As reported by: Sioux City Journal
The state of Iowa has asked WinnaVegas Casino to raise its legal gambling age from 18 to 21 or face a possible suspension of its gaming compact.

Operated by the Winnebago Tribe of Nebraska, the casino near Sloan has allowed the lower gambling age since December 1999. But a new law passed by the Iowa Legislature this spring makes underage gambling at any venue in the state a criminal offense.

Current law prohibits underage gambling at the state's casinos and race tracks, but does not include Iowa's three Indian casinos. The law going into effect Thursday is much broader and outlaws all underage gambling except charitable events such as bingo and raffles.

Iowa's legal gambling age of 21 applies to all gambling operations except the Indian casinos, which are governed by compacts between the state and individual tribes. The legal gambling age is not specified in the compact with the Winnebago Tribe. Rather, it says that the casino will not participate in any act that violates state law. Indian casinos in Onawa and Tama do not allow patrons under 21 to gamble.

In a letter Friday to Winnebago Tribal Chairman John Blackhawk, Iowa Department of Inspections and Appeals director Steven Young said the compact is subject to changes in Iowa law, and Young asked that the tribe provide written assurance that it will comply with the new law by the time it takes effect on Thursday.

If no letter is received by then, Young wrote, "... this office will consider the gaming operation to be in material breach of the compact and take appropriate, immediate action ..."

That action could include suspension of part or all of the compact. Inspection and appeals department public information officer David Werning said that in the case of a suspension, the department would notify the tribe that it had 30 days to comply. If after 30 days the tribe is not considered to be in compliance, the matter would be referred to the federal Indian Gaming Commission, which has the option to close operations at the casino.

"Hopefully that would never become necessary," Werning said.

Casino and tribal officials could not be reached for comment.

Young first notified tribal leaders of the change in state law in a letter dated May 26. In that letter, Young asked the tribe to comply with the new law.

In his June 14 response to Young, Blackhawk said the tribe did not agree that Iowa can "unilaterally change the 'material terms' of our compact simply by passing a law without any consultation or notice to the Winnebago Tribe.

"We consider the Iowa Legislation to have no impact on our reservation until we collectively reach an agreement on this issue," Blackhawk wrote.

The tribe requested a meeting with the state on the issue. No meeting has been scheduled, Werning said.

Changing the minimum age at WinnaVegas would impact business operations and hinder expansion plans, Blackhawk said.

"It is our firm belief that both the tribe and the state of Iowa can accomplish both of our goals quite simply and without having to have either side dictate terms to the other," Blackhawk wrote.

Young said in Friday's letter that the state was willing to discuss the issue, but scheduling of any meeting would not negate the tribe's expected compliance with the new law.

Under terms of the law, anyone under 21 who gambles or attempts to gamble and anyone who permits underage gambling can be charged with a simple misdemeanor punishable by a fine of up to $500.

Werning said the current law and the compact left a "gray area" about the lower gambling age at WinnaVegas. The new law has cleared up concerns, he said.

"The new law is probably the impetus for this," Werning said.