Chairman John C. Houle 

Chippewa Cree Trihc 

RR1 Rnx 544 

Box Elder, MT 5952 1 

Fax: (406) 395-4497 

Via Facsimile and First Class Mail 

Re: Player Pool Rlackjack at Norlhern Winz Casino 

Dear Chairman Houle: 

As you ktlow, tllc rcgioi~al offt~e of the National Indian Gaming Commission (NIGC) 

coiltacted the ma~~agement of Norl11e1.n Winz Casino regarding its new playcr pool blackjack 

ganle. On June 22, 2007, casino rnanage~nenl pi-ovidecl rules and procedures for Northern 

Winz 21. Thank you for this informalion and for the cooperation wc received from the 

casino mm~nge~ncnt and sf3fJ: 

The infor~z~atior~ was referred to the Orfice of General CounscI for a classification opinion 

on the card game. Based upon the inforn~ation managcment provided, the Northern Winz 21 

galnc conforms in all rcspccls lo 111c standard nrles of a balllied blackjack card game. The 

h/rontana CotlstitutEot~ and scvcrnl state stalules specifically prohibid. the game of blackjack. 

Tllcrcfore, althsugll I apprccialc ihc diIIicully Illis 111ay cause, Noithem Winz 21 is not an 

aulhorizerl gatnc u11rIer the Indian Gaining Regulatory Act (IGRA), clespi te its player-pooled 

format. 

ERA prohibits Norlhcm Winz 2 1 (i.e, player-pooled blackjack) for two reasons. First, the 

Cor~stitulion and laws of Montana prohibit bIackjack. Second, Northern Winz 21 is a 

banked game in cvhich the player pool serves as a generic hank. The banked nature of this 

game makes it Class Ill. Class IT1 games require a compact between thc Tribe and the state, 

and may only includc those games wllich are legal in the state. 

In Montana, "[all1 forms of gambling, lotteries, and gift enterprises are prohibited unless 

ar~tl~orized by acts of legislalure or by the people through initiative or referendum." Mont. 

Const. art. TTI, 3 9. This mandate is reiterated in sialc law: "Except as specificaIly 

autt~orizcd by statute, all forms of public gambling, lotteries, and gift enterprises are 

prohibited." Mont. CorFe AIXIO. $ 23-5-151 (2005). The state does allow some card games, 

but blackjack is not among them: 

NATIONAL HF.ADQUARTER5 1441 L 51. NW, SldlI~ 910D Warh~ngton. DC Z0005 TPf 202,632.7003 h 201,632 7066 W.NlGC,COV 

RCCloNAt OTFICES Portland, OH. Sacramento. CA; Phoenix. AZ: St Paul. MN, Tulsa. OK 
Chairman Houle letter, page 2 of2 

(1) The card games authorized by this pal? are and are limited to the card 

games known as bridge, cribbage, beads, panguingue, pitch, poker, rummy, 

solo, and whist. (2) A person may conduct or participate in a live card 

game . . . only if j t is specifically authorized by this pal$ . . .. 

Mont. Code Amo. tj 23-5-3 1 1 (2005). Furll~cr, in Palrncr v. Slate, fl~e Supreme 

Court of Montana specifically held that blaclcjack was not included among the card 

games autl~orized by statute and was, therefore, ilIegal. 191 Mont, 534 (1 98 I). 

Subsequent to the Palmer case, the statc legislature explicitly prohibited the gamc 

hy slatutc: 

lllcgal gambling enterprises . . . includes . . . a card galre, by whatever 

name known, invoIving a bank or fund from which participant may win 

money. . . and that reccives money . . . lost by tlze participanl and jucludes 

tl~cnrd g'mes of blackjack . . .. 

Mont. Code Anno. 8 23-5-1 12(17)(a) (2005). 

Further, Noltl~ena Winz 21 is, by dcfinitian, bankcd, despite its player-pooled format. 

Plnycrs play against a dealer, which plays a l~and, taltcs on all players, collects from all 

losers, pays all wini~crs, and can itsclf win. 25 C.F.R. $ 502.1 1. That the garnes are not 

banked by the house or by any particular player does not make them banking games any 

less. NTGC BzrJlefin 95-1 explained: 

In playcr-baukcd blackjack, lklc players arc not playing against ex11 other. 

They are playing agaii~st a bankcr who happens lo be at~athcr player [i.e. the 

dealel-]. The [dealer] has a percentage 01. odds advantage over aall other 

playel-s. This advantage is a fundamental charnclesistic oTa banking gaine. 

Scc NTGC BuIlctin 95- 1 (April 10, 1 995). 

1 urge you in tllc strongest possible terms to stop offering these games for play. Ii you do 

not, the NTGC CI~airman may issue a ~~oticc of violation, levy fincs of up to $25,000 per day 

or evcn close the casino. Plcnse lct the NTGC Rcgion IV Director, Jolln Peterson, know how 

you i111end lo proceed by tllc dose of busincss on August 17, 2007. You may reach him at 

G5 1-290-301 7, by fax at 65 1-290-4006, or by email at johne-peterson@nigc.gov. 

Sincerely, 

cc: Nathaniel St. Pierre, Chairman Chippewa Cree Tribal Gaming Commissio~~ 

Attorney General, State of Montana