SEP 9 I999 

Eddie Srichayaporn 

Executive Director 

Maverick Gaming Enterprises 

886 West Galveston, #I16 

Chandler, Arizona 85224 

Re: Game Classification Opinion - "Double Hand High-Low" 

Dear Mr. Srichayaporn: 

The purpose of this letter is to respond to your request of January 12, 1998, in which you ask 

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

Hand High-Low"' constitutes a class I1 or class I11 game in the state of Arizona as defined by the 

Indian Gaming Regulatory Act ("IGRA"), 25 U.S.C. 5 2701, et seq. For the reasons outlined below, 

we conclude that Double Hand High-Low is a class 11 card game in the state of Arizona and therefore 

is subject to tribal and federal regulation only. ' ,J 

The Indian gamin^ Regulatory Act 

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 engaged in by individuals as part of, or in connection with, tribal 

ceremonies or celebrations." 25 U.S.C. 2703(6). Class I1 gaming includes bingo, related activities, 

and certain non-banking card games. 25 U.S.C. 2703(7)(A). IGRA specifically excludes any 

banking card games fiom classification as a class 11 game. 25 U.S.C. 5 2703(7)(B). Class I11 gaming 

is defined residually; it includes "all forms of gaming that are not class I gaming or class I1 gaming." 

25 U.S.C. 5 2703(8). 

Indian tribes have jurisdiction over class II gaming. 25 U. S.C. 5 271 0(a)(2). Class I1 gaming 

is generally not subject to state regulation, but is subject to federal oversight by the NIGC. 25 U. S.C. 

5 27 10(b), (c). Class I1 gaming includes non-banking card games if such card games: 

(I) are explicitly authorized by the laws of the State, or 

1 On January 29, 1999, the NIGC received correspondence from Maverick Gaming 

I,W Enterprises indicating that it had changed the name of its game from "Red Dragon High-Low" to 

"Double Hand High-Low." 

1441 L STREET, N.W. 9TH FLOOR WASHINGTON, D.C. 20005 TEL.: 202-632-7003 FAX: 202-632-7066 
(11) are not explicitly prohibited by the laws ofShe State, and are played at any . 

location in the ~tatcbut only if such card games are played in conformity with those ' 

laws and regulations (if any) of the State regarding hours or periods of operation of 

such card games or limitations on wagers or pot sizes in such card games. 

25 U. S.C. § 2703(7)(A)(ii). Therefore, for Double Hand High-Low to qualify as class I1 gaming, 

Arizona state law must either explicitly authorize its play or not explicitly prohibit its play and the 

game must be played legally somewhere in the state. Further, the game must be played in a nonbanking format. See 25 C.F.R. $ 502.3(c). 

Game Description 

As described, Double Hand High-Low is a poker style game.' The game is played with a 

standard deck consisting of fifty-two (52) cards, plus a Joker. Each player will be dealt or receive 

seven (7) cards. The object of the game is to create two (2) poker ranking hands. The front hand 

consists of two (2) cards and the back hand consists of five (5) cards. All players' front hands 

compete against all other players' front hands. All players' back hands compete against all other 

players' back hands. Bets for each hand are placed by the participants. After all hands are set, the 

dealer will start in front of the dealer button exposing all front hands first to locate the winning hands 

for each circle. The dealer will then pay off the winners. The dealer will then repeat the same 

procedure when finding the winning back hands. 

''I& 

As mentioned above, IGRA specifically excludes any banking card games from classification 

as a class 11 game. Therefore, the first inquiry centers around whether Double Hand High-Low is a 

non-banking card game. 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. 25 C. F. R. 5 502.1 1. 

Conversely, non-banking card games are games where players play against each other. Poker is the 

typical example of a non-banking card game. 

As proposed, the players in Double Hand High-Low would play against each other in a nonbanking format, not against the house or other banker. The casino operation and its dealers would 

not have an interest, financial or otherwise, in the outcome of the game. Revenue to the casino is in 

the form of an ante or a percentage of the pot. Thus, Double Hand High-Low qualifies as a nonbanking card game. 

State Law 

States can influence class 11 gaming on Indian lands within their borders only if they prohibit 

those games for everyone under all circumstances. See Gaming Corp. of America v. Dorsey & 

'Double Hand High-Low possesses the common elements of poker. See JOHN SCARNE, 

SCARNE'S NEW COMPLETE GUIDE TO GAMBLING 671- 672 (Simon & Schuster, Inc., 1986). 

