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The State Legislature established the New York State
Racing and Wagering Board in 1973. The Board was created to
combine the functions of the various existing racing
commissions to provide a centralized authority. Pursuant to
statute, the Board was given "general jurisdiction over all
horse racing activities and all pari-mutuel betting
activities, both on-track and off-track, in the state and
over the corporations, associations, and persons engaged
therein."
Prior to the 1973 enactment, the State had several
Commissions that were charged with the regulation and
oversight of legalized gambling that governed Thoroughbred
Racing, Harness Racing, Quarter Horse Racing, Off-Track
Betting and the Lottery. Under the new legislation, all
these Commissions, except for the Lottery, were consolidated
into the New York State Racing and Wagering Board.
Of the consolidated commissions, the State Racing Commission
was the oldest, having been established in 1895. The
Commission also held the prestige of being the oldest racing
regulatory body in the nation. When the Racing and Wagering
Board assumed the powers and duties of the Racing
Commission, a reconstituted State Racing Commission was
created as an advisory board.
In April 1970, New York State enacted a law permitting local
communities to operate pari-mutuel off-track betting
facilities. New York City OTB was the first, which started
in 1971. Schenectady OTB followed in 1971, and then Western
OTB commenced in 1974. Nassau OTB opened its first branch on
January 31, 1975 followed by Suffolk OTB in April 1975 and
Catskill OTB in 1976. At the time, simulcasting consisted of
an audio signal, which was transmitted to the betting
facilities. Simulcasting a live audiovisual signal was first
authorized by the State Legislature in 1984 on an
experimental basis and was extended permanently in 1990.
The first permanent appointment to the Racing and Wagering
Board was Joseph H. Boyd, Jr. Governor Nelson Rockefeller
appointed him as a member on June 30, 1973. Emil Mosbacher,
Jr., the first Chairman of the Board was appointed on August
1, 1973.
In 1977, the functions of the Bingo Control Commission were
transferred to the Board. Since this transfer the Board has
regulated both bingo and games of chance conducted by
religious, charitable and certain non-profit organizations.
Bingo was authorized pursuant to a constitutional amendment
passed in 1957. Games of chance were authorized by
constitutional amendment in 1975.
Finally, in 1993 the Board was given the authority to
regulate Class III Indian gaming in the State pursuant to
Compacts entered into between the State of New York and the
Oneida Indian Nation of New York and the St. Regis Mohawk
Tribe. Currently there are two Native American casinos in
New York State. The Oneida Indian Nation of New York has
operated the Turning Stone Casino Resort in Verona since
July 20, 1993. The St. Regis Mohawk Tribe opened the
Akwesasne Mohawk Casino in Hogansburg on April 10, 1999.
Both Compacts were negotiated under the auspices of the
Federal Indian Gaming Regulatory Act. The United States
Department of the Interior on June 4, 1993 approved the
Oneida Compact. The St. Regis Compact was approved on
December 4, 1993.
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1. Why can Indians conduct gambling activities?
2. What is a Federally recognized tribe?
3. What does tribal sovereignty mean to Indians?
4. Why are Indians sometimes referred to as Native
Americans?
5. How many tribes are there in New York State?
6. How many Tribes have gaming in New York State?
7. What games are played at Tribal casinos?
8. What is New York State’s role at Indian casinos?
9. Who regulates Class III Indian Casinos?
10. Who regulates Class II Indian bingo?
11. How does a company do business with the casino?
12. How does a person obtain employment at Indian casinos?
13. Why aren’t Indian casinos taxed?
14. Can Indian casinos serve alcoholic beverages?
1. Why can Indians conduct gambling activities?
Indian land is not under State law unless a Federal law
places it under State law. The Supreme Court held that even
if a tribe is under State law the State gaming regulations
do not apply on Indian trust land. 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. Today there are about 207 tribes that
operate 330 gaming facilities in 28 states.
The Tribe may regulate traditional forms of Indian gaming by
itself. 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. All other forms of tribal gaming are subject to
regulation as determined and defined by State-Tribal gaming
compacts.
The National Indian Gaming Commission was established by
Congress to develop regulations for Indian gaming. For more
information contact the National Indian Gaming Commission,
9th., Floor, 1441 L Street, NW, Washington, DC 20005 (202)
632-7003.
Back to Top
2. What is a Federally recognized tribe?
There are about 562 federally recognized Tribes in the
United States. "Federally recognized" means these tribes and
groups have a special, legal relationship with the United
States government. This relationship is referred to as a
government-to-government relationship. A number of Indian
Tribes and groups in the United States do not have a
federally recognized status, although some are state
recognized. This means they have no relations with the
federal Bureau of Indian Affairs (BIA) or the programs it
operates. A special program of the BIA, however, works with
those groups seeking federal recognition status.
