Title 53, Sports and Amusements

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…

The division of tourism shall provide a copy of the applicable law to each person that registers or reregisters as an agritourism operator.

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…

Any person who knowingly makes a false statement in any application for a license or authorizing resolution or in any statement annexed thereto, or who fails to keep sufficient books and records to substantiate the receipts, expenses, or uses resulting from amusement games or dev…

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…

1. Except as authorized by the attorney general, an organization that has its license suspended or revoked, or has relinquished or not renewed its license and not disbursed its net proceeds, is ineligible for a license or permit. Only one of two or more closely related organizati…

Disapproved by R.M. December 5, 1989, S.L. 1991, ch. 744.

1. No person, except a member, volunteer, an employee of a licensed organization or an organization that has a permit, or an employee of a temporary employment agency who provides services to a licensed organization, may manage, control, or conduct any game. "Member" includes a m…

Poker may be conducted on not more than two occasions per year. An organization may supply the dealer. The maximum single bet is one dollar. Not more than three raises, of not more than one dollar each, may be made among all the players in each round of bets. For nontournament ac…

A calcutta may only be conducted for a professional or amateur sporting event held in this state but not for elementary, secondary, or postsecondary education sports events. Only one wager per competitor may be allowed in a calcutta pool. The amount of prizes may not exceed ninet…

A paddlewheel is a mechanical vertical wheel marked off into equally spaced sections that contain numbers or symbols, and which after being spun, uses a pointer to indicate the winning number or symbol. The maximum price per paddlewheel ticket or chip is two dollars. A table and …

Unless all top tier winning pull tabs or punchboard punches of a game have been redeemed, or unless otherwise permitted by a gaming rule or the attorney general, a person or organization may not close the game after it has been placed in play. The maximum sales price per pull tab…

An electronic pull tab device must display an electronic pull tab in which the player may win credits that can be redeemed for cash or used to purchase more pull tabs. The device may not directly dispense coins, cash, tokens, or anything else of value other than a credit ticket v…

A sports pool must be for a professional sport only. The maximum wager is twenty-five dollars. The amount of prizes may not exceed ninety percent of the gross proceeds.

The organization shall provide playing chips of various denominations to players although the organization may use a metal coin rather than a fifty-cent chip. The organization may set the minimum limit for the original wager at not more than three dollars on one active table. If …

1. A prize for a raffle may be cash or merchandise but may not be real estate. No single cash prize may exceed twenty-five thousand dollars and the total cash prizes in one day may not exceed twenty-five thousand dollars. However, on not more than two occasions per year a license…

1. Electronic quick shot bingo is a bingo game played on portable hand-held bingo devices utilizing electronic bingo card images. The maximum sales price per electronic bingo card is five dollars. The bingo game is played using twenty-four predrawn letters and numbers and may use…

1. All money received from games must be accounted for according to the gaming rules. Gaming activity for a quarter must be reported on a tax return form prescribed by the attorney general. Unless otherwise authorized by the attorney general, the purchase price of a merchandise p…

1. Except as provided in subdivision c of subsection 1 of section 53-06.1-03: a. A licensed organization or an organization that has a permit may not use money from any source for placing an initiated or referred measure on a ballot or for a political campaign to promote or oppos…

1. There is created in the state treasury the charitable gaming operating fund. The fund consists of all gaming taxes, monetary fines, and interest and penalties collected under this chapter. 2. Excluding moneys in the charitable gaming operating fund appropriated by the legislat…

1. Except as provided in subsection 2, a gaming tax is imposed on the total adjusted gross proceeds received by a licensed organization in a quarter and the tax must be computed and paid to the attorney general on a quarterly basis on the tax return. This tax must be paid from ad…

1. Assessment of interest. If a licensed organization does not pay tax due by the original date of a tax return, or if additional tax is due based on an audit or math verification of the return and it is not paid by the original due date of the return, the organization shall pay …

There is created in the state treasury a special fund known as the charitable gaming technology fund. The fund consists of all moneys deposited in the fund pursuant to this chapter. Moneys in the fund are appropriated to the attorney general on a continuing basis and may be used …

1. A manufacturer of pull tabs, bingo cards, electronic quick shot bingo systems and devices, or bingo card marking devices shall apply annually for a license and pay a license fee of five thousand five hundred dollars. A manufacturer of electronic pull tab systems and devices sh…

The attorney general may: 1. Inspect all sites in which gaming is conducted or inspect all premises where gaming equipment is manufactured or distributed. The attorney general may require a licensed manufacturer to reimburse the attorney general for the reasonable actual cost of …

1. Except as otherwise provided by this chapter, a person who knowingly makes a false statement on a request for record check form or in any application for a permit, or license, or in any accompanying statement, knowingly signs a false record or report, or who fails to maintain …

As used in this chapter: 1. "Breeders' fund" means a fund, administered by the commission, established to financially reward breeders or owners of North Dakota-bred horses to be paid in accordance with rules as approved by the commission. 2. "Certificate system" means the system …

1. A North Dakota racing commission is established consisting of the chairman and four other members appointed by the governor. One of the members must be appointed from a list of four nominees, one of whom is nominated by the state chapter or affiliate of the American quarter ho…

1. The commission shall appoint an executive director of racing. The commission shall establish the executive director's qualifications and salary. 2. The executive director shall devote such time to the duties of the office as the commission may prescribe. The executive director…

The commission shall: 1. Provide for racing under the certificate system. 2. Set racing dates. 3. Adopt rules for effectively preventing the use of any substance, compound items, or combinations of any medicine, narcotic, stimulant, depressant, or anesthetic which could alter the…