N.D. Cent. Code § 53-13-05 — ND Code / Title 53 / Chapter 53-13 / Section 53-13-05
53-13-05. Participant in agritourism activity - Assumption of risk
Status: in_force

53-13-05. Participant in agritourism activity - Assumption of risk

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.
N.D. Cent. Code § 53-04.1-02 — ND Code / Title 53 / Chapter 53-04.1 / Section 53-04.1-02
53-04.1-02. Organizations eligible
Status: in_force

53-04.1-02. Organizations eligible

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 rent as defined in this chapter to directly benefit the fair board. It is the finding of the

legislative assembly that it is in the public interest to preserve agricultural fairs and expositions.
N.D. Cent. Code § 53-06.1-15.1 — ND Code / Title 53 / Chapter 53-06.1 / Section 53-06.1-15.1
53-06.1-15.1. Authority of the attorney general
Status: in_force

53-06.1-15.1. Authority of the attorney general

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

transportation, lodging, meals, and incidental expenses incurred in inspecting the

manufacturer's facility.

2. Inspect all gaming equipment and supplies.

3. Seize, remove, or impound any gaming equipment, supplies, games, or books and

records for the purpose of examination and inspection.

4. Demand access to and inspect, examine, photocopy, and audit all books and records

of applicants, organizations, lessors, manufacturers, distributors, and affiliated

companies concerning any income, expense, or use of net proceeds, and determine

compliance with this chapter or gaming rules.

5. Permit the commissioner or proper representative of the internal revenue service of

the United States to inspect a tax return or furnish a copy of the tax return, or

information concerning any item contained in the return, or disclosed by any audit or

investigation report of the gaming activity of any organization or player, or

recordkeeping information. However, information cannot be disclosed to the extent that

the attorney general determines that the disclosure would identify a confidential

informant or seriously impair any civil or criminal investigation. Except when directed

by judicial order, or for pursuing civil or criminal charges regarding a violation of this

chapter or a gaming rule, or as is provided by law, the attorney general may not

divulge nor make known, to any person, any income or expense item contained in any

tax return or disclosed by an audit or investigative report of any taxpayer provided to

the attorney general by the internal revenue service.

6. Require a representative of a licensed organization or distributor to participate in

training or for good cause prohibit the person from being involved in gaming as an

employee or volunteer. The attorney general may for good cause prohibit a person

from providing personal or business services to an organization or distributor.

7. Prohibit a person from playing games if the person violates this chapter, chapter

12.1-28 or 53-06.2, or a gaming rule.

8. Require or authorize an organization to pay or prohibit an organization from paying a

bingo, electronic quick shot bingo, or raffle prize to a player on a dispute or based on a

factual determination or a hearing by the attorney general.

9. Based on reasonable ground or written complaint, suspend, deny, or revoke an

organization's permit or an organization's, distributor's, or manufacturer's application or

license for violation, by the organization, distributor, or manufacturer or any officer,

director, agent, member, or employee of the organization, distributor, or manufacturer,

of this chapter or any gaming rule.

10. Impose a monetary fine on a licensed organization, organization that has a permit,

distributor, manufacturer, owner of an authorized site, or third-party business operating

gaming and working as an agent of the charity for failure to comply with this chapter or

any gaming rule. This fine may be in addition to or in lieu of a license suspension or

revocation. The monetary fine for each violation by:

a. An organization is a minimum of twenty-five dollars and may not exceed two

percent of the organization's average quarterly gross proceeds, or five thousand

dollars, whichever is greater.

b. A distributor is a minimum of one hundred dollars and may not exceed five

thousand dollars.

c. A manufacturer is a minimum of five hundred dollars and may not exceed two

hundred fifty thousand dollars.

d. An owner of an authorized site is a minimum of two hundred fifty dollars and may

not exceed two thousand five hundred dollars.

11. At any time within three years after any amount of fees, monetary fine, interest,

penalty, or tax required to be paid pursuant to this chapter becomes due, bring a civil

action to collect the amount due. However, if for any reason there is a change in

adjusted gross proceeds or tax liability by an amount which is in excess of twenty-five

percent of the amount of adjusted gross proceeds or tax liability originally reported on

the tax return, any additional tax determined to be due may be assessed within six

years after the due date of the tax return, or six years after the tax return was filed,

whichever period expires later. An action may be brought although the person owing

the fees or tax is not presently licensed.

12. Institute an action in any district court for declaratory or injunctive relief against a

person, whether or not the person is a gaming licensee, as the attorney general

deems necessary to prevent noncompliance with this chapter or gaming rules.

13. For good cause, require a licensed organization to use the attorney general's

recordkeeping system for any or all games.
N.D. Cent. Code § 53-04.1-01 — ND Code / Title 53 / Chapter 53-04.1 / Section 53-04.1-01
53-04.1-01. Definitions
Status: in_force

53-04.1-01. Definitions

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. "Amusement games or devices" means such games and devices as electric ray guns,

music boxes, picture boxes, bumper-ball, or pinball, and other similar miniature games

or devices, whether or not they show a score, if a charge for playing or operating is

collected, but do not include any machine which may constitute a lottery under the

laws of this state. "Amusement games or devices" also means a game, contest,

scheme, or device in which a person stakes or risks something of value for an

opportunity to win something of value and in which the outcome depends in a material

degree upon an element of chance, notwithstanding a person's skill may also be a

factor.

3. "Bingo" means that game in which each participant receives one or more cards, each

of which is marked off into twenty-five squares and five horizontal rows of five squares

each and five vertical rows of five squares each. Each square is designated by

number, letter, or combination of numbers and letters, no two cards being identical.

The players cover squares as the operator of such game announces the number,

letter, or combination of numbers and letters appearing on an object selected by

chance, either manually or mechanically, from a receptacle in which have been placed

objects bearing numbers, letters, or combination of numbers and letters corresponding

to the system used for designating the squares. The winner of each game is the player

or players first properly covering a predetermined and announced pattern of squares

on a card being used by the player or players.

4. "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 set up or conducted in a public place or upon any

private premises accessible to the public with or without admission fee, which, from

the nature of the aggregation, attracts attendance and causes promiscuous

commingling of persons in the spirit of merrymaking and revelry.

5. "Conducts" means a specified activity which occurs when a person owns, promotes,

sponsors, or operates a game or activity. A natural person does not conduct a game or

activity if the person is a participant in a game or activity which complies with this

chapter.

6. "Fair" means an annual fair or exposition held by the North Dakota state fair board or

any county fair board.

7. "Fair board" means the officers of any state or county fair association, or the agents of

any such board, duly authorized to make any contract or issue any permit as provided

in this chapter.

8. "Gross proceeds" means the total revenue received as rent for the privilege of

conducting amusement games or devices or bingo.

9. "Licensee" means an eligible organization licensed under the provisions of this

chapter.

10. "Licensing authority" means the attorney general of the state of North Dakota.

11. "Net proceeds" means gross proceeds less cash prizes or the price of merchandise

prizes.

12. "Person" means any natural person, firm, partnership, corporation, or limited liability

company.

13. "Posted" means that the person conducting a game has caused to be placed near the

front or playing area of the game a sign at least thirty inches by thirty inches [76.2

centimeters by 76.2 centimeters], with permanent material and lettering stating, at the

top in letters at least three inches [7.62 centimeters] high, "Rules of the Game".

Thereunder, in large, easily readable print, the name of the game, the price to play the

game, the complete rules for the game, and the name and permanent mailing address

of the owner of the game must be stated.

14. "Raffle" means a lottery in which each participant buys a ticket for a chance at a prize

with the winner determined by a random method. "Raffle" does not include a slot

machine.

15. "Rent" means the amount paid by a person or organization for the use of space to

conduct amusement games or devices or bingo.
N.D. Cent. Code § 53-12.1-01 — ND Code / Title 53 / Chapter 53-12.1 / Section 53-12.1-01
53-12.1-01. Definitions
Status: in_force

53-12.1-01. Definitions

As used in this chapter:

1. "Director" means the director of the lottery.

2. "Lottery" means the division of the attorney general's office created to operate a lottery.

3. "Online lottery" means a game linked to a central computer via a telecommunications

network in which the player selects or is assigned a number or symbol or group of

numbers or symbols out of a predetermined range of numbers or symbols and a

winning ticket is determined by chance.

4. "Retailer" means a person the lottery has licensed to sell or redeem a ticket.

5. "Ticket" means an original and acceptable tangible evidence of play prescribed by the

lottery and produced by a lottery terminal or a properly and validly registered online

play to prove participation in a draw of a game for a chance to win a prize.
N.D. Cent. Code § 53-12.1-13 — ND Code / Title 53 / Chapter 53-12.1 / Section 53-12.1-13
53-12.1-13. Rules
Status: in_force

53-12.1-13. Rules

The attorney general shall adopt rules governing the operation of the lottery. The attorney

general may adopt emergency rules as necessary without the grounds otherwise required under

section 28-32-03. The attorney general shall adopt rules to address any matters necessary for

the efficient operation of the lottery or convenience of the public, including:

1. Type of retailer where a ticket may be sold;

2. Qualification for selecting a retailer and amount of application and license fees;

3. Licensing procedure;

4. Method used to sell a ticket, including a gift certificate and online play;

5. Financial responsibility of a retailer;

6. Retailer promotions;

7. Amount and method of commission to be paid to a retailer, including a special bonus

or incentive;

8. Deadline for claiming a prize by the owner of a winning ticket, however, the deadline

may not exceed one year;

9. Manner of paying a prize to the owner of a winning ticket; and

10. Setoff of a prize.
N.D. Cent. Code § 53-03-03 — ND Code / Title 53 / Chapter 53-03 / Section 53-03-03
53-03-03. Permit required - Terms upon which granted
Status: in_force

53-03-03. Permit required - Terms upon which granted

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

otherwise permitted by law; or

2. Any lewd, lascivious, or indecent show, indecent exposure of the person, suggested

lewdness or immorality, any indecent dance where persons perform, or any other lewd,

immoral, or indecent show or attraction.
N.D. Cent. Code § 53-12.1-08 — ND Code / Title 53 / Chapter 53-12.1 / Section 53-12.1-08
53-12.1-08. Purchase of ticket or payment of prize to certain individuals prohibited - Price of a ticket - Sale by retailer only - Second chance drawings - Prize paid to owner of a winning ticket - Prize subject to taxation - Discharge of liability - Penalty
Status: in_force

53-12.1-08. Purchase of ticket or payment of prize to certain individuals prohibited -

Price of a ticket - Sale by retailer only - Second chance drawings - Prize paid to owner of

a winning ticket - Prize subject to taxation - Discharge of liability - Penalty.

1. A North Dakota lottery ticket may not be bought by or otherwise provided to, and a

prize may not be paid to, the following individuals or to a parent, stepparent, child,

stepchild, spouse, or sibling who is a regular member of the same household of the

following individuals:

a. A member of the lottery advisory commission or employee of the lottery, unless

authorized in writing by the director; or

b. An officer or employee of the lottery's gaming system vendor.

2. An individual who knowingly violates subsection 1 is guilty of a class B misdemeanor

on the first offense and a class A misdemeanor on a subsequent offense.

3. A retailer or employee of a retailer may buy a ticket and be paid a prize for a winning

ticket.

4. Only a retailer may sell a ticket. A retailer may sell a ticket only at the site stated on the

license or at a temporary site for a special event authorized by the lottery. A retailer

may not sell a ticket at a price greater than the price set by the lottery rules. A person

convicted of violating this subsection is guilty of a class A misdemeanor on the first

offense and a class C felony on a subsequent offense.

5. A retailer may conduct a second chance drawing of entry forms or tickets to promote

the sale of a ticket at that site provided that an individual is not required to purchase a

ticket to participate.

6. No ticket may be sold or given to a minor. A retailer, employee of a retailer, or any

other person who knowingly violates this subsection is guilty of a class B misdemeanor

on the first offense and a class A misdemeanor on a subsequent offense.

7. The prize to be paid or awarded for a winning ticket must be paid to the individual who

the director determines is the owner of the ticket. However, the prize of a deceased

winning player must be paid to the lawful representative of the estate. A prize may not

be paid on a winning ticket that has been purchased by use of a stolen lottery gift

certificate or acquired illegally.

8. If an individual steals a ticket or lottery gift certificate from a retailer, the individual is

guilty of a class A misdemeanor. However, if the total value of the tickets or gift

certificates stolen exceeds five hundred dollars, the offense is a class C felony.

9. A prize awarded is subject to state and federal income tax laws and rules.

10. An individual who, with intent to defraud, falsely makes, alters, forges, passes, or

counterfeits a ticket or gift certificate issued by the lottery, regardless of the amount

gained, is guilty of a class C felony.

11. The state, members of the lottery advisory commission, and employees of the lottery

are discharged of all further liability upon payment of a prize.
N.D. Cent. Code § 53-08-05 — ND Code / Title 53 / Chapter 53-08 / Section 53-08-05
53-08-05. Failure to warn against dangerous conditions - Charge to enter
Status: in_force

53-08-05. Failure to warn against dangerous conditions - Charge to enter

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 entry onto the land other than the amount, if any, paid to

the owner of the land by the state; and

b. The total charges collected by the owner in the previous calendar year for all

recreational use of land under the control of the owner are more than:

(1) Twice the total amount of property taxes imposed on the land for the

previous calendar year; or

(2) In the case of agricultural land, four times the total amount of property taxes

imposed on the land for the previous calendar year.
N.D. Cent. Code § 53-09-04 — ND Code / Title 53 / Chapter 53-09 / Section 53-09-04
53-09-04. Duties of ski area operators with respect to aerial passenger tramways
Status: in_force

53-09-04. Duties of ski area operators with respect to aerial passenger tramways

Every ski area operator shall have the duty to construct, operate, maintain, and repair any

aerial passenger tramway in a safe and responsible manner.
N.D. Cent. Code § 53-06.1-02 — ND Code / Title 53 / Chapter 53-06.1 / Section 53-06.1-02
53-06.1-02. Organizations eligible - Use of net proceeds
Status: repealed

53-06.1-02. Organizations eligible - Use of net proceeds

Repealed by S.L. 1997, ch. 428, § 21.
N.D. Cent. Code § 53-02-12 — ND Code / Title 53 / Chapter 53-02 / Section 53-02-12
53-02-12. Dancing prohibited on premises adjacent to premises where liquor sold - Penalty
Status: repealed

53-02-12. Dancing prohibited on premises adjacent to premises where liquor sold -

Penalty.

Repealed by S.L. 1963, ch. 342, § 1.
N.D. Cent. Code § 53-05-02 — ND Code / Title 53 / Chapter 53-05 / Section 53-05-02
53-05-02. Carnivals - When prohibited - Exceptions
Status: in_force

53-05-02. Carnivals - When prohibited - Exceptions

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 period of thirty days

next preceding the date advertised and set for such exposition or fair, nor during the time of

holding the same unless:

1. The officials of such fair or exposition consent to the holding thereof;

2. Such circus or carnival is held in conjunction with such fair or exposition or some other

civic-sponsored festival or outdoor event; or

3. The circus or carnival is held outside the boundaries of the county in which the fair or

exposition is held.

Nothing in this section exempts such circus or carnival from obtaining a proper license or permit,

as provided by law, for the holding thereof.
N.D. Cent. Code § 53-04-01 — ND Code / Title 53 / Chapter 53-04 / Section 53-04-01
53-04-01. Definitions
Status: in_force

53-04-01. Definitions

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 devices, whether or not they show a score, but does

not apply to any machine which may constitute a lottery under the laws of this state.

2. "Person" includes any partnership, corporation, or limited liability company.
N.D. Cent. Code § 53-06.1-03 — ND Code / Title 53 / Chapter 53-06.1 / Section 53-06.1-03
53-06.1-03. Permits, site authorization, and licenses - Organization requirements - Site inspection
Status: in_force

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 renewed its license and not

disbursed its net proceeds, is ineligible for a license or permit. Only one of two or more

closely related organizations may have a license or permit at one time. A college or

university fraternity, sorority, or club is not closely related to an educational

organization. An organization shall apply for a permit as follows:

a. An organization recognized as a public-spirited organization by the governing

body of a city or county may apply for permits. A local permit may allow the

organization to conduct only raffles, bingo, or sports pools. A restricted event

permit may allow the organization to conduct only raffles, bingo, sports pools,

paddlewheels, twenty-one, and poker. The organization or closely related

organizations as a whole may only award a primary prize that does not exceed

fifteen thousand dollars and total prizes of all games do not exceed fifty thousand

dollars per year. These maximum prize amounts do not apply to raffles conducted

under chapter 20.1-08. The determination of what is a "public-spirited

organization" is within the sole discretion of the governing body. An organization

shall disclose on the application its intended use of the net income from the

gaming activity. A governing body may issue a permit for games to be held at

designated times and places.

b. An organization shall apply to the governing body of the city or county in which

the proposed site is located. Application must be made on a form prescribed by

the attorney general. Approval may be granted at the discretion of the governing

body. A governing body may establish a fee not to exceed twenty-five dollars for

each permit. A permit must be on a fiscal year basis from July first to June

thirtieth or on a calendar-year basis.

c. An organization that has a local permit or a restricted event permit may use the

net income from the gaming activity for any purpose that does not violate this

chapter or gaming rules, unless the organization is a state political party or

legislative district party committee, the organization may use the net income from

a raffle for a political purpose. For purposes of this subdivision, a public-spirited

use includes a political purpose.

d. An organization that has a restricted event permit is restricted to one event per

year and:

(1) May not pay remuneration to employees for personal services;

(2) Shall use chips as wagers;

(3) Shall redeem a player's chips for merchandise prizes or cash;

(4) Shall disburse net income to eligible uses referenced in subdivision c, if

applicable, and in section 53-06.1-11.1; and

(5) Shall file a report prescribed by the attorney general with the governing body

and attorney general.

2. An eligible organization shall apply for a license to conduct only bingo, electronic quick

shot bingo, raffles, calcuttas, pull tabs, punchboards, twenty-one, paddlewheels,

poker, or sports pools by:

a. First securing approval for a site authorization from the governing body of the city

or county in which the proposed site is located. The approved authorization must

be recorded on a site authorization form that is to accompany the license

application to the attorney general for final approval. An eligible organization may

request a specific site location on the site authorization form.

(1) A governing body may deny a site authorization only in accordance with an

ordinance or written policy adopted or amended following public comment.

