Michigan Gambling Laws
Looking at the Michigan Gambling Laws will give you some insight about the legalities of the gaming laws in the state of Michigan. Michigan is a fairly gambling friendly state, though there are a few exceptions. You will find that social gambling is widely limited, and that you will only be able to freely gamble through the state's few casinos. You should also know that there is no longer any Michigan Online Gambling Laws. The laws pertaining to the state of Michigan's online gambling scene have been repealed and removed. While they had once banned online gambling, this ban was lifted. We will show you many of the gambling sites accepting residents of Michigan. Other than this little tidbit, feel free to examine the Michigan Online Gambling Laws and determine whether or not you wish to visit the online gambling sites.
We cannot offer you legal advice. If you want clarification of any laws or to truly determine whether or not what you plan on doing is legal, you will need to speak to an attorney. Otherwise we are here to show you where you can play, not to tell you if you can play.
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Michigan Gambling Statutes
MICHIGAN GAMING CONTROL AND REVENUE ACT (EXCERPT) Initiated Law 1 of 1996
Section 432.202
Definitions -
Sec. 2.
As used in this act:
(a) “Adjusted gross receipts” means the gross receipts less winnings paid to wagerers.
(b) “Affiliate” means a person who, directly or indirectly, through 1 or more intermediaries, controls, is controlled by, or is under common control with; is in a partnership or joint venture relationship with; or is a co-shareholder of a corporation, a co-member of a limited liability company, or co-partner in a limited liability partnership with a person who holds or applies for a casino license under this act.
(c) “Affiliated company” means any form of business organization which controls, is controlled by or is under common control with; is in a partnership or joint venture relationship with; or is a co-shareholder of a corporation, a co-member of a limited liability company, or co-partner in a limited liability partnership with a person who holds or applies for a casino license under this act.
(d) “Agent” means any person who is employed by any agency of the state, other than the board, the state police, or attorney general, who is assigned to perform full-time services on behalf of or for the benefit of the board regardless of the title or position held by that person.
(e) “Applicant” means any person who applies for a license or for registration under this act. The term applicant in sections 4a(1)(a), 5(1), 5(2), 5(3), 5(4), 6(3), 6(4), 6(5), 6(9), 7a(4), 7a(5), and 7a(11) shall include an affiliate, affiliated company, officer, director, or managerial employee of the applicant or a person who holds greater than 1% direct or indirect interest in the applicant. As used in this subdivision, affiliate and affiliated company do not include a partnership, a joint venture relationship, a co-shareholder of a corporation, a co-member of a limited liability company, or a co-partner in a limited liability partnership that has less than 1% direct interest in the applicant and is not involved in the casino or casino enterprise application as defined in rules promulgated by the board.
(f) “Board” means the Michigan gaming control board.
(g) “Casino” means a building in which gaming is conducted.
(h) “Casino enterprise” means the buildings, facilities, or rooms functionally or physically connected to a casino, including but not limited to any bar, restaurant, hotel, cocktail lounge, retail establishment, or arena or any other facility located in a city under the control of a casino licensee or affiliated company.
(i) “Certified development agreement” means a development agreement that has been certified by a city and submitted to the Michigan gaming control board.
(j) “Chairperson” means the chairperson of the board.
(k) “Cheat” means to alter the selection of criteria which determine the result of a gambling game or the amount or frequency of payment in a gambling game, in violation of this act or rules promulgated under this act.
(l) “City” means a local unit of government other than a county which meets all of the following criteria:
(i) Has a population of at least 800,000 at the time a license is issued.
(ii) Is located within 100 miles of any other state or country in which gaming was permitted on December 5, 1996.
(iii) Had a majority of voters who expressed approval of casino gaming in the city.
(m) “Company” means a sole proprietorship, corporation, partnership, limited liability partnership, limited liability company, trust, association, joint stock company, joint venture, tribal corporation or other form of business organization.
(n) “Compensation” means any money, thing of value, or financial benefit conferred on or received by a person in return for services rendered, or to be rendered, whether by that person or another.
