1172, makes it unlawful to transport into a state any gambling device unless the state has enacted an exemption to the provisions of the Act. Accordingly, the state would not appear to be precluded from regulating in this area, provided that such laws do not conflict with federal law or treaties.
A number of federal courts, commenting upon federal gambling statutes, have noted that the federal anti-gambling statutes were enacted to assist and aid the anti-gambling laws of the various states. While federal law regulates gambling on cruise ships in the territorial waters of the United States, it does not appear that such regulation is preemptive, precluding regulation by the state. These vessels, which leave and return to the state without an intervening stop within another state or foreign destination, conduct gambling when outside the state's territorial boundaries. You ask what powers a local government may exercise to regulate 'cruises to nowhere' within its jurisdiction. RE: GAMBLING-UNITED STATES-VESSELS-MUNICIPALITIES-COUNTIES-local government's regulation of cruises to nowhere.
