Class II gaming.

§ 502.3 Class II gaming. Class II gaming means: (a) Bingo or lotto (whether or not electronic, computer, or other technologic aids are used) when players: (1) Play for prizes with cards bearing numbers or other designations; (2) Cover numbers or designations when object, similarly numbered or designated, are drawn or electronically determined; and (3) Win the game by being the first person to cover a designated pattern on such cards; (b) If played in the same location as bingo or lotto, pull-tabs, punch boards, tip jars, instant bingo, and other games similar to bingo; (c) Nonbanking card games that: (1) State law explicitly authorizes, or does not explicitly prohibit, and are played legally anywhere in the state; and (2) Players play in conformity with state laws and regulations concerning hours, periods of operation, and limitations on wagers and pot sizes; (d) Card games played in the states of Michigan, North Dakota, South Dakota, or Washington if: (1) An Indian tribe actually operates the same card games as played on or before May 1, 1988, as determined by the Chairman; and (2) The pot and wager limits remain the same as on or before May 1, 1988, as determined by the Chariman; (e) Individually owned class II gaming operations— (1) That were operating on September 1, 1986; (2) That meet the requirements of 25 U.S.C. 2710(b)(4)(B); (3) Where the nature and scope of the game remains as it was on October 17, 1988; and (4) Where the ownership interest or interests are the same as on October 17, 1988.