reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 5. Gambling › Part 1. General Provisions, Proceedings, and Penalties › 23-5-119. Appropriate alcoholic beverage license for certain gambling activities

23-5-119. Appropriate alcoholic beverage license for certain gambling activities.
(1) Except as provided in subsection (3), to be eligible to offer gambling under Title 23, chapter 5, part 3, 5, or 6, an applicant must own in the applicant's name:
(a) a retail all-beverages license issued under 16-4-201, but the owner of a license transferred after July 1, 2007, pursuant to 16-4-204 is not eligible to offer gambling;
(b) except as provided in subsection (1)(c), a license issued prior to October 1, 1997, under 16-4-105, authorizing the sale of beer and wine for consumption on the licensed premises;
(c) a beer and wine license issued in an area outside of an incorporated city or town as provided in 16-4-105(1)(f). The owner of the license whose premises are situated outside of an incorporated city or town may offer gambling, regardless of when the license was issued, if the owner and premises qualify under Title 23, chapter 5, part 3, 5, or 6.
(d) a retail beer and wine license issued under 16-4-109;
(e) a resort retail all-beverages license issued under 16-4-213; or
(f) a retail all-beverages license issued under 16-4-208.
(2) For purposes of subsection (1)(b), a license issued under 16-4-105 prior to October 1, 1997, may be transferred to a new owner or to a new location or transferred to a new owner and location by the department of revenue pursuant to the applicable provisions of Title 16. The owner of the license that has been transferred may offer gambling if the owner and the premises qualify under Title 23, chapter 5, part 3, 5, or 6.
(3) Lessees of retail all-beverages licenses issued under 16-4-208 or beer and wine licenses issued under 16-4-109 who have applied for and been granted a gambling operator's license under 23-5-177 are eligible to offer and may be granted permits for gambling authorized under Title 23, chapter 5, part 3, 5, or 6.
(4) A license transferee or a qualified purchaser operating pending final approval under 16-4-433 who has been granted a gambling operator's license under 23-5-177 may be granted permits for gambling under Title 23, chapter 5, part 3, 5, or 6.
(5) A license issued under a competitive bidding process as provided in 16-4-430 is not eligible to offer gambling under Title 23, chapter 5, part 3, 5, or 6.
History: En. Sec. 5, Ch. 465, L. 1997; amd. Sec. 1, Ch. 263, L. 1999; amd. Sec. 9, Ch. 110, L. 2003; amd. Sec. 2, Ch. 277, L. 2007; amd. Sec. 49, Ch. 2, L. 2009; amd. Sec. 15, Ch. 5, Sp. L. November 2017; amd. Sec. 11, Ch. 336, L. 2019; amd. Sec. 10, Ch. 342, L. 2019; amd. Sec. 6, Ch. 28, L. 2023.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 5. Gambling › Part 1. General Provisions, Proceedings, and Penalties › 23-5-121. Repealed

23-5-121. Repealed.
Sec. 68, Ch. 642, L. 1989.
History: En. Sec. 8, Ch. 115, L. 1907; Sec. 8423, Rev. C. 1907; re-en. Sec. 11166, R.C.M. 1921; re-en. Sec. 11166, R.C.M. 1935; Sec. 94-2410, R.C.M. 1947; redes. 94-8-410 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 94-8-410; amd. Sec. 3, Ch. 503, L. 1983.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 5. Gambling › Part 1. General Provisions, Proceedings, and Penalties › 23-5-122. Repealed

23-5-122. Repealed.
Sec. 68, Ch. 642, L. 1989.
History: En. Sec. 9, Ch. 115, L. 1907; Sec. 8424, Rev. C. 1907; re-en. Sec. 11167, R.C.M. 1921; re-en. Sec. 11167, R.C.M. 1935; Sec. 94-2411, R.C.M. 1947; redes. 94-8-411 by Sec. 29, Ch. 513, L. 1973; amd. Sec. 21, Ch. 508, L. 1977; R.C.M. 1947, 94-8-411.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 5. Gambling › Part 1. General Provisions, Proceedings, and Penalties › 23-5-123. Disposal of fines and penalties for violation of gambling laws

23-5-123. Disposal of fines and penalties for violation of gambling laws.
All fines and penalties collected by criminal, civil, or administrative process for a violation of a provision of parts 1 through 8 of this chapter or a rule of the department must be deposited in the state general fund.
History: En. Sec. 1, Ch. 25, L. 1933; re-en. Sec. 11167.1, R.C.M. 1935; Sec. 94-2412, R.C.M. 1947; redes. 94-8-412 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 94-8-412; amd. Sec. 9, Ch. 642, L. 1989; amd. Sec. 8, Ch. 398, L. 1993; amd. Sec. 10, Ch. 13, Sp. L. August 2002; amd. Sec. 9, Ch. 134, L. 2005.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 5. Gambling › Part 1. General Provisions, Proceedings, and Penalties › 23-5-124. Repealed

