James C. Malcolm 

Vice President Marketing 

Gaming Ventures International, Inc. 

2459 E. Sunrise Blvd. 

Ft. Lauderdale, FL 33304 

Dear Mr. Malcolm: 

You requested the National Indian Gaming Commission (NIGC) to review the game 

POKO and to inform you of how and where POKO may be played on Indian lands. The Indian 

Gaming Regulatory Act (IGRA) established the conditions under which gaming may take place on 

Indian lands. Games that are Class I1 may be played by tribes if they have an ordinance approved 

by the Chairman of the NIGC. Class 111 games may be played by tribes if they have an approved 

ordinance and an approved Tribal-State compact with the state in which the tribe and the land are 

located. If POKO is a class 11 game, it may be played by any federally recognized tribe with an 

approved ordinance. If POKO is a Class 111 game, a tribe must obtain an approved Tribal-State 

compact with the state authorizing the play of the game. Based on the information that you 

provided, the NIGC has determined that POKO is a Class 111 game and tribes must have an 

approved Tribal-State compact authorizing the game before they may offer this game. 

The gaming facility banks POKO by selling the POKO cards to the players and by paying 

all the prizes won by the players. Each POKO card contains thirteen (13) columns and four (4) 

lines, creating fifty-two (52) boxes. The columns are designated from deuce to ten, jack, queen, 

king, and ace. The lines are designated by a spade, a heart, a club, and a diamond. The boxes are 

filled with numbers from 1 to 52 and are randomly arranged. Five (5) or seven (7) numbers are 

drawn and the players mark their cards accordingly. The placement of the called numbers on the 

player's card determines the player's "poker hand." If a player's "poker hand" is a pair ofjacks or 

higher, the player wins. The amount a player wins depends on the strength of the "poker hand." 

MGC regulations define Class I gaming as "social games solely for prizes of minimal 

value or traditional forms of Indian gaming ...." 25 C.F.R. § 502.2. Class I1 gaming is defined as: 

(a) Bingo or lotto (whether or not electronic, computer, or other technological 

aids are used) when players: 

(1) Play for prizes with cards bearing numbers or other designations; 

(2) Cover numbers or other designations when object, similarly numbered 

or designated, are drawn or electronically determined; and 

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1441 L STREET, N.W. 9TH FLOOR WASHINGTON, D.C. 20005 TEL.: 202-632-7003 FAX: 202-632-7066 
(3) Win the game by being the first person to cover a designated pattern 

on such cards; 

(b) If played in the same location as bingo or lotto, pull-tabs, punch boards, tip 

jars, instant bingo, and other games similar to bingo; 

(c) Nonbanking card games that: 

(1) State law explicitly authorizes, or does not explicitly prohibit, and are 

played legally elsewhere in the state; and 

(2) Players play in conformity with state laws and regulations concerning 

hours, periods of operation, and limitations on wagers and pot sizes. 

25 C.F.R. 5 502.3. Class 111 gaming is defined as "all forms of gaming that are not Class I gaming 

or Class 11 gaming." 25 C.F.R. 5 502.4. 

POKO is clearly not Class I gaming. It is also not Class I1 gaming because it is not a 

bingo game, a game similar to bingo, or a card game. POKO is not a bingo game because it does 

not have a designated pattern and is not won by the first person covering a designated pattern. 

For this reason also, it is not a game similar to bingo. It is not a Class 11 card game because 

POKO does not use a deck of cards and it is a banked game. Therefore, because it is neither a 

Class I game nor a Class I1 game, it is a Class 111 game. As stated above, a tribe must have an 

'IWWrYUU' approved Tribal-State compact authorizing POKO before it may play the game. 

If you have any questions, please contact Mai Dinh at 202-632-7003. 

General Counsel