Montana Administrative Code

23.16.1822 PERMIT NOT TRANSFERABLE 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. When, during the first quarter of the permit year, a gambling operati…

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

23.16.1824 LICENSEE BUSINESS RELATIONSHIPS (REPEALED) Authorizing statute(s): 23-5-605, MCA Implementing statute(s): 23-5-605, 23-5-613, MCA History: EMERG, NEW, 1985 MAR p. 1623, Eff. 11/1/85; TRANS, from Dept.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23.16.1825 LICENSEE QUALIFICATIONS - DENIAL OF APPLICATION - NONRENEWAL OF LICENSE - FAIR HEARING - JUDICIAL REVIEW (REPEALED) Authorizing statute(s): 23-5-605, MCA Implementing statute(s): 23-5-605, 23-5-611, 23-5-612(1), MCA History: EMERG, NEW, 1985 MAR p. 1623, Eff. 11/1/85; …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 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 audit t…

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

23.16.1827 RECORD KEEPING REQUIREMENTS 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 require…

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 Every operator, manufacturer, manufacturer of illegal devices, distributor, or route op…

23.16.1829 ADVERTISING RESTRICTIONS FOR VIDEO GAMBLING MACHINES 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 adverti…

23.16.1901 GENERAL SPECIFICATIONS OF VGMS Each VGM model or modification must: 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 transferre…

23.16.1902 AUDIT DATA STORAGE DEVICES 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: the ASD must ha…

23.16.1903 VGM TICKET VOUCHERS – EXPIRATION DATE – PAYMENT IN FULL UPON DEMAND – EXCEPTIONS Gambling operators must immediately pay all valid ticket vouchers in full and in cash upon presentation of the ticket for payment. A ticket voucher that is printed more than 48 hours befor…

23.16.1904 PROCEDURE ON DISCOVERY OF SUSPECTED OR CONFIRMED VGM MALFUNCTION A gambling operator who has a good faith belief a ticket voucher is the result of a VGM malfunction may refuse payment of the ticket voucher but must follow these steps: the gambling operator must immedia…

23.16.1905 SAFETY SPECIFICATIONS A VGM must include the following hardware specifications: All electrical and mechanical parts and design principles shall follow acceptable industrial codes and standards in both design and manufacture. A VGM shall be designed to ensure that the p…

23.16.1906 GENERAL SOFTWARE SPECIFICATIONS FOR VGMS Each VGM must meet the following specifications: the random number selection process shall conform to an acceptable random order of occurrence and uniformity of distribution as defined by the department; any variable data, e.g.,…

23.16.1907 SOFTWARE SPECIFICATIONS FOR VIDEO POKER GAMES Each video poker game title must meet the following specifications for approval for use within the state of Montana. To be approved the game must: use a deck of cards consisting of 52 standard playing cards (jokers may also…

23.16.1907A SOFTWARE SPECIFICATIONS FOR VIDEO LINE GAMES Each video line game title must meet the following specifications for approval for use within the state of Montana. To be approved, the game must: using a random number generator, draw and displaynumbers or symbolson at lea…

23.16.1908 SOFTWARE SPECIFICATIONS FOR VIDEO KENO GAMES Each video keno game title must meet the following specifications for approval for use within the state of Montana. To be approved, the game must: display a fixed playing field of numbers from 1 - 80; only accept bets on a m…

23.16.1909 SOFTWARE SPECIFICATIONS FOR VIDEO BINGO GAMES Each video bingo game title must meet the following specifications for approval within the state of Montana. To be approved, the game must: utilize a field of numbers from one to 75; provide a card or cards that contain 24 …

23.16.1909A SOFTWARE SPECIFICATIONS FOR MULTIGAME VGMS Each multigame VGM must meet the following specifications for approval for use within the State of Montana, if applicable: offer at least two approved types of games as follows: video poker games that comply with ARM 23.16.19…

23.16.1910 RESTRICTIONS ON OPTIONAL GAME FORMAT OR FEATURES The department shall determine what optional features may be allowed and such features must be approved by the department prior to inclusion in a VGM's game format. For video poker games the department will evaluate only…

23.16.1910A BONUS GAMES The department may approve bonus games that can be awarded to the player as a result of playing video poker, keno, bingo, or video line games under the following conditions: before a bonus game may be awarded to the player, the player must achieve a define…

23.16.1911 INFORMATION TO BE PROVIDED TO THE DEPARTMENT To ensure an EPRS,VGM, AARS, or CTVS complies with the act and these rules, the department may require a licensed manufacturer, accounting system vendor, or associated gambling businessto supply information, including but no…

23.16.1912 USED KENO MACHINES (REPEALED) Authorizing statute(s): 23-5-605, MCA Implementing statute(s): 23-5-607, MCA History: NEW, 1987 MAR p. 1972, Eff. 10/30/87; TRANS, from Dept. of Commerce, Ch. 642, L. 1989, Eff. 7/1/89; REP, 1990 MAR p. 828, Eff. 4/27/90.

