BY THE LAW OF THE STATE WHERE IT IS PLAYED;
4. A COMMERCIAL ORGANIZATION FOR PROMOTIONAL PURPOSES SO LONG AS THE GAME IS NOT PROHIBITED BY THE LAW OF THE STATE WHERE IT IS PLAYED, IS CONDUCTED BY THE ORGANIZATION ONLY OCCASIONALLY, AND IS MERELY ANCILLARY TO THE ORGANIZATION'S PRIMARY BUSINESS;"
18 U.S.C.A. 1307, 47 C.F.R. 73.1211, OR
"5. AN INDIAN TRIBE OPERATING UNDER THE INDIAN GAMING REGULATORY ACT."
25 U.S.C.A. 2720, 47 C.F.R. 73.1211.
STATE BINGO
FOR THE MOST PART, GAMES OF CHANCE ARE PROHIBITED IN OKLAHOMA. 21 O.S. 1051. BINGO IS ALLOWED FOR RELIGIOUS, CHARITABLE, LABOR, FRATERNAL, EDUCATIONAL, OR OTHER ASSOCIATIONS THAT:
"1. OPERATE WITHOUT A PROFIT TO THEIR MEMBERS;
2. HAVE TAX-EXEMPT STATUS PURSUANT TO 26 U.S.C.A. 501(C)(3) THROUGH (10) OR (19);
3. HAVE EXISTED FOR AT LEAST TWO YEARS;
4. HAVE BYLAWS CONCERNING OFFICERS' DUTIES, ELECTION OF OFFICERS, AND ADMISSION OF MEMBERS;
5. PROVIDE ONE VOTE PER MEMBER ON ASSOCIATION AFFAIRS, AND
6. DO NOT ALLOW ASSIGNMENT OF MEMBERSHIP RIGHTS."
3A O.S. 408 (1992).
BINGO ALSO MAY BE OPERATED BY HOSPITALS, NURSING HOMES AND CONVALESCENT FACILITIES FOR THEIR RESIDENTS. 3A O.S. 405(B) (1992). THESE HEALTH-CARE FACILITIES MAY CONDUCT BINGO GAMES ON A "REGULAR" BASIS. ID.
INDIAN BINGO
BECAUSE BINGO IS PERMITTED FOR THESE ORGANIZATIONS, ANY FEDERALLY RECOGNIZED INDIAN TRIBE IN OKLAHOMA MAY ALSO CONDUCT BINGO IF IT ADOPTS A TRIBAL ORDINANCE OR RESOLUTION PERMITTING SUCH GAMBLING AND SECURES THE NATIONAL INDIAN GAMING COMMISSION CHAIRMAN'S APPROVAL OF THAT ACT.25 U.S.C.A. 2710. THESE GAMES MUST BE OPERATED ON INDIAN LAND ACQUIRED BY THE TRIBE BEFORE OCTOBER 17, 1988, OR, FOR PROPERTY ACQUIRED BY THE TRIBE AFTER THAT DATE, ON INDIAN LAND WITHIN THE BOUNDARIES OF THE TRIBE'S FORMER RESERVATION OR CONTIGUOUS TO OTHER PROPERTY HELD FOR THE TRIBE IN TRUST OR RESTRICTED STATUS BY THE UNITED STATES. 25 U.S.C.A. 2719.
SINCE A RECOGNIZED INDIAN TRIBE MUST HAVE SOLE PROPRIETARY INTEREST IN THE BINGO OPERATION (25 U.S.C. 2710(B)(2)), INDIVIDUAL INDIANS ARE NOT PERMITTED TO CONDUCT BINGO IN THE STATE.
FEDERAL V. ADVERTISING REGULATION
LOOKING, THEN, ONLY TO OKLAHOMA BINGO LAWS AND FEDERAL BROADCASTING AND CRIMINAL STATUTES, IT APPEARS AN OKLAHOMA RADIO STATION MAY AIR ADVERTISEMENTS FOR BINGO GAMES OPERATED LAWFULLY IN THIS STATE BY ORGANIZATIONS THAT MEET THE SIX REQUIREMENTS OF 3A O.S. 408 (1992), LISTED ON PAGE 3 OF THIS LETTER. IT ALSO APPEARS, UNDER FEDERAL LAW, STATIONS MAY BROADCAST COMMERCIALS FOR INDIAN TRIBAL BINGO OPERATED PURSUANT TO THE INDIAN GAMING REGULATORY ACT.
WHETHER FEDERAL LAW WOULD PERMIT OKLAHOMA BROADCASTERS TO AIR ADVERTISEMENTS FOR GAMES OPERATED BY HEALTH-CARE FACILITIES PURSUANT TO 3A O.S. 405 (1992) IS A FACT-SPECIFIC QUESTION THAT CANNOT BE ANSWERED BY AN ATTORNEY GENERAL OPINION. BINGO OPERATED BY THESE FACILITIES COULD COME UNDER EITHER THE NOT FOR PROFIT CATEGORY OR PROMOTIONAL CATEGORY LISTED STARTING ON PAGE 2, BUT IF A FOR-PROFIT HEALTH-CARE ORGANIZATION RAN BINGO GAMES ON A REGULAR BASIS OR STRICTLY FOR THE AMUSEMENT OF ITS PATIENTS WITHOUT INTENDING TO PROMOTE THE FACILITY, THE GAMES COULD NOT BE ADVERTISED LAWFULLY ON RADIO.
HOWEVER, BEFORE