. and does not 

jheu ;ignr on tne reiarionsnlp between Section 44 i and Section 38 i. By its nature the kind of 

gambling prohibited by Section 94 1 involves payment of money in the hope of winning somethinn. - 

i.e --a bet." .A tournament panic~pant. however. can pay money as an entry fee in the hope of 

winning a prize and, in doing so. does not make "a bet" under Section 98 1. In trying to reconcile 

these sections, it seems clear that an activity may be either gambling or a tournament under 

Oklahoma law, but not both. 

Gambling usually involves the traditional elements of chance, prize and consideration'. While 

some kinds of tournaments. such as pool or darts. may involve sufficient skill so as ro reduce the 

- role ofchxce. thereis nothing in Secthn 98 1. lc which suggests that "tournaments" are limited to 

activities which depend entire!: upon skiil : In kc:. it appears :hat ihe.whole purpose of Secticn 

' Federal CommunicationsCommission u. American Broadcastinn Comoany, 349 U.S. 

254 (1954). In In Re: Initiative Petition Yo. 366. State Ouestion No. 672, 927 P.2d 558 

(Oklahoma, 1996), the Supreme Court of Oklahoma recognized that gambling and gaming tiate 

similar meanings. but noted that "ambling" is the term which is recosnized in the jurisprudence, 

. . . . . -. . ,. ., . . - .. . . . . ,. 

of Oklahoma. The term "be:'' is defined by the Oklahoma legislature to include chance as an "' " kl """ kiiiei ' .. . .. .. . . . - ...... .,.. ._ .... _ ,. _ .... _. ... ... _ .... . .. _. . __ . . . _. , , , i.i, '31 ''05 4 '911 1.1 

' Ail ;ard games .invoii.e 'an eiement of chance. but most card games also involve 

.i~yniircsnr jkiil The extent ro 1.v'nicn [he outcome of card games is determined by the players' skill 

;.aries. but it ihouici be srearer in a tournament, format. where 3 number o.f hands \\;ill be plaved . . -, 

xore ?rize :vinners are derernmined "(!vcr a long period. a more skilled. pla-er tvill outdistance 

his iess jkiilcd :)oponenr In Farnes or nrnev won The more pronounced his advanrase in skill is. " ;%. 

.&. .:.L , jc!r:nc: :!!c 2:::crczc: .?iil ;i:l:\i ..;!: ' 2car;it. 5~:irx'j \L':v C.:nlr;ic..:c (:ui& &mi>iiny 
08 1.1 is io exempt certain chance-dependent activity tiom the general prohibition on gambling. 

Stated other-vise. since there <an be no 2amblins :vithour .in element of ;hancc. Stxion $18 1 i 

would nor be necessary unless it was intended to cover activity involving chance. There is. 

therefore. no !cgal nr factual 5asis for 3sserring that n kicn '?3: tc?uinamenr 3L:si ':I :1 :::nresi 

of skill: only. and cannot include a same in which chance is present. 

The next quesiion is: in addition to being an activiry in which chance may be present. what does 

the word --tournament" in Section 98! mean') There are :%.vo characreristics c?f tournaments 

apparent in thr'statute. tirst. they are "public and semipubiic events": second. .'the participants 

qualify for a monetary prize or other recosnition." Section 38 I Ic The plain and cnmmon' 

meaning oi the word -'tournament" is a "contest invoivins il number of competitors who \,ie 

against each other in series of elimination games or trials " Webster's 11. New College Dictionary 

(Houghton blitllin Company . 1995 J. There is nothing inherent in either these statutory 

characteristics or the dictionary definition of a tournament which would exclude card gmes 

In arriving at a hnctional definition df "tournament" in Section 98 I. application of the doctrines 

of ~'jll.s&n get~eri.~ or tlo.scrnrr (1, .vocii.s-' provides some insight. In Section 98 1 . I c. the list of 

associated terms is a varied one: "Rodeos. animal shows. expositions. fairs; athletic events. 

tournaments and other shoivs anu iontens where the pamipants quaiib ri>r a monetary prize or 

other recognition." The enumerated activities require that the participants demonstrate some skill. 

and. therefore the.wor,d "tournament." in this context. appears to contemplate aaivities involving 

skill other than those which are enumerated (i.e. a tournament would not be an athletic contest. 

etc.). The play of cards in a tournament format fits within the enumerated words. Card 

tournaments, in which a winner emerses by elimination over a number of hands. by demonstrating 

skill during play, have many of the characteristics of the contests enumerated in Section 98 1. I .c.' 

By contrast such tournaments bear little resemblance to the fast paced winning and losing of the 

of non-card games (roulette and craps) enumerated in Stiiion 94 i 

The recent opinion of the Oklahoma .\[tome! General. in :vhich he 5und "money hunts" 

constituted gambling. was based upon the fact that the panicipants' entry fees were held as a pool 

to be paid io the winner as a prize' The .Attorney Gene:nlls opinion also expressed dout?c that :I? 

money hunt could qualifir under Section 98 1 as a public or semi-public event. The ~ribe;' most 

(Simon & Shuster. Inc.. 1986) at page 30 



the number of persons who receive prizes for play in each tournament will be especially relevant 

on the issue. 

:\s stated above. in order to quali@ as a c!ass 11 game. :he Tribes mist also take :are to conform 

to any state law or regulation limiting the hours or periods of operation of the card games or 

wagers or pot .sizes '' 

Please be advised that this legal opinion is advisonl in nature nnlv and rhat it may he superseded. 

reversid, revised or reconsidered by a subsequent.~eneral Counsel or Chairman of the NIGC. 

Furthermore. if there are any changes made to the game as described. such changes might 

materially alter our conclusion. 

If you have any questions, please call me or Richard Schiffat (302) 632-7003 

Barry W. Brandon 

General Counsel 

- .. ... - ..-. - . - . Patrick lM,Ra..E& -- 

United States .Attorney 

Western District of Oklahoma --. .... ......... ...... ..~I..Q-W!...~~k. ...... ......... - .............. - -. ............ 

. .. Suite 400 

Oklahoma City. OK 73 102 

Bruce Green, Esquire 

United States Attorney 

Eastern District of Oklahoma 

1200 W. Okmulgee St. 
Muskogee, OK 7440 1 

Stephen C. Lewis, Esquire . 

United States .Attorney 

Northern District of Oklahoma 

333 West 4th St. Suite 3460 

Tulsa, OK 74 103 

Jerry R. Dilliner, Chief 

Seneca-Cayuga Tribe of Oklahoma 

R230 1 E. Steve Owens Blvd 

Box 1283 

Miami, OK 743 55 

Lawrence Murray, Chairman 

Iowa Tribe of Oklahoma 

R. R. I, Box 72 1 

Perkins. OK 74059 

Wanda Stone, Chairperson 

Kaw Nation 

Drawer 50 

Kaw City, OK 74641 

Larry Nuckolls, ~ov&or 

Absentee Shawnee Tribe of Okiahoma 

2025 S.Gordon Cooper 

Shawnee,_O.K 148(21 . .. - .- 

The Honorable W. A. Drew Edmondson 

Attorney General of the State of Oklahoma 

2300 N. Lincoln Blvd. 

Oklahoma City, OK 73 105 

Gary Pitchlynn, Esquire 

Pitchlynn, Morse, Ritter & Morse 

,?a:: &3~:427 , , , 

124 E, Main St. 

Norman. OK 73070