Montana Administrative Code

23.16.122 LOAN EVALUATION - GUARANTOR PAYMENTS The department will evaluate a transaction to determine if it is a loan using standards in the Uniform Commercial Code, the Internal Revenue Code, and generally accepted commercial lending practices. Loans will also be evaluated in t…

23.16.1224 DEALER RESTRICTIONS Except as provided in (3), in authorized card games using licensed dealers, licensed dealers shall have no financial interest, directly or indirectly, in the outcome of any game which they deal. Except as provided in (3), card dealers shall receive …

23.16.1225 HOUSE PLAYERS The operator, card room contractor, or dealer must identify house players upon request. The operator or card room contractor who is conducting a live card game may use house players only for the purpose of starting and/or maintaining sufficient number of …

23.16.1228 DECKS - SHUFFLE AND CUT OF THE CARDS The operator or card room contractor must have two separate decks of cards available at each table. The color of the backs of the cards of the two decks must be a different predominant color. Any player may request that the dealer c…

23.16.1229 ANTE, BLIND BET A player may ante for each hand by placing a bet on the table in front of him or her before the first card of the game is dealt. Then, the dealer shall sweep the antes and place them in the pot. Once the first card has been dealt, the ante may not be al…

23.16.1231 RAKE The rake may be a percentage of the pot or a set fee established by the house and must be clearly posted. The rake must remain in a designated area until the pot is awarded. The chip tray cannot be used as a designated rake area. After the pot is awarded, the rake…

23.16.1232 OPERATION OF THE GAMES – TABLE STAKES Play must always proceed in a clockwise direction, with each player's turn to act following the person on the player's immediate right. The operator or card room contractor may set a minimum buy-in, a maximum buy-in, or both, for e…

23.16.1233 FOULED HANDS A player is responsible for taking reasonable steps to protect his/her hand by holding on to it or by placing one or more chips on it. A player who fails to take reasonable steps to protect his or her hand shall have no relief if that hand is "fouled" as d…

23.16.1234 THE DEAL Each card dealt must be the top card of the deck. The order of future ownership of cards that will be in play is not to be disturbed at any time during the deal of a game. When the dealer burns a card, it must be placed facedown on the table before dealing any…

23.16.1237 BETTING A player who unintentionally puts fewer chips into the pot than are needed to call a bet must either complete the call or withdraw his or her chips and fold. If an improper number of chips are bet by a player and the dealer puts the player's chips into the pot …

23.16.1239 IMPROPER DEAL A card improperly dealt faceup, flashed as it is dealt so a player might know its identity, a joker dealt when the joker is not being used in the game, or a downcard dealt off the table is considered an exposed card. A card exposed by a player is not an e…

23.16.1240 POSTING OF RULES At least the following rules must be posted in a clear, legible manner at each card table or in such a conspicuous location that the player at a card table can readily read such rules. Games to be played. Betting limits of the games. Ante or blind bets…

23.16.1245 CARD ROOM CONTRACTORS LICENSE A person may obtain a card room contractor license by submitting to the department a card room contractor license application (Form 9), which is available upon request from the department. The application must include: full identification …

23.16.1246 NOTIFICATION OF AGREEMENT TERMINATION If an agreement between a licensed operator and licensed card room contractor is terminated, the operator shall notify the department in writing within 30 days after termination of the agreement. Authorizing statute(s): Sec. 23-5-1…

23.16.125 CHANGE OF ALCOHOLIC BEVERAGE LICENSE TYPE Except as otherwise required by ARM 23.16.116 or ARM 23.16.117, when an owner of a gambling operator license changes the type of alcoholic beverage license, the owner must submit an amended gambling license application on Form 3…

23.16.126 CHANGE OF LOCATION Except as otherwise required by ARM 23.16.116 or ARM 23.16.117, when an owner of a gambling operator license changes the location of the alcoholic beverage license, the owner must submit an amended gambling license application and obtain department ap…

23.16.127 CHANGE IN BUSINESS ENTITY TYPE Except as otherwise required by ARM 23.16.116 or ARM 23.16.117, when the owner of a gambling operator license proposes a change in business entity, the owner must submit an amended gambling license application on Form 39 and obtain departm…

23.16.130 TRANSFERS OF OWNERSHIP INTERESTS IN LOCATIONS THAT DO NOT POSSESS AN ON PREMISE CONSUMPTION ALCOHOLIC BEVERAGE LICENSE GRANDFATHERED FOR THE PURPOSE OF OBTAINING PERMITS TO OPERATE VIDEO GAMBLING MACHINES The two types of locations that do not possess an on premise cons…

23.16.1301 PLAY OF SUCCESSIVE KENO GAMES A player may play successive keno games by paying for the games in advance only if he or she remains on the licensed premises. A player requesting to play multiple and successive keno is limited to the number of successive games allowed by…