(o) “Conflict of interest” means a situation in which the private interest of a member, employee or agent of the board may influence the judgment of the member, employee, or agent in the performance of his or her public duty under this act. A conflict of interest includes, but is not limited to, the following:
(i) Any conduct that would lead a reasonable person, knowing all of the circumstances, to conclude that the member, employee, or agent of the board is biased against or in favor of an applicant.
(ii) Acceptance of any form of compensation other than from the board for any services rendered as part of the official duties of the member, employee, or agent for the board.
(iii) Participation in any business being transacted with or before the board in which the member, employee, or agent of the board or his or her parent, spouse, or child has a financial interest.
(iv) Use of the position, title, or any related authority of the member, employee, or agent of the board in a manner designed for personal gain or benefit.
(v) Demonstration, through work or other action in the performance of the official duties of the member, employee, or agent of the board, of any preferential attitude or treatment of any person.
(p) “Control” means having a greater than 15% direct or indirect pecuniary interest in the casino gaming operation with respect to which the license is sought.
(q) “Department” means the department of treasury.
(r) “Development agreement” means a written agreement between a city and a person naming the person as the designated developer of a casino in the city and covering certain subjects including, but not limited to: approval by the city of the location of the casino; certification by the city that the applicant has sufficient financial resources to construct and open the casino which it proposes to develop; zoning and site plan requirements; utility connection fees; infrastructure improvements; requirements to utilize local businesses and small businesses as suppliers; employment issues; compulsive gambling programs; insurance requirements; conceptual design approval; reimbursement for predevelopment and infrastructure costs, traffic engineering, and other transportation costs; plans for completion of destination attractions either within or outside the casino facility and ancillary development rights.
(s) “Disciplinary action” is an action by the board suspending or revoking a license, fining, excluding, reprimanding, or otherwise penalizing a person for violating this act or rules promulgated by the board.
(t) “Ex parte communication” means any communication, direct or indirect, regarding a licensing application, disciplinary action, or a contested case under this act other than communication that takes place during a meeting or hearing conducted under this act.
(u) “Financial interest” or “financially interested” means any interest in investments, awarding of contracts, grants, loans, purchases, leases, sales, or similar matters under consideration or consummated by the board. A member, employee, or agent of the board will be considered to have a financial interest in a matter under consideration if any of the following circumstances exist:
(i) He or she owns 1% or more of any class of outstanding securities that are issued by a party to the matter under consideration or consummated by the board.
(ii) He or she is employed by or is an independent contractor for a party to the matter under consideration or consummated by the board.
(v) “Gambling game” means any game played with cards, dice, equipment or a machine, including any mechanical, electromechanical or electronic device which shall include computers and cashless wagering systems, for money, credit, or any representative of value, including, but not limited to, faro, monte, roulette, keno, bingo, fan tan, twenty one, blackjack, seven and a half, 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 board, but does not include games played with cards in private homes or residences in which no person makes money for operating the game, except as a player.
(w) “Gambling operation” means the conduct of authorized gambling games in a casino.
(x) “Gaming” means to deal, operate, carry on, conduct, maintain or expose or offer for play any gambling game or gambling operation.
(y) “Gross receipts” means the total of all sums including valid or invalid checks, currency, tokens, coupons, vouchers, or instruments of monetary value whether collected or uncollected, received by a casino licensee from gaming, including all entry fees assessed for tournaments or other contests, less a deduction for uncollectible gaming receivables not to exceed the uncollectible amounts owed as a result of wagers placed at or through a gambling game or 4% of the total gross receipts, whichever is less. The licensee shall not receive the deduction unless the licensee provides written proof to the state treasurer of the uncollected gaming receivables and had complied with all rules promulgated by the board regarding the issuance of credit and the collection of amounts due under a credit extension.
(z) “Institutional investor” means any retirement fund administered by a public agency for the exclusive benefit of federal, state, or local public employees, an employee benefit plan, or pension fund that is subject to the employee retirement income security act of 1974, as amended, an investment company registered under the investment company act of 1940, title I of chapter 686, 54 Stat. 789, 15 U.S.C. 80a-1 to 80a-3 and 80a-4 to 80a-64, a collective investment trust organized by a bank under part 9 of the rules of the comptroller of the currency, a closed end investment trust, a chartered or licensed life insurance company or property and casualty insurance company, a chartered or licensed financial institution, an investment advisor registered under the investment advisers act of 1940, title II of chapter 686, 54 Stat. 847, 15 U.S.C. 80b-1 to 80b-21, or any other person as the board may determine for reasons consistent with this act.
