Finals Chapter 14 - Legal Aspect

College of Hospitality and Tourism Management
Faith. Character. Service
CHAPTER 14
Gaming Law
GAMING LAW
Gaming Law - a set of laws and regulations that apply to the gaming or
gambling industry (i.e govern wagers and betting) in the US. Gaming
law is very complex and can also change quickly depending on the
circumstances.
Gaming law is regulated by federal, state, and tribe laws. The federal
government legalizes gambling, but with strict restrictions. Every state
has its own gambling laws, choosing which activities should be allowed
or prohibited. Tribe governments can decide whether to offer gaming
activities on their land or not.
Examples of Gaming Activities:

• State lottery- a game of chance operated by a state government;
operates to raise funds for general operations or to specifically fund a
government project. States that allow lotteries can collaborate to
operate an interstate lottery called Powerball.
• State-sponsored scratch-off tickets are also legally regulated in the
United States.
• Sports betting- kind of game where players place their wages (e.g
bingo, if the player pays to participate)
Professional and Amateur Sports Protection Act of 1992 (PASPA)

It is a judicially-overturned law banning sports betting in the U.S, excluding a few
states. The case that overturned PASPA in Murphy v. National Collegiate Athletic
Association, decided in May 2018, in which the Supreme Court of the United
States ruled that the law conflicts with the Tenth Amendment of the U.S
Constitution.
Indian Gaming Regulatory Act of 1988 (IGRA)
It is a U.S. law that establishes the National Indian Gaming Commission, which
aims to regulate Native American gaming ventures. IGRA requires Native American
tribes to use gaming revenue for charitable purposes that may include their own
government operations, economic improvements, and the welfare of their tribal
members. The Act divides gaming into classes based on the type of activity
wherein each gaming class differs in regulatory authority and varying amounts of
restrictions.
U.S Department of Justice

Gaming law violations are considered federal crimes where criminal
prosecutions can also be applied. Department of Justice and state
prosecutorial agencies may also work to fight fraud in gaming(criminal fraud),
ensuring the integrity of gaming activities. Internet gaming or online
gambling. Laws regarding online gambling include the Federal Wire Act of
1961 and the Unlawful Internet Gambling Enforcement Act of 2006 (UIEGA)...
Under the Federal Wire Act of 1961, it is illegal to wire or transfer money for
the purpose of placing a wager. To further strengthen the federal prohibition
on Internet gaming, the Unlawful Internet Gaming Enforcement Act of 2006
(UIEGA) is created which directly prohibits most types of Internet gambling.
Another type of laws that can be involved in gaming law:
• Real estate law

• Tax law
• Business law
• Employment law
• Contract law
• Zoning law
• Administrative law
• Criminal law
• Jurisdictional questions and issues
• Litigation
GAMING LAWYERS
These are attorneys who practice gaming law and work for and advise gaming
owners and operators. They can also:
• work for a government entity advising them on state lottery operation
• might work for the National Indian Gaming Commission as regulatory officials
• work for the Department of Justice pursuing violations of federal gaming laws
• work directly for the gaming operator, or they might advise the gaming
operator on a contractual basis
• serve as in-house counsel of gaming operators
• advise their clients in other areas of law like business law, real estate, taxes,
and employment issues
Advantages of becoming a gaming lawyer

• can enjoy a stable and lucrative career advising their clients
• may enjoy a long career under private gaming operators without
unwanted changes or interruptions
• focused only on one area of law-making them an expert
• can branch their career into many different fields that can benefit the
gaming operator they are working under
Organizations Related to
Gaming Law
American Gaming Association (AGA)

The American Gaming Association (AGA) opened its office in Washington,
D.C., in June 1995intending to inform the general public, elected officials,
other decision-makers, and the media about the gaming entertainment
industry.
International Association of Gaming Advisors (IAGA)
It is a nonprofit professional corporation formed in 1980 dedicated to the
study and development of gaming law. Its sister organization is the
International Association of Gaming Regulators (IAGR).
International Association of Gaming Regulators (IAGR)
It is an organization of gaming regulators from around the world who
communicate continuingly about matters of common interest and convene
annually at a formal meeting, together with IAGA.
International Masters of Gaming Law (IMGL)

American Gaming Association (AGA)It is an invitation-only, non-profit
association dedicated to education and the advancement of the gaming law
profession, and to establishing an exchange of professional information
about the local and global practice and development of gaming law.
National Center for Responsible Gaming (NCRG)
It is the only national organization exclusively devoted to funding research
that helps increase understanding of pathological and youth gambling and
be able to find effective methods of treatment for the disorder.
National Indian Gaming Association
It is a nonprofit organization with information on tribal gaming casinos,
newsletters, and Indian Gaming Myths from around the country.
National Indian Gaming Commission (NIGC)

It is an independent federal regulatory agency of the United States established
pursuant to the Indian Gaming Regulatory Act of 1988 (Act).
The Commission comprises a Chairman and two Commissioners, each of whom
serves on a full-time basis for a three-year term. The Chairman is appointed by the
President and must be confirmed by the Senate. The Secretary of the Interior
appoints the other two Commissioners. Under the Act, at least two of the three
Commissioners must be enrolled members of a federally recognized Indian tribe,
and no more than two members may be of the same political party.
North American Gaming Regulations Association
It is a nonprofit professional association of gaming regulators throughout North
America. The organization brings together agencies that regulate gaming activities
and provides them a forum for the mutual exchange of regulatory information and
techniques.

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College of Hospitality and Tourism Management

Faith. Character. Service

Examples of Gaming Activities:

Professional and Amateur Sports Protection Act of 1992 (PASPA)

U.S Department of Justice

Another type of laws that can be involved in gaming law:

• Real estate law

Advantages of becoming a gaming lawyer

American Gaming Association (AGA)

International Masters of Gaming Law (IMGL)

National Indian Gaming Commission (NIGC)

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