My understanding is that there are in fact a number of class II machines in other than Indian Casinos? Are not all NY state class II. All racinos in Ohio also. As well as the three casinos in WV? Am I way off base?
Class II games may not be limited to Indian casinos. However, some Indian casinos are only allowed to run class I or class II games. They are prohibited from running class III games.
There are 24 states that allow Indian casinos to run class III games. New York is one of the states.
Here is what the New York Gaming Commission web site has to say about it.
Indian Gaming: In 1988 Congress passed the Indian Gaming Regulatory Act permitting federally recognized Indian tribes the ability to conduct gaming activities under certain circumstances. This law allows traditional Indian gaming, bingo, pull tabs, lotto, punch boards, tip jars, and certain card games on tribal land. However, it requires a Tribal/State compact for all other forms of gaming.
Three tribes have lawful gaming in New York State:
• The Seneca Nation of Indians operate the Class III Seneca Niagara Casino in Niagara Falls, the Class III Seneca Allegany Casino, the Class III Seneca Buffalo Casino in Buffalo, and Class II bingo on both their Cattaraugus and Allegany Reservation lands.
• The St. Regis Mohawks operate the Class II Mohawk Bingo Palace and the Class III Akwesasne Mohawk Casino, which also houses Class II poker games.
• The Oneida Indian Nation of New York operates the Turning Stone Casino, which houses both Class II bingo and poker, as well as its Class III gaming operations.
The Gaming Commission maintains a constant twenty-four hour presence within the gaming facilities of the five Class III facilities to maintain the integrity of all activities conducted in regard to Class III gaming, and to insure the fair and honest operation of such gaming activities.
Additionally, the State conducts background investigations on all employees of the casino and enterprises who conduct gaming related business with the casino to ensure their suitability.
Pursuant to each Compact the State jointly regulates Class III gaming facilities with a Nation or Tribal Gaming Agency, respectively. Class II gaming activities, e.g., bingo, pull tabs, lotto, punch boards, tip jars, and certain card games, are regulated by the Tribe in conjunction with the National Indian Gaming Commission, although tribes, under certain circumstances, may self-regulate these activities.
According to this, not all New York Indian casinos are class II. It also appears that Class
III games are allowed in Ohio, though it is possible that Racinos do not have them. Regulations are constantly changing. The best way to know for sure if a casino has class III games is to ask the management of the casino in question.
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