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Montana Statutes, Title 23

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Montana/Statutes

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Title 23, Title 23

7 chapters · 289 sections in this title.

All chapters in Title 23289 Ch 5, GAMBLING112 Ch 2, RECREATION106 Ch 1, PARKS24 Ch 7, STATE LOTTERY24 Ch 4, HORSERACING16 Ch 6, AMUSEMENT GAMES7

112 sections·Filtered byTitle 23✕Ch 5✕

Mont. Code Ann. § 23-5-110 Public Policy Of State Concerning Gambling
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(1) The legislature finds that for the purpose of ensuring the proper gambling environment in this state it is necessary and desirable to adopt a public policy regarding public gambling activities in Montana. The legislature therefore declares it is necessary to: (a) create and m…
Mont. Code Ann. § 23-5-111 Construction And Application
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In view of Article III, section 9, of the Montana constitution, parts 1 through 8 of this chapter must be strictly construed by the department and the courts to allow only those types of gambling and gambling activity that are specifically and clearly allowed by those parts.
Mont. Code Ann. § 23-5-112 Definitions
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Unless the context requires otherwise, the following definitions apply to parts 1 through 8 of this chapter: (1) "Antique gambling device" means: (a) an illegal gambling device manufactured prior to 1994; or (b) any gambling device which, at any present time, is 30 years old or o…
Mont. Code Ann. § 23-5-113 Department As Criminal Justice Agency
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The department is a criminal justice agency whose designated agents are granted peace officer status, with the power of search, seizure, and arrest. Agents are authorized to investigate gambling activities in this state regulated by parts 1 through 8 of this chapter and the rules…

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Mont. Code Ann. § 23-5-114 Department Employees -- Activities Prohibited

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(1) An employee of the department directly involved with the prosecution, investigation, regulation, or licensing of gambling, as designated by the attorney general, may not: (a) serve as an officer of a business or organization that conducts a gambling activity, other than as an…

Mont. Code Ann. § 23-5-115 Powers And Duties Of Department -- Licensing

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(1) The department shall administer the provisions of parts 1 through 8 of this chapter. (2) The department shall adopt rules to administer and implement parts 1 through 8 of this chapter. (3) The department shall provide licensing procedures, prescribe necessary application form…

Mont. Code Ann. § 23-5-116 Disclosure Of Information

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(1) The department shall, upon request, disclose information concerning a current or former gambling license applicant or gambling licensee or any other person engaged in gambling or a gambling activity governed by parts 1 through 8 of this chapter, except: (a) confidential crimi…

Mont. Code Ann. § 23-5-117 Premises Approval

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(1) The department may approve a premises for issuance or operation of an operator's license if the premises meets the requirements contained in subsections (2) and (3). (2) The premises may include any concessioned area provided for in 16-4-418 and must: (a) be a structure or fa…

Mont. Code Ann. § 23-5-118 Transfer Of Ownership Interest -- Definitions

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(1) In this section, "licensed gambling operation" means a business for which a license was obtained under parts 1 through 8 of this chapter. (2) Except as provided in subsection (4), an owner of an interest in a licensed gambling operation shall notify the department in writing …

Mont. Code Ann. § 23-5-119 Appropriate Alcoholic Beverage License For Certain Gambling Activities

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(1) Except as provided in subsection (3), to be eligible to offer gambling under Title 23, chapter 5, part 3, 5, or 6, an applicant must own in the applicant's name: (a) a retail all-beverages license issued under 16-4-201, but the owner of a license transferred after July 1, 200…

Mont. Code Ann. § 23-5-123 Disposal Of Fines And Penalties For Violation Of Gambling Laws

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All fines and penalties collected by criminal, civil, or administrative process for a violation of a provision of parts 1 through 8 of this chapter or a rule of the department must be deposited in the operating budget of the department of justice.

