Montana Administrative Code

23.16.201 INSPECTION OF LICENSED PREMISES, RECORDS, AND DEVICES Any licensed premise where gambling-related activity is conducted or any premise connected to the operation of a licensed gambling-related activity shall at all times during normal business hours be open to inspectio…

23.16.202 CREDIT PLAY PROHIBITED Except as provided in (2), all gambling or gambling activity must be played on a cash basis. No credit may be extended to any player. Consideration to play a game of chance must be paid in full, in cash, in advance of any play. Players may tender,…

23.16.203 ADMINISTRATIVE PROCEDURE The department is authorized to investigate gambling activities, alleged violations of Title 23, chapter 5, MCA, and these rules, and all applications for licenses, permits, authorizations, and registrations. The department may inspect records a…

23.16.204 PROCEDURE FOR ADMISSION OF HEARSAY EVIDENCE Notwithstanding any provision of the Montana Administrative Procedure Act or the Attorney General's Model Rules of Procedure to the contrary, hearsay evidence may be submitted in a proceeding before the Gambling Control Divisi…

23.16.206 PUBLIC DISCLOSURE OF INFORMATION Except as provided in (2) and the Criminal Justice Information Act (Title 44, chapter 5, MCA), the department shall release information in its possession upon a case-by-case evaluation of whether the individual right to privacy clearly e…

23.16.209 ILLEGAL GAMBLING DEVICES The following definitions apply for this rule: the terms "illegal gambling device" and "public gambling" have the definitions found in 23-5-112, MCA; and the term "museum" means a facility or registered historic site, whether publicly or private…

23.16.210 ANTIQUE GAMBLING DEVICES The terms antique gambling device and public gambling have the definitions found in 23-5-112, MCA. An antique gambling device may be operated only: for public gambling by a licensed gambling operator if the device is a VGM permitted as required …

23.16.2101 COMBINATION OF VIDEO POKER, KENO, BINGO, AND VIDEO LINE GAMES The department shall allow a video gambling machine to offer a multigame subject to the following: the owner has received approval of an application to connect to the automated accounting and reporting syste…

23.16.2102 APPROVED ACCOUNTING AND REPORTING SYSTEM AVAILABILITY IN RELATION TO MULTI-GAME AGREEMENTS For purposes of determining when an approved automated accounting system is available under the terms of multi-game video gambling machine agreements, the availability date shall…

23.16.2103 PROCEDURES FOR PROVIDING NOTICE TO MULTI-GAME MACHINE OWNERS AND LESSEES TO CONNECT TO AN APPROVED ACCOUNTING AND REPORTING SYSTEM The department shall provide notification for connection to an approved system, as required by ARM 23.16.2101(3) and (4), according to the…

23.16.2105 GENERAL SPECIFICATIONS OF APPROVED AUTOMATED ACCOUNTING AND REPORTING SYSTEMS Each automated accounting and reporting system must be inspected for approval by the department. The department may inspect any approved automated accounting and reporting system sold or oper…

23.16.2107 APPLICATION FOR A VIDEO GAMBLING MACHINE OWNER OR OPERATOR TO UTILIZE AN APPROVED AUTOMATED ACCOUNTING AND REPORTING SYSTEM An owner or operator intending to utilize an approved automated accounting and reporting system shall, not less than 60 days prior to the first d…

23.16.2109 TESTING OF AUTOMATED ACCOUNTING AND REPORTING SYSTEMS The department may enter into an agreement with accounting system vendors, route operators, or licensed operators to provide for testing of systems under ARM 23.16.2102. Any agreement for testing shall include the f…

23.16.2111 MODIFICATION OF APPROVED AUTOMATED ACCOUNTING AND REPORTING SYSTEMS All modifications to tier I systems must be submitted to the department for purposes of maintaining records of the approved versions of the approved system. Any proposed substantial modification of a t…

23.16.2113 CONTINUATION OF APPROVED ACCOUNTING AND REPORTING SYSTEM WHEN ACCOUNTING SYSTEM VENDOR'S LICENSE LAPSES In the event an accounting system vendor fails to renew its license, an operator may continue to operate the approved accounting and reporting system purchased from …

23.16.2115 AUTOMATED ACCOUNTING AND REPORTING SYSTEM DATA NOT TO BE USED FOR PLAYER TRACKING (REPEALED) Authorizing statute(s): 23-5-621, MCA Implementing statute(s): 23-5-621, MCA History: NEW, 2006 MAR p. 1735, Eff. 7/7/06; REP, 2022 MAR p. 48, Eff. 1/15/22.