23.16.1304 APPROVED VARIATIONS OF KENO Approved variations of keno are: A straight ticket in which a player picks from one to ten numbers and wagers that the numbers will be duplicated entirely or in part from the group of numbers drawn. A split ticket consisting of two or more s…

23.16.1305 METHODS OF IDENTIFICATION A player shall clearly identify and separate on his inside keno card as defined in ARM 23.16.2401 any group of numbers selected for a split, way, combination way, or king ticket by drawing a: line between or circle around each group for a spli…

23.16.1306 RECORDING REQUIREMENTS - BET LIMITS A keno caller shall record in the margin (sideline) of an outside keno card as defined in ARM 23.16.2401 each wager made by a player, other than for a straight ticket, by using a standard fractional format that identifies the number …

23.16.1701 DEFINITIONS As used throughout this subchapter, the following definitions apply: "Chance" means an opportunity to participate in a sports pool. "Competitor" means: a team in a sports event in which teams compete; or an individual in a sports event in which individuals …

23.16.1702 SPORTS POOL CARD A traditional, series, or multiple way sports pool must be conducted on a sports pool card containing a master square. The master square of the card must be divided into spaces arranged in horizontal rows and vertical columns. The numbers for each hori…

23.16.1703 SALE OF SPORTS POOL CHANCES The total cost of a chancein a sports event, orin asports event for a series sports pool as described in ARM 23.16.1705(3)(b), is unlimited.The total cost for each chancemust be paid in full and in cash at the time the chance is selected. If…

23.16.1704 DETERMINATION OF SPORTS POOL WINNERS - PRIZES There must be at least one winner from among the participants in a sports pool. A winner or winners are determined by the score or place attained by one or more competitors in the sports event upon which the sports pool is …

23.16.1705 AUTHORIZED SPORTS POOLS Authorized sports pools described in this rule are identified by a title to distinguish one pool type from another. The controlling factor as to the legality of a sports pool is not the pool's title but the method and manner in which the pool is…

23.16.1706 PROCEDURES FOR APPROVING VARIATIONS OF AUTHORIZED POOLS A variation of an authorized sports pool may not be conducted unless approved by the department. A person qualified to be a sponsor may apply to the department for approval of a variation of an authorized sports p…

23.16.1709 CONDUCT OF SPORTS POOL FOR PIG, GERBIL, OR HAMSTER RACES A sports pool on races between pigs, gerbils or hamsters must be conducted in accordance with 23-5-501 through 23-5-512 , MCA, and ARM 23.16.1701 through 23.16.1706. A licensee conducting such a sports pool must …

23.16.1712 DESIGN AND CONDUCT OF SPORTS TAB GAME A sports tab game may be conducted as a traditional sports tab game in conjunction with a single sports event with two competitors, or as a series sports tab game. A sponsor may conduct more than one sports tab game for each event.…

23.16.1713 PURCHASE AND SALE OF SPORTS TABS BY SPONSOR - LICENSURE A sponsor shall purchase a sports tab game only from a licensed sports tab game seller. The sports tab card must display a sports tab decal as provided for in ARM 23.16.1717. A sponsor may conduct sports tab games…

23.16.1714 SPORTS TAB GAME PRIZES Winners may be determined by the score at predetermined intervals during the event as long as there is also a winner and prize awarded based upon the score attained at the conclusion of the event. If any prize is to be awarded for a score attaine…

23.16.1715 SPONSOR RECORD KEEPING REQUIREMENTS After a winning sports tab is submitted to the sponsor and a prize is awarded, the sponsor shall cancel the tab, by whatever means chosen, and attach the cancelled tab to the sports tab card or board. A sports tab that was not sold t…

23.16.1716 SPORTS TAB GAME SELLER LICENSE Before conducting business in this state, a sports tab game seller shall obtain a sports tab game seller license from the department. An applicant for a license shall submit to the department: a sports tab game seller license application.…

23.16.1717 SALE OF SPORTS TAB GAMES BY SPORTS TAB GAME SELLERS - COLLECTION OF TAX A sports tab game shall be sold only by a licensed sports tab game seller. Sports tab game sellers shall only sell sports tab games that meet the requirements of statute and rule. A sports tab game…

23.16.1718 QUARTERLY REPORTING REQUIREMENTS Within 15 days following the end of each fiscal year quarter, the sports tab game seller shall submit to the department on a form provided by the department a report of the tax proceeds collected under ARM 23.16.1717 by the sports game …

23.16.1719 SPORTS TAB GAME SELLER RECORD KEEPING REQUIREMENTS - DECAL INVENTORIES A sports tab game seller shall maintain records by serial number and by manufacturer of all sports tab cards purchased. A sports tab game seller shall maintain records documenting the total number o…

23.16.1720 USE OF SPORTS TABS AND SPORTS TAB CARD RESTRICTED A sports tab or sports tab card may be possessed and used only as authorized by statute and rule. A sports tab or sports tab card used for any other purpose is an illegal gambling device. Authorizing statute(s): 23-5-11…

