Montana Administrative Code

23.16.1906 GENERAL SOFTWARE SPECIFICATIONS FOR VGMS (1) Each VGM must meet the following specifications: (a) the random number selection process shall conform to an acceptable random order of occurrence and uniformity of distribution as defined by the department; (b) any variable…

23.16.1907 SOFTWARE SPECIFICATIONS FOR VIDEO POKER GAMES (1) 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: (a) use a deck of cards consisting of 52 standard playing cards (jokers …

23.16.1907A SOFTWARE SPECIFICATIONS FOR VIDEO LINE GAMES (1) 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: (a) using a random number generator, draw and display numbers or symbols…

23.16.1908 SOFTWARE SPECIFICATIONS FOR VIDEO KENO GAMES (1) 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: (a) display a fixed playing field of numbers from 1 - 80; (b) only accept…

23.16.1909 SOFTWARE SPECIFICATIONS FOR VIDEO BINGO GAMES (1) Each video bingo game title must meet the following specifications for approval within the state of Montana. To be approved, the game must: (a) utilize a field of numbers from one to 75; (b) provide a card or cards that…

23.16.1909A SOFTWARE SPECIFICATIONS FOR MULTIGAME VGMS (1) Each multigame VGM must meet the following specifications for approval for use within the State of Montana, if applicable: (a) offer at least two approved types of games as follows: (i) video poker games that comply with …

23.16.1910 RESTRICTIONS ON OPTIONAL GAME FORMAT OR FEATURES (1) 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 …

23.16.1910A BONUS GAMES (1) 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: (a) before a bonus game may be awarded to the player, the player must achieve …

23.16.1911 INFORMATION TO BE PROVIDED TO THE DEPARTMENT (1) 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 business to supply information, including …

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 (1) 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. (2) Any operat…

23.16.1914 DISTRIBUTOR'S LICENSE (1) 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) a distributor's license application, Forms 17 and FD-258 are available at any Gam…

23.16.1915 ROUTE OPERATOR'S LICENSE (1) 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) a route operator license application, Forms 17 and FD-258 are available at …

23.16.1916 MANUFACTURER'S LICENSE (1) 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) a manufacturer's license application, Forms 17 and FD-258 are available at any …

23.16.1916A ACCOUNTING SYSTEM VENDOR LICENSE (1) 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: (a) Form 17, with special accounting system vendor i…

23.16.1918 TESTING FEES (1) 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 CTVS for testing and department approval must: (a) be licensed as a manufacturer, …

23.16.1920 EPRS, AARS, CTVS, AND VGM HARDWARE AND SOFTWARE SPECIFICATIONS (1) 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. (a) The IGT SAS protocol specifica…

23.16.1922 CTVS TESTING AND RESTRICTIONS (1) 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. (2) A person licensed as a manufacturer may manufactu…

23.16.1924 PROHIBITED MACHINES (1) 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 d…

23.16.1925 POSSESSION OF UNPERMITTED MACHINES BY MANUFACTURER, DISTRIBUTOR, ROUTE OPERATOR, OPERATOR, OR REPAIR SERVICE (1) A manufacturer, distributor, route operator, operator, or repair service may possess or own unpermitted machines or associated equipment which conform to th…

23.16.1926 LOCATION OF MACHINES ON PREMISES (1) An electronic video gambling machine must be placed in such a manner that: (a) 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…

23.16.1927 APPROVAL OF VGMS AND/OR MODIFICATIONS TO APPROVED VGMS BY DEPARTMENT (1) 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. (a) Final approval of each VGM or modificat…

23.16.1928 DISSEMINATION OF INFORMATION (1) Certain information collected by the department is known to contain confidential information. Information designated as confidential includes but is not limited to the following: (a) technical manuals, instructions, wiring, or logic dia…

23.16.1929 REPAIRING MACHINES - APPROVAL (1) 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. (2) …

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 (1) 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. T…

23.16.1932 INVESTIGATION OF LICENSEE (1) 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 purpos…

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 (1) 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 …

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 (1) 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: (a) The machines m…

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 (1) Before conducting business in the state, a manufacturer of illegal gambling devices shall obtain a license from the department. An applicant for a li…

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…

23.16.201 INSPECTION OF LICENSED PREMISES, RECORDS, AND DEVICES (1) Any licensed premises where gambling-related activity is conducted or any premises connected to the operation of a licensed gambling-related activity shall at all times during normal business hours be open to ins…

23.16.202 CREDIT PLAY PROHIBITED (1) Except as provided in (2) and 23-5-413, MCA, 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 pla…

23.16.203 ADMINISTRATIVE PROCEDURE (1) 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 recor…

23.16.204 PROCEDURE FOR ADMISSION OF HEARSAY EVIDENCE (1) 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 Di…

23.16.206 PUBLIC DISCLOSURE OF INFORMATION (1) 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 clear…

23.16.209 ILLEGAL GAMBLING DEVICES (1) The following definitions apply for this rule: (a) the terms "illegal gambling device" and "public gambling" have the definitions found in 23-5-112, MCA; and (b) the term "museum" means a facility or registered historic site, whether publicl…

23.16.210 ANTIQUE GAMBLING DEVICES (1) The terms antique gambling device and public gambling have the definitions found in 23-5-112, MCA. (2) An antique gambling device may be operated only: (a) for public gambling by a licensed gambling operator if the device is a VGM permitted …

23.16.2101 COMBINATION OF VIDEO POKER, KENO, BINGO, AND VIDEO LINE GAMES (1) The department shall allow a video gambling machine to offer a multigame subject to the following: (a) the owner has received approval of an application to connect to the automated accounting and reporti…

23.16.2102 APPROVED ACCOUNTING AND REPORTING SYSTEM AVAILABILITY IN RELATION TO MULTI-GAME AGREEMENTS (1) 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 s…

23.16.2103 PROCEDURES FOR PROVIDING NOTICE TO MULTI-GAME MACHINE OWNERS AND LESSEES TO CONNECT TO AN APPROVED ACCOUNTING AND REPORTING SYSTEM (1) The department shall provide notification for connection to an approved system, as required by ARM 23.16.2101(3) and (4), according to…

23.16.2105 GENERAL SPECIFICATIONS OF APPROVED AUTOMATED ACCOUNTING AND REPORTING SYSTEMS (1) 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 …