Title 53 — Sports and Amusements

Any person who violates any provision of section 53-05-02 or 53-05-03 is guilty of a class B misdemeanor.

Repealed by S.L. 1975, ch. 106, § 673.

Repealed by S.L. 1973, ch. 402, § 1.

In this chapter, unless the context or subject matter otherwise requires: 1. "Charge" means the amount of money asked in return for an invitation to enter or go upon the land. "Charge" does not include vehicle, parking, shelter, or other similar fees required by any public entity…

1. Subject to the provisions of section 53-08-05, an owner of land owes no duty of care to keep the premises safe for entry or use by others for recreational purposes, regardless of the location and nature of the recreational purposes and whether the entry or use by others is for…

Subject to the provisions of section 53-08-05, an owner of land who either directly or indirectly invites or permits without charge any person to use such property for recreational purposes does not thereby: 1. Extend any assurance that the premises are safe for any purpose; 2. C…

Unless otherwise agreed in writing, an owner of land leased to the state or its political subdivisions for recreational purposes owes no duty of care to keep that land safe for entry or use by others or to give warning to persons entering or going upon such land of any hazardous …

This chapter does not limit in any way any liability that otherwise exists for: 1. Willful and malicious failure to guard or warn against a dangerous condition, use, structure, or activity; or 2. Injury suffered in any case in which the owner of land: a. Charges the person for en…

Nothing in this chapter may be construed as creating a duty of care or grounds of liability for injury to person or property. Nothing herein limits in any way the obligation of a person entering upon or using the land of another for recreational purposes to exercise due care in t…

The legislative assembly finds that the sport of skiing is practiced in this state by a growing number of North Dakota citizens and nonresidents. Since it is recognized that there are inherent risks in the sport of skiing which should be understood by each skier and which are ess…

The following words and phrases when used in this chapter have, unless the context clearly indicates otherwise, the meaning given to them in this section: 1. "Aerial passenger tramway" means any device operated by a ski area operator used to transport passengers, by single or dou…

Every ski operator shall have the following duties with respect to its operation of a skiing area: 1. To mark all trail maintenance vehicles and to furnish such vehicles with flashing or rotating lights which must be in operation whenever the vehicles are working or are in moveme…

Every ski area operator shall have the duty to construct, operate, maintain, and repair any aerial passenger tramway in a safe and responsible manner.

Every passenger shall have the duty not to: 1. Board or embark upon or disembark from an aerial passenger tramway except at an area designated for such purpose. 2. Intentionally drop, throw, or expel any object from an aerial passenger tramway. 3. Do any act which interferes with…

It is recognized that skiing as a recreational sport is hazardous to skiers, regardless of all feasible safety measures which can be taken. Each skier expressly assumes the risk of and legal responsibility for any injury to person or property which results from participation in t…

Any ski area operator is liable for loss or damages caused by its failure to follow the duties set forth in sections 53-09-03 and 53-09-04 when the violation of duty is causally related to loss or damage suffered. A ski area operator is not liable to any passenger or skier acting…

Any passenger is liable for loss or damages resulting from violation of the duties set forth in section 53-09-05 and shall not be able to recover from the ski area operator for any losses or damages when a violation of the duties set forth in section 53-09-05 is causally related …

Any skier is liable for loss or damages resulting from violation of the duties set forth in section 53-09-06 and shall not be able to recover from the ski area operator for losses or damages when the violation of the skier's duty is causally related to the loss or damage suffered…

Notwithstanding section 32-03.2-02, any person is, consistent with the provisions of this chapter, barred from recovery for loss or damage resulting from a risk inherent in the sport of skiing and likewise is so barred when it is established that a person has knowingly exposed on…

Before any owner or operator may claim any provision of this chapter as a defense to any claim or action brought against the owner or operator, the owner or operator shall establish that the owner or operator has conspicuously placed on the premises a warning as follows: WARNING …

In this chapter, unless the context or subject matter otherwise requires: 1. "Engages in an equine activity" means a person who rides, trains, drives, or is a passenger upon an equine, whether mounted or unmounted, and does not mean a spectator in equine activity or a person who …

1. Except as provided in subsection 2, an equine activity sponsor or an equine professional is not liable for an injury to or the death of a participant engaged in an equine activity, and, except as provided in subsection 2, no participant or participant's representative may main…

As used in this chapter, unless the context otherwise requires: 1. "Prize" means an item or service of value that is offered or awarded to a participant in a real or purported contest, competition, sweepstakes, puzzle, drawing, scheme, plan, or other selection process. 2. "Retail…

1. A sponsor may not require a person to pay the sponsor money as a condition of awarding the person a prize, or as a condition of allowing the person to receive, use, compete for, or obtain information about a prize. A sponsor may not use a solicitation that creates the reasonab…

No later than thirty days after making the representation, a sponsor who represents to a person that the person has been awarded a prize shall provide the person with the prize, or with a voucher, certificate, or other document giving the person the unconditional right to receive…