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W%i@ey, 88 F.3d 536, 544 (8th Cir,1996) (citing 25 U.S.C. §,2710(b)(l)(A)). It is important to note 

the congressional finding set Torth in IGRA that "Indian tribes have the exclusive right ts regulate 

gaming activity on Indian lands if the gaming activity is not specifically prohibited by Federal law and 

is conducted within a State which does not, as a matter of criminal law and public policy, prohibit 

such gaming activity." 25 U.S.C. 8 2710(5). As a result, we must review Arizona's gambling 

statutes to determine whether Arizona explicitly authorizes or does not explicitly prohibit the play of 

Double Hand High-Low. 

The Arizona State Legislature has not enacted any specific statutory provision authorizing the 

play of Double Hand High-Low or poker in general. In the absence of express approval to the 

playing of Double Hand High-Low, the crucial determination becomes whether Arizona explicitly 

prohibits its play. 

Arizona statutes prohibit gambling in general, but specifically exempt amusement, regulated, 

and social gambling. See ARE. REV. STAT. ANN. $ 13-3302. More specifically, section 13-3303 

prohibits the "promotion of gambling," but excepts from its provisions amusement, regulated, or 

social gambling. See State v. Takacs, 8 19 P.2d 978, 980 (Ariz.App.Div. 1991). Section 13-3304 

prohibits "benefitting from gambling," but excepts from its provisions "amusement or regulated 

gambling," and provides that "[blenefitting from social gambling as a player is not unlawhl under this 

section." 

Card games are not specifically mentioned in the Arizona statutes. In fact, the Arizona 

w statutes do not identifL any particular forms of gambling; instead they set forth the circumstances 

under which gambling may legally occur in Arizona. Arizona "regulates" rather than "prohibits" 

gambling in general. Whether a card game is offered as a "business for benefit" contrary to Arizona 

state law is of no consequence to the legality of the game if operated by an Indian tribe and played 

on Indian lands. See United States v. Sisseton- Wahpeton Sioux Tribe, 897 F.2d 3 5 8, 3 65 (8th Cir. 

1990) ("the legislative history reveals that Congress intended to permit a particular gaming activity, 

even if conducted in a manner inconsistent with state law, if the state merely regulated, as opposed 

to completely barred, that particular gaming activity."). Therefore, poker and thus Double Hand 

High-Low, is permitted in Arizona. 

We make a reasonable assumption that poker games, including games similar in all substantive 

respects to Double Hand High-Low, are played at locations in the State of Arizona and therefore 

conclude that the requirement contained in section 2703(7)(A)(ii), for the game to be "played at any 

location in the state," is also satisfied. 

CONCLUSION 

Double Hand High-Low is not prohibited by the laws of the state of Arizona and is legally 

played within the State. Therefore, Double Hand High-Low qualifies as a class I1 card game in 
Arizona, under IGRA. See 25 U. S.C. 3 2710(b)(l)(~).~ 'U 5 

As a final matter, Arizona Indian tribes may offer non-banking Double Hand High-Low as 

class I1 gaming, so long as it is "played in conformity with the laws and regulations (if any) of. . . 

[Arizona] State regarding hours or periods of operation of such card games or limitations on wagers 

or pot sizes in such card games." 25 U.S.C. 5 2703(7)(A)(ii). Since specific card games are 

presently not regulated in Arizona, there are no rules on hours, periods of operation, wagers or pot 

sizes. 

If you have any questions or concerns, please feel free to contact Todd J. Araujo, Staff 

Attorney, at (202)632-7003. 

Sincerely, 

Penny J. Coleman 

Deputy General Counsel 

cc: Dave Maloney 

Director of Casino Operations 

Harrah's Phoenix 

Ak-Chin Casino 

15406 Maricopa Road 

Maricopa, AZ 85239 

Arizona Department of Gaming 

202 East Earl1 Drive, Suite 200 

Phoenix, Arizona 850 12 

3This opinion does not discuss the version of the Double Hand High-Low game which 

uses 32 pai gow (domino) tiles rather than 52 cards and a joker (the Chinese version of the game). 

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