23-5-124. Repealed.
Sec. 68, Ch. 642, L. 1989.
History: En. Sec. 11, Ch. 115, L. 1907; Sec. 8426, Rev. C. 1907; re-en. Sec. 11169, R.C.M. 1921; re-en. Sec. 11169, R.C.M. 1935; Sec. 94-2414, R.C.M. 1947; redes. 94-8-414 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 94-8-414.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 5. Gambling › Part 1. General Provisions, Proceedings, and Penalties › 23-5-125. Repealed

23-5-125. Repealed.
Sec. 68, Ch. 642, L. 1989.
History: En. Sec. 12, Ch. 115, L. 1907; Sec. 8427, Rev. C. 1907; re-en. Sec. 11170, R.C.M. 1921; re-en. Sec. 11170, R.C.M. 1935; Sec. 94-2415, R.C.M. 1947; redes. 94-8-415 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 94-8-415.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 5. Gambling › Part 1. General Provisions, Proceedings, and Penalties › 23-5-126. Repealed

23-5-126. Repealed.
Sec. 68, Ch. 642, L. 1989.
History: En. Sec. 13, Ch. 115, L. 1907; Sec. 8428, Rev. C. 1907; re-en. Sec. 11171, R.C.M. 1921; re-en. Sec. 11171, R.C.M. 1935; Sec. 94-2416, R.C.M. 1947; redes. 94-8-416 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 94-8-416.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 5. Gambling › Part 1. General Provisions, Proceedings, and Penalties › 23-5-127. Repealed

23-5-127. Repealed.
Sec. 68, Ch. 642, L. 1989.
History: En. Sec. 14, Ch. 115, L. 1907; Sec. 8429, Rev. C. 1907; re-en. Sec. 11172, R.C.M. 1921; Cal. Pen. C. Sec. 337; re-en. Sec. 11172, R.C.M. 1935; Sec. 94-2417, R.C.M. 1947; redes. 94-8-417 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 94-8-417.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 5. Gambling › Part 1. General Provisions, Proceedings, and Penalties › 23-5-128. Distributor's license -- fees

23-5-128. Distributor's license -- fees.
(1) It is a misdemeanor for a person to conduct business as a distributor without first obtaining a distributor's license from the department.
(2) Except as provided in subsection (6), the department shall charge an annual license fee of $1,000 for issuing or renewing a distributor's license. The department shall retain the fee for administrative purposes.
(3) A distributor's license expires June 30 of each year, and the license fee may not be prorated.
(4) Except as provided in subsection (6), the department may charge an additional, one-time license application processing fee to cover the actual cost of processing the original license. The department shall refund any amount of the application processing fee not needed to reimburse the department for actual costs or shall collect an amount sufficient to reimburse the department for actual costs not completely covered by the initial fee charged.
(5) The department shall retain for administrative purposes the license and application processing fees collected under this section.
(6) The department may waive the license fee provided for in subsection (2) if the applicant is licensed as a manufacturer or route operator and may waive the application processing fee provided for in subsection (4) if the applicant is licensed as a manufacturer, route operator, or operator.
History: En. Sec. 14, Ch. 626, L. 1993.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 5. Gambling › Part 1. General Provisions, Proceedings, and Penalties › 23-5-129. Route operator's license -- fees

23-5-129. Route operator's license -- fees.
(1) It is a misdemeanor for a person to conduct business as a route operator without first obtaining a route operator's license from the department.
(2) Except as provided in subsection (6), the department shall charge an annual license fee of $1,000 for issuing or renewing a route operator's license. The department shall retain the fee for administrative purposes.
(3) A route operator's license expires June 30 of each year, and the license fee may not be prorated.
(4) Except as provided in subsection (6), the department may charge an additional, one-time license application processing fee to cover the actual cost of processing the original license. The department shall refund any amount of the application processing fee not needed to reimburse the department for actual costs or shall collect an amount sufficient to reimburse the department for actual costs not completely covered by the initial fee charged.
(5) The department shall retain for administrative purposes the license and application processing fees collected under this section.
(6) The department may waive the license fee provided for in subsection (2) if the applicant is licensed as a manufacturer or distributor and may waive the application processing fee provided for in subsection (4) if the applicant is licensed as a manufacturer, distributor, or operator.
History: En. Sec. 15, Ch. 626, L. 1993.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 5. Gambling › Part 1. General Provisions, Proceedings, and Penalties › 23-5-130. Allowable compensation for route operator