Back to Top
3. What does tribal sovereignty mean to Indians?
When Indian tribes first encountered Europeans, they were
dealt with because of their strength in numbers and were
treated as sovereign governments with whom treaties were
made. When tribes gave up their lands to the United States,
they retained certain sovereignty over the lands they kept.
While such sovereignty is limited today, it is nevertheless
jealously guarded by the tribes against encroachments by
other sovereign entities such as states. Tribes enjoy a
direct government-to-government relationship with the United
States government wherein no decisions about their lands and
people are made without their consent.
Back to Top
4. Why are Indians referred to as Native Americans?
The term, "Native American," came into usage in the 1960's
to denote the groups served by the Bureau of Indian Affairs:
American Indians and Alaska Native (Indians, Eskimos and
Aleuts of Alaska). Later the term also included Native
Hawaiians and Pacific Islanders in some Federal programs.
It, therefore, came into disfavor among some Indian groups.
The preferred term is "American Indian." The Eskimos and
Aleuts in Alaska are two culturally distinct groups and are
sensitive about being included under the "Indian"
designation. They prefer, "Alaska Native."
Back to Top
5. How many tribes are there in New York State?
There are seven federally recognized Indian tribes in New
York State. They are:
Cayuga Nation of Indians
Oneida Indian Nation of New York
Onondaga Indian Nation
St. Regis Mohawk Tribe
Seneca Nation of Indians
Tonawanda Band of Seneca
Tuscarora Nation
Additionally, there are two tribes on Long Island that have
state, but not federal, recognition.
Shinnecock Tribe
Unkechauge Nation of Poospatuck Indians
These tribes have a government-to-government relationship
with the State of New York but not with the United States.
As a matter of policy, the State of New York does not grant
recognition to or enter into government-to-government
relationships with Indian nations that are not federally
recognized. The Shinnecock and Poospatuck relationship with
the State of New York was cultivated in colonial times when
on July 2, 1700 the Poospatuck received a deed for land from
William Tangier Smith and on August 16, 1703 the Colony of
New York and the Town of Southhampton gave the Shinnecock a
one thousand year lease for certain land on Long Island. The
State continued to treat these groups as Indian tribes after
the American Revolution. Before either of these tribes could
open any form of gambling establishments under the federal
Indian gaming Regulatory Act they would first have to obtain
recognition by the federal Department of the Interior.
A group known as the Ramapough Mountain Indians also have a
presence in the State in Rockland County, but they have been
unsuccessful in obtaining either State of Federal
recognition as a Tribe. The Montauk Indian Nation of Long
Island has indicated its intention to apply for federal
recognition.
Back to Top
6. How many Tribes have gaming in New York State?
Only three tribes have lawful gaming: The Seneca Nation of
Indians operate Class III Seneca Niagara Casino in Niagara
Falls, Class III Seneca Allegany Casino 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; and 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.
Back to Top
7. What games are played at Tribal casinos?
Appendix A of both the Oneida and St. Regis Compacts
enumerate the lawful gaming activities permitted to be
operated by each tribe. These activities are: Acey Ducey,
Baccarat; Bang; Beat the Dealer; Bell Jars; Best Poker Hand;
Big Nine; Big Six; Blackjack; Card Wheel; Caribbean Stud
Poker, Chuck-a-Luck; Color Wheel; Craps; The Fruit Wheel;
Hazard; Horse Race Game; Horse Race Wheel; Joker Seven;
Keno; Let It Ride, Merchandise Wheels; Mini-Baccarat; Money
Wheel; Pai-Gow; Red Dog; Roulette; Super Pan Game; and Under
& Over Seven. Additionally, the Oneida have been permitted
to operate Sic Bo.
We have put this site together for you sport fans and hope
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8. What is New York State's role at Indian casinos?
The State maintains a constant twenty-four hour presence
within the gaming facilities of the three 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.
Back to Top
9. Who regulates Class III Indian Casinos?
Pursuant to each Compact the State jointly regulates Class
III gaming facilities with a Nation or Tribal Gaming Agency,
respectively.
Back to Top
10. Who regulates Class II Indian bingo?
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.
Back to Top
11. How does a company do business with the casino?
Any company wishing to provide services, supplies or
equipment to a Class III gaming operation must be registered
by the State of New York Racing and Wagering Board. This
process begins by the Nation or Tribal Gaming Agency
receiving applications and forwarding such to the New York
State Racing and Wagering Board, who will review the
application and identify principals required to file
individual applications.
Upon receipt of all required paperwork the Board will make a
determination whether to temporarily register the company
pending a background investigation conducted by the New York
State Police Casino Detail.
If any individuals or businesses seek to provide services,
supplies or equipment to the casinos,....
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