Title 53, Sports and Amusements

As used in this chapter, "mixed fighting style competition" means an advertised or professionally promoted exhibition or contest for which any type of admission fee is charged and in which participants who inflict or employ kicks, punches, blows, holds, and other techniques to in…

The secretary of state shall act as state commissioner of combative sports and administer this chapter. The secretary of state may appoint a commission of combative sports to assist and advise the secretary of state in matters relating to the regulation of boxing, kickboxing, mix…

The secretary of state may not promote, directly or indirectly, any boxing, kickboxing, mixed fighting style competition, or sparring exhibition, engage in the managing of any boxer, kickboxer, or mixed style fighter, or be interested in any manner in the proceeds from any boxing…

The secretary of state shall supervise all boxing, kickboxing, mixed fighting style competitions, or sparring exhibitions held in the state and may: 1. Adopt rules governing the conduct of boxing, kickboxing, mixed fighting style competitions, and sparring exhibitions. 2. Establi…

All fees collected by the secretary of state pursuant to this chapter must be deposited in a special fund maintained in the state treasury. All money deposited in the fund is appropriated as a continuing appropriation to the secretary of state for administering this chapter and f…

Boxing, kickboxing, or sparring exhibitions may not be held in cities in which such contests or exhibitions are declared illegal by ordinance. All boxing, kickboxing, mixed fighting style competitions, or sparring exhibitions held in any city in this state must be held in conform…

All boxing or sparring exhibitions conducted by bona fide educational institutions or by national amateur boxing associations or their local affiliates are exempt from this chapter.

A person who violates this chapter or any rule adopted by the secretary of state is guilty of a class B misdemeanor.

In this chapter, unless the context or subject matter otherwise requires: 1. "Music festival" means a musical performance by one or more groups held out of doors with the audience being present primarily for the purpose of listening to music. 2. "Person" means a natural person, f…

The sheriff in any county in which any public dance, music festival, or public concert is held outside of an incorporated city, and the chief peace officer of the city where the dance, music festival, or public concert is held within the limits of a city, may police the dance, mu…

Except as otherwise may be provided, any person violating any provision of this chapter is guilty of a class B misdemeanor.

In this chapter, unless the context or subject matter otherwise requires: 1. "Carnival" means an aggregation of attractions including any show, circus, act, game, vending device, or amusement device, whether conducted under one management or more, or independently, temporarily se…

No person may set up, run, operate, or conduct within this state any itinerant carnival except within the limits of an incorporated municipality, or within the limits or upon the grounds of a state or county fair association, and then only when such person shall have procured and…

A permit to conduct a carnival must be granted upon the condition, and the contract must state, that there may not be: 1. Set up or operated any gambling device, lottery, number or paddlewheel, number board, punchboard, or other game of chance or skin game of any kind, except as …

No governing body or fair board may grant a permit to operate a carnival until it shall have investigated the same and shall have become satisfied that, if a permit is granted, it will be operated according to law, and that none of the illicit or unlawful acts mentioned in the co…

If a governing body or fair board determines that an application for a permit should be granted, it shall: 1. Enter into a contract such as is prescribed by section 53-03-02; 2. Issue a permit to operate a carnival; 3. Collect such permit fees as are necessary to pay the expenses…

The governing body or fair board shall enforce the provisions of the carnival contract, of this chapter, and of any ordinances of the municipality regulating carnivals. Each permit must contain a provision that sheriffs and police officers shall have free access to the grounds an…

The contract and permit authorized by this chapter must be made in duplicate. One must be in the possession of the governing body or fair board and the other in the possession of the manager of such carnival, and in either case, upon request of an officer or citizen, must be prod…

Any person who violates any of the provisions of this chapter is guilty of a class B misdemeanor.

In this chapter, unless the context or subject matter otherwise requires: 1. "Amusement games or devices" includes such coin-operated games and devices as electric ray guns, music boxes, picture boxes, bumper-ball or pinball, and other similar coin-operated miniature games or dev…

A person may not operate, lease, or distribute an amusement game or device without first having obtained an annual license. Licenses are of two types. An operator's license entitles the licensee to operate, lease, or distribute machines at locations not owned or managed by the li…

The attorney general shall administer and enforce the provisions of this chapter and may adopt rules as deemed necessary and expedient. The attorney general may confiscate all machines and devices that are not covered by an appropriate license or are machines primarily designed f…

All money collected under the provisions of this chapter for licenses on amusement devices must be remitted to the state treasurer and must be credited to the general fund of the state.

Any person engaged in the operating or displaying to the public of any amusement device, whether one or more, in violation of any of the provisions of this chapter is guilty of a class B misdemeanor.

In this chapter, unless the context or subject matter otherwise requires: 1. "Fair" means any fair or exposition. 2. "Person" means any natural person, copartnership, association, corporation, or limited liability company.

A person may not conduct any circus or carnival in any city, or within a radius of thirty miles [48.28 kilometers] of any city, within this state, at or near which any state, county, or district fair association operates an agricultural and livestock exposition or fair, within a …

Every person managing, promoting, or producing any public exhibition, show, circus, carnival, auto race, motorcycle race, auto polo game, airplane exhibition, ferris wheel, merry-go-round, seaplane, caterpillar, or similar exhibition other than a horse race, rodeo, bicycle race, …

In any action or proceeding upon a claim arising out of conduct regulated by this chapter, service of process may be made upon the secretary of state. When served with process, such official, if possible, immediately shall ascertain the post-office address of such person and shal…

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

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…