Under the ordinance or policy, the governing body:

(a) May not require an eligible organization to donate net proceeds to the

city, county, or related political subdivision or for community programs

or services within the city or county as a condition for receiving a site

authorization from the city or county;

(b) May not deny a site authorization solely because the eligible

organization has not conducted gaming at the site;

(c) May not require that an eligible organization be located at a specific

site or require a site to enter a lease with a specific organization as a

condition of site authorization;

(d) May require a signed agreement between an eligible organization and

a site owner before approving a site authorization. The agreement

must be contingent on securing approval for the site authorization

from the governing body of the city or county;

(e) May limit the type of games, the number of electronic pull tab devices

or tables for the game of twenty-one per site, the number of sites the

governing body may approve per licensed organization, and the

number of sites upon which a licensed organization may conduct

games within the city or county;

(f) May establish qualifications for an eligible organization to receive a

site authorization; and

(g) May charge a one hundred dollar fee for a site authorization.

(2) This subsection may not be construed to prohibit a governing body from:

(a) Creating and enforcing rules that are more stringent than state law

regarding charitable gaming as otherwise permitted in code; or

(b) Denying a site authorization for just cause, including, after

consultation with the attorney general, a violation of state law or local

rules.

b. Annually applying for a license from the attorney general before July first on a

form prescribed by the attorney general and remitting a one hundred seventy-five

dollar license fee for each city or county that approves a site authorization. The

attorney general shall deposit twenty-five dollars of this fee into the charitable

gaming technology fund under section 53-06.1-12.4. However, the attorney

general may allow an organization that only conducts a raffle or calcutta in two or

more cities or counties to annually apply for a consolidated license and remit a

one hundred seventy-five dollar license fee for each city or county in which a site

is located. The attorney general shall deposit twenty-five dollars of this fee into

the charitable gaming technology fund under section 53-06.1-12.4. An

organization shall document that it qualifies as an eligible organization. If an

organization amends its primary purpose as stated in its articles of incorporation

or materially changes its basic character, the organization shall reapply for

licensure. The attorney general may deny issuance of a license or deny renewal

of a license to an eligible organization that has obtained approval of site

authorization under subdivision a, if the organization or site is not in compliance

with applicable laws and rules.

3. A licensed organization or organization that has a permit shall conduct games as

follows:

a. Only one licensed organization or organization that has a permit may conduct

games at an authorized site on a day, except a raffle or a sports pool conducted

under a local permit may be conducted for a special occasion by another licensed

organization or organization that has a permit when one of these conditions is

met:

(1) When the area for the raffle or a sports pool is physically separated from the

area where games are conducted by the regular organization.

(2) Upon request of the regular organization and with the approval of the

alcoholic beverage establishment, the regular organization's license or

permit is suspended for that specific time of day by the attorney general.

b. Except for a temporary site authorized for fourteen or fewer consecutive days for

not more than two events per quarter or a licensed organization authorized on or

before January 1, 2023, to conduct gaming at more than fifteen sites, a licensed

organization, including a closely related organization, may not have more than

fifteen sites.

c. Games of electronic quick shot bingo, electronic pull tabs, pull tabs, punchboards,

twenty-one, paddlewheels, poker, and sports pools may be conducted only during

the hours when alcoholic beverages may be dispensed according to applicable

regulations of the state, county, or city. Electronic pull tabs must be conducted in

a designated area where patrons must be twenty-one years of age or older to

enter.

d. An organization may not permit a person under twenty-one years of age to

directly or indirectly play pull tabs, punchboards, twenty-one, calcuttas, sports

pools, paddlewheels, or poker. An organization may not permit an individual

under eighteen years of age to directly or indirectly play electronic quick shot

bingo. An organization may not permit an individual under eighteen years of age

to directly or indirectly play bingo unless the individual is accompanied by an

adult, bingo is conducted by an organization that has a permit, or the game's

prize structure does not exceed that allowed for a permit.

e. An organization may not install more than ten electronic pull tab devices at a site.

f. An organization with more than fifteen licensed sites under subdivision b may not

increase its number of sites beyond the number of sites licensed as of January 1,

2023.

g. An organization conducting gaming at an authorized site on January 1, 2023,

may continue to operate gaming, including as provided under subsection 1 of

section 53-06.1-06, at the authorized site regardless of whether the authorized

site is an alcoholic beverage establishment as defined under section 53-06.1-01.

h. For a raffle board, an organization permitted to conduct raffles shall sell the

numbered squares on the board for the same price and may sell squares at a site

thirty days before the drawing.

4. A permit, or site authorization and license, must be displayed at a site.

5. The attorney general may issue a conditional license to an eligible organization whose

regularly issued license has expired or been suspended, revoked, or relinquished. The

attorney general shall designate the time period for which the conditional license is

valid and may impose any conditions.

6. A governing body or local law enforcement official may inspect a site's gaming

equipment and examine or cause to be examined any gaming-related books and

records of a licensed organization or organization that has a permit.
N.D. Cent. Code § 53-06.1-12 — ND Code / Title 53 / Chapter 53-06.1 / Section 53-06.1-12
53-06.1-12. Gaming tax - Deposits (Retroactive application - See note)
Status: in_force

53-06.1-12. Gaming tax - Deposits. (Retroactive application - See note)

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 adjusted gross proceeds and is not part of the allowable

expenses. For a licensed organization with adjusted gross proceeds:

a. Not exceeding fifty thousand dollars the tax is one percent of adjusted gross

proceeds.

b. Exceeding fifty thousand dollars the tax is five hundred dollars plus twelve

percent of adjusted gross proceeds exceeding fifty thousand dollars.

2. For a licensed organization permitted to conduct raffles in this state with adjusted

gross proceeds exceeding fifty thousand dollars, a gaming tax of one percent of gross

proceeds is imposed on the total gross proceeds received by the licensed organization

from raffles in a quarter. The tax must be computed and paid to the attorney general

on a quarterly basis on the tax return. The tax must be paid from adjusted gross

proceeds and is not part of the allowable expenses.

3. The tax must be paid to the attorney general at the time tax returns are filed.

4. The attorney general shall deposit gaming taxes, monetary fines, and interest and

penalties collected in the charitable gaming operating fund.
N.D. Cent. Code § 53-04-06 — ND Code / Title 53 / Chapter 53-04 / Section 53-04-06
53-04-06. License to be displayed
Status: repealed

53-04-06. License to be displayed

Repealed by S.L. 1983, ch. 545, § 4.
N.D. Cent. Code § 53-05.1-01 — ND Code / Title 53 / Chapter 53-05.1 / Section 53-05.1-01
53-05.1-01. Definition
Status: in_force

53-05.1-01. Definition

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 does not include:

1. A single-passenger, coin-operated ride that is manually, mechanically, or electrically

operated and customarily placed in a public location and that does not normally

require the supervision or services of an operator.

2. Nonmechanized playground equipment, including swings, seesaws, stationary

spring-mounted animal features, rider-propelled merry-go-rounds, climbers, slides,

trampolines, and physical fitness devices.
N.D. Cent. Code § 53-11-04 — ND Code / Title 53 / Chapter 53-11 / Section 53-11-04
53-11-04. Exemptions
Status: in_force

53-11-04. Exemptions

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 dissemination of a solicitation, notice, or promotion governed by this

chapter, unless the publisher, owner, agent, or employee had knowledge that the

solicitation, notice, or promotion violated the requirements of this chapter, or had a

financial interest in the solicitation, notice, or promotion.

2. This chapter does not apply to solicitations or representations, in connection with:

a. The sale or purchase of books, recordings, videocassettes, periodicals, and

similar goods through a membership group or club that is regulated by the federal

trade commission under title 16, Code of Federal Regulations, part 425.1,

concerning use of negative option plans by sellers in commerce.

b. The sale or purchase of goods ordered through a contractual plan or

arrangement such as a continuity plan, subscription arrangement, or a single sale

or purchase series arrangement under which the seller ships goods to a

consumer who has consented in advance to receive the goods and after the

receipt of the goods is given the opportunity to examine the goods and to receive

a full refund of charges for the goods upon return of the goods undamaged.

c. A sale by a catalog seller that derives at least fifty percent of its annual revenues

from the sale of products sold in connection with the distribution of catalogs of at

least twenty-four pages that contain written descriptions or illustrations and sale

prices for each item of merchandise, if the catalogs are distributed in more than

one state with a total annual distribution of at least two hundred fifty thousand.
N.D. Cent. Code § 53-13-02 — ND Code / Title 53 / Chapter 53-13 / Section 53-13-02
53-13-02. Registration - Requirements
Status: in_force

53-13-02. Registration - Requirements

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 other charges to register

agritourism operators.

4. A registration under this section is effective for five years.
N.D. Cent. Code § 53-06.2-10 — ND Code / Title 53 / Chapter 53-06.2 / Section 53-06.2-10
53-06.2-10. Certificate system - Rules
Status: in_force

53-06.2-10. Certificate system - Rules

The certificate system allows a licensee to receive money from any person present at a live

horse race, simulcast horse race, or simulcast dog race who desires to bet on any entry in that

race. A person betting on an entry to win acquires an interest in the total money bet on all

entries in the race, in proportion to the amount of money bet by that person, under rules

adopted by the commission. The licensee shall receive the bets and for each bet shall issue a

certificate to the bettor on which is at least shown the number of the race, the amount bet, and

the number or name of the entry selected by the bettor. The commission may adopt rules for

place, show, quinella, combination, or other types of betting usually connected with racing.
N.D. Cent. Code § 53-13-03 — ND Code / Title 53 / Chapter 53-13 / Section 53-13-03
53-13-03. Registered agritourism operators - Maintenance of list
Status: in_force

53-13-03. Registered agritourism operators - Maintenance of list

The division of tourism shall:

1. Maintain a list of all registered agritourism operators; and

2. Maintain a list of all registered agritourism activities.
N.D. Cent. Code § 53-09-05 — ND Code / Title 53 / Chapter 53-09 / Section 53-09-05
53-09-05. Duties of passengers
Status: in_force

53-09-05. Duties of passengers

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 the running or operation of an aerial passenger

tramway.

4. Use any aerial passenger tramway unless the passenger has the ability to use it safely

without any instruction on its use by the ski area operator or requests and receives

instructions before entering the boarding area of the aerial passenger tramway.

5. Engage in any harmful conduct or willfully or negligently engage in any type of conduct

which contributes to or causes injury to another person.

6. Embark on an aerial passenger tramway without the authority of the ski area operator.

7. Use any aerial passenger tramway without engaging such safety or restraining devices

as may be provided.

8. Wear skis without properly securing ski retention straps.
N.D. Cent. Code § 53-05-06 — ND Code / Title 53 / Chapter 53-05 / Section 53-05-06
53-05-06. Penalty
Status: in_force

53-05-06. Penalty

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

misdemeanor.
N.D. Cent. Code § 53-03-05 — ND Code / Title 53 / Chapter 53-03 / Section 53-03-05
53-03-05. Authority of governing body and fair board
Status: in_force

53-03-05. Authority of governing body and fair board

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 of the investigation

required by this chapter;

4. Aid in policing the carnival grounds and in otherwise compensating the municipality or

association interested in such amount as may be determined; and

5. Require the permittee to execute and deliver to such municipality or association a

bond in a penal sum not exceeding five hundred dollars, to be approved by the

governing body or fair board, conditioned for the faithful conduct of such carnival in

accordance with the governing laws and ordinances, and that the same must be

forfeited upon the violation of the provisions thereof.
N.D. Cent. Code § 53-01-18 — ND Code / Title 53 / Chapter 53-01 / Section 53-01-18
53-01-18. Certain exhibitions exempt
Status: in_force

53-01-18. Certain exhibitions exempt

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.
N.D. Cent. Code § 53-10-02 — ND Code / Title 53 / Chapter 53-10 / Section 53-10-02
53-10-02. Liability of equine activity sponsor or equine professional limited
Status: in_force

53-10-02. Liability of equine activity sponsor or equine professional limited

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 maintain an action against or recover from an equine activity

sponsor or an equine professional for an injury to or the death of a participant engaged

in an equine activity. This chapter does not apply to the horse racing industry as

regulated in chapter 53-06.2.

2. Nothing in subsection 1 prevents or limits the liability of an equine activity sponsor or

an equine professional:

a. If the equine activity sponsor or the equine professional:

(1) Provided the equipment or tack and the equipment or tack caused the injury;

or

(2) Provided the equine and failed to make reasonable and prudent efforts to

determine the ability of the participant to engage safely in the equine activity,

to determine the ability of the equine to behave safely with the participant,

and to determine the ability of the participant to safely manage the particular

equine;

b. If the equine activity sponsor or the equine professional owns, leases, rents, or

otherwise is in lawful possession and control of the land or facility upon which the

participant sustained an injury because of the dangerous latent condition which

was known to or should have been known to the equine activity sponsor or the

equine professional and for which a warning sign has not been conspicuously

posted;

c. If the equine activity sponsor or the equine professional commits an act or

omission that constitutes willful or wanton disregard for the safety of the

participant and that act or omission caused the injury;

d. If the equine activity sponsor or the equine professional intentionally injures the

participant;

e. Under products liability provisions as set forth in products liability laws; or

f. Under liability provisions in chapter 36-11.
N.D. Cent. Code § 53-06.2-05 — ND Code / Title 53 / Chapter 53-06.2 / Section 53-06.2-05
53-06.2-05. Powers of commission
Status: in_force

53-06.2-05. Powers of commission

The commission may:

1. Compel the production of all documents showing the receipts and disbursements of

any licensee and determine the manner in which such financial records are to be kept.

2. Investigate the operations of any licensee and enter any vehicle or place of business,

residence, storage, or racing of any licensee on the grounds of a licensed association

to determine whether there has been compliance with the provisions of this chapter

and rules adopted under this chapter, and to discover and seize any evidence of

noncompliance.

3. Request appropriate state officials to perform inspections necessary for the health and

safety of spectators, employees, participants, and horses that are lawfully on a

racetrack.

4. License all participants in the racing and simulcast pari-mutuel wagering industry and

require and obtain information the commission deems necessary from license

applicants. Licensure of service providers, totalizator companies, site operators, and

organizations applying to conduct or conducting pari-mutuel wagering must be

approved by the attorney general. The attorney general may not grant a license denied

by the commission. The commission may obtain a statewide and nationwide criminal

history record check from the bureau of criminal investigation for the purpose of

determining suitability or fitness for a license. The nationwide check must be

conducted in the manner provided in section 12-60-24. All costs associated with

obtaining a background check are the responsibility of the applicant for a license.

5. Receive moneys from the North Dakota horse racing foundation for deposit in the

purse fund, breeders' fund, or racing promotion fund in accordance with subsection 6

of section 53-06.2-11.

6. Adopt additional rules for the administration, implementation, and regulation of

activities conducted pursuant to this chapter. The commission shall deposit any fees

collected under authority of this subsection in the racing commission operating fund.

Subject to legislative appropriation, the commission may spend the fees for operating

costs of the commission.
N.D. Cent. Code § 53-06.1-03.3 — ND Code / Title 53 / Chapter 53-06.1 / Section 53-06.1-03.3
53-06.1-03.3. Pull tab sites - Limit on rent
Status: repealed

53-06.1-03.3. Pull tab sites - Limit on rent

Repealed by S.L. 1997, ch. 428, § 21.
N.D. Cent. Code § 53-06.1-02.1 — ND Code / Title 53 / Chapter 53-06.1 / Section 53-06.1-02.1
53-06.1-02.1. Waiver of two-year active requirement - Local permit
Status: repealed

53-06.1-02.1. Waiver of two-year active requirement - Local permit

Repealed by S.L. 1995, ch. 484, § 35.
N.D. Cent. Code § 53-05.1-05 — ND Code / Title 53 / Chapter 53-05.1 / Section 53-05.1-05
53-05.1-05. Penalty - Injunction
Status: in_force

53-05.1-05. Penalty - Injunction

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.
N.D. Cent. Code § 53-06.2-04 — ND Code / Title 53 / Chapter 53-06.2 / Section 53-06.2-04
53-06.2-04. Duties of commission
Status: in_force

53-06.2-04. Duties of commission

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 normal performance of a racehorse, unless specifically authorized by

the commission.

4. Supervise and check the making of pari-mutuel pools, pari-mutuel machines, and

equipment at all races held under the certificate system.

5. Adopt rules governing, restricting, or regulating bids on licensees' concessions and

leases on equipment.

6. Consider all proposed extensions, additions, or improvements to the buildings, stables,

or tracks on property owned or leased by a licensee.

7. Exclude from racetracks or simulcast pari-mutuel wagering facilities any person who

violates any rule of the commission or any law.

8. Determine the cost of inspections performed under subsection 3 of section 53-06.2-05

and require the licensee to pay that cost.

9. Report biennially to the legislative council regarding the operation of the commission.

10. Provide notice to the North Dakota horsemen's council of meetings held by the

commission and permit the North Dakota horsemen's council to participate in the

meetings through placement of items on the agenda.

11. Complete, distribute, and post on the commission's website the minutes of each

commission meeting within thirty days of that meeting or before the next meeting of

the commission, whichever occurs first.
N.D. Cent. Code § 53-13-04 — ND Code / Title 53 / Chapter 53-13 / Section 53-13-04
53-13-04. Notice regarding liability - Requirements
Status: in_force

53-13-04. Notice regarding liability - Requirements

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 liable for

any injury to or for the death of a participant if the injury or death results from an inherent risk.
N.D. Cent. Code § 53-11-03 — ND Code / Title 53 / Chapter 53-11 / Section 53-11-03
53-11-03. Prize award required
Status: in_force

53-11-03. Prize award required

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 the

prize, or provide the person with either of the following items selected by the person:

1. Any other prize listed in the written prize notice that is available and that is of equal or

greater value; or

2. The retail value of the prize, as stated in the written notice, in the form of cash, a

money order, or a certified check.
N.D. Cent. Code § 53-12.1-06 — ND Code / Title 53 / Chapter 53-12.1 / Section 53-12.1-06
53-12.1-06. Retailer application - Fees - Display of license
Status: in_force

53-12.1-06. Retailer application - Fees - Display of license

1. An applicant for a license does not have a right to a license or granting of the approval

sought. A license issued or approval granted is a suspendable or revocable privilege,

and the holder does not acquire any vested interest in the license or approval granted.

2. An applicant for a license that has had an application denied or a license revoked may

not reapply until at least one year has elapsed from the date of the denial or revocation

unless the director determines that the reason for the denial of the application or

revocation of the license has been remedied. A person who has had an application

denied or a license revoked for a second time may not reapply until at least three

years have passed since the date of the second denial or revocation. The decision of

the director to deny an application or revoke a license is final and not appealable.

3. The director may charge an application fee to a person applying to become a retailer

and a license fee.

4. A retailer license is:

a. Renewable annually unless it is sooner relinquished, suspended, or revoked;

b. Not transferable or assignable to another person; and

c. Required to be conspicuously displayed at the retailer's site.
N.D. Cent. Code § 53-06.1-10.1 — ND Code / Title 53 / Chapter 53-06.1 / Section 53-06.1-10.1
53-06.1-10.1. Raffles
Status: in_force

53-06.1-10.1. Raffles

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 licensed organization may, at the request of a winning player,

exchange a merchandise prize valued at not more than twenty-five thousand dollars

for a cash prize.