Mont. Code Ann. § 23-5-128 Distributor's License -- Fees

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(1) It is a misdemeanor for a person to conduct business as a distributor without first obtaining a distributor's license from the department. (2) Except as provided in subsection (6), the department shall charge an annual license fee of $1,000 for issuing or renewing a distribut…

Mont. Code Ann. § 23-5-129 Route Operator's License -- Fees

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(1) It is a misdemeanor for a person to conduct business as a route operator without first obtaining a route operator's license from the department. (2) Except as provided in subsection (6), the department shall charge an annual license fee of $1,000 for issuing or renewing a rou…

Mont. Code Ann. § 23-5-130 Allowable Compensation For Route Operator

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The compensation that a licensed route operator may receive for leasing a video gambling machine to a licensed operator is limited to a set fee or a percentage of gross machine income, or both a set fee and percentage amount. The route operator may not assume responsibility for a…

Mont. Code Ann. § 23-5-131 Losses At Illegal Gambling May Be Recovered In Civil Action

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A person, or the person's dependent or guardian, who, by playing or betting at an illegal gambling device or illegal gambling enterprise, loses money, property, or any other thing of value and pays and delivers it to another person connected with the operation or conduct of the i…

Mont. Code Ann. § 23-5-135 Discharge Of Defendant

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(1) A person against whom a civil action is brought, as provided in 23-5-131, may move to have the action against the person dismissed if the person has repaid to the person who suffered the loss or that person's dependent the gambling loss, the costs of bringing the civil action…

Mont. Code Ann. § 23-5-136 Injunction And Other Remedies

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(1) If a person has engaged or is engaging in an act or practice constituting a violation of a provision of parts 1 through 8 of this chapter or a rule or order of the department, the department may: (a) upon clear and convincing evidence, issue a temporary order to cease and des…

Mont. Code Ann. § 23-5-137 Judicial Review

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(1) (a) A person aggrieved by a final order of the department may obtain a review of the order in district court by filing with the court, within 30 days after entry of the final order, a written petition requesting that the order be modified or set aside in whole or in part. (b)…

Mont. Code Ann. § 23-5-138 Evidence In Administrative Proceedings

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When conducting an administrative proceeding under parts 1 through 8 of this chapter, the department may consider hearsay evidence approved by the hearing examiner in a prehearing conference at which a determination is made that the evidence possesses sufficient guaranties of tru…

Mont. Code Ann. § 23-5-151 Gambling Prohibited

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Except as specifically authorized by statute, all forms of public gambling, lotteries, and gift enterprises are prohibited.

Mont. Code Ann. § 23-5-152 Possession Of Illegal Gambling Device Or Conducting Illegal Gambling Enterprise Prohibited -- Exceptions

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(1) Except as provided in 23-5-153 and subsections (2) through (5) of this section, it is a misdemeanor punishable under 23-5-161 for a person to purposely or knowingly: (a) have in the person's possession or under the person's control or permit to be placed, maintained, or kept …

Mont. Code Ann. § 23-5-153 Possession And Sale Of Antique Gambling Devices

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(1) Subject to the requirements of subsection (4), a person may possess, sell, purchase, or transfer an antique gambling device. The person possessing the antique gambling device bears the burden of demonstrating that the device qualifies as an antique gambling device. Proof of q…

Mont. Code Ann. § 23-5-154 Soliciting Participation In Illegal Gambling Activity Prohibited

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A person who purposely or knowingly advertises for or solicits another person to participate in an illegal gambling enterprise or use an illegal gambling device is guilty of a crime and is punishable under 23-5-161 and 23-5-162.