(aa) “Investigative hearing” means any hearing conducted by the board or its authorized representative to investigate and gather information or evidence regarding pending license applications, applicants, licensees, or alleged or apparent violations of this act or rules promulgated by the board.
(bb) “Junket enterprise” means any person other than a casino licensee or applicant who employs or otherwise engages in the procurement or referral of persons who may participate in a junket to a casino licensed under this act or casino enterprise whether or not those activities occur within the state.
(cc) “Managerial employee” means a person who by virtue of the level of their remuneration or otherwise holds a management, supervisory, or policy making position with any licensee under this act, vendor, or the board.
(dd) “Member” means a board member appointed to the Michigan gaming control board under this act.
(ee) “Occupational license” means a license issued by the board to a person to perform an occupation in a casino or casino enterprise which the board has identified as requiring a license to engage in casino gaming in Michigan.
(ff) “Person” means an individual, corporation, limited liability company, association, partnership, limited liability partnership, trust, entity, or other legal entity.
(gg) “Supplier” means a person who the board has identified under rules promulgated by the board as requiring a license to provide casino licensees or casino enterprises with goods or services regarding the realty, construction, maintenance, or business of a proposed or existing casino, casino enterprise, or related facility on a regular or continuing basis, including, but not limited to, junket enterprises, security businesses, manufacturers, distributors, persons who service gaming devices or equipment, garbage haulers, maintenance companies, food purveyors, and construction companies.
(hh) “Vendor” means a person who is not licensed under this act who supplies any goods or services to a casino licensee or supplier licensee.
(ii) “Wagerer” means a person who plays a gambling game authorized under this act.
(jj) “Winnings” means the total cash value of all property or sums including currency, tokens, or instruments of monetary value paid to wagerers as a direct result of wagers placed at or through a gambling game.
Section 432.203
Casino gaming authorized -
Sec. 3.
(1) Casino gaming is authorized to the extent that it is conducted in accordance with this act.
(2) Except as provided in subsection (5), this act does not apply to any of the following:
(a) The pari-mutuel system of wagering used or intended to be used in connection with race meetings as authorized under the horse racing law of 1995, 1995 PA 279, MCL 431.301 to 431.336.
(b) Lottery games authorized under the McCauley-Traxler-Law-Bowman-McNeely lottery act, 1972 PA 239, MCL 432.1 to 432.47.
(c) Bingo or millionaire parties or any other activities authorized under the Traxler-McCauley-Law-Bowman bingo act, 1972 PA 382, MCL 432.101 to 432.120.
(d) Gambling on Native American land and land held in trust by the United States for a federally recognized Indian tribe on which gaming may be conducted under the Indian gaming regulatory act, Public Law 100-497, 102 Stat. 2467.
(e) Recreational card playing, bowling, redemption games, and occasional promotional activities under sections 303a, 310a, 310b, 372, and 375 of the Michigan penal code, 1931 PA 328, MCL 750.303a, 750.310a, 750.310b, 750.372, and 750.375.
(3) Any other law that is inconsistent with this act does not apply to casino gaming as provided for by this act.
(4) This act and rules promulgated by the board shall apply to all persons who are licensed or otherwise participate in gaming under this act.
(5) If a federal court or agency rules or federal legislation is enacted that allows a state to regulate gambling on Native American land or land held in trust by the United States for a federally recognized Indian tribe, the legislature shall enact legislation creating a new act consistent with this act to regulate casinos that are operated on Native American land or land held in trust by the United States for a federally recognized Indian tribe. The legislation shall be passed by a simple majority of members elected to and serving in each house.
Section 750.302
Keeping or occupying common gambling house or building or place where gaming permitted; apparatus used for gaming or gambling; manufacture or possession of gaming or gambling apparatus for sale -
Sec. 302.