2. The maximum cash prize limits of this section do not apply to a public-spirited

organization that supports amateur collegiate athletics.

3. An organization permitted to conduct raffles in this state may conduct an electronic

fifty-fifty raffle either by manual drawing or by using a random number generator.

Electronic fifty-fifty raffle tickets must be sold and drawings held onsite at the location

of and on the date of the event. Electronic fifty-fifty raffles may not be conducted online

over the internet.

4. A licensed organization permitted to conduct raffles in this state may sell online over

the internet and may accept an electronic payment, including payment by a debit card

or a credit card, for the purchase of a raffle ticket. An organization that accepts

payment by credit card for the purchase of a raffle ticket shall limit an individual's ticket

purchases using a credit card to five hundred dollars per day, not to exceed

one thousand five hundred dollars per week. If a licensed organization accepts

electronic payment for the purchase of a raffle ticket, the organization shall verify the

ticket purchaser is at least eighteen years of age and physically is located in the state.
N.D. Cent. Code § 53-06.1-10.2 — ND Code / Title 53 / Chapter 53-06.1 / Section 53-06.1-10.2
53-06.1-10.2. Electronic quick shot bingo
Status: in_force

53-06.1-10.2. Electronic quick shot bingo

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 up to six bonus letters and numbers to achieve

predetermined patterns. The letters and numbers may only be drawn by the

organization either manually or with the use of a random number generator, once

during a business day and before the beginning of any session. It is not required for

each bingo game to have a winner. The bingo devices used in conjunction with a site

operating system automatically daubs the called letters and numbers via a radio

frequency signal or wi-fi transmission on a maximum of sixteen electronic bingo cards

for an individual game. The site operating system, including the point-of-sale, allows

an employee to deposit credits received from a player by cash, check, or debit card to

a temporary credit account to be used by a player for the purchase of electronic bingo

cards. The devices may determine a winning bingo and must accumulate the winning

prize amounts in a separate winnings account which may only be redeemed by an

employee.

2. An electronic quick shot bingo marking device under subsection 1 is not a

"coin-operated gaming device" as defined in subsection 4 of section 12.1-28-02.
N.D. Cent. Code § 53-06.1-07.1 — ND Code / Title 53 / Chapter 53-06.1 / Section 53-06.1-07.1
53-06.1-07.1. Limitations on hours and participation
Status: repealed

53-06.1-07.1. Limitations on hours and participation

Repealed by S.L. 1997, ch. 428, § 21.
N.D. Cent. Code § 53-02-09 — ND Code / Title 53 / Chapter 53-02 / Section 53-02-09
53-02-09. Refusal and revocation of permit for cause
Status: repealed

53-02-09. Refusal and revocation of permit for cause

Repealed by S.L. 1983, ch. 544, § 3.
N.D. Cent. Code § 53-11-02 — ND Code / Title 53 / Chapter 53-11 / Section 53-11-02
53-11-02. Disclosures required
Status: in_force

53-11-02. Disclosures required

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 reasonable impression that a payment is required, unless the sponsor

first has delivered to the person written prize notice containing the following

information:

a. The true name or names of the sponsor and the address of the sponsor's actual

principal place of business;

b. The retail value of each prize the person receiving the notice has been selected

to receive or may be eligible to receive;

c. A statement of the person's odds of receiving each prize identified in the notice;

d. Any requirement that the person pay shipping or handling fees or any other

charges to obtain or use a prize, including the nature and amount of the charges;

e. If receipt of the prize is subject to a restriction, a statement that a restriction

applies, and a description of the restriction;

f. Any limitation on eligibility; and

g. If a sponsor represents that the person is a "winner", is a "finalist", has been

"specially selected", is in "first place", or is otherwise among a limited group of

persons with an enhanced likelihood of receiving a prize, the written prize notice

must contain a statement of the maximum number of persons in the group or

purported group with this enhanced likelihood of receiving a prize.

2. The information required by subsection 1 must be presented in the following form:

a. The retail value and the statement of odds required must be stated in immediate

proximity to each identification of a prize on the written notice and must be in the

same size and boldness of type as the reference to the prize. The statement of

odds must include, for each prize, the total number of prizes to be given away

and the total number of written prize notices to be distributed. The number of

prizes and written prize notices must be stated in Arabic numerals. The statement

of odds must be in the following form:

___________ (number of prizes) out of__________ notices distributed.

b. If a person is required to pay a shipping or handling fee or any other charge to

obtain a prize, to be eligible to obtain a prize, or participate in a contest, the

following statement must appear in immediate proximity to each listing of the

prize in the written prize notice, in not less than ten-point boldface type: YOU

MUST PAY $______ TO RECEIVE THIS ITEM or YOU MUST PAY $______ TO

COMPETE FOR THIS ITEM, whichever is applicable.

c. The statement required under subdivision g of subsection 1 must appear in

immediate proximity to each representation that the person is among a group of

persons with an enhanced likelihood of receiving a prize and must be in the same

size and boldness of type as the representation.
N.D. Cent. Code § 53-04.1-04 — ND Code / Title 53 / Chapter 53-04.1 / Section 53-04.1-04
53-04.1-04. Amusement concessions
Status: in_force

53-04.1-04. Amusement concessions

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 conducting the game has been issued a license pursuant to this chapter

and prominently displays the license at the playing area of the game.

3. Games of chance other than the licensed game are not conducted or engaged in at

the amusement concession.

4. The game is posted and the cost to play the game does not exceed five dollars.

5. A prize is not displayed which cannot be won.

6. Cash prizes in excess of five dollars are not awarded and merchandise prizes are not

repurchased.

7. The game is not operated on a build-up or pyramid basis except a trade up of a prize

is allowed.

8. Concealed numbers or conversion charts are not used to play the game and the game

is not designated or adapted with any control device to permit manipulation of the

game by the operator to prevent a player from winning or to predetermine who the

winner will be. The object target, block, or object of the game must be attainable and

possible to perform under the rules stated from the playing position of the player.

9. The game is conducted in a fair and honest manner.

10. A person under the age of eighteen may not play any amusement game or device,

except bingo, in which cash prizes are awarded.
N.D. Cent. Code § 53-08-02 — ND Code / Title 53 / Chapter 53-08 / Section 53-08-02
53-08-02. Duty of care of owner
Status: in_force

53-08-02. Duty of care of owner

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 their own recreational purposes or is directly derived from the recreational

purposes of other persons, or to give any warning of a dangerous condition, use,

structure, or activity on such premises to persons entering for such purposes.

2. This section does not apply to:

a. A person that enters land to provide goods or services at the request of, and at

the direction or under the control of, an owner; or

b. An owner engaged in a for-profit business venture that directly or indirectly invites

members of the public onto the premises for commercial purposes or during

normal periods of commercial activity in which members of the public are invited.
N.D. Cent. Code § 53-06.1-10 — ND Code / Title 53 / Chapter 53-06.1 / Section 53-06.1-10
53-06.1-10. Twenty-one
Status: in_force

53-06.1-10. Twenty-one

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 there is

more than one active table at a site, the organization may set a higher minimum wager on

additional tables. The maximum limit per wager may be set by the organization at not more than

twenty-five dollars. Wagers in increments of one dollar must be accepted between the posted

minimum and the posted maximum limit. A player may not play more than two hands at the

same time. Only the player actually playing a hand may place a wager on that hand. Each

player plays the player's hand against the dealer's hand. Any requirement to pool tips is within

the sole discretion of each organization. Except for a site that has twenty-one gross proceeds

averaging less than ten thousand dollars per quarter, an organization may not conduct

twenty-one at the site with wagers exceeding two dollars unless the organization has first

installed video surveillance equipment as required by rules and the equipment is approved by

the attorney general.
N.D. Cent. Code § 53-06.1-11.2 — ND Code / Title 53 / Chapter 53-06.1 / Section 53-06.1-11.2
53-06.1-11.2. Charitable gaming operating fund - Attorney general - Allocations - Transfer to the general fund
Status: in_force

53-06.1-11.2. Charitable gaming operating fund - Attorney general - Allocations -

Transfer to the general fund.

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

legislative assembly for administrative and operating costs associated with charitable

gaming, the attorney general shall allocate remaining moneys in the charitable gaming

operating fund on a quarterly basis as follows:

a. Seventy-five thousand dollars to the gambling disorder prevention and treatment

fund.

b. Subject to legislative appropriations, five percent of the total moneys deposited in

the charitable gaming operating fund to cities and counties in proportion to the

taxes collected under section 53-06.1-12 from licensed organizations conducting

games within each city, for sites within city limits, or within each county, for sites

outside city limits. If a city or county allocation is less than two hundred dollars,

that city or county is not entitled to receive a payment for the quarter and the

undistributed amount must be included in the total amount to be distributed to

other cities and counties for the quarter.

3. The attorney general shall transfer to the general fund the balance of net proceeds in

the charitable gaming operating fund which exceed the amount appropriated by the

legislative assembly for administrative and operating costs associated with charitable

gaming for the subsequent biennium before the end of each biennium.
N.D. Cent. Code § 53-06.1-15.2 — ND Code / Title 53 / Chapter 53-06.1 / Section 53-06.1-15.2
53-06.1-15.2. Attorney general may bring civil action for collection of fees and tax and to force compliance
Status: repealed

53-06.1-15.2. Attorney general may bring civil action for collection of fees and tax and

to force compliance.

Repealed by S.L. 1997, ch. 428, § 21.
N.D. Cent. Code § 53-06.1-13 — ND Code / Title 53 / Chapter 53-06.1 / Section 53-06.1-13
53-06.1-13. Examination of books and records
Status: repealed

53-06.1-13. Examination of books and records

Repealed by S.L. 1997, ch. 428, § 21.
N.D. Cent. Code § 53-06.1-09 — ND Code / Title 53 / Chapter 53-06.1 / Section 53-06.1-09
53-06.1-09. Sports pools
Status: in_force

53-06.1-09. Sports pools

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.
N.D. Cent. Code § 53-01-14 — ND Code / Title 53 / Chapter 53-01 / Section 53-01-14
53-01-14. Books and records of exhibitor open to inspection - Canceling license
Status: repealed

53-01-14. Books and records of exhibitor open to inspection - Canceling license

Repealed by S.L. 1987, ch. 607, § 10.
N.D. Cent. Code § 53-03-07 — ND Code / Title 53 / Chapter 53-03 / Section 53-03-07
53-03-07. Permit in possession of board - To be shown
Status: in_force

53-03-07. Permit in possession of board - To be shown

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

produced and shown. Refusal to show the same to one asking to see it is presumptive evidence

that such carnival is being operated without such contract or permit.
N.D. Cent. Code § 53-05-08 — ND Code / Title 53 / Chapter 53-05 / Section 53-05-08
53-05-08. Minors not allowed in certain public places - Exception - Penalty
Status: repealed

53-05-08. Minors not allowed in certain public places - Exception - Penalty

Repealed by S.L. 1973, ch. 402, § 1.
N.D. Cent. Code § 53-12.1-03 — ND Code / Title 53 / Chapter 53-12.1 / Section 53-12.1-03
53-12.1-03. Director - Responsibilities
Status: in_force

53-12.1-03. Director - Responsibilities

1. The attorney general shall appoint a director who shall serve at the pleasure of the

attorney general.

2. Subject to policy of the attorney general, the director shall:

a. Employ those individuals deemed necessary to operate the lottery and provide

secure facilities to house the lottery;

b. Enter a written agreement with one or more government-authorized lotteries, or

with an organization created and controlled by those lotteries, for conducting and

marketing a joint lottery game;

c. Provide for a secure computer data center and internal control system for the

reliable operation of the lottery;

d. Prepare and submit a budget for operating the lottery;

e. Operate the lottery so it is self-sustaining and self-funded;

f. Maintain books and records which accurately reflect each day's financial

transactions, including the sale of tickets, receipt of funds and fees, prize

payments, and expenses to ensure accountability;

g. License a retailer to sell or redeem a ticket;

h. Require a retailer to furnish proof of financial stability or post a bond in an amount

the director deems necessary to protect the financial interest of the state;

i. Timely and efficiently transfer lottery funds due from a retailer;

j. Conduct a retailer promotion to promote the sale of a ticket;

k. As necessary, enter a contract for a promotional service, an annuity for the

payment of a prize, credit history report, security service, service from another

state agency, marketing and related service, gaming system and related service,

and other necessary service;

l. Based on reasonable ground or written complaint, suspend or revoke a retailer's

license or impose a monetary fine, or both, for a violation, by the retailer or

employee of the retailer, of a lottery law or rule;

m. Examine, or cause to be examined by an agent designated by the director, any

book or record of a retailer to ensure compliance with the lottery law and rules;

n. Upon request, report to the legislative council regarding the operation of the

lottery;

o. Make quarterly and annual financial reports to the governor and attorney general

and a biennial report to the legislative assembly;

p. Have an annual audit, conducted by the state auditor, of the lottery. The director

shall present the audit report to the governor, state treasurer, and legislative

assembly;

q. As necessary, have an independent firm conduct a study and evaluation of

security; and

r. As necessary, conduct a survey of retailers and players or a study of reactions of

citizens to present and potential features of the lottery.
N.D. Cent. Code § 53-01-10 — ND Code / Title 53 / Chapter 53-01 / Section 53-01-10
53-01-10. Application for license - Terms of license
Status: repealed

53-01-10. Application for license - Terms of license

Repealed by S.L. 1991, ch. 543, § 8.
N.D. Cent. Code § 53-06.1-06.1 — ND Code / Title 53 / Chapter 53-06.1 / Section 53-06.1-06.1
53-06.1-06.1. Local work permits
Status: repealed

53-06.1-06.1. Local work permits

Repealed by S.L. 1997, ch. 428, § 21.
N.D. Cent. Code § 53-01-04 — ND Code / Title 53 / Chapter 53-01 / Section 53-01-04
53-01-04. Commissioners - Reimbursement for expenses
Status: repealed

53-01-04. Commissioners - Reimbursement for expenses

Repealed by S.L. 1971, ch. 484, § 13.
N.D. Cent. Code § 53-05-04 — ND Code / Title 53 / Chapter 53-05 / Section 53-05-04
53-05-04. Service of process upon secretary of state
Status: in_force

53-05-04. Service of process upon secretary of state

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 shall

forward a copy of the process served by registered or certified mail to such person. Such

service of process upon the secretary of state for all purposes of such suit, and any verdict

rendered or judgment entered therein, must be deemed legal and valid personal service of

process the same as though made personally upon such person.
N.D. Cent. Code § 53-01-01.1 — ND Code / Title 53 / Chapter 53-01 / Section 53-01-01.1
53-01-01.1. Mixed fighting style competition - Definition
Status: in_force

53-01-01.1. Mixed fighting style competition - Definition

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

injure, stun, choke, incapacitate, or disable an opponent. The techniques may include a

combination of boxing, kickboxing, wrestling, grappling, or other recognized martial arts. Boxing

and kickboxing exhibitions or contests without the combination of other techniques do not

constitute mixed fighting style competitions.
N.D. Cent. Code § 53-05-01 — ND Code / Title 53 / Chapter 53-05 / Section 53-05-01
53-05-01. Definitions
Status: in_force

53-05-01. Definitions

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.
N.D. Cent. Code § 53-08-04 — ND Code / Title 53 / Chapter 53-08 / Section 53-08-04
53-08-04. Leased land to state or political subdivisions
Status: in_force

53-08-04. Leased land to state or political subdivisions

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

conditions, uses, structures, or activities thereon. An owner who leases land to the state or its

political subdivisions for recreational purposes does not by giving such lease:

1. Extend any assurance to any person using the land that the premises are safe for any

purpose;

2. Confer upon such persons the legal status of an invitee or licensee to whom a duty of

care is owed; or

3. Assume responsibility for or incur liability for any injury to person or property caused

by an act or omission of a person who enters upon the leased land.

The provisions of this section apply whether the person entering upon the leased land is an

invitee, licensee, trespasser, or otherwise.
N.D. Cent. Code § 53-01-11 — ND Code / Title 53 / Chapter 53-01 / Section 53-01-11
53-01-11. Bond required with application for license
Status: repealed

53-01-11. Bond required with application for license

Repealed by S.L. 1987, ch. 607, § 10.
N.D. Cent. Code § 53-03-04 — ND Code / Title 53 / Chapter 53-03 / Section 53-03-04
53-03-04. Powers and duties of governing body or fair board
Status: in_force

53-03-04. Powers and duties of governing body or fair board

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 contract

will be permitted.
N.D. Cent. Code § 53-06.1-12.4 — ND Code / Title 53 / Chapter 53-06.1 / Section 53-06.1-12.4
53-06.1-12.4. Charitable gaming technology fund - Continuing appropriation
Status: in_force

53-06.1-12.4. Charitable gaming technology fund - Continuing appropriation

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 only for contracting for and purchasing equipment and software for a charitable gaming

technology system, training employees to operate the system, and maintaining and updating the

system.
N.D. Cent. Code § 53-01-09 — ND Code / Title 53 / Chapter 53-01 / Section 53-01-09
53-01-09. Fees paid into special fund - Continuing appropriation
Status: in_force

53-01-09. Fees paid into special fund - Continuing appropriation

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 for the

compensation and expenses of members of the commission of combative sports.
N.D. Cent. Code § 53-06.2-12 — ND Code / Title 53 / Chapter 53-06.2 / Section 53-06.2-12
53-06.2-12. Audits and investigations by state auditor
Status: in_force

53-06.2-12. Audits and investigations by state auditor

On request of the commission, the state auditor shall conduct audits and investigate the

operations of any licensee. The commission shall reimburse the state auditor for all services

rendered.
N.D. Cent. Code § 53-05.1-04 — ND Code / Title 53 / Chapter 53-05.1 / Section 53-05.1-04
53-05.1-04. Operator - Requirements
Status: in_force

53-05.1-04. Operator - Requirements

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.
N.D. Cent. Code § 53-06.1-07.3 — ND Code / Title 53 / Chapter 53-06.1 / Section 53-06.1-07.3
53-06.1-07.3. Calcuttas
Status: in_force

53-06.1-07.3. Calcuttas

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

ninety percent of the gross proceeds. A player may not place a wager on a competitor in a

calcutta sporting event unless the competitor is eighteen years of age or older.
N.D. Cent. Code § 53-06.1-05 — ND Code / Title 53 / Chapter 53-06.1 / Section 53-06.1-05
53-06.1-05. Local permit for educational organizations, college fraternities, and sororities for raffles, sports pools, and bingo
Status: repealed

53-06.1-05. Local permit for educational organizations, college fraternities, and

sororities for raffles, sports pools, and bingo.