23.16.1913 USE OF TEMPORARY REPLACEMENT OR LOANER MACHINES - PERMIT REQUIRED - REPORTING The use of a temporary replacement or loaner machine is authorized only where it is being used to replace a permitted machine that has been removed from service for repair. Any operator placi…

23.16.1914 DISTRIBUTOR'S LICENSE Before conducting business in the state, a distributor shall obtain a license from the department. An applicant for a license shall submit to the department: a distributor's license application, Forms 17 and FD-258 are availableat anyGambling Cont…

23.16.1915 ROUTE OPERATOR'S LICENSE Before conducting business in the state, a route operator shall obtain a license from the department. An applicant for a license shall submit to the department: a route operator license application, Forms 17 and FD-258 are availableat anyGambli…

23.16.1916 MANUFACTURER'S LICENSE Before conducting business in the state, a manufacturer shall obtain a license from the department. An applicant for a license shall submit to the department: a manufacturer's license application, Forms 17 and FD-258 are availableat anyGambling C…

23.16.1916A ACCOUNTING SYSTEM VENDOR LICENSE A vendor of a tier I or tier II AARS must obtain a license from the department before conducting business in this state. An applicant for a license must submit to the department: Form 17, with special accounting system vendor instructi…

23.16.1918 TESTING FEES Each person submitting an EPRS capable of interfacing with a VGM,VGM, AARS, CTVS, or a modification to an approved EPRS capable of interfacing with a VGM, VGM,AARS, or CTVSfor testing and department approval must: be licensed as a manufacturer,accounting s…

23.16.1920 EPRS, AARS, CTVS, AND VGM HARDWARE AND SOFTWARE SPECIFICATIONS The communications protocol used shall be the full implementation of International Game Technology's (IGT) Slot Accounting System (SAS) protocol version 6.00 or later. The IGT SAS protocol specification doc…

23.16.1922 CTVS TESTING AND RESTRICTIONS A CTVS is associated equipment that electronically acquires information and data from a VGM for the purpose of validating the authenticity of a ticket voucher presented for payment. A person licensed as a manufacturer may manufacture and s…

23.16.1924 PROHIBITED MACHINES Any machine which, in substance, simulates the game of video poker, keno, bingo, or video line games, without conforming to the requirements of the act or these rules and is placed in service for play by the public is prohibited. Entertainment displ…

23.16.1925 POSSESSION OF UNPERMITTED MACHINES BY MANUFACTURER, DISTRIBUTOR, ROUTE OPERATOR, OPERATOR, OR REPAIR SERVICE A manufacturer, distributor, route operator, operator, or repair service may possess or own unpermitted machines or associated equipment which conform to the st…

23.16.1926 LOCATION OF MACHINES ON PREMISES An electronic video gambling machine must be placed in such a manner that: each machine must be placed in such a manner that a minor who tries to play a machine is immediately observed by the licensee or the licensee's employees; and pu…

23.16.1927 APPROVAL OF VGMS AND/OR MODIFICATIONS TO APPROVED VGMS BY DEPARTMENT The department may conditionally approve specific models of VGMs or modifications based on its finding that the VGMs conform to the act and these rules. Final approval of each VGM or modification is r…

23.16.1928 DISSEMINATION OF INFORMATION Certain information collected by the department is known to contain confidential information. Information designated as confidential includes but is not limited to the following: technical manuals, instructions, wiring, or logic diagrams fo…

23.16.1929 REPAIRING MACHINES - APPROVAL When the department approves the software and logic board of a machine, it may use a prescribed security seal process to guard against any unauthorized tampering or changes to the method by which the game is played on the machine. Any repa…

23.16.1930 DEPARTMENT INVESTIGATORS - PEACE OFFICER STATUS (REPEALED) Authorizing statute(s): 23-5-605, MCA Implementing statute(s): 23-5-605(4), 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…

23.16.1931 INSPECTION AND SEIZURE The department has the right during the licensee's normal business hours to inspect any EPRS,AARS,CTVS, or VGM. Such right of inspection includes immediate access to each EPRS, AARS, CTVS, or VGM and unlimited inspection of all VGM parts. The dep…

23.16.1932 INVESTIGATION OF LICENSEE The department may, upon its own motion, and shall upon receipt of a written, verified complaint of any person, investigate the actions of any licensee and the operations of any machine. The investigation shall be undertaken for the purpose of…

23.16.1935 ADMINISTRATIVE PROCEEDINGS AND JUDICIAL REVIEW (REPEALED) Authorizing statute(s): 23-5-605, MCA Implementing statute(s): 23-5-611, 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, fr…

23.16.1936 TRANSPORTATION OF MACHINES INTO STATE All shipments of video gaming machines into this state must comply with the act of the Congress of the United States entitled "An act to prohibit transportation of gambling devices in interstate and foreign commerce," approved Janu…

23.16.1937 REGISTRATION OF MANUFACTURERS, SUPPLIERS, OR DISTRIBUTORS OF VIDEO GAMING MACHINES (REPEALED) Authorizing statute(s): 23-5-605, MCA Implementing statute(s): 23-5-605, 23-5-609, MCA History: EMERG, NEW, 1985 MAR p. 1623, Eff. 11/1/85; TRANS, from Dept. of Revenue, Ch. 1…

23.16.1940 VIDEO GAMBLING MACHINES - TRADE SHOWS Video gambling machines, which have not been approved for operation or sale, may be brought into Montana for the purposes of trade shows, exhibitions, and similar activities, under the following requirements: The machines must simu…

23.16.1945 CIVIL VIOLATIONS - CRIMINAL CITATIONS (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; REP, 1987 MAR p. 1…

23.16.1946 PENALTIES FOR CIVIL VIOLATION ISSUED BY DEPARTMENT (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; REP, …

23.16.2001 MANUFACTURER OF ILLEGAL GAMBLING DEVICES - LICENSE - FEE - REPORTING REQUIREMENTS - INSPECTION OF RECORDS - REPORTS Before conducting business in the state, a manufacturer of illegal gambling devices shall obtain a license from the department. An applicant for a licens…

23.16.2004 IMPORTATION OF ILLEGAL GAMBLING DEVICES (REPEALED) Authorizing statute(s): 23-5-115, MCA Implementing statute(s): 23-5-115, 23-5-152, 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; AMD, 199…