Montana Administrative Code

23.15.505 CANCELLATION OF SUBSTITUTE ADDRESS (1) Except as provided in (2) , a substitute address issued under ARM 23.15.503 is valid for four years after issuance. (2) A participant who wants the substitute address to continue after four years must, on the form provided by the o…

23.16.1001 POKER RUNS (1) As used in this rule, "travel" means to journey by any physical means. (2) Each participant in a poker run must travel to the designated locations at which playing cards are obtained. (3) After all cards are accumulated, participants in the poker run sha…

23.16.101 DEFINITIONS As used throughout this chapter, the following definitions apply: (1) "AARS" (automated accounting and reporting system) means a system that, at a minimum, is used to electronically report VGM accounting data to the State of Montana. (2) "Accounting system v…

23.16.102 APPLICATION FOR GAMBLING LICENSE - LICENSE FEE (1) Every person working or acting as a card dealer, operator, route operator, card room contractor, manufacturer, distributor, manufacturer of electronic live bingo or keno equipment, sports tab game seller, accounting sys…

23.16.103 INVESTIGATION OF APPLICANTS, FINGERPRINTS TO BE REQUIRED - DISCLOSURE FROM NONINSTITUTIONAL LENDER (1) An applicant for a gambling license must make full disclosure of all information, and provide fingerprints as required by the department, these rules, and Title 23, ch…

23.16.104 PROCESSING OF GAMBLING LICENSE APPLICATION (1) Upon receipt of an application for a gambling license, the department must make a thorough investigation as to the qualifications of the applicant for licensure. If, upon conclusion of such investigation, the applicant appe…

23.16.105 WITHDRAWAL OF APPLICATION (1) An applicant may request withdrawal of an application at any time prior to final department action upon the application by filing a written request to withdraw. The department will respond within 30 days of receipt of the applicant's reques…

23.16.106 ELECTRONIC SUBMISSION OF DOCUMENTS AND ELECTRONIC SIGNATURES (1) The department may accept electronic submission of certain documents through the licensing portal. (2) An electronically submitted document is only complete if: (a) all requested information is provided; a…

23.16.107 GROUNDS FOR DENIAL OF GAMBLING LICENSE, PERMIT, OR AUTHORIZATION (1) With respect to any gambling license, permit, or authorization, the department may deny initial issuance, or, if issued, deny renewal or take any action authorized in 23-5-136, MCA, when the department…

23.16.108 RECOURSE IN CASES OF DENIAL OR NONRENEWAL OF GAMBLING LICENSE - HEARING, JUDICIAL REVIEW (1) Upon completion by the department of its investigation of an applicant's qualifications for licensure, the department shall notify the applicant in writing of its intended actio…

23.16.109 RENEWAL OF GAMBLING LICENSE (1) Renewal of an existing gambling license must be accomplished by submitting a renewal application on forms prescribed by the department. A renewal application is not complete unless it is signed and dated by the applicant and contains all …

23.16.110 ASSOCIATED GAMBLING BUSINESS LICENSE (1) Except where licensure is required by Title 23, chapter 5, MCA, or under these rules, an associated gambling business license is a license the department may issue to a person or entity whose business provides products or service…

23.16.1101 CARD GAME TOURNAMENTS – POKER TOURNAMENT DIRECTORS ASSOCIATION RULES (1) Card game tournaments which involve consideration to play and the chance of winning something of value are gambling activities. Publicly played card game tournaments involving gambling activity ar…

23.16.1102 LARGE-STAKES CARD GAME TOURNAMENTS (1) A licensed operator with a permit to operate at least one live card game table on premises may apply to the department for an annual permit to conduct large-stakes card game tournaments. The application must be submitted on Form 1…

23.16.1103 SMALL-STAKES CARD GAME TOURNAMENTS (1) A licensed operator with a permit to operate at least one live card game table on premises may apply to the department for an annual permit to conduct small-stakes card game tournaments. The application must be submitted on Form 1…

23.16.111 REAPPLICATION RULE (REPEALED) Authorizing statute(s): 23-5-115, MCA Implementing statute(s): 23-5-115, MCA History: NEW, 1993 MAR p. 2786, Eff. 11/25/93; NEW, 1994 MAR p. 2834, Eff. 10/28/94, REP, 1997 MAR p. 404, Eff. 2/25/97.

23.16.115 DEFINITIONS (REPEALED) Authorizing statute(s): 23-5-115, MCA Implementing statute(s): 23-5-118, 23-5-176, MCA History: NEW, 1991 MAR p. 1942, Eff. 10/18/91; AMD, 1993 MAR p. 2786, Eff. 11/25/93; AMD, 1994 MAR p. 2834, Eff. 10/28/94, REP 1997 MAR p. 404, Eff. 2/25/97.…

23.16.116 TRANSFER OF INTEREST AMONG LICENSEES (1) Except as provided in (9) and (10), an existing owner of a licensed gambling operation may transfer an ownership interest to another existing owner of that same licensed gambling operation without receiving prior Gambling Control…

23.16.117 TRANSFER OF INTEREST TO NEW OWNER (1) Except as provided in (7), (8), (9), and (10), an ownership interest may not be transferred to a stranger to the license until a new gambling license application reflecting the proposed transfer is submitted to the department and th…

23.16.118 ESCROW REQUIRED (1) Except as provided in (3), money or any other thing of value constituting consideration for transferring an interest in a licensed gambling operation to a stranger to the license may not be paid, received, or used until the provisions of ARM 23.16.11…