1. This chapter does not create liability for acts by the publisher, owner, agent, or employee of an advertising agency, a newspaper, periodical, radio station, television station, cable television system, or other advertising medium arising out of the publication or disseminatio…

1. A violation of this chapter is an unlawful practice in violation of section 51-15-02 and is subject to applicable provisions of chapter 51-15. 2. A person who intentionally violates this chapter is guilty of a class C felony. It is evidence of intent if the violation occurs af…

In this chapter, unless the context otherwise requires: 1. "Agritourism activity" means any activity, including farming and ranching activities, or any historic, cultural, or natural attraction, that is viewed or enjoyed by members of the general public, for educational, recreati…

1. A person may become a registered agritourism operator by registering with the division of tourism. 2. The registration must include a description of the agritourism activity that the person provides or intends to provide. 3. The division of tourism may not impose any fees or o…

The division of tourism shall: 1. Maintain a list of all registered agritourism operators; and 2. Maintain a list of all registered agritourism activities.

A registered agritourism operator shall post in a conspicuous location on the premises and include in each written contract pertaining to an individual's participation in agritourism a notice indicating that under the laws of this state, the registered agritourism operator is not…

Except as otherwise provided, a participant assumes all inherent risks of agritourism. In any action for damages arising from an individual's participation in agritourism, a registered agritourism operator may plead assumption of risk by the participant as an affirmative defense.

This chapter does not prevent or limit the liability of a registered agritourism operator if the operator: 1. Injures a participant willfully or through conduct that amounts to gross negligence; or 2. a. Has actual knowledge of or should have known of: (1) A dangerous condition o…

1. "Amusement concession" means any place where a single amusement game or device, or bingo, is conducted by a person for profit, and includes the area within which are confined the equipment, playing area, and other personal property necessary for the conduct of the game. 2. "Am…

Fair boards may conduct or authorize a person to conduct amusement games or devices or bingo under the conditions of this chapter. Notwithstanding any other provisions of this chapter, fair boards may use the net proceeds of such amusement games or devices or bingo or may use the…

A fair board shall apply for a license to conduct amusement games or devices or bingo from the attorney general at least thirty days before the operation of such games. Application must be made upon forms prescribed by the attorney general along with the submission of a fifty dol…

An amusement game or device or bingo is lawful when conducted by a person at an amusement concession, but only if all of the following are complied with: 1. The location where the game is conducted by the person has been authorized as provided in section 53-04.1-05. 2. The person…

An amusement game or device or bingo may be lawfully conducted by a person at an amusement concession provided the person has written authorization from the sponsor of the fair to conduct the amusement game or device or bingo.

The licensing authority and its agents, and representatives of the governing body of a city or county with respect to a fair board authorized by that governing body, shall have the power to examine or cause to be examined the books and records of any fair board licensed or author…

The licensing authority may adopt rules in accordance with chapter 28-32 relating to, but not limited to, methods of play, conduct, and promotion of amusement games or devices or bingo; methods, procedures, and minimum standards for accounting and recordkeeping; requiring reports…

As used in this chapter, "amusement ride" means any mechanical device that carries or conveys passengers along, around, or over a fixed or restricted route or course or within a defined area for the purpose of giving its passengers amusement, pleasure, or excitement. The term doe…

No person may operate an amusement ride unless that person has filed with the governing body of the city or county where that person is intending to operate the amusement ride an affidavit that the ride has been inspected by a qualified inspector of an insurance underwriter and t…

The owner or operator of an amusement ride shall retain at all times up-to-date maintenance and inspection records for the amusement ride and, upon request, provide those records to the governing body of the city or county in which the person is intending to operate the amusement…

A person may not operate an amusement ride unless that person is at least sixteen years of age. An operator must be in attendance at all times that an amusement ride is in operation.

A person who violates this chapter is guilty of a class A misdemeanor. The governing body of a city or county may seek an injunction against a person operating an amusement ride in violation of this chapter.

As used in this chapter: 1. "Adjusted gross proceeds" means gross proceeds less cash prizes, cost of merchandise prizes, gaming tax, and federal excise tax imposed under section 4401 of the Internal Revenue Code [26 U.S.C. 4401]. 2. "Alcoholic beverage establishment" means an est…

1. The state gaming commission consists of the chairman and four other members appointed by the governor, with the consent of the senate. The members serve three-year terms and until a successor is appointed and qualified. If the senate is not in session when the term of a member…

Repealed by S.L. 1997, ch. 428, § 21.

Repealed by S.L. 1995, ch. 484, § 35. 53-06.1-03. Permits, site authorization, and licenses - Organization requirements - Site inspection. 1. Except as authorized by the attorney general, an organization that has its license suspended or revoked, or has relinquished or not renewe…

Repealed by S.L. 1997, ch. 428, § 21.