23.16.1801 STATEMENT OF DEPARTMENT POLICY (REPEALED) Authorizing statute(s): 23-5-605, MCA Implementing statute(s): 23-5-605, MCA History: EMERG, NEW, 1985 MAR p. 1623, Eff. 11/1/85; TRANS, from Dept. of Revenue, Ch. 154, L. 1987, Eff. 3/22/87; AMD, 1987 MAR p. 1972, Eff. 10/30/8…

23.16.1802 DEFINITIONS "Act" means Title 23, chapter 5, part 6, MCA. "Applicant" means any person who has applied for a permit for a VGM. "ASD" (audit storage device) means a removable, portable, nonvolatile, electronic, memory storage device that is compatible with a standard po…

23.16.1803 APPLICATION FOR PERMIT, FEE, AND PERMIT REQUIREMENTS (REPEALED) Authorizing statute(s): 23-5-115, 23-5-621, MCA Implementing statute(s): 23-5-602, 23-5-611, 23-5-612, 23-5-621, 23-5-637, MCA History: EMERG, NEW, 1985 MAR p. 1623, Eff. 11/1/85; TRANS, from Dept. of Reve…

23.16.1804 PRORATION OF LICENSE FEE (REPEALED) Authorizing statute(s): 23-5-605, MCA Implementing statute(s): 23-5-605, 23-5-612(1), MCA History: EMERG, NEW, 1985 MAR p. 1623, Eff. 11/1/85; TRANS, from Dept. of Revenue, Ch. 154, L. 1987, Eff. 3/22/87; REP, 1987 MAR p. 1972, Eff. …

23.16.1805 REFUND OF PERMIT FEE (REPEALED) Authorizing statute(s): 23-5-115, MCA Implementing statute(s): 23-5-612, MCA History: EMERG, NEW, 1985 MAR p. 1623, Eff. 11/1/85; TRANS, from Dept. of Revenue, Ch. 154, L. 1987, Eff. 3/22/87; AMD, 1987 MAR p. 1972, Eff. 10/30/87; TRANS, …

23.16.1806 DISTRIBUTION OF NET MACHINE INCOME TAX TO LOCAL GOVERNING BODY (REPEALED) Authorizing statute(s): 23-5-115, 23-5-605, MCA Implementing statute(s): 23-5-605, 23-5-610, 23-5-612(1), MCA History: EMERG, NEW, 1985 MAR p. 1623, Eff. 11/1/85; TRANS, from Dept. of Revenue, Ch…

23.16.1807 ISSUANCE OF VIDEO GAMBLING MACHINE PERMIT (REPEALED) Authorizing statute(s): 23-5-115, 23-5-605, 23-5-621, MCA Implementing statute(s): 23-5-603, 23-5-605, 23-5-611, 23-5-612, 23-5-621, 23-5-637, MCA History: EMERG, NEW, 1985 MAR p. 1623, Eff. 11/1/85; TRANS, from Dept…

23.16.1808 LICENSES ISSUED UNDER TEMPORARY AUTHORITY (REPEALED) Authorizing statute(s): 23-5-115, 23-5-605, MCA Implementing statute(s): 23-5-177, 23-5-605(2) (a), 23-5-611, 23-5-612, 23-5-617, 23-5-635, MCA History: NEW, 1987 MAR p. 1972, Eff. 10/30/87; TRANS, from Dept. of Comm…

23.16.1809 DETERMINATION OF ANNUAL PERMIT SURCHARGE (REPEALED) Authorizing statute(s): 23-5-115, MCA Implementing statute(s): 23-5-612, MCA History: NEW, 2003 MAR p. 1282, Eff. 6/27/03; REP, 2005 MAR p. 1281, Eff. 7/15/05.

23.16.1810 CHANGE IN DESIGNATION OF NUMBER OF MACHINES FOR ANNUAL PERMIT SURCHARGE (REPEALED) Authorizing statute(s): 23-5-115, MCA Implementing statute(s): 23-5-612, MCA History: NEW, 2003 MAR p. 1282, Eff. 6/27/03; REP, 2005 MAR p. 1281, Eff. 7/15/05.

23.16.1811 IDENTIFICATION DECAL REQUIRED ON ALL VIDEO GAMBLING MACHINES Upon request from a licensed video gambling machine manufacturer, distributor, route operator, or operator of agambling establishment,the department will issue identification decals to be placed uponapproved …

23.16.1821 AUTHORITY TO OPERATE (REPEALED) Authorizing statute(s): 23-5-605, MCA Implementing statute(s): 23-5-605, 23-5-611, 23-5-612(1), MCA History: EMERG, NEW, 1985 MAR p. 1623, Eff. 11/1/85; TRANS, from Dept. of Revenue, Ch. 154, L. 1987, Eff. 3/22/87; REP, 1987 MAR p. 1972,…