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LOUISIANA—The latest state to raise the minimum age for some forms of gambling. Casino gaming was always limited to players over 21, but state Senator Dardenne's SB33 in 1998 amended La.R.S. §§ 27:319, 47:9025(B)(2) and 47:9070, raising the age from 18 to 21 for State Lottery and privately-owned video poker machines. A 19-year-old and the owner of a bar with video poker machines filed suit in January 1999, claiming the new law violates the state constitutional provision against age discrimination. AP Newswire J5840 (Jan. 7, 1999). The amendment provides that winnings of underage video pokers players are paid to the state. A video poker licensee, or its agent or employee, who allows persons under 21 but at least 15 to play, reasonably believing the minor is over 21, is fined $1,000 for the first violation, $1,000 for the second violation in a year, and loses its license for a third violation. A licensee who knowingly lets a minor over 15 play, or even inadvertently lets a child under 15 play, will have its license revoked. The minor is fined up to $100. The State Lottery is treated more leniently: Knowingly selling a ticket to a minor leads to a fine of $100 to $500; the minor is fined up to $100; but adults may purchase lottery tickets for children as gifts. Louisiana has everything except sports betting: Riverboat casinos, two Indian casinos, America's first urban land-based casino in New Orleans, video poker machines everywhere with large numbers at truckstops and racetracks, electronic bingo machines, pari-mutuel betting, and a state lottery.
Lottery: State statutes not only prohibit anyone under 18 from buying lottery tickets but also requires conspicuous labels, prohibiting minors from using any electronic or mechanical devices related to the lottery. Georgia Code §50-27-10.
Pari-mutuel betting: Massachusetts does not even allow minors (age 18) to attend its horse and dog races, let alone make bets. But the penalties are very small. First time violators are fined no more than $100.00. Even permitting a minor to make bets subjects a track to a fine of no more than $100.00. Massachusetts General Laws chapter 128A, §§9 and 10.
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SOUTH DAKOTA—South Dakota was one of the first states to allow its state lottery to set up video lottery terminals, slot machines without coin drops. The state also allows full-scale, low-stake casinos in Deadwood and on Indian land.
Pari-mutuel betting: Betting on bicycle races is limited to age 21. The horse racing statutes do not give a minimum age for placing a bet. The state's racing commissioners report the minimum age as being 18. Association of Racing Commissioners International, Inc., Pari-Mutuel Racing: 1996 at 59.
Bingo: Kentucky has a "Charitable Gaming" Act, which controls bingo games. The age limit is 18. A charitable organization may permit persons under 18 to play bingo if they are accompanied by a parent or legal guardian and if only non-cash prizes are awarded. Kentucky Revised Statutes §238.545.
Any licensee, employee, dealer or other person who violates or permits the violation of any of the provisions of this section, and any person under twenty-one (21) years of age who violates any of the provisions of this section shall, upon conviction, be punished by a fine of not more than One Thousand Dollars ($1,000.00) or imprisoned in the county jail not more than six (6) months, or by both such fine and imprisonment.
Casinos: The state entered into compacts allowing tribes to open full-scale, high-stake casinos—with expirations dates beginning in 1998. When the compacts came up for renewal, the state asked for more money and insisted that the age limit be raised from 18 to 21. So far, 11 of the state's 15 tribes have agreed. Wisconsin: New Compacts Guarantee State Tribal Payments, Casino Journal's National Gaming Summary at p. 12 (January 4, 1999).
Casinos: Atlantic City casinos must exclude anyone not old enough to drink alcoholic beverages, currently 21. New Jersey Statutes §5:12-119. As explained in the text, the state allows a casino to claim it did not know the minor was under 21 only when the casino is charged with a criminal offense; strict liability is imposed for all non-criminal procedures, including administrative fines.
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Casinos: California law allows cities and counties the local option of licensing gaming clubs, limited to non-banked table games. There are more than 300 gaming clubs operating throughout the state—age limits appear to be usually 21. The only state limit is a restriction limiting operators and owners to be at least 18. California Business & Professions Code §19809. Indian tribes are operating slot machines without compacts, in technical violation of the controlling federal law, the Indian Gaming Regulatory Act. All non-compacted Indian gaming, even when legal, is regulated by the tribe, which can change the age limits whenever it wishes. The Cabazon Band of Mission Indians, for example, announced in September, 1995 that it was raising the minimum age from 18 to 21 for its casino near Palm Springs and that it was firing all casino workers under 21.