23.16.119 PARTICIPATION IN OPERATIONS (1) Except as provided in ARM 23.16.509, a stranger to the license who proposes to acquire an ownership interest in a licensed gambling operation may be employed by the operation, but may not control or participate in any capacity reflecting …

23.16.120 LOANS AND OTHER FORMS OF FINANCING (1) Except as provided in (4), (5), (6), and (7), if a gambling licensee or license applicant proposes to acquire a loan or other forms of financing from a noninstitutional source for use in his licensed gambling operation or grant a s…

23.16.1201 DEFINITIONS As used throughout this subchapter, the following definitions apply: (1) "Ante" means the amount of money or chips each player places into the pot before the first deal of each game. (2) "Authority reference" means the Official Montana Poker Rulebook (versi…

23.16.1202 TYPES OF CARD GAMES AUTHORIZED (1) The following card games are authorized by law and must be played only in the manner set out for that game in the applicable authority reference: (a) the poker games of Texas Hold'em, Draw Poker, Omaha, Seven Card Stud, and their vari…

23.16.1203 SOCIAL CARD GAMES PLAYED SOLELY FOR PRIZES OF MINIMAL VALUE (1) Except for the card games of panguingue and poker and their approved variations, an authorized card game as provided for in 23-5-311, MCA, which is played solely for prizes of minimal value, is considered …

23.16.1205 RANKING OF POKER CARDS AND HANDS (1) The cards in poker are ranked ace, king, queen, jack, ten, nine, eight, seven, six, five, four, three, deuce. The ace is the highest ranked card in high poker and is ranked lower than a deuce in low poker. (2) The hands in poker are…

23.16.1206 POKER CARDS - PHYSICAL CHARACTERISTICS (1) The cards used in the game of poker must be one complete standard deck of 52 cards plus optional joker(s). (2) The design on the backs of each card in the deck must be identical and no card may contain any marking, symbol, or …

23.16.1209 POKER CHIPS - VALUE AND PHYSICAL CHARACTERISTICS (1) Each poker chip used must be either clearly and permanently impressed, engraved, or imprinted on one side with a specific value of the chip or colored so as to clearly denote the value of the chip. At the operator's …

23.16.121 LEASING OF LICENSE PROHIBITED (1) A gambling license or permit is a privilege personal to the gambling licensee and may not be leased, assigned, or transferred to another person. (2) The department's examination to determine the existence of a lease or other similar arr…

23.16.1210 WAGERS TO BE MADE WITH POKER CHIPS OR CASH ONLY (1) In games not scored with points, all wagers must be made with poker chips or cash. Authorizing statute(s): 23-5-115, MCA Implementing statute(s): 23-5-311, MCA History: EMERG, NEW, 1990 MAR p. 286, Eff. 2/9/90.

23.16.1211 PERSONS NOT TO BRING THEIR OWN CARDS OR POKER CHIPS (1) No person may bring to the card table or introduce into a poker game any playing card or cards or any poker chip or chips other than those obtained from the operator or card room contractor. Authorizing statute(s)…

23.16.1212 PROCEDURE FOR ACCEPTING CASH AT THE POKER TABLE (1) Each dealer who receives currency from a player at a poker table for exchange for poker chips shall observe the following procedures and requirements: (a) The currency must be spread on the top of the poker table by t…

23.16.1216 PLAYER RESTRICTIONS (1) There must be at least two players. (2) No player in a poker game may play other than the player's own hand. (3) A player shall only play one hand and the player shall make all decisions without advice from any person. (4) No player or other per…

23.16.1217 USE OF DEVICE PROHIBITED (1) It is unlawful for any player to use any device to assist in keeping track of the card played. Authorizing statute(s): Sec. 23-5-115 MCA Implementing statute(s): Sec. 23-5-311 MCA History: EMERG, NEW, 1990 MAR p. 286, Eff. 2/9/90.

23.16.1218 SPECIAL POLICIES (1) Each operator or card room contractor may establish rules of conduct for the players and spectators on the operator's premises as long as the rules do not conflict with state law. Authorizing statute(s): 23-5-115, MCA Implementing statute(s): 23-5-…

23.16.122 LOAN EVALUATION - GUARANTOR PAYMENTS (1) 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 …

23.16.1224 DEALER RESTRICTIONS (1) 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. (2) Except as provided in (3), card dealers shall …

23.16.1225 HOUSE PLAYERS (1) The operator, card room contractor, or dealer must identify house players upon request. (2) 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 nu…

23.16.1228 DECKS - SHUFFLE AND CUT OF THE CARDS (1) 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 deal…

23.16.1229 ANTE, BLIND BET (1) 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 b…

23.16.1231 RAKE (1) 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 …

23.16.1232 OPERATION OF THE GAMES – TABLE STAKES (1) Play must always proceed in a clockwise direction, with each player's turn to act following the person on the player's immediate right. (2) The operator or card room contractor may set a minimum buy-in, a maximum buy-in, or bot…

23.16.1233 FOULED HANDS (1) 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" …

23.16.1234 THE DEAL (1) 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. (2) When the dealer burns a card, it must be placed facedown on the table before dea…

23.16.1237 BETTING (1) 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. (2) If an improper number of chips are bet by a player and the dealer puts the player's chips into …

23.16.1239 IMPROPER DEAL (1) 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 …

23.16.1240 POSTING OF RULES (1) 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. (a) Games to be played. (b) Betting limits of the games. (c) An…