23-5-130. Allowable compensation for route operator.
The compensation that a licensed route operator may receive for leasing a video gambling machine to a licensed operator is limited to a set fee or a percentage of gross machine income, or both a set fee and percentage amount. The route operator may not assume responsibility for any expenses of the operator's business except for expenses associated with:
(1) paying video gambling machine permit fees and taxes;
(2) conducting video gambling machine promotional activities;
(3) maintaining and repairing video gambling machines;
(4) supplying funds to allow an operator to exchange a player's money for other coin or currency for operating a video gambling machine and to pay out prizes won by players;
(5) providing accounting and recordkeeping services for video gambling machines; and
(6) other activities, if allowed by department rule.
History: En. Sec. 16, Ch. 626, L. 1993.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 5. Gambling › Part 1. General Provisions, Proceedings, and Penalties › 23-5-131. Losses at illegal gambling may be recovered in civil action

23-5-131. Losses at illegal gambling may be recovered in civil action.
A person, or the person's dependent or guardian, who, by playing or betting at an illegal gambling device or illegal gambling enterprise, loses money, property, or any other thing of value and pays and delivers it to another person connected with the operation or conduct of the illegal gambling device or illegal gambling enterprise, within 1 year following the person's loss, may:
(1) bring a civil action in a court of competent jurisdiction to recover the loss;
(2) recover the costs of the civil action and exemplary damages of no less than $500 and no more than $5,000; and
(3) join as a defendant any person having an interest in the illegal gambling device or illegal gambling enterprise.
History: En. Sec. 15, Ch. 115, L. 1907; Sec. 8430, Rev. C. 1907; re-en. Sec. 11173, R.C.M. 1921; re-en. Sec. 11173, R.C.M. 1935; Sec. 94-2418, R.C.M. 1947; redes. 94-8-418 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 94-8-418; amd. Sec. 13, Ch. 642, L. 1989; amd. Sec. 368, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 5. Gambling › Part 1. General Provisions, Proceedings, and Penalties › 23-5-132. Repealed

23-5-132. Repealed.
Sec. 68, Ch. 642, L. 1989.
History: En. Sec. 16, Ch. 115, L. 1907; Sec. 8431, Rev. C. 1907; re-en. Sec. 11174, R.C.M. 1921; re-en. Sec. 11174, R.C.M. 1935; Sec. 94-2419, R.C.M. 1947; redes. 94-8-419 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 94-8-419.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 5. Gambling › Part 1. General Provisions, Proceedings, and Penalties › 23-5-133. Repealed

23-5-133. Repealed.
Sec. 68, Ch. 642, L. 1989.
History: En. Sec. 17, Ch. 115, L. 1907; Sec. 8432, Rev. C. 1907; re-en. Sec. 11175, R.C.M. 1921; re-en. Sec. 11175, R.C.M. 1935; Sec. 94-2420, R.C.M. 1947; redes. 94-8-420 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 94-8-420.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 5. Gambling › Part 1. General Provisions, Proceedings, and Penalties › 23-5-134. Repealed

23-5-134. Repealed.
Sec. 68, Ch. 642, L. 1989.
History: En. Sec. 18, Ch. 115, L. 1907; Sec. 8433, Rev. C. 1907; re-en. Sec. 11176, R.C.M. 1921; re-en. Sec. 11176, R.C.M. 1935; Sec. 94-2421, R.C.M. 1947; redes. 94-8-421 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 94-8-421(part).
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 5. Gambling › Part 1. General Provisions, Proceedings, and Penalties › 23-5-135. Discharge of defendant

23-5-135. Discharge of defendant.
(1) A person against whom a civil action is brought, as provided in 23-5-131, may move to have the action against the person dismissed if the person has repaid to the person who suffered the loss or that person's dependent the gambling loss, the costs of bringing the civil action, and the exemplary damages agreed upon by the parties or assessed by the court.
(2) A civil action brought to recover gambling losses does not bar or interfere with another proceeding or action, whether criminal, civil, or administrative, that may be brought under the laws of the state.
History: En. Sec. 18, Ch. 115, L. 1907; Sec. 8433, Rev. C. 1907; re-en. Sec. 11176, R.C.M. 1921; re-en. Sec. 11176, R.C.M. 1935; Sec. 94-2421, R.C.M. 1947; redes. 94-8-421 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 94-8-421(part); amd. Sec. 14, Ch. 642, L. 1989; amd. Sec. 369, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 5. Gambling › Part 1. General Provisions, Proceedings, and Penalties › 23-5-136. Injunction and other remedies

