Laws: Cases and Codes : U.S. Code : Title 28 : Section 3704


   
U.S. Code as of: 01/19/04
Section 3704. Applicability

      (a) Section 3702 shall not apply to - 
        (1) a lottery, sweepstakes, or other betting, gambling, or
      wagering scheme in operation in a State or other governmental
      entity, to the extent that the scheme was conducted by that State
      or other governmental entity at any time during the period
      beginning January 1, 1976, and ending August 31, 1990;
        (2) a lottery, sweepstakes, or other betting, gambling, or
      wagering scheme in operation in a State or other governmental
      entity where both - 
          (A) such scheme was authorized by a statute as in effect on
        October 2, 1991; and
          (B) a scheme described in section 3702 (other than one based
        on parimutuel animal racing or jai-alai games) actually was
        conducted in that State or other governmental entity at any
        time during the period beginning September 1, 1989, and ending
        October 2, 1991, pursuant to the law of that State or other
        governmental entity;

        (3) a betting, gambling, or wagering scheme, other than a
      lottery described in paragraph (1), conducted exclusively in
      casinos located in a municipality, but only to the extent that - 
          (A) such scheme or a similar scheme was authorized, not later
        than one year after the effective date of this chapter, to be
        operated in that municipality; and
          (B) any commercial casino gaming scheme was in operation in
        such municipality throughout the 10-year period ending on such
        effective date pursuant to a comprehensive system of State
        regulation authorized by that State's constitution and
        applicable solely to such municipality; or

        (4) parimutuel animal racing or jai-alai games.

      (b) Except as provided in subsection (a), section 3702 shall
    apply on lands described in section 4(4) of the Indian Gaming
    Regulatory Act (25 U.S.C. 2703(4)).



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