(1) Except as provided in subsection (2), any person, or his or her agent or employee who, directly or indirectly, keeps, occupies, or assists in keeping or occupying any common gambling house or any building or place where gaming is permitted or suffered or who suffers or permits on any premises owned, occupied, or controlled by him or her any apparatus used for gaming or gambling or who shall use such apparatus for gaming or gambling in any place within this state, is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00.
(2) This section does not prohibit the manufacture of gaming or gambling apparatus or the possession of gaming or gambling apparatus by the manufacturer of the apparatus solely for sale outside of this state, or for sale to a gambling establishment operating within this state in compliance with the laws of this state, if applicable, and in compliance with the laws of the United States, provided the manufacturer meets or exceeds federal government requirements in regard to manufacture, storage, and transportation.
Section 750.303a
Applicability of chapter; recreational card playing conducted at senior citizen housing facility -
Sec. 303a.
This chapter does not apply to recreational card playing conducted at a senior citizen housing facility not licensed by the liquor control commission by a senior citizens club or a group of residents of a senior citizen housing facility that consists of at least 15 members who are 60 years of age or older under all of the following circumstances:
(a) The card playing is conducted solely for the amusement and recreation of the members and guests of the club or group and is not conducted for fund-raising. The number of guests participating in the card playing shall not exceed the number of club or group members participating in the card playing.
(b) Only bona fide members and employees of the club or group participate in the conduct of the activity.
(c) The card playing is conducted after 9 a.m. and before midnight.
(d) The participating cardplayers bet not more than 25 cents per bet.
(e) The winnings from 1 hand of cards do not exceed $5.00.
(f) Except for winnings, revenue generated from the activity is used for reasonable expenses incurred in conducting the card playing, and no person is compensated for participating in the conduct of the card playing.
Section 750.304
Selling pools and registering bets -
Sec. 304.
Any person or his or her agent or employee who, directly or indirectly, keeps, maintains, operates, or occupies any building or room or any part of a building or room or any place with apparatus, books, or any device for registering bets or buying or selling pools upon the result of a trial or contest of skill, speed or endurance or upon the result of a game, competition, political nomination, appointment, or election or any purported event of like character or who registers bets or buys or sells pools, or who is concerned in buying or selling pools or who knowingly permits any grounds or premises, owned, occupied, or controlled by him or her to be used for any of the purposes aforesaid, is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00.
Section 750.307
Gambling; prima facie evidence -
Sec. 307.
Prima facie evidence—In a prosecution or proceeding relative to lotteries, policy lotteries or policy, buying and selling pools or registering bets, any words, figures or characters, written, printed or exposed upon a blackboard, placard or otherwise in a place alleged to be used or occupied for such business, purporting or appearing to be a name of a horse or jockey, or a description of or reference to a trial or contest of skill, speed or endurance of man, beast, bird or machine, or game, competition, political nomination, appointment or election, or other act or event, or any odds, bet, combination bet or other stake or wager, or any code, cipher or substitute therefor, shall be prima facie evidence of the existence of the race, game, contest or other act or event so purporting or appearing to be referred to, and that such place is kept or occupied for gaming; and in all cases a copy or oral description thereof shall be competent evidence of the same.
Section 750.309
Frequenting or attending gaming places -
Sec. 309.
Frequenting or attending gaming places—Any person who shall attend or frequent any place where gaming or gambling is suffered or permitted, or any place operated or occupied as a common gaming or gambling house or room, shall be guilty of a misdemeanor.
Section 750.310
Exceptions -
Sec. 310.
This chapter shall not be construed to prohibit or make unlawful the operation of a game of skill or chance pursuant to the Michigan Exposition and Fairgrounds Act or the giving or payment of purses, prizes, or premiums to players in a game or participants in a contest or to the owner, driver, manager, or trainer of animals or the drivers, mechanics, or operators of a machine or the giving or payment of entry fees or the payment of expenses or reward for services or labor in connection with a race, contest, or game but it shall apply to the selling of pools or to a transaction whereby money or a valuable thing shall be paid as a gain or speculation on the result of a contest, race, game, or event not known to the parties to be certain and concerning which the parties to the transaction do not render service directly related to the holding of the contest, race, or game or the bringing about of the event.
Michigan Gambling Laws courtesy of: http://legislature.mi.gov/doc.aspx?mcl-Initiated-Law-1-of-1996