Repealed by S.L. 1995, ch. 484, § 35.
N.D. Cent. Code § 53-06.1-11.1 — ND Code / Title 53 / Chapter 53-06.1 / Section 53-06.1-11.1
53-06.1-11.1. Restricted use of money in certain political activities - Eligible uses of net proceeds
Status: in_force

53-06.1-11.1. Restricted use of money in certain political activities - Eligible uses of

net proceeds.

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 oppose a person for public office.

b. Except for a use related to an organization's primary purpose, a licensed

organization or organization that has a permit may not use net proceeds to

influence legislation or promote or oppose referendums or initiatives.

c. Any funds expended by a licensed organization or an organization that has a

permit to promote or oppose an initiated or referred measure that is on the ballot

or for any activities of a lobbyist under section 54-05.1-02, that are not

compensation or expenses paid to a lobbyist, and that are not required to be

reported under section 54-05.1-03 must be reported to the attorney general as

prescribed by the attorney general. A violation of this subsection subjects an

organization to a suspension of its license or permit for up to one year.

2. A licensed organization or an organization that has a restricted event permit shall

disburse net proceeds within the period prescribed by rule and for only these

educational, charitable, patriotic, fraternal, religious, or public-spirited uses:

a. Uses for stimulating and promoting state and community-based economic

development programs within the state which improve the quality of life of

community residents.

b. Uses for developing, promoting, and supporting tourism within a city, county, or

the state.

c. Uses benefiting an indefinite number of persons by bringing them under the

influence of education, cultural programs, or religion which include disbursements

to provide:

(1) Scholarships for students, if the disbursement is deposited in a scholarship

fund for defraying the cost of education to students and the scholarships are

awarded through an open and fair selection process.

(2) Supplementary assistance to a public or private nonprofit educational

institution registered with or accredited by any state.

(3) Assistance to libraries and museums.

(4) Assistance for the performing arts and humanities.

(5) Preservation of cultural heritage.

(6) Youth community, social welfare, and athletic activities.

(7) Adult amateur athletic activities within the state, including team uniforms and

equipment.

(8) Maintenance of places of public worship or support of a body of

communicants, gathered in common membership for mutual support and

edification in piety, worship, or religious observances.

(9) Scientific research.

d. Uses benefiting an indefinite number of persons by relieving them of disease,

suffering, or constraint which include disbursements to provide:

(1) Assistance to an individual or family suffering from poverty or

homelessness.

(2) Encouragement and enhancement of the active participation of the elderly in

our society.

(3) Services to the abused.

(4) Services to persons with an addicted behavior toward alcohol, gambling, or

drugs.

(5) Funds to combat juvenile delinquency and rehabilitate ex-offenders.

(6) Relief for the sick, diseased, and terminally ill and their physical well-being.

(7) Funds for emergency relief and volunteer services.

(8) Funds to nonprofit nursing homes, nonprofit day care centers, and nonprofit

medical facilities.

(9) Social services and education programs aimed at aiding emotionally and

physically distressed, handicapped, elderly, and underprivileged persons.

(10) Funds for crime prevention, fire protection and prevention, and public safety.

(11) Funds to relieve, improve, and advance the physical and mental conditions,

care and medical treatment, and health and welfare of injured or disabled

veterans.

e. Uses that perpetuate the memory and history of the dead.

f. Uses increasing comprehension of and devotion to the principles upon which the

nation was founded, including disbursements to aid in teaching the principles of

liberty, truth, justice, and equality. However, beauty pageants do not qualify.

g. The erection or maintenance of public buildings, facilities, utilities, or waterworks.

h. Uses lessening the burden of government which include disbursements to an

entity that is normally funded by a city, county, state, or United States government

and disbursements directly to a government entity or its agency.

i. Uses benefiting a definite number of persons who are the victims of loss of home

or household possessions through explosion, fire, flood, or storm and the loss is

not covered by insurance.

j. Uses benefiting a definite number of persons suffering from a seriously disabling

disease or injury causing severe loss of income or incurring extraordinary medical

expense which is not covered by insurance.

k. Uses, for community service projects, by chambers of commerce exempt from

federal income tax under section 501(c)(6) of the Internal Revenue Code. A

project qualifies if it develops or promotes public services, including education,

housing, transportation, recreation, crime prevention, fire protection and

prevention, safety, tourism, and health. Uses that directly benefit a chamber of

commerce do not qualify.

l. Uses for or of benefit to efforts in support of the health, comfort, or well-being of

the community which include disbursements to provide:

(1) Funds for adult bands, including drum and bugle corps.

(2) Funds for trade shows and conventions conducted in this state.

(3) Funds for nonprofit organizations that operate a humane society, zoo, or fish

or wildlife reproduction and habitat enhancement program.

(4) Funds for public transportation, community celebration, and recreation.

(5) Funds for preservation and cleanup of the environment.

m. To the extent net proceeds are used toward the primary purpose of a charitable,

educational, religious, public safety, or public-spirited organization, or are used for

a veterans or public cemetery by a veterans organization, that has obtained a

final determination from the internal revenue service as qualifying for exemption

from federal income tax under section 501(c)(3) or 501(c)(19) of the Internal

Revenue Code, the organization may establish a special trust fund or foundation

as a contingency for funding or maintaining the organization's future program

services should the organization discontinue conducting games or dissolve.

n. Uses for a fundraising activity unrelated to an organization's primary purpose

provided that the gross revenue from the activity is disbursed to uses prescribed

by this subsection.

o. The administrative and program management expenses of a statewide veterans'

organization.

3. The eligible uses in subsection 2 do not include the erection, acquisition, property

taxes, special assessments, improvement, maintenance, or repair of real property

owned or leased by an organization unless the real property is used exclusively for an

eligible use, by a fraternal or veterans organization, or for office or storage space

under subsection 4.

4. A licensed organization or recipient of net proceeds may not use net proceeds for

administrative or operating expenses involving the conduct of games, but may

designate space within real property used for an organization's primary purpose as

office or storage space for gaming-related administration.

5. A veterans organization may use up to twenty percent of net proceeds per quarter for

the costs of food and beverages, including alcoholic beverages, incurred operating the

veterans organization's club. A veterans organization may operate one club in one

location.
N.D. Cent. Code § 53-01-16 — ND Code / Title 53 / Chapter 53-01 / Section 53-01-16
53-01-16. Amateur and professional exhibitions
Status: repealed

53-01-16. Amateur and professional exhibitions

Repealed by S.L. 1991, ch. 543, § 8.
N.D. Cent. Code § 53-01-07 — ND Code / Title 53 / Chapter 53-01 / Section 53-01-07
53-01-07. Duties of state commissioner of combative sports
Status: in_force

53-01-07. Duties of state commissioner of combative sports

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. Establish license fees for all boxers, kickboxers, mixed style fighters, boxing,

kickboxing, and mixed fighting style competition promoters, managers, judges,

timekeepers, cornerpersons, knockdown counters, matchmakers, and referees or

other participants.

3. Charge a fee equal to the actual cost incurred to regulate the competitions and

exhibitions.

4. Adopt rules allowing the secretary of state to perform screening tests for controlled

substances, as defined in section 19-03.1-01, on boxers, kickboxers, and mixed style

fighters participating in a competition or an exhibition.
N.D. Cent. Code § 53-04-04 — ND Code / Title 53 / Chapter 53-04 / Section 53-04-04
53-04-04. Annual license fee
Status: repealed

53-04-04. Annual license fee

Repealed by S.L. 1983, ch. 545, § 4.
N.D. Cent. Code § 53-06.2-11 — ND Code / Title 53 / Chapter 53-06.2 / Section 53-06.2-11
53-06.2-11. Bet payoff formulas - Uses by licensee of funds in excess of expenses - Payment to general fund
Status: in_force

53-06.2-11. Bet payoff formulas - Uses by licensee of funds in excess of expenses -

Payment to general fund.

1. For wagering on live horse racing:

a. In win, place, and show pari-mutuel pools, the licensee may deduct no more than

twenty percent of the amount wagered. Of the amount wagered, the licensee

shall pay:

(1) One-half of one percent to the state treasurer to be deposited in the general

fund.

(2) One-half of one percent to the commission to be deposited in the breeders'

fund.

(3) One-half of one percent to the commission to be deposited in the purse

fund.

(4) One-half of one percent to the commission to be deposited in the racing

promotion fund.

b. In daily double, quinella, exacta, trifecta, or other combination pari-mutuel pools,

the licensee may deduct no more than twenty-five percent of the amount

wagered. Of the amount wagered, the licensee shall pay:

(1) One-half of one percent to the state treasurer to be deposited in the general

fund.

(2) One-half of one percent to the commission to be deposited in the breeders'

fund.

(3) One-half of one percent to the commission to be deposited in the purse

fund.

(4) One-half of one percent to the commission to be deposited in the racing

promotion fund.

2. For simulcast and account wagering:

a. In win, place, and show pari-mutuel pools, the licensee may deduct no more than

twenty percent of the amount wagered. Except as limited in subdivision c, of the

amount wagered by simulcast and account wagering in win, place, and show

pari-mutuel pools, the licensee shall pay:

(1) One-sixteenth of one percent to the state treasurer to be deposited in the

general fund.

(2) One-sixteenth of one percent to the commission to be deposited in the

breeders' fund.

(3) One-sixteenth of one percent to the commission to be deposited in the

purse fund.

(4) One-sixteenth of one percent to the commission to be deposited in the

racing promotion fund.

b. Except as limited in subdivision c, of the amount wagered by simulcast and

account wagering in daily double, quinella, exacta, trifecta, or other combination

pari-mutuel pools, the licensee shall pay:

(1) One-sixteenth of one percent to the state treasurer to be deposited in the

general fund.

(2) One-sixteenth of one percent to the commission to be deposited in the

breeders' fund.

(3) One-sixteenth of one percent to the commission to be deposited in the

purse fund.

(4) One-sixteenth of one percent to the commission to be deposited in the

racing promotion fund.

c. For the fiscal year commencing July 1, 2013, the licensee may not pay more than

four hundred thousand dollars. For the fiscal year commencing July 1, 2014, and

thereafter, the licensee may not pay more than four hundred twenty thousand

dollars.

3. For all pari-mutuel wagering the licensee shall pay to the commission the amount due

for all unclaimed tickets and all breakage on the first twenty million dollars wagered in

each fiscal year with each service provider. The amount received must be deposited in

the racing promotion fund.

4. The licensee conducting wagering on live racing, simulcast wagering, or account

wagering shall retain all other money in the pari-mutuel pool and pay it to bettors

holding winning tickets as provided by rules adopted by the commission.

5. A licensee may not use any of the portion deducted for expenses under subsections 1

and 2 for expenses not directly incurred by the licensee in conducting pari-mutuel

racing under the certificate system. After paying qualifying expenses, the licensee shall

use the remainder of the amount so withheld only for eligible uses allowed to

charitable gambling organizations under section 53-06.1-11.1.

6. The commission shall deposit the moneys received pursuant to subsections 1, 2, and

3 and from the North Dakota horse racing foundation pursuant to subsection 5 of

section 53-06.2-05 in the breeders' fund, the purse fund, and the racing promotion

fund. Moneys, and any earnings on the moneys, in the breeders' fund, purse fund, and

racing promotion fund are appropriated to the commission on a continuing basis to

carry out the purposes of those funds under this chapter and must be administered

and disbursed in accordance with rules adopted by the commission. The commission

may not transfer money among the funds. The commission shall distribute in-state

awards and payment supplements from the breeders' fund in the same calendar year

the money was earned by the recipient. The commission shall distribute out-of-state

awards and payment supplements from the breeders' fund, if made available by the

commission, within two months of the end of the calendar year the money was earned

by the recipient. The commission shall distribute payments awarded to qualified

owners and breeders from the breeders' fund without requiring owners and breeders to

apply for the payments. The commission may receive twenty-five thousand dollars per

year or twenty-five percent per year, whichever is greater, from the racing promotion

fund for the payment of the commission's operating expenses.
N.D. Cent. Code § 53-05-05 — ND Code / Title 53 / Chapter 53-05 / Section 53-05-05
53-05-05. Definition of physical endurance contests - Prohibited
Status: repealed

53-05-05. Definition of physical endurance contests - Prohibited

Repealed by S.L. 1981, ch. 513, § 2.
N.D. Cent. Code § 53-06.2-07 — ND Code / Title 53 / Chapter 53-06.2 / Section 53-06.2-07
53-06.2-07. Issuance of licenses - Applications
Status: in_force

53-06.2-07. Issuance of licenses - Applications

1. On compliance by an applicant with this chapter and the approval of the attorney

general, the commission may issue a license to conduct races. The attorney general

may not grant a license denied by the commission.

2. An application for a license to conduct a racing meet must be signed under oath and

filed with the commission. The application must contain at least the following:

a. The name and post-office address of the applicant.

b. The location of the racetrack and whether it is owned or leased. If the racetrack is

leased, a copy of the lease must be included.

c. A statement of the applicant's previous history and association sufficient to

establish that the applicant is an eligible organization.

d. The time, place, and number of days the racing meet is proposed to be

conducted.

e. The type of racing to be conducted.

f. Other information the commission requires.

3. At least thirty days before the commission issues or renews a license to conduct

races, the applicant shall deliver a complete copy of the application to the local

jurisdiction governing body. The application to the commission must include a

certificate verified by a representative of the applicant, indicating delivery of the

application copy to the governing body. If the governing body of the local jurisdiction

adopts a resolution disapproving the application for license or renewal and so informs

the executive director within thirty days of receiving a copy of the application, the

license to conduct races may not be issued or renewed.
N.D. Cent. Code § 53-06.1-01 — ND Code / Title 53 / Chapter 53-06.1 / Section 53-06.1-01
53-06.1-01. Definitions
Status: in_force

53-06.1-01. Definitions

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 establishment licensed under section

5-01-21 or chapter 5-02 where alcoholic beverages are sold, dispensed, and

consumed by guests on the premises. The term does not include a liquor store, gas

station, grocery store, or convenience store.

3. "Charitable organization" means an organization whose primary purpose is for relief of

poor, distressed, underprivileged, diseased, elderly, or abused persons, prevention of

cruelty to children or animals, or similar condition of public concern.

4. "Civic and service organization" means an organization whose primary purpose is to

promote the common good and social welfare of a community as a sertoma, lion,

rotary, jaycee, kiwanis, or similar organization.

5. "Closely related organization" means an organization that controls, is controlled by, or

is under common control with another organization. Control exists when an

organization has the authority or ability to elect, appoint, or remove a majority of the

officers or directors of another organization or, by policy, contract, or otherwise, has

the authority or ability to directly or indirectly direct or cause the direction of the

management or policies of another organization.

6. "Distributor" means a person that sells, markets, or distributes equipment designed for

use in the conduct of games.

7. "Educational organization" means a nonprofit public or private elementary or

secondary school, two-year or four-year college, or university.

8. "Electronic pull tab device" means a device, approved by the attorney general, which

electronically displays pull tabs.

9. "Eligible organization" means a veterans, charitable, educational, religious, fraternal,

civic and service, public safety, or public-spirited organization domiciled in North

Dakota or authorized by the secretary of state as a foreign corporation under chapter

10-33, incorporated as a nonprofit organization, and which has been regularly and

actively fulfilling its primary purpose within this state during the two immediately

preceding years. However, an educational organization does not need to be

incorporated or be in existence for two years. An organization's primary purpose may

not involve the conduct of games. The organization may be issued a license by the

attorney general. For purposes of this section, a foreign corporation authorized under

chapter 10-33 is not an eligible organization unless authorized to conduct a raffle

under chapter 20.1-04 or 20.1-08 and may not conduct a game other than a raffle

under chapter 20.1-04 or 20.1-08.

10. "Fraternal organization" means an organization, except a school fraternity, which is a

branch, lodge, or chapter of a national or state organization and exists for the common

business, brotherhood, or other interests of its members. The organization must have

qualified for exemption from federal income tax under section 501(c)(8) or 501(c)(10)

of the Internal Revenue Code.

11. "Games" means games of chance.

12. "Gross proceeds" means all cash and checks received from conducting games.

13. "Licensed organization" means an eligible organization licensed by the attorney

general.

14. "Manufacturer" means, for a pull tab or bingo card, a person who designs, prints,

assembles, or produces the product. For a pull tab dispensing device, electronic pull

tab device operating system, bingo card marking device, or electronic raffle system, a

manufacturer means the person who directly controls and manages development of

and owns the rights to the proprietary software encoded on a processing chip that

enables the device or system to operate.

15. "Net income" means gross proceeds less cash prizes, cost of merchandise prizes, and

expenses to conduct the gaming activity.

16. "Net proceeds" means adjusted gross proceeds less allowable expenses and gaming

tax.

17. "Permit" means a local permit or restricted event permit issued by a governing body of

a city or county to a nonprofit organization or group of people domiciled in North

Dakota.

18. "Person" means any person, partnership, corporation, limited liability company,

association, or organization.

19. "Prize board" means a board used with pull tabs to award cash or merchandise prizes.

20. "Public safety organization" means an organization whose primary purpose is to

provide firefighting, ambulance service, crime prevention, or similar emergency

assistance.

21. "Public-spirited organization" means an organization whose primary purpose is for

scientific research, amateur sports competition, safety, literary, arts, preservation of

cultural heritage, educational activities, educational public service, youth, economic

development, tourism, community medical care, community recreation, or similar

organization, which does not meet the definition of any other type of eligible

organization. However, a nonprofit organization or a group of people recognized as a

public-spirited organization by a governing body of a city or county for obtaining a

permit does not need to meet this definition.

22. "Pull tab" means a folded or banded ticket or jar ticket, a pull tab card with break-open

tabs, or an electronic pull tab displaying concealed numbers or symbols or

combinations of concealed numbers and symbols which are exposed by a player to

determine the outcome. The terms "pull tab" and "jar ticket" are used interchangeably

unless otherwise stated. A winning pull tab contains certain symbols, numbers, or

combinations of symbols and numbers and may contain multiple winning symbols,

numbers, or combinations of symbols and numbers which have been previously

designated as winning symbols or numbers.

23. "Religious organization" means a church, body of communicants, or group gathered in

common membership whose primary purpose is for advancement of religion, mutual

support and edification in piety, worship, and religious observances.

