Michigan Laws 432.304 – Internet gaming, conduct generally; applicability of act; limitation on brand of internet gaming
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Terms Used In Michigan Laws 432.304
- Affiliate: means a person that, directly or indirectly, through 1 or more intermediaries, controls or is controlled by an internet gaming operator. See Michigan Laws 432.303
- Authorized participant: means an individual who has a valid internet wagering account with an internet gaming operator and is 21 years of age or older. See Michigan Laws 432.303
- Casino: means a building or buildings in which gaming is lawfully conducted under the Michigan Gaming Control and Revenue Act, 1996 IL 1, MCL 432. See Michigan Laws 432.303
- Class III gaming: means that term as defined in 25 USC 2703. See Michigan Laws 432.303
- Fantasy contest: means that term as defined in section 2 of the fantasy contests consumer protection act, 2019 PA 157, MCL 432. See Michigan Laws 432.303
- Indian lands: means that term as defined in 25 USC 2703. See Michigan Laws 432.303
- Indian tribe: means that term as defined in 25 USC 2703 and any instrumentality, political subdivision, or other legal entity through which an Indian tribe operates its casino in this state. See Michigan Laws 432.303
- Internet: means the international computer network of interoperable packet-switched data networks, inclusive of such additional technological platforms as mobile, satellite, and other electronic distribution channels. See Michigan Laws 432.303
- Internet game: means a game of skill or chance that is offered for play through the internet in which an individual wagers money or something of monetary value for the opportunity to win money or something of monetary value. See Michigan Laws 432.303
- Internet gaming: means operating, conducting, or offering for play an internet game. See Michigan Laws 432.303
- Internet gaming operator: means a person that is issued an internet gaming operator license from the board. See Michigan Laws 432.303
- Internet gaming platform: means an integrated system of hardware, software, applications, including mobile applications, and servers through which an internet gaming operator operates, conducts, or offers internet gaming. See Michigan Laws 432.303
- Internet gaming platform provider: means an internet gaming supplier that contracts with an internet gaming operator to provide an internet gaming platform. See Michigan Laws 432.303
- Internet wager: means money or something of monetary value risked on an internet game. See Michigan Laws 432.303
- Internet wagering: means risking money or something of monetary value on an internet game. See Michigan Laws 432.303
- Person: means an individual, partnership, corporation, association, limited liability company, federally recognized Indian tribe, or other legal entity. See Michigan Laws 432.303
- Poker: means the traditional game of poker, and any derivative of the game of poker as approved by the board, in which 2 or more authorized participants play against each other and wager on the value of the cards in the authorized participants' hands. See Michigan Laws 432.303
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
(1) Internet gaming may be conducted only to the extent that it is conducted in accordance with this act.
(2) An internet wager received by an internet gaming operator or its internet gaming platform providers is considered to be gambling or gaming that is conducted in the internet gaming operator‘s casino located in this state, regardless of the authorized participant‘s location at the time the participant initiates or otherwise places the internet wager.
(3) A law that is inconsistent with this act does not apply to internet gaming as provided for by this act.
(4) This act does not apply to any of the following:
(a) Lottery games offered by the bureau of lottery under the McCauley-Traxler-Bowman-McNeely lottery act, 1972 PA 239, MCL 432.1 to 432.47.
(b) Class II and Class III gaming conducted exclusively on Indian lands by an Indian tribe under a facility license issued in accordance with a tribal gaming ordinance approved by the chair of the National Indian Gaming Commission. For purposes of this act, gaming is conducted exclusively on Indian lands only if the individual who places the wager is physically present on Indian lands when the wager is initiated and the wager is received or otherwise made on equipment that is physically located on Indian lands, and the wager is initiated, received, or otherwise made in conformity with the safe harbor requirements described in 31 USC 5362(10)(C).
(c) A lawful fantasy contest.
(d) Any lawful internet sports betting.
(5) A person shall not provide or make available computers or other internet access devices in a place of public accommodation in this state, including a club or other association, to enable individuals to place internet wagers or play an internet game. The prohibition under this subsection does not apply to an internet gaming operator aggregating, providing, or making available computers or other internet access devices at its own casino.
(6) For purposes of this act, the intermediate routing of electronic data in connection with internet wagering, including routing across state lines, does not determine the location or locations in which the internet wager is initiated, received, or otherwise made.
(7) An internet gaming operator may offer internet gaming under a maximum of 2 separate brands, 1 for each of interactive poker and other casino style games. This subsection does not prohibit an internet gaming operator from using fewer than 2 brands or from using a single brand to offer any combination of interactive poker or other casino style games. Only an internet gaming operator or its internet gaming platform providers may process, accept, or solicit internet wagers under this act. All websites and corresponding applications used to offer internet gaming must clearly display the brand of the internet gaming operator or its affiliate. The internet gaming operator may also elect, in its sole discretion, to have the brand of each internet gaming platform that it utilizes be the name and logos or no more than 1 internet gaming platform provider if the internet gaming platform also clearly displays the internet gaming operator’s own trademarks and logos or those of an affiliate. The internet gaming operator is responsible for the conduct of its internet gaming platform provider.