If you have sầu ever ventured onto the gaming floor of one of the many Indian casinos in California, you have sầu likely been puzzled by the diceless craps tables, or the roulette games conspicuously missing the iconic ball-bearing wheel. These games are often wildly popular in casinos. The history behind these creative sầu work-arounds lies in the origins of gambling in California, the enactment of California’s Gambling Control laws, & Tribal-state gaming compacts negotiated as early as 1999.

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Beginning largely in the mid-1800’s, the allure of “striking it rich in the west” brought copious amounts of miners khổng lồ the golden-state of California in tìm kiếm of their giới thiệu of the riches. As settlement camps grew larger with an abundance of mostly risk-loving men, gambling tents flourished. However, soon after, public opinion turned in the United States with many viewing gambling as socially immoral. In 1860, California banned all banked games (games where the player bets against the house) with Penal Code § 330. Fast forward to lớn the mid-1980’s, the Supreme Court of the United States handed down its decision in California v. Cabazon, which concluded that while States in a Public Law 280 state could prohibit activities on Tribal lands as part of a general law, if the activity is regulated rather than prohibited, the State did not have sầu jurisdiction. This decision culminated in the passage of the 1988 federal gaming statute, the Indian Gaming Regulatory Act (IGRA).

IGRA provides the legislative sầu và regulatory framework for Tribes to lớn establish gaming operations in an effort khổng lồ promote tribal economic development, self-sufficiency, and strong tribal governments. IGRA defines three classes of games that each have their own regulatory scheme, with Class III including the games commonly associated with Las Vegas-style gambling including roulette and craps. Before a Tribe can lawfully operate a class III gaming operation, Tribes must do the following: (1) look to see if the chosen khung of class III gaming is regulated in the state where the Tribe is located, (2) negotiate a compact with the state that is approved by the Secretary of the Interior, và (3) adopt a Tribal gaming ordinance that has been approved by the Chairman of the National Indian Gaming Commission.

In 1999, the Governor of California negotiated gaming compacts with many of California’s federally recognized Indian Tribes. As part of these Tribal-state negotiations, house-banked thẻ games were regulated, but certain games such as craps, roulette, and dice-games based on chance remained prohibited under the state constitution & laws. Essentially, California forbids games where a ball or dice alone determines the outcome. With these restrictions in mind, Tribal casinos got clever and invented new games that simulated the same or similar odds to craps & roulette, but retained the legal definition of house-banked card games.

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California Roulette varies from casino lớn casino, but the idea remains consistent. Players wager bets on a typical roulette layout, but the ultimate winning piông xã is based on a card numbered và colored identical to lớn that of a roulette wheel. Some casinos have a spinning thẻ wheel that uses a flapper khổng lồ stop on the winning thẻ. Others casinos draw three random cards và place them face-down on three regions on the table labeled “1-12”, “13-24”, and “25-36”; representative sầu of the range of numbers. A roulette wheel is spun, & the number range that the ball lands in determines which card is flipped over lớn reveal the winning card.

California Craps sidesteps the dice “chance” prohibition by using a combination of dice and playing cards, or cards alone. Again, the variations differ from casino khổng lồ casino, but the essential idea is that cards are representative of the winning “dice” numbers, thus making it a house-banked thẻ game.

The California Division of Gambling Control has released Tribal Casino Advisory bulletins in favor of allowing California Roulette and diceless forms of California Craps, but has explicitly called out some variations of California Craps, stating that it considers any house-banked games played with dice, whether or not they incorporate the use of cards, to be unauthorized Class III gaming activities. While these advisory opinions have sầu scared some Tribes into doing away with any khung of craps or roulette, it is important lớn rethành viên that the advisory opinions bởi not constitute legal advice. As long as Tribes can continue khổng lồ present the viable argument that the particular game is a house-banked thẻ game, the Tribal casinos are functioning within the boundaries of their Compacts, & players can continue khổng lồ “roll the dice.”

Kele Bigknife is a citizen of the Cherokee Nation & is entering his third year at the University of Michigan Law School. He is a member of the Editorial Board for the Michigan Business & Entrepreneurial Law Đánh Giá. Kele is a recipient of the 2016 Procopio Native American Internship.

Ted is head of the Native sầu American Law practice group and primary editor for the Blogging Circle. Connect with him at ted.griswold