28 U.S.C. § 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) ). (Added Pub. L. 102–559, § 2(a) , Oct. 28, 1992 , 106 Stat. 4228 .) Editorial Notes References in Text The effective date of this chapter, referred to in subsec. (a)(3)(A), is Jan. 1, 1993 , see section 3 of Pub. L. 102–559 , set out as an Effective Date note under section 3701 of this title . Statutory Notes and Related Subsidiaries Effective Date Section effective Jan. 1, 1993 , see section 3 of Pub. L. 102–559 , set out as a note under section 3701 of this title .

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