24. "Veterans organization" means any congressionally chartered post organization, or

any branch or lodge or chapter of a nonprofit national or state organization whose

membership consists of individuals who are or were members of the armed services or

forces of the United States. The organization must have qualified for exemption from

federal income tax under section 501(c)(19) of the Internal Revenue Code.
N.D. Cent. Code § 53-02-05 — ND Code / Title 53 / Chapter 53-02 / Section 53-02-05
53-02-05. Application for permit - Special permits
Status: repealed

53-02-05. Application for permit - Special permits

Repealed by S.L. 1983, ch. 544, § 3.
N.D. Cent. Code § 53-08-03 — ND Code / Title 53 / Chapter 53-08 / Section 53-08-03
53-08-03. Not invitee or licensee of landowner
Status: in_force

53-08-03. Not invitee or licensee of landowner

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. Confer upon such persons, or any other person whose presence on the premises is

directly derived from those recreational purposes, the legal status of an invitee or

licensee to whom a duty of care is owed other than a person that enters land to

provide goods or services at the request of, and at the direction or under the control of,

the owner; or

3. Assume responsibility for or incur liability for any injury to person or property caused

by an act or omission of such persons.
N.D. Cent. Code § 53-04-03 — ND Code / Title 53 / Chapter 53-04 / Section 53-04-03
53-04-03. Annual license required - Fee
Status: repealed

53-04-03. Annual license required - Fee

Repealed by S.L. 1983, ch. 545, § 4.
N.D. Cent. Code § 53-06.1-14 — ND Code / Title 53 / Chapter 53-06.1 / Section 53-06.1-14
53-06.1-14. Distributors and manufacturers
Status: in_force

53-06.1-14. Distributors and manufacturers

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 shall apply annually for a license and pay a license fee of ten

thousand dollars. The attorney general shall deposit one thousand five hundred dollars

of these fees into the charitable gaming technology fund under section 53-06.1-12.4. A

manufacturer of paper pull tab dispensing devices shall apply annually for a license

and pay a license fee of one thousand five hundred dollars. The attorney general shall

deposit five hundred dollars of this fee into the charitable gaming technology fund

under section 53-06.1-12.4. A manufacturer of electronic raffle systems shall apply

annually for a license and pay a license fee of one thousand dollars. The attorney

general shall deposit five hundred dollars of this fee into the charitable gaming

technology fund under section 53-06.1-12.4. A distributor shall apply annually for a

license and pay a license fee of two thousand dollars. The attorney general shall

deposit five hundred dollars of this fee into the charitable gaming technology fund

under section 53-06.1-12.4. Application must be made before the first day of April in

each year on a form prescribed by the attorney general.

2. A licensed distributor may not sell, market, or distribute gaming equipment except to a

licensed distributor, licensed organization, organization that has a permit, or other

person authorized by gaming rule or the attorney general. A manufacturer of a pull tab

dispensing device, pull tab, electronic pull tab device, bingo card marking device,

bingo card, or fifty-fifty raffle system may only sell, market, or distribute the

manufacturer's pull tab dispensing device and processing chip encoded with

proprietary software, pull tab, electronic pull tab device, bingo card marking device,

bingo card, or fifty-fifty raffle system to a licensed distributor. A licensed distributor may

purchase or acquire a pull tab dispensing device and processing chip encoded with

proprietary software, pull tab, electronic pull tab device, bingo card marking device,

bingo card, or fifty-fifty raffle system only from a licensed manufacturer or licensed

distributor. However, a distributor may purchase or acquire a used pull tab dispensing

device or electronic pull tab device from a licensed organization. A distributor may not

duplicate a manufacturer's processing chip encoded with proprietary software. No

gaming equipment or prize may be sold or leased at an excessive price.

3. A licensed distributor shall affix a North Dakota gaming stamp to each deal of pull tabs,

raffle board, punchboard, sports pool board, calcutta board, and series of paddlewheel

ticket cards sold or otherwise provided to a licensed organization or organization that

has a permit and shall purchase the stamps from the attorney general for thirty-five

cents each. Ten cents of each stamp sold by the attorney general, up to thirty-six

thousand dollars per biennium, must be credited to the attorney general's operating

fund to defray the costs of issuing and administering the gaming stamps. If an

organization hosts an event with a raffle board and only sells numbered squares on

the day of event, the organization is exempt from the requirements under this

subsection.

4. A licensed organization, organization that has a permit, licensed manufacturer, or

North Dakota wholesaler of liquor or alcoholic beverages may not be a distributor or

stockholder of a distributor. A distributor may not be a stockholder of a manufacturer.

5. In addition to the license fee, the attorney general may require advance payment of

any fee necessary to pay the cost of a record check of an applicant according to

subdivision c of subsection 5 of section 53-06.1-06.

6. A licensed manufacturer may not refuse to sell deals of pull tabs, paper bingo cards, or

gaming equipment to a licensed distributor unless:

a. A specific deal of pull tabs is sold on an exclusive basis;

b. The manufacturer does not sell deals of pull tabs, paper bingo cards, or gaming

equipment to any distributor in the state;

c. A gaming law or rule prohibits the sale;

d. The distributor has not provided the manufacturer with proof of satisfactory credit

or is delinquent on any payment owed to the manufacturer; or

e. The distributor has not met the manufacturer's standard minimum order quantity

and freight terms.
N.D. Cent. Code § 53-06.1-11 — ND Code / Title 53 / Chapter 53-06.1 / Section 53-06.1-11
53-06.1-11. Gross proceeds - Allowable expenses - Rent limits
Status: in_force

53-06.1-11. Gross proceeds - Allowable expenses - Rent limits

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 prize must be paid from a gaming bank account by check. A

cash prize paid by check must be paid from a gaming bank account. No check drawn

from a gaming or trust bank account may be payable to "cash" or a fictitious payee. A

cash prize that exceeds an amount set by rule must be accounted for by a receipt

prescribed by the gaming rules.

2. Allowable expenses may be deducted from adjusted gross proceeds. The allowable

expense limit is sixty percent of the adjusted gross proceeds per quarter.

3. Cash shorts incurred in games and interest and penalty are classified as expenses.

4. For a site where bingo is conducted:

a. If bingo is the primary game, the monthly rent must be reasonable.

b. If bingo is not the primary game, but is conducted with twenty-one, paddlewheels,

or pull tabs, no additional rent is allowed.

5. For a site where bingo is not the primary game:

a. If twenty-one or paddlewheels is conducted, the monthly rent may not exceed two

hundred dollars multiplied by the necessary number of tables based on criteria

prescribed by gaming rule. For each twenty-one table with a wager greater than

five dollars, an additional amount up to one hundred dollars may be added to the

monthly rent. If pull tabs is also conducted involving only a jar bar, the monthly

rent for pull tabs may not exceed an additional one hundred seventy-five dollars.

If pull tabs is conducted involving only a dispensing device or a jar bar and

dispensing device, the monthly rent for pull tabs may not exceed an additional

three hundred twenty-five dollars.

b. If twenty-one and paddlewheels are not conducted but pull tabs is conducted

involving either a jar bar or dispensing device, the monthly rent may not exceed

four hundred dollars.

c. If pull tabs is conducted using one or more electronic pull tab devices, the

monthly rent may not exceed one hundred seventy-five dollars per machine for

the first five machines in the same venue. For each additional machine in the

same venue beyond five, the monthly rent may not exceed seventy-five dollars

per machine up to a maximum of one thousand two hundred fifty dollars per

month for all electronic pull tab devices in a single venue.
N.D. Cent. Code § 53-01-06 — ND Code / Title 53 / Chapter 53-01 / Section 53-01-06
53-01-06. Official bond of boxing and wrestling commissioner
Status: repealed

53-01-06. Official bond of boxing and wrestling commissioner

Repealed by S.L. 1971, ch. 484, § 13.
N.D. Cent. Code § 53-06.2-03 — ND Code / Title 53 / Chapter 53-06.2 / Section 53-06.2-03
53-06.2-03. Executive director of racing - Appointment - Qualifications - Salary - Duties - Other personnel
Status: in_force

53-06.2-03. Executive director of racing - Appointment - Qualifications - Salary -

Duties - Other personnel.

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 is the executive officer of the

commission and shall enforce the rules and orders of the commission. The executive

director shall perform other duties the commission prescribes.

3. The executive director may employ other persons as authorized by the commission.
N.D. Cent. Code § 53-01-15 — ND Code / Title 53 / Chapter 53-01 / Section 53-01-15
53-01-15. Licensing of boxers, managers, and referees - Fee
Status: repealed

53-01-15. Licensing of boxers, managers, and referees - Fee

Repealed by S.L. 1991, ch. 543, § 8.
N.D. Cent. Code § 53-04-02 — ND Code / Title 53 / Chapter 53-04 / Section 53-04-02
53-04-02. Annual license required - Fee
Status: in_force

53-04-02. Annual license required - Fee

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 licensee. The operator shall affix

to each machine an operator's number provided by the attorney general. The operator shall

have a business office within the state and a valid sales tax permit. A location license must be

secured by an individual for any establishment managed or owned by that person. A location

license entitles the licensee to have not more than ten machines at one location managed or

owned by that individual. An individual is not entitled to more than one location license. The

location license must be displayed on or near the machines.

The annual fee for an operator's license is one thousand dollars. The annual fee for a

location license is twenty-five dollars per machine.

A reinstatement fee of one hundred dollars for an operator's license renewal and fifty dollars

for a location license renewal is required in addition to the annual license fee for each license

renewal applied for after June thirtieth.
N.D. Cent. Code § 53-06.1-08 — ND Code / Title 53 / Chapter 53-06.1 / Section 53-06.1-08
53-06.1-08. Punchboards and pull tabs
Status: in_force

53-06.1-08. Punchboards and pull tabs

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 and punchboard punch is two dollars. The maximum prize value of a top tier winning

pull tab or punchboard punch is five hundred dollars. The game of pull tabs may only be

conducted by commingling deals.
N.D. Cent. Code § 53-13-01 — ND Code / Title 53 / Chapter 53-13 / Section 53-13-01
53-13-01. Definitions
Status: in_force

53-13-01. Definitions

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, recreational, or entertainment purposes, regardless of

whether the member of the general public pays to participate in the activity or to view

or enjoy the attraction.

2. "Inherent risk" means:

a. Any condition or danger that is an integral part of agritourism, including:

(1) Surface and subsurface conditions of the land;

(2) Surface and subsurface conditions of the water;

(3) Natural conditions of land, vegetation, and water;

(4) The behavior of wild or domestic animals; and

(5) Structures and equipment ordinarily used in farming or ranching; and

b. The potential of a participant to act in a negligent manner, including failing to

follow instructions or failing to exercise reasonable caution while engaging in an

agritourism activity.

3. "Participant" means a member of the general public who engages in a registered

agritourism activity.

4. "Registered agritourism activity" means an agritourism activity that is registered with

the division of tourism.

5. "Registered agritourism operator" means a person that is registered with the division of

tourism and that is engaged in the provision of a registered agritourism activity.
N.D. Cent. Code § 53-06.1-13.1 — ND Code / Title 53 / Chapter 53-06.1 / Section 53-06.1-13.1
53-06.1-13.1. Financial statements
Status: repealed

53-06.1-13.1. Financial statements

Repealed by S.L. 1997, ch. 428, § 21.
N.D. Cent. Code § 53-06.1-12.3 — ND Code / Title 53 / Chapter 53-06.1 / Section 53-06.1-12.3
53-06.1-12.3. Interest, penalty, and estimated tax
Status: in_force

53-06.1-12.3. Interest, penalty, and estimated tax

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 interest on the tax at the rate of twelve percent per annum computed from the

original due date of the return through the date the tax is paid.

2. Assessment of penalty. If a licensed organization does not pay tax due on a tax return

by the original or extended due date of the 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 or extended

due date of the return, the organization shall pay a penalty of five percent of the tax, or

twenty-five dollars, whichever is greater. If an organization does not file a tax return by

the original or extended due date of the return, the organization shall pay a penalty of

five percent of the tax, or twenty-five dollars, whichever is greater, for each month or

fraction of a month during which the return is not filed, not exceeding a total of

twenty-five percent.

3. The attorney general may require a licensed organization to make monthly estimated

gaming tax payments if the attorney general determines that the organization is in poor

financial condition. If an organization fails to pay any tax or estimated tax, interest, or

penalty by the original due date or date set by the attorney general, the attorney

general may bring court action to collect it and may suspend the organization's license.

The attorney general may for good cause waive all or part of any interest or penalty

and may waive any minimal tax.

4. If a licensed organization has failed to file a tax return, has been notified by the

attorney general of the delinquency, and refuses or neglects within thirty days after the

notice to file a proper return, the attorney general shall determine the adjusted gross

proceeds and gaming tax due according to the best information available and assess

the tax at not more than double the amount. Interest and penalty also must be

assessed.

5. The attorney general may authorize a licensed organization to pay any delinquent tax,

interest, or penalty on an installment plan and may set any qualifying conditions.
N.D. Cent. Code § 53-09-10 — ND Code / Title 53 / Chapter 53-09 / Section 53-09-10
53-09-10. Effect of modified comparative fault
Status: in_force

53-09-10. Effect of modified comparative fault

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

oneself to the real or potential hazards of a situation.
N.D. Cent. Code § 53-09-01 — ND Code / Title 53 / Chapter 53-09 / Section 53-09-01
53-09-01. Legislative purpose
Status: in_force

53-09-01. Legislative purpose

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 essentially

impossible to eliminate by the ski area operator, it is the purpose of this chapter to define those

areas of responsibility and affirmative acts for which ski area operators shall be liable for loss,

damage, or injury and those risks which the skier expressly assumes and for which there can be

no recovery.
N.D. Cent. Code § 53-04-07 — ND Code / Title 53 / Chapter 53-04 / Section 53-04-07
53-04-07. All money remitted to state treasurer
Status: in_force

53-04-07. All money remitted to state treasurer

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.
N.D. Cent. Code § 53-06.1-08.1 — ND Code / Title 53 / Chapter 53-06.1 / Section 53-06.1-08.1
53-06.1-08.1. Limitation on pull tab prizes
Status: repealed

53-06.1-08.1. Limitation on pull tab prizes

Repealed by S.L. 1995, ch. 484, § 35.
N.D. Cent. Code § 53-01-13 — ND Code / Title 53 / Chapter 53-01 / Section 53-01-13
53-01-13. Restrictions on licensee
Status: repealed

53-01-13. Restrictions on licensee

Repealed by S.L. 1991, ch. 543, § 8.
N.D. Cent. Code § 53-06.1-15.4 — ND Code / Title 53 / Chapter 53-06.1 / Section 53-06.1-15.4
53-06.1-15.4. Conditional license - Issuance
Status: repealed

53-06.1-15.4. Conditional license - Issuance

Repealed by S.L. 1997, ch. 428, § 21.
N.D. Cent. Code § 53-06.1-17 — ND Code / Title 53 / Chapter 53-06.1 / Section 53-06.1-17
53-06.1-17. Rules
Status: repealed

53-06.1-17. Rules

Repealed by S.L. 1997, ch. 428, § 21.
N.D. Cent. Code § 53-02-06 — ND Code / Title 53 / Chapter 53-02 / Section 53-02-06
53-02-06. Inquiry by governing body as to granting a permit
Status: repealed

53-02-06. Inquiry by governing body as to granting a permit

Repealed by S.L. 1983, ch. 544, § 3.
N.D. Cent. Code § 53-06.1-18 — ND Code / Title 53 / Chapter 53-06.1 / Section 53-06.1-18
53-06.1-18. Compulsive gambling prevention, awareness, crisis intervention, rehabilitation, and treatment services
Status: repealed

53-06.1-18. Compulsive gambling prevention, awareness, crisis intervention,

rehabilitation, and treatment services.

Repealed by S.L. 2001, ch. 460, § 14.
N.D. Cent. Code § 53-02-03 — ND Code / Title 53 / Chapter 53-02 / Section 53-02-03
53-02-03. Who shall issue permits - Permit not transferable
Status: repealed

53-02-03. Who shall issue permits - Permit not transferable

Repealed by S.L. 1983, ch. 544, § 3.
N.D. Cent. Code § 53-12.1-10 — ND Code / Title 53 / Chapter 53-12.1 / Section 53-12.1-10
53-12.1-10. Administrative and other operating costs of the lottery - Lottery operating fund
Status: in_force

53-12.1-10. Administrative and other operating costs of the lottery - Lottery operating

fund.

Money in the lottery operating fund may be spent pursuant to legislative appropriation for

costs of administering and operating the lottery, including costs relating to employees, supplies,

surveys, advertising and marketing, printing, promotion, premium incentive items, a facility, and

services provided by another state agency.
N.D. Cent. Code § 53-06.2-15 — ND Code / Title 53 / Chapter 53-06.2 / Section 53-06.2-15
53-06.2-15. Revocation, suspension, fine - Procedure
Status: in_force

53-06.2-15. Revocation, suspension, fine - Procedure

The commission, on proof of violation by a licensee, its agents or employees, of this chapter

or any rule adopted by the commission may, on reasonable notice to the licensee and after

giving the licensee an opportunity to be heard, fine the licensee or revoke or suspend the

license. If the license is revoked, the licensee is not eligible to receive another license within

twelve months from the date of revocation. Every decision or order of the commission must be

made in writing and filed with the executive director for preservation as a permanent record of

the commission. The decision must be signed by the chairman, attested by the executive

director, and dated.
N.D. Cent. Code § 53-06.1-16 — ND Code / Title 53 / Chapter 53-06.1 / Section 53-06.1-16
53-06.1-16. Violation of law or rule - Fraudulent scheme or technique to cheat or skim unlawful - Penalty
Status: in_force

53-06.1-16. Violation of law or rule - Fraudulent scheme or technique to cheat or skim

unlawful - Penalty.

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 sufficient books and records or adequate internal control to

substantiate gross proceeds, prizes, cash profits, expenses, or disbursement of net

proceeds, or who falsifies any books or records, including any transaction involving the

direct or indirect conduct of games, or who violates this chapter, any gaming rule, or of

any term of a permit or license is guilty of a class A misdemeanor. If convicted, the

person forfeits any gaming license or permit issued to it and is ineligible to reapply for

a gaming license or permit for a period of time determined by the attorney general.

2. It is unlawful for a person:

a. To use bogus or counterfeit chips or pull tabs or to substitute or use any game,

cards, pull tabs, or game piece that have been marked or tampered with.

b. To employ or have on one's person any cheating device to facilitate cheating in

any game, or to attempt to commit or commit a theft, or to assist in committing

any other fraudulent scheme.

c. To willfully use any fraudulent scheme or technique, including when a person

directly or indirectly solicits, provides, or receives inside information of the status

of a game of pull tabs for the benefit of any person.

d. To alter or counterfeit a site authorization, license, or North Dakota gaming

stamp.

e. To knowingly cause, aid, abet, or conspire with another person or to cause any

person to violate this chapter or a gaming rule.

A person violating this subsection is guilty of a class A misdemeanor unless the total

amount gained through the use of these items, schemes, or techniques resulted in a

person obtaining over five hundred dollars, then the offense is a class C felony.