Mont. Code Ann. § 23-5-155 Counterfeiting Or Defacing Documents -- Penalty

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(1) A person commits the offense of counterfeiting or defacing a document when the person purposely or knowingly counterfeits, alters, or wrongfully displays a seal, decal, license, identification number or device, or other document issued by the department. (2) A person convicte…

Mont. Code Ann. § 23-5-156 Offering Or Obtaining Anything Of Value By Fraud Or Operation Of Illegal Gambling Device Or Enterprise

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(1) A person who in an activity involving gambling offers or obtains money, property, or anything of value that does not exceed $750 in value by misrepresentation, fraud, or the use of an illegal gambling device or an illegal gambling enterprise is guilty of a misdemeanor and is …

Mont. Code Ann. § 23-5-157 Gambling On Cash Basis -- Penalties

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(1) (a) Except as provided in subsection (1)(b), in every gambling activity the consideration paid for the chance to play must be made in cash. A check or debit card may be used to obtain cash to participate in a gambling activity. A participant shall present the cash needed to p…

Mont. Code Ann. § 23-5-158 Minors Not To Participate -- Penalty -- Exception

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(1) Except as provided in subsection (3), a person may not purposely or knowingly allow a person under 18 years of age to participate in a gambling activity. A person who violates this subsection is guilty of a misdemeanor and must be punished in accordance with 23-5-161. (2) Exc…

Mont. Code Ann. § 23-5-159 Illegal Sale, Assignment, Lease, Or Transfer Of License -- Penalty

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A licensee who purposely or knowingly sells, assigns, leases, or transfers a license or permit in violation of 23-5-110 is guilty of a misdemeanor punishable in accordance with 23-5-161.

Mont. Code Ann. § 23-5-160 Shaking Dice For Drink Or Music Or In Shake-A-Day Game

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(1) It is legal for a customer in an establishment licensed for the sale of alcoholic beverages to be consumed on the premises to shake or choose one or more dice, alone or with an owner or employee of the establishment, to determine whether the customer or the establishment shal…

Mont. Code Ann. § 23-5-161 Criminal Liabilities -- Misdemeanor

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A person who purposely or knowingly violates a provision of parts 1 through 8 of this chapter, the punishment of which is for a misdemeanor, shall upon conviction of a first offense be fined not more than $500. Upon a second conviction within 5 years of a first conviction, a pers…

Mont. Code Ann. § 23-5-162 Criminal Liabilities -- Felony

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(1) A person who purposely or knowingly violates a provision of parts 1 through 8 of this chapter, the punishment for which is a felony, may upon conviction be fined not more than $50,000 or imprisoned for not more than 10 years, or both, for each violation. (2) In addition to an…

Mont. Code Ann. § 23-5-164 Payroll Checks -- Promotional Activities Prohibited

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A licensee may not offer financial incentives or conduct promotional games of chance in connection with an offer to cash payroll checks on the premises.

Mont. Code Ann. § 23-5-165 Fishing Derbies And Wagering On Natural Occurrences

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(1) The following are authorized gambling activities: (a) a fishing derby in which two or more persons pay valuable consideration for an opportunity to win a prize for the species, size, weight, or otherwise specified fish caught in a fishing event; and (b) wagering on the outcom…

Mont. Code Ann. § 23-5-171 Authority Of Local Governments To Regulate Gambling

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(1) A local government may not license or regulate a form of gambling authorized by parts 1 through 8 of this chapter or assess or charge any fees or taxes unless specifically authorized by statute. (2) An incorporated city or town may enact an ordinance or resolution zoning cert…

Mont. Code Ann. § 23-5-172 Prosecution

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The county attorney of the county in which a violation of a provision of parts 1 through 8 of this chapter occurs shall prosecute all gambling actions within the jurisdiction of the department. However, if the county attorney declines prosecution or fails to commence an action wi…

Mont. Code Ann. § 23-5-176 Qualifications For Licensure

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(1) A person who the department determines is qualified to receive a license under the provisions of this chapter may, based on information available to, required by, or supplied to the department under department rules, be issued a state gambling license. (2) Except as provided …

Mont. Code Ann. § 23-5-177 Operator Of Gambling Establishment -- License -- Fee

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(1) Except as provided in 23-5-310 and 23-5-410, it is a misdemeanor for a person who is not licensed by the department as an operator to make available to the public for play a gambling device or gambling enterprise for which a permit must be obtained from the department. (2) To…

