§ 3704. — Applicability.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC3704]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART VI--PARTICULAR PROCEEDINGS
CHAPTER 178--PROFESSIONAL AND AMATEUR SPORTS PROTECTION
Sec. 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, Sec. 2(a), Oct. 28, 1992, 106 Stat. 4228.)
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.