24 NCAC 06A .0103         Authorization

(a)  These Rules cover only activities specifically authorized by Chapter 18C of the North Carolina General Statutes or other State law. The federal Indian Gaming Regulatory Act, 25 U.S.C. 2701, and G.S. 14-292.2 do not represent a basis for these Rules.

(b)  These Rules do not implicitly or expressly authorize any Applicant, Responsible Party, any Person acting on behalf of a Responsible Party, any Person subject to the Commission's oversight or authority, or any other Person to engage in Sports Wagering, Pari-Mutuel Wagering, regulated gaming activity, or related activities beyond those allowed by law. These Rules do not displace federal or any other State law.

(c)  The Act and these Rules do not apply to Sports Wagering or Pari-mutuel Wagering conducted exclusively on Indian Lands by an Indian tribe operating in accordance with a tribal-state gaming compact, G.S. 14-292.2, and authorized to conduct Class III gaming pursuant to a compact with the State.

(d)  For purposes of these Rules, Sports Wagering and Pari-mutuel Wagering are conducted exclusively on Indian Lands only if the Person who places the Wager is physically present on Indian Lands when the Wager is initiated and the Wager is received by an Indian tribe operating on the same Indian Lands in accordance with a tribal-state gaming compact, G.S. 14-292.2, and in conformity with the safe harbor requirements as provided in 31 U.S.C. 5362(10)(c).

 

History Note:        Authority G.S. 18C-114(a)(14);

Previously adopted as Rule 1A-003;

Eff. January 8, 2024;

Readopted Eff. March 27, 2024.