However, if a person knowingly uses a fraudulent scheme regarding soliciting,

providing, using, or receiving inside information involving the game of pull tabs or uses

a fraudulent scheme or technique to cheat or skim involving pull tabs, twenty-one,

paddlewheels, or bingo, regardless of the amount gained, the offense is a class C

felony.
N.D. Cent. Code § 53-06.2-02 — ND Code / Title 53 / Chapter 53-06.2 / Section 53-06.2-02
53-06.2-02. Racing commission - Members - Appointment - Term - Qualifications - Compensation
Status: in_force

53-06.2-02. Racing commission - Members - Appointment - Term - Qualifications -

Compensation.

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 horse racing association, one of whom is nominated by the

state chapter or affiliate of the United States trotting association, one of whom is

nominated by the state chapter or affiliate of the international Arabian horse

association, and one of whom is nominated by the state chapter or affiliate of the North

Dakota thoroughbred association. The members serve five-year terms and until a

successor is appointed and qualified. A member appointed to fill a vacancy arising

from other than the natural expiration of a term serves for the unexpired portion of the

term and may be reappointed. The terms of the commissioners must be staggered so

that one term expires each July first. At the expiration of the five-year term of each

incumbent member of the commission, the governor shall appoint a new member to

the commission.

2. A person is ineligible for appointment to the commission if that person has not been a

resident of this state for at least two years before the date of appointment. A person is

also ineligible if that person is not of such character and reputation as to promote

public confidence in the administration of racing in this state. A person who has a

financial interest in racing cannot be a member of the commission and cannot be

employed by the commission. Failure to maintain compliance with this subsection is

grounds for removal from the commission or from employment with the commission.

For purposes of this section, a person has a financial interest in racing if that person

has an ownership interest in horses running at live or simulcast meets conducted or

shown in this state subject to this chapter or rules of the commission, is required to be

licensed under this chapter or the rules of the commission, or who derives any direct

financial benefit from racing, individually or by or through an entity or other person, as

regulated by this chapter or the rules of the commission.

3. Commission members are entitled to seventy-five dollars per day for compensation,

and mileage and expense reimbursement as allowed to other state employees.
N.D. Cent. Code § 53-04.1-08 — ND Code / Title 53 / Chapter 53-04.1 / Section 53-04.1-08
53-04.1-08. Violation of chapter - Misdemeanor - Forfeiture of licensure - Ineligibility for two years
Status: in_force

53-04.1-08. Violation of chapter - Misdemeanor - Forfeiture of licensure - Ineligibility

for two years.

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

devices or bingo conducted under this chapter or who falsifies any books or records so far as

they relate to any transaction connected with the holding, operating, and conducting of any

amusement game or device or bingo or who violates any of the provisions of this chapter, any

rule adopted hereunder, or of any term of a license is guilty of a class A misdemeanor. If

convicted, such organization or person shall forfeit any license or authorizing resolution issued

to it pursuant to this chapter and is ineligible to reapply for a license or authorization for two

years thereafter.
N.D. Cent. Code § 53-12.1-09 — ND Code / Title 53 / Chapter 53-12.1 / Section 53-12.1-09
53-12.1-09. Operating fund - Continuing appropriation - Authorization of disbursements - Report - Net proceeds
Status: in_force

53-12.1-09. Operating fund - Continuing appropriation - Authorization of

disbursements - Report - Net proceeds.

There is established within the state treasury the lottery operating fund into which must be

deposited all revenue from the sale of tickets, interest received on money in the fund, and all

other fees and moneys collected, less a prize on a lottery promotion, prize on a winning ticket

paid by a retailer, and a retailer's commission. Except for moneys in the lottery operating fund

appropriated by the legislative assembly for administrative and operating costs of the lottery

under section 53-12.1-10, all other money in the fund is continuously appropriated for the

purposes specified in this section. During each regular session, the attorney general shall

present a report to the appropriations committee of each house of the legislative assembly on

the actual and estimated operating revenue and expenditures for the current biennium and

projected operating revenue and expenditures for the subsequent biennium authorized by this

section. A payment of a prize or expense or transfer of net proceeds by the lottery may be made

only against the fund or money collected from a retailer on the sale of a ticket. A disbursement

from the fund must be for the following purposes:

1. Payment of a prize as the director deems appropriate to the owner of a valid, winning

ticket;

2. Notwithstanding section 53-12.1-10, payment of a marketing expense that is directly

offset by cosponsorship funds collected;

3. Payment of a gaming system or related service expense, retailer record and credit

check fees, game group dues, and retailer commissions; and

4. Transfer of net proceeds:

a. Eighty thousand dollars must be transferred to the state treasurer each quarter

for deposit in the gambling disorder prevention and treatment fund;

b. An amount for the lottery's share of a game's prize reserve pool must be

transferred to the multistate lottery association;

c. Starting July 1, 2023, two hundred fifty thousand dollars must be transferred to

the state treasurer each quarter for deposit in the attorney general

multijurisdictional drug task force grant fund; and

d. The balance of the net proceeds, less holdback of any reserve funds the director

may need for continuing operations, must be transferred to the state treasurer on

at least an annual basis for deposit in the state general fund.
N.D. Cent. Code § 53-04-08 — ND Code / Title 53 / Chapter 53-04 / Section 53-04-08
53-04-08. Penalty
Status: in_force

53-04-08. Penalty

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.
N.D. Cent. Code § 53-06.1-15 — ND Code / Title 53 / Chapter 53-06.1 / Section 53-06.1-15
53-06.1-15. Form and display of license and local permit
Status: repealed

53-06.1-15. Form and display of license and local permit

Repealed by S.L. 1997, ch. 428, § 21.
N.D. Cent. Code § 53-05.1-02 — ND Code / Title 53 / Chapter 53-05.1 / Section 53-05.1-02
53-05.1-02. Affidavit of inspection and insurance
Status: in_force

53-05.1-02. Affidavit of inspection and insurance

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 that the owner or operator has a current insurance policy in force written by an insurance

company authorized to do business in this state. The policy must insure the owner or operator

against liability for injury to persons arising out of the use of the amusement ride in an amount of

not less than five hundred thousand dollars per occurrence or an aggregate of not less than one

million dollars.
N.D. Cent. Code § 53-06.1-12.2 — ND Code / Title 53 / Chapter 53-06.1 / Section 53-06.1-12.2
53-06.1-12.2. Pull tab excise tax
Status: repealed

53-06.1-12.2. Pull tab excise tax

Repealed by S.L. 1997, ch. 428, § 21.
N.D. Cent. Code § 53-02-14 — ND Code / Title 53 / Chapter 53-02 / Section 53-02-14
53-02-14. Penalty
Status: repealed

53-02-14. Penalty

Repealed by omission from this code.
N.D. Cent. Code § 53-12.1-07 — ND Code / Title 53 / Chapter 53-12.1 / Section 53-12.1-07
53-12.1-07. Selection and qualifications of a retailer
Status: in_force

53-12.1-07. Selection and qualifications of a retailer

1. The director shall select a person that the director deems best able to serve the public

convenience and promote the sale of a ticket. The director shall consider relevant

factors, including the applicant's credit history, physical security and public accessibility

of the applicant's site, integrity, sufficiency of existing retailers to serve the public

convenience, especially in a geographically remote area of the state, and volume of

expected sales of tickets. A person lawfully engaged in nongovernmental business on

state property or a person within the exterior boundary of an Indian reservation or on

tribal trust land may be selected as a retailer.

2. A retailer may not be the lottery's gaming system or advertising agency vendor or an

employee or agent of the vendor.

3. To be eligible as a retailer, an individual acting as a sole proprietor must:

a. Have a satisfactory credit check;

b. Be current in payment of all taxes, interest, and penalties owed to the state and

be current under a payment plan, excluding an item under formal dispute or

appeal pursuant to law;

c. Be at least eighteen years of age;

d. Be of good character and reputation;

e. Not have been convicted of a felony in this or any other jurisdiction, unless at

least ten years have passed since satisfactory completion of the sentence or

probation imposed by the court in each felony;

f. Not have been found to have knowingly violated a lottery law or rule;

g. Not have been found to have a background, including a criminal record, or prior

activities that pose a threat to the public interests of this state or to the security

and integrity of the lottery, create or enhance the dangers of unsuitable or illegal

practices in the conduct of lottery activities, or present questionable business

practices and financial arrangements incidental to the lottery activity;

h. Not be a parent, stepparent, child, stepchild, spouse, or sibling who is a regular

member of the same household of an employee of the lottery or member of the

lottery advisory commission; and

i. Not have knowingly made a false statement of material fact to the lottery.

4. To be eligible as a retailer, a partnership must meet the requirement of subdivision a of

subsection 3 and each partner must meet the requirements of subdivisions b through i

of subsection 3.

5. To be eligible as a retailer, an organization other than a partnership must meet the

requirements of subdivisions a and b of subsection 3 and each officer and director who

is primarily responsible for making financial decisions and each shareholder who owns

ten percent or more of an ownership interest in the organization must meet the

requirements of subdivisions c through i of subsection 3.
N.D. Cent. Code § 53-06.1-16.1 — ND Code / Title 53 / Chapter 53-06.1 / Section 53-06.1-16.1
53-06.1-16.1. Bogus chips, marked cards, cheating devices, or fraudulent schemes unlawful - Penalty
Status: repealed

53-06.1-16.1. Bogus chips, marked cards, cheating devices, or fraudulent schemes

unlawful - Penalty.

Repealed by S.L. 1997, ch. 428, § 21.
N.D. Cent. Code § 53-02-07 — ND Code / Title 53 / Chapter 53-02 / Section 53-02-07
53-02-07. Public dancing place - Restrictions
Status: repealed

53-02-07. Public dancing place - Restrictions

Repealed by S.L. 1983, ch. 544, § 3.
N.D. Cent. Code § 53-04.1-07 — ND Code / Title 53 / Chapter 53-04.1 / Section 53-04.1-07
53-04.1-07. Rules
Status: in_force

53-04.1-07. Rules

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 by licensees and authorized organizations; ensuring that the entire net proceeds of

amusement games or devices or bingo are devoted to educational, charitable, patriotic,

fraternal, religious, or other public-spirited uses as defined by this chapter; protecting and

promoting the public interest; ensuring fair and honest amusement games or devices or bingo;

ensuring that fees and taxes are paid; and seeking to prevent or detect unlawful gambling

activity.
N.D. Cent. Code § 53-12.1-12 — ND Code / Title 53 / Chapter 53-12.1 / Section 53-12.1-12
53-12.1-12. Setoff of prize
Status: in_force

53-12.1-12. Setoff of prize

1. A claimant agency and the director shall cooperate on the setoff of a winning lottery

ticket or promotional cash prize against a delinquent debt. A claimant agency is an

agency of the state of North Dakota that an individual owes money to or that collects

money on behalf of another party to satisfy a debt. The claimant agency and director

shall share necessary information, including the individual's full name, social security

number, and amount and type of debt, through a mutually convenient method to timely

achieve a setoff of a prize.

2. The director shall establish a debt setoff process in which a lottery prize claim of an

amount equal to or greater than six hundred dollars must be used to set off a

delinquent debt owed to or collected through a claimant agency. If the lottery prize

claim is paid through an annuitized payment option, each prize payment must be used

to set off a delinquent debt owed to or collected through a claimant agency.

3. If the director determines that a winning player owes a delinquent debt to or has a

delinquent debt collected through a claimant agency, the director shall set off the

amount of the debt from the prize payment due and notify the player, in writing, of the

setoff. If the setoff accounts for only a portion of the prize payment due, the remainder

of the prize payment must be paid to the player. The director shall transfer the setoff

amount to the claimant agency unless the player notifies the director, in writing, within

thirty days of the date of the notice of the setoff, that the player disputes all or part of

the debt owed to or collected through the claimant agency. If the director receives a

notification that the player disputes the setoff amount or claim upon which the setoff is

based, the director shall grant a hearing to the player to determine whether the setoff

is proper or the claim is valid, unless a review by a court is authorized under section
N.D. Cent. Code § 53-13-06 — ND Code / Title 53 / Chapter 53-13 / Section 53-13-06
53-13-06. Liability of registered agritourism operator
Status: in_force

53-13-06. Liability of registered agritourism operator

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 on property, including in a facility, at which a

registered agritourism activity occurs;

(2) A dangerous condition with respect to equipment used in the registered

agritourism activity; or

(3) The dangerous propensity of a particular animal used in the registered

agritourism activity;

b. Does not exercise ordinary care to remedy the danger or to warn a participant of

the danger; and

c. The danger causes injury to the participant or contributes to the injury of the

participant.
N.D. Cent. Code § 53-06.2-16 — ND Code / Title 53 / Chapter 53-06.2 / Section 53-06.2-16
53-06.2-16. Prohibited acts - Penalties
Status: in_force

53-06.2-16. Prohibited acts - Penalties

1. No person may conduct a pari-mutuel horse race unless that person is licensed by the

commission. Violation of this subsection is a class A misdemeanor.

2. No person may prearrange or attempt to prearrange the order of finish of a race.

Violation of this subsection is a class C felony.
N.D. Cent. Code § 53-02-02 — ND Code / Title 53 / Chapter 53-02 / Section 53-02-02
53-02-02. Permit for public dance, music festival, or public concert required - Exception
Status: repealed

53-02-02. Permit for public dance, music festival, or public concert required -

Exception.

Repealed by S.L. 1983, ch. 544, § 3.
N.D. Cent. Code § 53-11-05 — ND Code / Title 53 / Chapter 53-11 / Section 53-11-05
53-11-05. Penalty - Remedies
Status: in_force

53-11-05. Penalty - Remedies

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 after the attorney general has notified a

person by certified mail that the person is in violation of this section.

3. A person suffering pecuniary loss because of an intentional violation of this chapter

may bring an action in district court to recover costs, reasonable attorney's fees, and

the greater of five hundred dollars or twice the amount of the pecuniary loss.

4. This chapter provides relief in addition to the remedies or penalties provided under

other law.
N.D. Cent. Code § 53-06.1-04 — ND Code / Title 53 / Chapter 53-06.1 / Section 53-06.1-04
53-06.1-04. College fraternities and sororities allowed to conduct raffles, sports pools, and bingo - Use of proceeds
Status: repealed

53-06.1-04. College fraternities and sororities allowed to conduct raffles, sports

pools, and bingo - Use of proceeds.

Repealed by S.L. 1995, ch. 484, § 35.
N.D. Cent. Code § 53-12.1-05 — ND Code / Title 53 / Chapter 53-12.1 / Section 53-12.1-05
53-12.1-05. Competitive bidding - Investigation of a vendor
Status: in_force

53-12.1-05. Competitive bidding - Investigation of a vendor

Before a contract for a gaming system or marketing services is awarded, the director shall:

1. Use an open and competitive bid process which reflects the best interest of the state.

The director shall consider all relevant factors, including security, competence,

experience, timely performance, and maximization of net proceeds; and

2. Conduct a thorough background investigation of the lottery's gaming system and

advertising agency vendors, all shareholders of ten percent or more interest, and all

senior officers and directors of the vendors, including a parent or subsidiary

corporation of the vendors. The director may use information of another

government-authorized lottery or other source to determine the qualification and

background of the vendors. The vendors shall submit appropriate investigation

authorizations. The director may require any appropriate information from the vendors

to preserve the integrity and financial security of the lottery.
N.D. Cent. Code § 53-06.1-05.1 — ND Code / Title 53 / Chapter 53-06.1 / Section 53-06.1-05.1
53-06.1-05.1. Regulation by city or county of number of twenty-one tables per site and number of sites per licensed organization
Status: repealed

53-06.1-05.1. Regulation by city or county of number of twenty-one tables per site and

number of sites per licensed organization.

Repealed by S.L. 1997, ch. 428, § 21.
N.D. Cent. Code § 53-06.1-03.1 — ND Code / Title 53 / Chapter 53-06.1 / Section 53-06.1-03.1
53-06.1-03.1. Bingo sites - Limit on rent
Status: repealed

53-06.1-03.1. Bingo sites - Limit on rent

Repealed by S.L. 1997, ch. 428, § 21.
N.D. Cent. Code § 53-12.1-11 — ND Code / Title 53 / Chapter 53-12.1 / Section 53-12.1-11
53-12.1-11. Confidentiality of records
Status: in_force

53-12.1-11. Confidentiality of records

1. The following information and records of the lottery are confidential:

a. Sales and income tax information, financial statements, and a credit report of a

retailer applicant or person seeking or doing business with the lottery, and retailer

application information other than the applicant's name and location;

b. Information related to a person owing a debt to the state or having a debt

collected through a state agency that is made confidential by another state law or

rule;

c. Internal control and security procedures, security information on a winning ticket,

and information on a bid or contractual data, the disclosure of which is harmful to

the efforts of the lottery to contract for goods and services on favorable terms;

d. Personal information on a player who purchases an online play or a player who

wins a prize on a winning ticket unless the player authorizes, in writing, release of

the information; and

e. Non-aggregated, identifiable lottery sales data, the disclosure of which is harmful

to the competitive position of the lottery, retailer, or person seeking or doing

business with the lottery. However, a retailer may authorize the lottery to release

the retailer's lottery sales data.

2. To be confidential, information must relate to the security and integrity of the lottery.

Information and records may be disclosed within the attorney general's office or to an

authorized person in the proper administration of the lottery law and rules or in

accordance with a judicial order. Criminal history record check information on an

individual seeking or doing business with the lottery may be released only according to
N.D. Cent. Code § 53-03-06 — ND Code / Title 53 / Chapter 53-03 / Section 53-03-06
53-03-06. Board to enforce provisions - Free access of officers
Status: in_force

53-03-06. Board to enforce provisions - Free access of officers

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 and all

booths, shows, and concessions thereon at all times, and all officers present at such carnival

shall enforce all the provisions of this chapter and other governing statutes of this state.
N.D. Cent. Code § 53-01-17 — ND Code / Title 53 / Chapter 53-01 / Section 53-01-17
53-01-17. Exhibitions also governed by local ordinance
Status: in_force

53-01-17. Exhibitions also governed by local ordinance

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 conformity with

the ordinances of the city in addition to the requirements under this chapter.
N.D. Cent. Code § 53-06.2-01 — ND Code / Title 53 / Chapter 53-06.2 / Section 53-06.2-01
53-06.2-01. Definitions
Status: in_force

53-06.2-01. Definitions

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 of betting described in section 53-06.2-10.

3. "Charitable organization" means a nonprofit organization operated for the relief of

poverty, distress, or other conditions of public concern in this state and has been so

engaged in this state for at least two years.