23.16.2301 DEFINITIONS For the purposes of ARM 23.16.2302 through 23.16.2306, the following definitions apply: "Electronic live bingo or keno equipment" means an electronic device or system that uses a microprocessor to generate random numbers during a live bingo or keno game. "M…

23.16.2302 MANUFACTURER LICENSE Before conducting business in this state, a manufacturer shall obtain an electronic live bingo or keno manufacturer license from the department. An applicant for a license shall submit to the department: an electronic live bingo or keno manufacture…

23.16.2303 EQUIPMENT EXAMINATION FEE A manufacturer shall submit to the department a prototype of his electronic live bingo or keno equipment as provided in 23-5-425 , MCA. At the time the equipment is submitted for examination, the manufacturer shall pay a fee of $2,000. Based o…

23.16.2304 MODIFICATIONS TO APPROVED EQUIPMENT A modification to approved electronic live bingo or keno equipment that alters the operation of the equipment must be submitted to the department for examination and approval before installation. At the time the modification is submi…

23.16.2305 EQUIPMENT SPECIFICATIONS Electronic live bingo or keno equipment may offer only those games authorized as live bingo or keno under Title 23, chapter 5, part 4, MCA. The equipment must: allow easy access to the equipment for field verification; have a manufacturer ident…

23.16.2306 REPORTING AND RECORD KEEPING REQUIREMENTS Within 15 days following the end of each calendar quarter, a licensed manufacturer shall submit to the department a quarterly activity report (form 18), which is available upon request from the department. The report must list …

23.16.2401 DEFINITIONS Throughout this subchapter, the following definitions apply: "Bank" means the common fund into which player consideration to play keno or bingo is placed and out of which prizes are awarded. "Bingo" means a game of chance played for prizes with cards bearin…

23.16.2402 LIVE KENO AND BINGO RECORD KEEPING A record of live keno and bingo gross proceeds, must be maintained separate and distinct from other sources of operator revenue. Unless designated otherwise the operator of a live keno or bingo game must retain daily accounting record…

23.16.2403 EXPENSES ALLOWED IN CALCULATING NET LIVE KENO OR BINGO TAXABLE INCOME (REPEALED) Authorizing statute(s): 23-5-115, MCA Implementing statute(s): 23-5-409, MCA History: NEW, 1990 MAR p. 828, Eff. 4/27/90; REP, 1991 MAR p. 1942, Eff. 10/18/91.

23.16.2404 PROCEDURE FOR APPROVING VARIATIONS OF STANDARD BINGO CARDS A game of bingo using a variation of a standard card with 5 columns and 25 squares may not be conducted unless and until it has been approved by the department. A person requesting approval from the department …

23.16.2406 PRIZE AWARDS FOR LIVE KENO AND BINGO GAMES All live keno operators must provide a pay table listing prizes awarded on winning cards. All valid winning keno cards presented to the keno caller before the next game must be paid in full as per the pay table. All live bingo…

23.16.2407 ACTUAL CASH PROFIT BANK DEPOSIT REQUIRED BY LICENSED OPERATOR The actual cash profit of live keno and bingo games, less the increase or plus the decrease in the normal cash bank for the next keno or bingo day's play, must be deposited intact in the operator's bank acco…

23.16.2410 PENALTIES Failure to file live keno or bingo income tax returns or pay the tax in a timely manner will result in the assessment of penalties, stated in terms of a percentage of the tax due. The penalties to be assessed are as follows: 0-30 days late = 10% of tax due; 3…

23.16.2411 SPECIAL BINGO SESSIONS A licensed operator granted an annual permit by the department to conduct live bingo games on a specified premises may apply for a permit to conduct a special bingo session. To apply for a special bingo session permit, the operator shall submit a…

23.16.2601 DEFINITION (REPEALED) Authorizing statute(s): 23-5-115, MCA Implementing statute(s): 23-5-405, MCA History: NEW, 1990 MAR p. 828, Eff. 4/27/90; REP, 1991 MAR p. 1942, Eff. 10/18/91.

