(1) A fantasy contest must not be offered on, at, or from any of the following:

    (a) A kiosk or machine physically located in a retail business location, bar, restaurant, or other commercial establishment.

    (b) A place of public accommodation.

    (c) A facility owned, operated, or occupied by a private club, association, or similar membership-based organization.

    (2) This section does not apply to a casino licensee licensed by the board under the Michigan Gaming Control and Revenue Act, 1996 IL 1, 432.201 to 432.226, or a federally recognized Indian tribe licensed under the lawful internet gaming act or the lawful sports betting act.