LAW HAS BEEN VIOLATED AND/OR WHETHER ANY VIOLATIONS MERIT PROSECUTION ARE MATTERS WITHIN THE SOLE DISCRETION OF THE APPROPRIATE DISTRICT ATTORNEY OR OTHER PROSECUTORIAL AUTHORITY.
ADDITIONALLY, SINCE YOUR INQUIRY IS FACT-DEPENDENT, CONSIDERATION SHOULD BE GIVEN TO WHETHER THE OKLAHOMA STATUTORY DEFINITION OF "BINGO" COVERS THE CONTEMPLATED ACTIVITIES. WHILE THE DEFINITION OF "BINGO" IS BROAD, PLEASE NOTE THAT IT DOES NOT APPEAR TO BE ILLUSTRATIVE, BUT INSTEAD DEFINES WITH GREAT SPECIFICITY THE METHOD AND MANNER OF PLAYING THE GAME IN OKLAHOMA KNOWN AS "BINGO." 21 O.S. 995.2(1) (1990).
BECAUSE OF THIS DEFINITION, CONSIDERATION SHOULD ALSO BE DIRECTED TOWARD A REVIEW OF THE CONTEMPLATED ACTIVITIES WITH THE STATUTES THAT PROHIBIT A LOTTERY WITHIN THE STATE OF OKLAHOMA. 21 O.S. 1051 (1981). SINCE THE THREE ELEMENTS FOR A SCHEME TO BE A LOTTERY ARE PRIZE, CHANCE AND CONSIDERATION, SHOULD THE CONTEMPLATED ACTIVITIES FALL OUTSIDE THE BINGO DEFINITION, THEY MAY BE PROHIBITED BY THE LAWS IN OKLAHOMA AGAINST LOTTERY.
THOUGH THE FEDERAL INDIAN GAMING REGULATORY ACT (25 U.S.C.A. 2701 ET SEQ.) IMPACTS UPON ACTIVITY CONDUCTED WITHIN INDIAN COUNTRY, THERE IS NO CASELAW THAT INDICATES THAT THIS ACT APPLIES ALL GAMING ACTIVITY TO BE CONDUCTED WITHIN THE STATE OF OKLAHOMA, IF THAT ACTIVITY IS NOT LOCATED WITHIN INDIAN COUNTRY.
THE ACTIVITIES SUGGESTED BY YOUR INQUIRY AND THE BRIEF ACCOMPANYING YOUR REQUEST MAY BE GOVERNED BY OTHER STATE STATUTES IN ADDITION TO THE ABOVE OKLAHOMA CRIMINAL STATUTES. THESE ACTIVITIES MAY NEED TO BE EXAMINED IN LIGHT OF OKLAHOMA'S CONSUMER CREDIT CODE, FOUND IN TITLE 14 OF THE OKLAHOMA STATUTES, SINCE YOUR INQUIRY ANTICIPATES SOME FEE OR CHARGE BEING MADE, POSSIBLY BY A CREDIT TRANSACTION IN SOME INSTANCES, FOR THE OPPORTUNITY TO PLAY THE BINGO GAME.
(GLEN D. HAMMONS)