23.16.2602 RAFFLE GENERAL REQUIREMENTS, AUTHORIZED RANDOM SELECTION PROCESSES, AND RECORD KEEPING REQUIREMENTS A raffle sponsor must make all raffle terms available to the public prior to the sale of any raffle tickets. In all cases a raffle sponsor must establish and make availa…

23.16.2603 AUTHORIZED SELECTION PROCESS FOR DAILY POT RAFFLES Daily pot raffles: may be conducted for an entry fee not to exceed 50 cents each day; may not accumulate entry fees and offer prize amounts exceeding $500; and may continue for a period not to exceed 30 days. Daily pot…

23.16.2610 DEFINITIONS As used throughout this subchapter, the following definitions apply: "50/50 raffle" means a raffle sponsored by a nonprofit organization in which the winner is awarded a monetary prize calculated by a predetermined percentage of the gross raffle ticket sale…

23.16.2611 AUTHORITY TO OFFER 50/50 RAFFLES, 50/50 RAFFLE PROCESSING SYSTEM RESTRICTIONS Only a nonprofit organization, a college, a university, a public school district, or a nonpublic school may sponsor and offer a 50/50 raffle. All 50/50 raffles are subject to the following re…

23.16.2612 REQUIREMENTS OF ASSOCIATED GAMBLING BUSINESSES SUPPLYING 50/50 RAFFLE ELECTRONIC PROCESSING SYSTEMS Before contracting with a nonprofit organization to supply a 50/50 raffle electronic processing system, an associated gambling business must: be licensed under 23-5-178,…

23.16.2613 TESTING AND TESTING FEES Each associated gambling business submitting a 50/50 raffle electronic processing system to the department for testing must deposit the sum of $1,000 to begin testing. This fund is applied toward the department's actual testing cost and is mana…

23.16.2801 DEFINITIONS "Calcutta pool" means a form of auction pool wherein participants in the pool bid on the competitors in an underlying event with each successful bidder wagering the amount he has bid on the competitor he has "purchased;" at the conclusion of the underlying …

23.16.2802 RESTRICTIONS ON CALCUTTA POOLS Calcutta pools must meet all the requirements of 23-5-221 , MCA. Authorizing statute(s): 23-5-115, MCA Implementing statute(s): 23-5-221, MCA History: NEW, 1990 MAR p. 828, Eff. 4/27/90.

23.16.2803 APPLICATION FOR AUTHORIZATION TO CONDUCT A CALCUTTA POOL Any organization seeking authorization from the department to conduct a Calcutta pool must supply the department the following information: the event underlying the Calcutta pool; the number of competitors in the…

23.16.2806 MISREPRESENTATION - PENALTIES If, upon investigation, the department determines that an organization authorized to conduct a Calcutta pool has failed to comply with the laws of the state of Montana or the rules of the department or has misrepresented any material fact …

23.16.3001 ILLEGAL GAMBLING - PRESUMPTION In any case where the department is able to establish probable cause that a gambling activity not authorized by statute is taking place or that a gambling device or gambling enterprise not authorized by statute is being made available to …

23.16.3002 PROCEDURE UPON PRESUMPTION In cases where the department has presumed the existence of an illegal gambling activity, device, or enterprise, the department may issue a notice and opportunity for hearing on a permanent cease and desist order regarding that activity. The …

23.16.301 SHAKE-A-DAY GAMES All shake-a-day games are subject to these general rules: only establishmentslicensedfor the sale of alcoholic beverages to be consumed on the premises may offer shake-a-day games; the price per play may not exceed 50 cents; a player may play more than…

23.16.3101 DEFINITIONS For the purposes of ARM 23.16.3102 through 23.16.3104, the following definitions apply: "Casino night" means a fundraising event as defined in 23-5-701 , MCA. "Imitation money" means script, chips, tokens, or similar items that have an assigned value at a c…

23.16.3102 APPLICATION FOR PERMIT A nonprofit organization as defined in 23-5-112 , MCA, may apply to the department for a casino night permit by submitting a casino night permit application (form 11), which is available upon request from the department. In addition to the inform…

23.16.3103 GENERAL REQUIREMENTS A casino night must be conducted in accordance with Title 23, chapter 5, part 7, MCA, department rules, and the following requirements: The casino night permit issued by the department must be posted and clearly visible to persons participating in …

23.16.3104 REPORTING REQUIREMENTS Within 30 days after a casino night is held, the nonprofit organization shall submit to the department a casino night report (form 12), which is available upon request from the department. A nonprofit organization that knowingly fails to file the…

23.16.3201 DEFINITIONS For the purposes of ARM 23.16.3201 through 23.16.3205, the following definitions apply: "Administrative fee" means an amount that may be charged a member for payment of expenses directly related to the operation of a fantasy sports league. An administrative…

23.16.3202 LEAGUE RULES A copy of the fantasy sports league rules and information must be provided in writing to each member in the league. The rules must include: name, address, and telephone number of the person or organization conducting the league; amount charged for entrance…