In Nevada, an inventor or “developer” of games cannot offer a table game for play unless it qualifies as a “game” or “gambling game” as defined in the Gaming Control Act (the “Act”), or unless the Nevada Gaming Commission (the “Commission”) has approved it as a new game.
The Act defines a “game” or “gambling game” as any game played with cards, dice, equipment or any mechanical, electromechanical or electronic device or machine for money, property, checks, credit or any representative of value, including, without limiting the generality of the foregoing, faro, monte, roulette, keno, bingo, fan-tan, twenty-one, blackjack, seven-and-a-half, big injun, klondike, craps, poker, chuck-a-luck, Chinese chuck-a-luck (dai shu), wheel of fortune, chemin de fer, baccarat, pai gow, beat the banker, panguingui, slot machine, any banking or percentage game or any other game or device approved by the Commission. However, the Act explicitly excludes from this definition all games played with cards in private homes or residences in which no person makes money for operating the game, except as a player, or games operated by charitable or educational organizations which are approved by the State Gaming Control Board (the “Board”).
Similarly, a new variation to a previously approved game cannot be offered within the state unless it has been approved by the Chairman of the Board (the “Chairman”) or his designee. The Act does not define what constitutes a variation to a previously approved game. However, in practice, the Board has restricted game variations to either a new side wager to an existing game or a change in the pay table to an existing side wager or table game.
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