Montana Administrative Code

23.16.126 CHANGE OF LOCATION (1) Except as otherwise required by ARM 23.16.116 or 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 (1) Except as otherwise required by ARM 23.16.116 or 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 37-39 and obtain depa…

23.16.130 TRANSFERS OF OWNERSHIP INTERESTS IN LOCATIONS THAT DO NOT POSSESS AN ON PREMISES CONSUMPTION ALCOHOLIC BEVERAGE LICENSE GRANDFATHERED FOR THE PURPOSE OF OBTAINING PERMITS TO OPERATE VIDEO GAMBLING MACHINES (1) The two types of locations that do not possess an on premise…

23.16.1301 PLAY OF SUCCESSIVE KENO GAMES (1) 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 allowe…

23.16.1304 APPROVED VARIATIONS OF KENO (1) Approved variations of keno are: (a) 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. (b) A split ticket consisting of t…

23.16.1305 METHODS OF IDENTIFICATION (1) 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: (a) line between or circle around each group fo…

23.16.1306 RECORDING REQUIREMENTS - BET LIMITS (1) 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 num…

23.16.131 TRANSFER OF LICENSES WITH PUBLICLY TRADED CORPORATION OR INVESTMENT COMPANY OWNERSHIP (1) An existing owner of a licensed gambling operation may not transfer an ownership interest to a publicly traded corporation or investment company that is a stranger to the license w…

23.16.1701 DEFINITIONS As used throughout this subchapter, the following definitions apply: (1) "Chance" means an opportunity to participate in a sports pool. (2) "Competitor" means: (a) a team in a sports event in which teams compete; or (b) an individual in a sports event in wh…

23.16.1702 SPORTS POOL CARD (1) A traditional, series, or multiple way sports pool must be conducted on a sports pool card containing a master square. (a) The master square of the card must be divided into spaces arranged in horizontal rows and vertical columns. (b) The numbers f…

23.16.1703 SALE OF SPORTS POOL CHANCES (1) The total cost of a chance in a sports event, or in a sports event for a series sports pool as described in ARM 23.16.1705(3)(b), is unlimited. The total cost for each chance must be paid in full and in cash at the time the chance is sel…

23.16.1704 DETERMINATION OF SPORTS POOL WINNERS - PRIZES (1) 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…

23.16.1705 AUTHORIZED SPORTS POOLS (1) 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 poo…

23.16.1706 PROCEDURES FOR APPROVING VARIATIONS OF AUTHORIZED POOLS (1) A variation of an authorized sports pool may not be conducted unless approved by the department. (2) A person qualified to be a sponsor may apply to the department for approval of a variation of an authorized …

23.16.1709 CONDUCT OF SPORTS POOL FOR PIG, GERBIL, OR HAMSTER RACES (1) 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. (2) A licensee conducting such a sports po…

23.16.1712 DESIGN AND CONDUCT OF SPORTS TAB GAME (1) 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 ev…

23.16.1713 PURCHASE AND SALE OF SPORTS TABS BY SPONSOR - LICENSURE (1) 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. (2) A sponsor may conduct sports t…

23.16.1714 SPORTS TAB GAME PRIZES (1) 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 att…

23.16.1715 SPONSOR RECORD KEEPING REQUIREMENTS (1) 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. (2) A sports tab that was no…

23.16.1716 SPORTS TAB GAME SELLER LICENSE (1) 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) a sports tab game seller license appl…

23.16.1717 SALE OF SPORTS TAB GAMES BY SPORTS TAB GAME SELLERS - COLLECTION OF TAX (1) 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. (2) A sports …

23.16.1718 QUARTERLY REPORTING REQUIREMENTS (1) 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 g…

23.16.1719 SPORTS TAB GAME SELLER RECORD KEEPING REQUIREMENTS - DECAL INVENTORIES (1) A sports tab game seller shall maintain records by serial number and by manufacturer of all sports tab cards purchased. (2) A sports tab game seller shall maintain records documenting the total …

23.16.1720 USE OF SPORTS TABS AND SPORTS TAB CARD RESTRICTED (1) 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-…

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 (1) "Act" means Title 23, chapter 5, part 6, MCA. (2) "Applicant" means any person who has applied for a permit for a VGM. (3) "ASD" (audit storage device) means a removable, portable, nonvolatile, electronic, memory storage device that is compatible with a…

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 (1) Upon request from a licensed video gambling machine manufacturer, distributor, route operator, or operator of a gambling establishment, the department will issue identification decals to be placed upon ap…

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,…

23.16.1822 PERMIT NOT TRANSFERABLE (1) Except as provided below, any permit to operate an electronic video gambling machine is only valid for the permit holder and the premises identified on the permit application. (2) When, during the first quarter of the permit year, a gambling…

23.16.1823 VIDEO GAMBLING PERMITS – ELIGIBILITY, APPLICATION, RENEWAL, PRORATION (1) A gambling operator is eligible to apply for video gambling machine permits only if the operator holds an appropriate alcoholic beverage license and: (a) the restrictions of 23-5-629 and 16-4-213…

23.16.1824 LICENSEE BUSINESS RELATIONSHIPS (REPEALED) Authorizing statute(s): 23-5-605, MCA Implementing statute(s): 23-5-605, 23-5-613, 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; TRANS, from Dept. of Com…

23.16.1825 LICENSEE QUALIFICATIONS - DENIAL OF APPLICATION - NONRENEWAL OF LICENSE - FAIR HEARING - JUDICIAL REVIEW (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; …

23.16.1826 QUARTERLY REPORTING REQUIREMENTS (1) End of quarter and service mechanical and electronic meter readings are used for tax calculation purposes and must be taken at the same time. Mechanical meters must be reported exactly as displayed on the machine and not from an aud…

23.16.1826A REPORTING FREQUENCY FOR APPROVED AUTOMATED ACCOUNTING SYSTEMS – EXCEPTIONS (1) Tier I systems shall transmit the information required by ARM 23.16.2105 each day. (2) Tier II systems shall transmit the information required by ARM 23.16.2105 at either seven day or 14 da…

23.16.1827 RECORD KEEPING REQUIREMENTS (1) Machine operation records must be maintained and made available for inspection by the department upon request. The records must be maintained by the machine owner. The records must provide all necessary information the department may req…

23.16.1828 GENERAL REQUIREMENTS OF OPERATORS, MANUFACTURERS, MANUFACTURERS OF ILLEGAL DEVICES, DISTRIBUTORS, AND ROUTE OPERATORS OF VIDEO GAMBLING MACHINES OR PRODUCERS OF ASSOCIATED EQUIPMENT (1) Every operator, manufacturer, manufacturer of illegal devices, distributor, or rout…

23.16.1829 ADVERTISING RESTRICTIONS FOR VIDEO GAMBLING MACHINES (1) A licensed video gambling machine operator, distributor, route operator, or manufacturer may only advertise the play, lease, or sale of video gambling machines authorized by Title 23, part 5, MCA. No signs or adv…

23.16.1901 GENERAL SPECIFICATIONS OF VGMS (1) Each VGM model or modification must: (a) be tested and approved by the department before it may be sold or permitted. The department's approval of a VGM is limited to the manufacturer to whom the approval was granted and may not be tr…

23.16.1902 AUDIT DATA STORAGE DEVICES (1) The department may approve a VGM using an audit storage device (ASD) in place of duplicate printed audit tapes. Each VGM providing ASD support must be reported on a tier I or tier II system and operate in the following manner: (a) the ASD…