4. "Civic and service club" means a branch, lodge, or chapter of a nonprofit national or

state organization that is authorized by its written constitution, charter, articles of

incorporation, or bylaws to engage in a civic or service purpose in this state and has

so existed in this state for at least two years. The term includes a similar local nonprofit

organization, not affiliated with a state or national organization, which is so recognized

by a resolution adopted by the governing body of the local jurisdiction in which the

organization conducts its principal activities, and which has existed in this state for at

least two years.

5. "Commission" means the North Dakota racing commission.

6. "Executive director" means the executive director of the commission.

7. "Fraternal organization" means a nonprofit organization in this state, which is a branch,

lodge, or chapter of a national or state organization and exists for the common

business, brotherhood, or other interests of its members, and has so existed in this

state for two years. The term does not include a college or high school fraternity.

8. "Local jurisdiction" means, with respect to a site inside the city limits of a city, that city,

and with respect to a site not inside the city limits of a city, the county in which the site

is located.

9. "Other public-spirited organization" means a nonprofit organization recognized by the

governing body of the appropriate local jurisdiction by resolution as public-spirited and

eligible under this chapter.

10. "Purse fund" means a fund, administered by the commission, established to

supplement and improve purses offered at racetracks within the state.

11. "Racing" means live or simulcast horse racing under the certificate system or simulcast

dog racing under the certificate system.

12. "Racing promotion fund" means a fund administered by the commission established to

assist in improving and upgrading racetracks in the state, promoting horse racing in

the state, and developing new racetracks in the state as necessary and approved by

the commission.

13. "Religious organization" means a nonprofit organization, church, body of

communicants, or group gathered in common membership for mutual support and

edification in piety, worship, and religious observances, and which has been so

gathered or united in this state for at least two years.

14. "Veterans' organization" means a congressionally chartered organization in this state,

or a branch, lodge, or chapter of a nonprofit national or state organization in this state,

the membership of which consists of individuals who were members of the armed

services or forces of the United States, and which has so been in existence in this

state for at least two years.
N.D. Cent. Code § 53-03-01 — ND Code / Title 53 / Chapter 53-03 / Section 53-03-01
53-03-01. Definitions
Status: in_force

53-03-01. Definitions

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 set up or conducted in a public place or upon any

private premises accessible to the public with or without admission fee, which, from

the nature of the aggregation, attracts attendance and causes promiscuous

commingling of persons in the spirit of merrymaking and revelry.

2. "Fair board" means the officers of any state or county fair association, or the agents of

any such board, duly authorized to make any contract or issue any permit as provided

in this chapter.

3. "Governing body" means a city council, or a board of city commissioners, as the case

may be, or the agents of any such governing body duly authorized to make any

contract or to issue any permit as provided in this chapter.

4. "Person" means any natural person, firm, corporation, or limited liability company or

the clerk, agent, or abettor of any such person, firm, corporation, or limited liability

company.
N.D. Cent. Code § 53-13-07 — ND Code / Title 53 / Chapter 53-13 / Section 53-13-07
53-13-07. Division of tourism - Copy of law - Provision to registered agritourism operator
Status: in_force

53-13-07. Division of tourism - Copy of law - Provision to registered agritourism

operator.

The division of tourism shall provide a copy of the applicable law to each person that

registers or reregisters as an agritourism operator.
N.D. Cent. Code § 53-11-01 — ND Code / Title 53 / Chapter 53-11 / Section 53-11-01
53-11-01. Definitions
Status: in_force

53-11-01. Definitions

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 value" of a prize means:

a. A price at which the sponsor can substantiate that a substantial number of the

prizes have been sold to the public in this state during the preceding year; or

b. If the sponsor is unable to satisfy the requirement in subdivision a, then no more

than one and one-half times the amount the sponsor paid or would pay for the

prize in a bona fide purchase from an unaffiliated seller.

3. "Sponsor" means a person that requires another person in this state to pay 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, or that creates the

reasonable impression that such a payment is required.
N.D. Cent. Code § 53-05.1-03 — ND Code / Title 53 / Chapter 53-05.1 / Section 53-05.1-03
53-05.1-03. Records required
Status: in_force

53-05.1-03. Records required

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 ride. In addition, the owner or operator of an amusement ride shall provide to

the governing body of the city or county a copy of any report of an accident related to an

amusement ride submitted by that person to an insurer within the last year.
N.D. Cent. Code § 53-09-03 — ND Code / Title 53 / Chapter 53-09 / Section 53-09-03
53-09-03. Duties of ski operators with respect to ski areas
Status: in_force

53-09-03. Duties of ski operators with respect to ski areas

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

movement in the skiing area.

2. To mark with a visible sign or other warning implement the location of any hydrant or

similar equipment used in snowmaking operations and located on ski slopes and trails.

3. To mark conspicuously the top or entrance to each slope, trail, or area with the

appropriate symbol for its relative degree of difficulty and those slopes, trails, or areas

which are closed, or portions of which present an unusual obstacle, must be marked at

the top or entrance with appropriate symbols.

4. To maintain one or more trail boards at prominent locations at each ski area displaying

that area's network of ski trails and slopes with each trail and slope rated thereon in

accordance with the symbols provided for in subsection 3.

5. To designate by trail board or other means which trails or slopes are open or closed.

6. To place, or cause to be placed, whenever snow grooming or snowmaking operations

are being undertaken upon any trail or slope while such trail or slope is open to the

public, a conspicuous notice to that effect at or near the top of such trail or slope.

7. To post notice, at or near the boarding area for each aerial passenger tramway

designed to transport passengers with skis attached to boots, of the requirements of

this chapter concerning the use of ski retention devices. This obligation is the sole

requirement imposed upon the ski area operator regarding the requirement for or use

of ski retention devices.
N.D. Cent. Code § 53-02-15 — ND Code / Title 53 / Chapter 53-02 / Section 53-02-15
53-02-15. General penalty
Status: in_force

53-02-15. General penalty

Except as otherwise may be provided, any person violating any provision of this chapter is

guilty of a class B misdemeanor.
N.D. Cent. Code § 53-12.1-02 — ND Code / Title 53 / Chapter 53-12.1 / Section 53-12.1-02
53-12.1-02. Lottery - Administration - Line of credit
Status: in_force

53-12.1-02. Lottery - Administration - Line of credit

1. There is established a division of the attorney general's office called the North Dakota

lottery. Under the supervision of the attorney general, a director shall administer the

lottery as provided in this chapter. The director shall consider the sensitive nature of

the lottery, promote games, and ensure the integrity, security, and fairness of the

lottery's operation. The lottery is solely responsible for the management and control

over the operation of its games.

2. The attorney general's office may arrange a short-term line of credit with the Bank of

North Dakota should lottery funds on hand be insufficient to meet an immediate major

prize obligation. The line of credit is limited to the amount of each prize of one hundred

thousand dollars or more that relates to prize funds known to be due and forthcoming

to the lottery from other government-authorized lotteries through the multistate lottery

association. However, the line of credit may not exceed one million dollars in the

aggregate.
N.D. Cent. Code § 53-05-07 — ND Code / Title 53 / Chapter 53-05 / Section 53-05-07
53-05-07. Amusement places - Penalty for screening
Status: repealed

53-05-07. Amusement places - Penalty for screening

Repealed by S.L. 1975, ch. 106, § 673.
N.D. Cent. Code § 53-03-08 — ND Code / Title 53 / Chapter 53-03 / Section 53-03-08
53-03-08. Penalty
Status: in_force

53-03-08. Penalty

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

misdemeanor.
N.D. Cent. Code § 53-04.1-06 — ND Code / Title 53 / Chapter 53-04.1 / Section 53-04.1-06
53-04.1-06. Examination of books and records
Status: in_force

53-04.1-06. Examination of books and records

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

authorized to conduct amusement games or devices or bingo under this chapter to the extent

that such books and records relate to any transaction connected with holding, operating, or

conducting of any amusement game or device or bingo.
N.D. Cent. Code § 53-09-07 — ND Code / Title 53 / Chapter 53-09 / Section 53-09-07
53-09-07. Liability of ski area operators
Status: in_force

53-09-07. Liability of ski area operators

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 in violation

of the passenger's or skier's duties as set forth in sections 53-09-05 and 53-09-06, when the

violation of duty by the passenger or skier is causally related to the loss or damage suffered; nor

is a ski area operator liable for any loss or damage caused by any object dropped, thrown, or

expelled by a passenger from an aerial passenger tramway.
N.D. Cent. Code § 53-06.1-07.4 — ND Code / Title 53 / Chapter 53-06.1 / Section 53-06.1-07.4
53-06.1-07.4. Paddlewheels
Status: in_force

53-06.1-07.4. Paddlewheels

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

chips must be used to register a player's wager when a prize is a variable multiple of the wager.

Otherwise, a ticket must be used. A player may not place wagers totaling more than twenty

dollars on each spin of the paddlewheel. Cash, chips, or merchandise prizes may be awarded.

No single cash prize, value of chips, or the retail value of the merchandise prize to be awarded

for a winning ticket or chip may exceed one hundred dollars.
N.D. Cent. Code § 53-06.1-07.2 — ND Code / Title 53 / Chapter 53-06.1 / Section 53-06.1-07.2
53-06.1-07.2. Poker
Status: in_force

53-06.1-07.2. Poker

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 activity, an organization shall charge each player a fee not to exceed two dollars

per one-half hour of playing time, collected in advance. For a tournament, an organization shall

charge each player an entry fee and the amount of prizes may not exceed ninety percent of the

gross proceeds.
N.D. Cent. Code § 53-09-09 — ND Code / Title 53 / Chapter 53-09 / Section 53-09-09
53-09-09. Liability of skiers
Status: in_force

53-09-09. Liability of skiers

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

by the skier.
N.D. Cent. Code § 53-01-12 — ND Code / Title 53 / Chapter 53-01 / Section 53-01-12
53-01-12. Annual license fee for exhibitions
Status: repealed

53-01-12. Annual license fee for exhibitions

Repealed by S.L. 1991, ch. 543, § 8.
N.D. Cent. Code § 53-06.1-16.2 — ND Code / Title 53 / Chapter 53-06.1 / Section 53-06.1-16.2
53-06.1-16.2. License suspension or revocation - Ineligibility for local permit
Status: repealed

53-06.1-16.2. License suspension or revocation - Ineligibility for local permit

Repealed by S.L. 1997, ch. 428, § 21.
N.D. Cent. Code § 53-01-01 — ND Code / Title 53 / Chapter 53-01 / Section 53-01-01
53-01-01. Definition
Status: repealed

53-01-01. Definition

Repealed by S.L. 1971, ch. 484, § 13.
N.D. Cent. Code § 53-06.1-08.2 — ND Code / Title 53 / Chapter 53-06.1 / Section 53-06.1-08.2
53-06.1-08.2. Electronic pull tab device requirements
Status: in_force

53-06.1-08.2. Electronic pull tab device requirements

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

voucher.
N.D. Cent. Code § 53-10-01 — ND Code / Title 53 / Chapter 53-10 / Section 53-10-01
53-10-01. Definitions
Status: in_force

53-10-01. Definitions

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 participates in the equine activity but does

not ride, train, drive, or ride as a passenger upon an equine.

2. "Equine" means a horse, pony, mule, donkey, or hinny.

3. "Equine activity" means:

a. An equine show, fair, competition, performance, or parade that involves any

breed of equine in any equine discipline, including dressage, a hunter and jumper

horse show, grand prix jumping, a three-day event, combined training, a rodeo,

driving, pulling, cutting, polo, steeplechasing, endurance, trail riding, guided trail

rides, pleasure trail riding, wagon and buggy rides, and western games and

hunting;

b. An equine training or teaching activity;

c. Boarding an equine;

d. Riding, inspecting, or evaluating an equine belonging to another whether or not

the owner has received some monetary consideration or other thing of value for

the use of the equine or is permitting a prospective purchaser of the equine to

ride, inspect, or evaluate the equine; and

e. A ride, trip, hunt, or other equine activity of any type however informal or

impromptu that is sponsored by an equine activity sponsor.

4. "Equine activity sponsor" means an individual, group, club, partnership, corporation, or

limited liability company, whether or not the sponsor is operating for profit or nonprofit,

which sponsors, organizes, or provides the facility for an equine activity including a

pony club, 4-H club, hunt club, riding club, school or college-sponsored class or

program, therapeutic riding program, and an operator, instructor, or promoter of an

equine facility including but not limited to a stable, clubhouse, pony ride string, fair, or

arena at which the activity is held.

5. "Equine professional" means a person engaged for compensation in:

a. Instructing a participant or renting to a participant an equine for the purpose of

riding, driving, or being a passenger upon an equine; or

b. In renting equipment or tack to a participant.

6. "Participant" means any person, whether amateur or professional, who directly

engages in an equine activity, whether or not a fee is paid to participate in the equine

activity.
N.D. Cent. Code § 53-06.1-03.4 — ND Code / Title 53 / Chapter 53-06.1 / Section 53-06.1-03.4
53-06.1-03.4. Electronic video gaming devices - Limit on rent
Status: in_force

53-06.1-03.4. Electronic video gaming devices - Limit on rent

Disapproved by R.M. December 5, 1989, S.L. 1991, ch. 744.
N.D. Cent. Code § 53-06.2-13 — ND Code / Title 53 / Chapter 53-06.2 / Section 53-06.2-13
53-06.2-13. Duty of attorney general to participate in certain hearings and to conduct investigations - Employment of private counsel by commission
Status: in_force

53-06.2-13. Duty of attorney general to participate in certain hearings and to conduct

investigations - Employment of private counsel by commission.

1. The attorney general shall represent the state in all hearings before the commission

and shall prosecute all criminal proceedings arising from violations of this chapter. The

attorney general may require payment for any services rendered to the racing

commission. Payment for the services must be deposited in the attorney general's

operating fund. The commission may employ private counsel for adoption of rules and

to ensure that its hearings are conducted fairly.

2. a. The attorney general may audit and investigate service providers, totalizator

companies, site operators, or organizations applying to conduct or conducting

pari-mutuel wagering. The attorney general may:

(1) Inspect all sites in which pari-mutuel wagering is conducted.

(2) Inspect all pari-mutuel wagering equipment and supplies.

(3) Seize, remove, or impound any pari-mutuel equipment, supplies, or books

and records for the purpose of examination and inspection.

(4) Inspect, examine, photocopy, and audit all books and records.

b. The commission shall reimburse the attorney general for auditing and

investigation. Payment for auditing and investigation must be deposited in the

attorney general's operating fund.
N.D. Cent. Code § 53-01-19 — ND Code / Title 53 / Chapter 53-01 / Section 53-01-19
53-01-19. Penalty
Status: in_force

53-01-19. Penalty

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

class B misdemeanor.
N.D. Cent. Code § 53-06.2-14 — ND Code / Title 53 / Chapter 53-06.2 / Section 53-06.2-14
53-06.2-14. Denial, suspension, and revocation of licenses - Reasons
Status: in_force

53-06.2-14. Denial, suspension, and revocation of licenses - Reasons

The commission may deny, suspend, or revoke licenses under the certificate system and

privileges granted by it, and it may terminate racing privileges for just cause. Actions constituting

just cause include:

1. Any action or attempted action by a person contrary to any law.

2. Corrupt practices, which include:

a. Prearranging or attempting to prearrange the order of finish of a race.

b. Failing to properly pay winnings to a bettor or to properly return change to a

bettor purchasing a ticket.

c. Falsifying or manipulating the odds on any entrant in a race.

3. Any violation of the rules of racing adopted by the commission.

4. Willful falsification or misstatement of fact in an application for racing privileges.

5. Material false statement to a racing official or to the commission.

6. Willful disobedience of a commission order or of a lawful order of a racing official other

than a commission member.

7. Continued failure or inability to meet financial obligations connected with racing meets.

8. Failure or inability to properly maintain a racetrack.
N.D. Cent. Code § 53-08-06 — ND Code / Title 53 / Chapter 53-08 / Section 53-08-06
53-08-06. Duty of care or liability for injury
Status: in_force

53-08-06. Duty of care or liability for injury

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 that person's

use of such land and in that person's activities thereon.
N.D. Cent. Code § 53-06.1-01.1 — ND Code / Title 53 / Chapter 53-06.1 / Section 53-06.1-01.1
53-06.1-01.1. Gaming commission
Status: in_force

53-06.1-01.1. Gaming commission

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 expires, the governor may make an interim

appointment, and the interim appointee holds office until the senate confirms or rejects

the appointment. A member appointed to fill a vacancy arising from other than the

natural expiration of a term serves only for the unexpired portion of the term. The

terms of the commissioners must be staggered so no more than two terms expire each

July first.

2. A person is ineligible for appointment to the commission if that person has not been a

resident of this state for at least two years before the date of appointment. A person is

also ineligible if that person is not of such character and reputation as to promote

public confidence in the administration of gaming in this state. A person is also

ineligible if that person has been convicted of a felony criminal offense or has pled

guilty or been found guilty of any violation of chapter 12.1-06, 12.1-08, 12.1-09,

12.1-10, 12.1-11, 12.1-12, 12.1-22, 12.1-23, 12.1-24, 12.1-28, 53-06.1, or 53-06.2, or

has pled guilty or been found guilty of any violation of section 6-08-16 or 6-08-16.2, or

has pled guilty or been found guilty of any offense or violation that has a direct bearing

on the person's fitness to be involved in gaming, or who has committed an equivalent

offense or violation of the laws of another state or of the United States. A person who

has a financial interest in gaming or is an employee or a member of the gaming

committee of a licensed organization or distributor cannot be a member of the

commission. For the purpose of this subsection, a financial interest includes the

receiving of any direct payment from an eligible organization for property, services, or

facilities provided to that organization.

3. Commission members are entitled to seventy-five dollars per day for compensation for

each day spent on commission duties and mileage and expense reimbursement as

allowed to other state employees.

4. The commission shall adopt rules in accordance with chapter 28-32, to administer and

regulate the gaming industry, including methods of conduct, play, and promotion of

games; minimum procedures and standards for recordkeeping and internal control;

requiring tax returns and reports from organizations or distributors; methods of

competition and doing business by distributors and manufacturers; acquisition and use

of gaming equipment; quality standards or specifications for the manufacture of pull

tabs, paper bingo cards, electronic pull tab devices, pull tab dispensing devices, bingo

card marking devices, and fifty-fifty raffle systems; to ensure that net proceeds are

used for educational, charitable, patriotic, fraternal, religious, or public-spirited uses; to

protect and promote the public interest; to ensure fair and honest games; to ensure

that fees and taxes are paid; and to prevent and detect unlawful gambling activity.
N.D. Cent. Code § 53-06.2-08 — ND Code / Title 53 / Chapter 53-06.2 / Section 53-06.2-08
53-06.2-08. License authorization and fees
Status: in_force

53-06.2-08. License authorization and fees

1. Each license issued under the certificate system must describe the place, track, or

racecourse at which the licensee may hold races. Every license must specify the

number of days the licensed races may continue, the hours during which racing may

be conducted, and the number of races that may be held each day. Races authorized

under this chapter may be held during the hours approved by the commission and

within the hours permitted by state law.