Mont. Code Ann. § 23-5-178 Associated Gambling Business

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(1) The department may adopt rules for the licensing of associated gambling businesses, including but not limited to accounting software vendors and video gambling machine recyclers. (2) The licensing of an associated gambling business may consider only the legality of the produc…

Mont. Code Ann. § 23-5-180 Property Subject To Forfeiture

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(1) The following property is subject to forfeiture: (a) gambling implements, apparatus, paraphernalia, slips, tickets, and devices kept, possessed, or used in violation of a provision of this chapter; (b) personal property not listed in subsection (1)(a), including but not limit…

Mont. Code Ann. § 23-5-181 Petition -- Summons -- Service -- Answer

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(1) A peace officer that seizes personal property under 23-5-180 shall within 45 days of the seizure file a petition to institute forfeiture proceedings with the clerk of the district court of the county in which the seizure occurred. The clerk shall issue a summons, which the pe…

Mont. Code Ann. § 23-5-182 Effect Of Failure To Answer -- Hearing Date Following Answer

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(1) If a verified answer to the petition is not filed within 20 days after service under 23-5-181, the court, upon motion, shall order the property forfeited to the state. (2) If a verified answer is filed within 20 days after service under 23-5-181, the forfeiture proceedings mu…

Mont. Code Ann. § 23-5-183 Rebuttable Presumption Of Forfeiture -- Rebuttal Of Presumption

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(1) There is a rebuttable presumption of forfeiture. (2) An owner of the personal property who has a verified answer on file may rebut the presumption by proving that the property was not used for the purpose charged or that the use of the property occurred without the owner's kn…

Mont. Code Ann. § 23-5-184 Disposition Of Property

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(1) If the court finds that the personal property was not used for the purpose charged or was used without the knowledge or consent of the owner, it shall order the property released to the owner. (2) If the court finds that the personal property was used for the purpose charged …

Mont. Code Ann. § 23-5-185 Pursuing Violation By Or Determining Suitability For Licensure Of Person Whose License Has Expired

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The expiration of a license or permit issued under this chapter does not prevent the department from pursuing a violation by the person holding the license or permit or from determining that person's suitability for a future license or permit.

Mont. Code Ann. § 23-5-221 Definition

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As used in this part, "Calcutta pool" means a form of auction pool conducted by an organization authorized by the department. The Calcutta pool must be an auction pool in which: (1) a person's wager is equal to the person's bid; (2) the proceeds from the pool, minus administrativ…

Mont. Code Ann. § 23-5-222 Calcutta Pools Authorized

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It is lawful to conduct or participate in a Calcutta pool as defined in 23-5-221. An organization shall apply to the department on a form prescribed and furnished by the department for a Calcutta permit. The application must be accompanied by a fee of $25, which the department sh…

Mont. Code Ann. § 23-5-223 Penalty

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A person who violates a provision of this part is guilty of a misdemeanor punishable pursuant to 23-5-161.

Mont. Code Ann. § 23-5-224 Construction

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Nothing in this part may be construed to permit a person to conduct a race meet or to bet on a race of a licensed race meet in violation of 23-4-201 and 23-4-301.

Mont. Code Ann. § 23-5-306 Live Card Game Table -- Permit -- Fees -- Disposition Of Fees

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(1) (a) A person who has been granted an operator's license under 23-5-177 and who holds an appropriate license to sell alcoholic beverages for consumption on the premises, as provided in 23-5-119, may be granted an annual permit for the placement of live card game tables. (b) A …

Mont. Code Ann. § 23-5-307 Live Card Game Tables -- Hours Of Play -- Restriction

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Live card game tables must be closed for play between the hours of 2 a.m. and 8 a.m. each day. However, in the jurisdiction of a local government where a game is played, the local government may adopt an ordinance allowing play between 2 a.m. and 8 a.m.