2. The commission may charge a license fee for racing commensurate with the size and

attendance of the race meet.

3. Each applicant for a license under this chapter shall give bond or a letter of credit

payable to this state with good security as approved by the commission. The bond or

letter of credit must be in the amount the commission determines will adequately

protect the amount normally due and owing to this state in a regular payment period

or, in the case of new or altered conditions, based on the projected revenues.

4. The commission may grant licenses to horse owners, jockeys, riders, agents, trainers,

grooms, stable foremen, exercise workers, veterinarians, valets, concessionaires,

service providers, employees of racing associations, and such other persons as

determined by the commission. Licensure of service providers, totalizator companies,

site operators, and organizations applying to conduct or conducting pari-mutuel

wagering must be approved by the attorney general. The attorney general may not

grant a license denied by the commission. License fees are as established by the

commission.

5. The commission may establish the period of time for which licenses issued under this

chapter are valid.

6. The commission shall deposit all fees collected under this section in the racing

commission operating fund. Subject to legislative appropriation, the commission may

spend the fees for operating costs of the commission.
N.D. Cent. Code § 53-01-08 — ND Code / Title 53 / Chapter 53-01 / Section 53-01-08
53-01-08. Biennial report to governor
Status: repealed

53-01-08. Biennial report to governor

Repealed by S.L. 1991, ch. 543, § 8.
N.D. Cent. Code § 53-08-01 — ND Code / Title 53 / Chapter 53-08 / Section 53-08-01
53-08-01. Definitions
Status: in_force

53-08-01. Definitions

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.

2. "Commercial purpose" means a deliberative decision of an owner to invite or permit

the use of the owner's property for normal business transactions, including the buying

and selling of goods and services. The term includes any decision of an owner to invite

members of the public onto the premises for recreational purposes as a means of

encouraging business transactions or directly improving the owner's commercial

activities other than through good will. "Commercial purpose" does not include the

operation of public lands by a public entity except any direct activity for which there is

a charge for goods or services.

3. "Land" includes all public and private land, roads, water, watercourses, and ways and

buildings, structures, and machinery or equipment thereon.

4. "Owner" includes tenant, lessee, occupant, or person in control of the premises.

5. "Recreational purposes" includes any activity engaged in for the purpose of exercise,

relaxation, pleasure, or education.
N.D. Cent. Code § 53-06.2-09 — ND Code / Title 53 / Chapter 53-06.2 / Section 53-06.2-09
53-06.2-09. Allotment of racing days
Status: in_force

53-06.2-09. Allotment of racing days

If an applicant is eligible to receive a license under this chapter, the commission shall fix the

racing days that are allotted to that applicant and issue a license for the holding of racing meets.
N.D. Cent. Code § 53-05-03 — ND Code / Title 53 / Chapter 53-05 / Section 53-05-03
53-05-03. Exhibitions - Filing
Status: in_force

53-05-03. Exhibitions - Filing

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, or entertainment in which motor power is not used, before producing or exhibiting

the same shall file with the county auditor of the county in which such performance or exhibition

is to take place:

1. A copy of the contract, if any, under which such exhibition, amusement, or

entertainment will be given; and

2. The correct post-office address of the principal place of business of the person

producing the same.
N.D. Cent. Code § 53-04-05 — ND Code / Title 53 / Chapter 53-04 / Section 53-04-05
53-04-05. Administering and enforcing provisions of chapter - Confiscation of machines and devices
Status: in_force

53-04-05. Administering and enforcing provisions of chapter - Confiscation of

machines and devices.

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 for gambling.
N.D. Cent. Code § 53-02-04 — ND Code / Title 53 / Chapter 53-02 / Section 53-02-04
53-02-04. Refusal of permit - Reasons in writing - Appeal
Status: repealed

53-02-04. Refusal of permit - Reasons in writing - Appeal

Repealed by S.L. 1983, ch. 544, § 3.
N.D. Cent. Code § 53-09-11 — ND Code / Title 53 / Chapter 53-09 / Section 53-09-11
53-09-11. Warning to users
Status: in_force

53-09-11. Warning to users

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 TO USERS North Dakota law severely limits your right to compensation for injuries

caused by the negligence of the owner or operator.
N.D. Cent. Code § 53-09-08 — ND Code / Title 53 / Chapter 53-09 / Section 53-09-08
53-09-08. Liability of passengers
Status: in_force

53-09-08. Liability of passengers

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 to the

loss or damage suffered by the passenger.
N.D. Cent. Code § 53-06.1-01.2 — ND Code / Title 53 / Chapter 53-06.1 / Section 53-06.1-01.2
53-06.1-01.2. Duty of attorney general to participate in certain hearings - Employment of private counsel by commission
Status: repealed

53-06.1-01.2. Duty of attorney general to participate in certain hearings - Employment

of private counsel by commission.

Repealed by S.L. 1997, ch. 428, § 21.
N.D. Cent. Code § 53-09-02 — ND Code / Title 53 / Chapter 53-09 / Section 53-09-02
53-09-02. Definitions
Status: in_force

53-09-02. Definitions

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 double reversible tramway; chairlift or gondola lift;

t-bar lift, j-bar lift, platter lift, or similar device; or a fiber rope tow.

2. "Passenger" means any person who is lawfully using an aerial passenger tramway or

is waiting to embark or has recently disembarked from an aerial passenger tramway

and is in its immediate vicinity.

3. "Ski area" means property owned or leased and under the control of the ski area

operator and administered as a single enterprise within the state of North Dakota.

4. "Ski area operator" means any person, partnership, corporation, limited liability

company, or other commercial entity and their agents, officers, managers, employees,

or representatives, who has operational responsibility for any ski area or aerial

passenger tramway.

5. "Ski slopes and trails" means those areas designed by the ski area operator to be

used by skiers for the purpose of participating in the sport of skiing.

6. "Skier" means any person present at a skiing area under the control of the ski operator

for the purpose of engaging in the sport of skiing by utilizing the ski slopes and trails

and does not include the use of an aerial passenger tramway.

7. "Skiing area" means all slopes and trails not including any aerial passenger tramway.
N.D. Cent. Code § 53-02-13 — ND Code / Title 53 / Chapter 53-02 / Section 53-02-13
53-02-13. Failure of officers to enforce - Ground for removal
Status: repealed

53-02-13. Failure of officers to enforce - Ground for removal

Repealed by omission from this code.
N.D. Cent. Code § 53-01-05 — ND Code / Title 53 / Chapter 53-01 / Section 53-01-05
53-01-05. Boxing and wrestling commissioner - Appointment - Duties - Salary - Expenses
Status: repealed

53-01-05. Boxing and wrestling commissioner - Appointment - Duties - Salary -

Expenses.

Repealed by S.L. 1971, ch. 484, § 13.
N.D. Cent. Code § 53-06.1-06 — ND Code / Title 53 / Chapter 53-06.1 / Section 53-06.1-06
53-06.1-06. Persons permitted to conduct games - Equipment
Status: in_force

53-06.1-06. Persons permitted to conduct games - Equipment

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 member of an auxiliary organization. In conducting

pull tabs or prize boards through a dispensing device, selling pull tabs through a

pull-tab device, selling raffle tickets, or conducting sports pools, the attorney general

may allow an employee of an alcoholic beverage establishment to provide limited

assistance to an organization.

2. Except when authorized by the attorney general or allowed by the gaming rules, an

eligible organization shall procure gaming equipment only from a licensed distributor.

No equipment or prizes may be purchased at an excessive price.

3. An organization and distributor shall maintain complete, accurate, and legible bank

and accounting records in North Dakota for all gaming activity and establish a system

of internal control as prescribed by rule. The governing board of an eligible

organization is primarily responsible and may be held accountable for the proper

determination and use of net proceeds. If an organization does not renew its license or

its license is denied, relinquished, or revoked and it has not disbursed all of its net

proceeds, the organization shall file an action plan as prescribed by the gaming rules

with the attorney general.

4. The value of a merchandise prize awarded in a game is its retail price, excluding sales

tax.

5. A person is restricted from being involved in gaming and the attorney general shall

conduct a criminal history record check as follows:

a. (1) A person who has pled guilty to or been found guilty of a felony offense as

defined by the laws of this state, other states, or the federal government, or

has pled guilty to or been found guilty of a violation of this chapter, a gaming

rule, chapter 12.1-28 or 53-06.2, or offenses of other states or the federal

government equivalent to offenses defined in these chapters, regardless of

whether the person has completed or received a deferred imposition of

sentence or suspended sentence, may not be a licensed distributor, be an

investor in or board member or consultant to a licensed distributor, or be

employed by a licensed distributor, and may not be employed by a licensed

organization to conduct games, for five years from the date of conviction,

release from incarceration, or expiration of parole or probation, whichever is

the latest.

(2) Paragraph 1 does not apply if the offense to which the person pled guilty or

has been found guilty is a misdemeanor and the person has received a

deferred imposition of sentence and has fully complied with the terms of the

deferral.

b. A person who has pled guilty to or been found guilty of a misdemeanor offense in

violation of section 6-08-16.1 or chapter 12.1-06, 12.1-23, or 12.1-24 or offenses

of other states, the federal government, or a municipality equivalent to these

offenses, regardless if the person has completed or received a suspended

sentence, may not be a licensed distributor or be employed by a licensed

distributor, and may not be employed by a licensed organization to conduct

games, for two years from the date of conviction, release from incarceration, or

expiration of parole or probation, whichever is the latest, unless the person has

received a deferred imposition of sentence and has fully complied with the terms

of the deferral.

c. Unless an employee is exempt by the gaming rules or attorney general, the

attorney general shall conduct a criminal history record check of each employee

of a licensed organization or distributor and charge a fee prescribed by section
N.D. Cent. Code § 53-06.2-10.1 — ND Code / Title 53 / Chapter 53-06.2 / Section 53-06.2-10.1
53-06.2-10.1. Simulcast wagering
Status: in_force

53-06.2-10.1. Simulcast wagering

In addition to racing under the certificate system, as authorized by this chapter, and

conducted upon the premises of a racetrack, simulcast pari-mutuel and account wagering may

be conducted in accordance with this chapter or rules adopted by the commission under this

chapter in accordance with chapter 28-32. Any organization qualified under section 53-06.2-06

to conduct racing may make written application to the commission for the conduct of simulcast

pari-mutuel and account wagering on races held at licensed racetracks inside the state or

racetracks outside the state, or both. Licensure of service providers, totalizator companies, site

operators, or organizations applying to conduct or conducting simulcast or account wagering

must be approved by the attorney general. The attorney general may not grant a license denied

by the commission. Notwithstanding any other provision of this chapter, the commission may

authorize any licensee to participate in interstate or international combined wagering pools with

one or more other racing jurisdictions. Anytime that a licensee participates in an interstate or

international combined pool, the licensee, as prescribed by the commission, may adopt the

take-out of the host jurisdiction or facility. The commission may permit a licensee to use one or

more of its races or simulcast programs for an interstate or international combined wagering

pool at locations outside its jurisdiction and may allow pari-mutuel pools in other states to be

combined with pari-mutuel pools in its jurisdiction for the purpose of establishing an interstate or

international combined wagering pool. The participation by a licensee in a combined interstate

or international wagering pool does not cause that licensee to be considered to be doing

business in any jurisdiction other than the jurisdiction in which the licensee is physically located.

Pari-mutuel taxes or commissions may not be imposed on any amounts wagered in an

interstate or international combined wagering pool other than amounts wagered within this

jurisdiction. The certificate system also permits pari-mutuel wagering to be conducted through

account wagering. As used in this section, "account wagering" means a form of pari-mutuel

wagering in which an individual deposits money in an account and uses the account balance to

pay for pari-mutuel wagers. An account wager made on an account established in this state may

only be made through the licensed simulcast service provider approved by the attorney general

and authorized by the commission to operate the simulcast pari-mutuel wagering system under

the certificate system. The attorney general may not grant a license denied by the commission.

An account wager may be made in person, by direct telephone communication, or through other

electronic communication in accordance with rules adopted by the commission. Breakage for

interstate or international combined wagering pools must be calculated in accordance with the

statutes or rules of the host jurisdiction and must be distributed among the participating

jurisdictions in a manner agreed to among the jurisdictions.
N.D. Cent. Code § 53-03-02 — ND Code / Title 53 / Chapter 53-03 / Section 53-03-02
53-03-02. Carnivals - When permitted - Prohibitions
Status: in_force

53-03-02. Carnivals - When permitted - Prohibitions

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

shall have in the person's possession a written contract and permit from the governing body of

the municipality or the fair board of the fair association where such carnival is set up and

operated, setting forth the conditions under which such carnival must be operated.
N.D. Cent. Code § 53-02-11 — ND Code / Title 53 / Chapter 53-02 / Section 53-02-11
53-02-11. Notice as to minors - Posting required
Status: repealed

53-02-11. Notice as to minors - Posting required

Repealed by omission from this code.
N.D. Cent. Code § 53-04.1-05 — ND Code / Title 53 / Chapter 53-04.1 / Section 53-04.1-05
53-04.1-05. Permitted locations
Status: in_force

53-04.1-05. Permitted locations

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.
N.D. Cent. Code § 53-02-08 — ND Code / Title 53 / Chapter 53-02 / Section 53-02-08
53-02-08. Officer of law to be in attendance at public dance, music festival, or public concert
Status: in_force

53-02-08. Officer of law to be in attendance at public dance, music festival, or public

concert.

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, music festival,

or public concert so that law and order are there maintained. The sheriff or the chief peace

officer shall determine the number, if any, of deputy sheriffs, special officers, or licensed private

security officers needed to police the dance, music festival, or public concert properly. The

person conducting the dance, music festival, or public concert, before the dance, music festival,

or public concert is held, shall pay to the sheriff, peace officer, or licensed private security

provider the expense of any deputy sheriff, special officer, or licensed private security officer

required for the proper policing of the dance, music festival, or public concert, and no dance,

music festival, or public concert may be permitted to proceed unless the officer or officers are

present and the fees are paid. The holding of a dance, music festival, or public concert without

giving notice of the dance, music festival, or public concert to the sheriff of the county or the

peace officer of the city, and without making provision for the policing of the dance, music

festival, or public concert, is unlawful. No person, directly or indirectly interested or concerned in

the giving, holding, or conducting of a public dance, music festival, or public concert, or

connected with the person conducting the same, is eligible to appointment under this section as

a special officer.
N.D. Cent. Code § 53-06.1-15.3 — ND Code / Title 53 / Chapter 53-06.1 / Section 53-06.1-15.3
53-06.1-15.3. Exchange and secrecy of information regarding the internal revenue service
Status: repealed

53-06.1-15.3. Exchange and secrecy of information regarding the internal revenue

service.

Repealed by S.L. 1997, ch. 428, § 21.
N.D. Cent. Code § 53-12.1-04 — ND Code / Title 53 / Chapter 53-12.1 / Section 53-12.1-04
53-12.1-04. Advisory commission - Penalty
Status: in_force

53-12.1-04. Advisory commission - Penalty

1. There is created the lottery advisory commission, which is composed of five members,

three of whom are legislators selected by the chairman of the legislative management

and two of whom are selected by the attorney general. The term of office is three

years, expiring on June thirtieth with no more than two terms expiring in any one year.

Each member must be a citizen of the United States and a resident of this state. A

chairman of the commission must be chosen annually from the membership of the

commission by a majority of its members at the first meeting of the commission each

fiscal year. A member may serve as chairman for more than one year.

2. The lottery advisory commission shall meet at least once a quarter and any additional

meetings as the chairman deems necessary. Special meetings may be called by the

chairman upon the written request of the director or any three members of the

commission.

3. The lottery advisory commission shall advise the director and attorney general on

policy and general operation of the lottery and shall serve as the audit committee.

4. A member of the lottery advisory commission who is not a permanent full-time state

employee is to be compensated at a rate of seventy-five dollars per day and entitled to

mileage and expenses as provided by law for state employees. A state employee who

is a member of the commission must receive that employee's regular salary and is

entitled to mileage and expenses, to be paid by the employing agency.

5. No member of the lottery advisory commission, employee of the lottery, or any

individual who regularly resides in the same household as either of those individuals

may directly or indirectly, individually, as a partner of a partnership, or a stockholder,

director, or officer of a corporation, have an interest in the gaming system or

advertising agency vendor of the lottery. A knowing violation of this subsection is a

class B misdemeanor.
N.D. Cent. Code § 53-04.1-03 — ND Code / Title 53 / Chapter 53-04.1 / Section 53-04.1-03
53-04.1-03. License - Fees - Application - Suspension - Revocation
Status: in_force

53-04.1-03. License - Fees - Application - Suspension - Revocation

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 dollar

license fee.

The license application must be signed and sworn to by the applicant and must contain the

following:

1. The name and post-office address of the applicant.

2. The location at which the organization will conduct the amusement games or devices

or bingo, whether the organization owns or leases the premises, and a copy of the

rental agreement if it leases the premises.

3. A statement of the applicant's previous history and association sufficient to establish

the applicant is an eligible organization.

4. A statement of the educational, charitable, patriotic, fraternal, religious, or other

public-spirited uses to which the net proceeds of an amusement game or device or

bingo will be devoted.

5. Such other reasonable and necessary information as the attorney general may

require.

The attorney general shall license applicant organizations which conform to the requirements of

this chapter to conduct amusement games or devices or bingo. In addition, the attorney general

may, on the attorney general's own motion based on reasonable grounds or on written

complaint, suspend or revoke a license in accordance with chapter 28-32 for violation, by the

licensee or other officer, director, agent, member, or employee of such licensee, of this chapter

or any rule adopted pursuant to this chapter. Each amusement game or device must be licensed

by the attorney general's office in accordance with chapter 53-04.
N.D. Cent. Code § 53-01-02 — ND Code / Title 53 / Chapter 53-01 / Section 53-01-02
53-01-02. Administration by secretary of state - Appointment of commission of combative sports
Status: in_force

53-01-02. Administration by secretary of state - Appointment of commission of

combative sports.

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, mixed

fighting style competition, and sparring. The secretary of state shall define the duties of the

commission. Commission members are not entitled to compensation, except for reimbursement

for actual and necessary expenses at the same rate as allowed state employees incurred in

performing their official duties.
N.D. Cent. Code § 53-06.1-12.1 — ND Code / Title 53 / Chapter 53-06.1 / Section 53-06.1-12.1
53-06.1-12.1. Deposits
Status: repealed

53-06.1-12.1. Deposits

Repealed by S.L. 1997, ch. 428, § 21.