23-5-136. Injunction and other remedies.
(1) If a person has engaged or is engaging in an act or practice constituting a violation of a provision of parts 1 through 8 of this chapter or a rule or order of the department, the department may:
(a) upon clear and convincing evidence, issue a temporary order to cease and desist from the gambling activity, act, or practice for a period not to exceed 60 days;
(b) following notice and an opportunity for hearing, and with the right of judicial review, under the Montana Administrative Procedure Act:
(i) issue a permanent order to cease and desist from the act or practice, which order remains in effect pending judicial review;
(ii) place a licensee on probation;
(iii) suspend for a period not to exceed 180 days a license or permit for the gambling activity, device, or enterprise involved in the act or practice constituting the violation;
(iv) revoke a license or permit for the gambling activity, device, or enterprise involved in the act or practice constituting the violation;
(v) impose a civil penalty not to exceed $10,000 for each violation, whether or not the person is licensed by the department; and
(vi) impose any combination of the penalties contained in this subsection (1)(b); and
(c) bring an action in district court for relief against the act or practice. The department may not be required to post a bond. On proper showing, the court may:
(i) issue a restraining order, a temporary or permanent injunction, or other appropriate writ;
(ii) suspend or revoke a license or permit; and
(iii) appoint a receiver or conservator for the defendant or the assets of the defendant.
(2) The department may issue a warrant for distraint against an operator who fails to pay a civil penalty imposed under subsection (1) or a tax imposed under 23-5-409 or 23-5-610. The department may issue the warrant for the amount of the unpaid penalty or for the amount of the unpaid tax, plus penalty and accumulated interest on the tax, and shall follow the procedures provided in 15-1-701 through 15-1-708.
(3) (a) A civil penalty imposed under this section must be collected by the department and distributed as provided in 23-5-123.
(b) If a person fails to pay the civil penalty, the amount due is a lien on the person's licensed premises and gambling devices in the state and may be recovered by the department in a civil action.
History: En. Sec. 8, Ch. 642, L. 1989; amd. Sec. 27, Ch. 647, L. 1991; amd. Sec. 9, Ch. 398, L. 1993; amd. Sec. 3, Ch. 626, L. 1993; amd. Sec. 11, Ch. 13, Sp. L. August 2002.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 5. Gambling › Part 1. General Provisions, Proceedings, and Penalties › 23-5-137. Judicial review

23-5-137. Judicial review.
(1) (a) A person aggrieved by a final order of the department may obtain a review of the order in district court by filing with the court, within 30 days after entry of the final order, a written petition requesting that the order be modified or set aside in whole or in part.
(b) A copy of the petition must be served upon the department at the same time. When the department receives the copy of the petition, it shall certify and file in court a copy of the filing, testimony, and other evidence upon which the final order was entered by the department. When these have been filed with the court, the court has exclusive jurisdiction to affirm, modify, enforce, or set aside the final order in whole or in part. A temporary cease and desist order from the department may remain in effect until a hearing has been held and a final order has been issued pursuant to 23-5-136.
(2) (a) The review must be conducted by the district court without a jury and must be confined to the record. In a case of alleged irregularity in procedure before the department not shown in the record, proof may be taken by the court. The court, upon request, shall hear oral argument and receive written briefs.
(b) The court may not substitute its judgment for that of the department as to the weight of the evidence on questions of fact. The court may affirm the decision of the department or remand the case for further proceedings. The court may reverse or modify the decision if substantial rights of the appellant have been prejudiced because the administrative findings, inferences, conclusions, or decisions are:
(i) in violation of a constitutional or statutory provision;
(ii) in excess of the statutory authority of the department;
(iii) made upon unlawful procedure;
(iv) affected by other error of law;
(v) clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record;
(vi) arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion; or
(vii) inadequate because findings of fact, upon issues essential to the decision, were requested but not made.
(3) The commencement of proceedings under this section, unless specifically ordered by the court, may not operate as a stay of the department's final order.
History: En. Sec. 12, Ch. 642, L. 1989.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 5. Gambling › Part 1. General Provisions, Proceedings, and Penalties › 23-5-138. Evidence in administrative proceedings

23-5-138. Evidence in administrative proceedings.
When conducting an administrative proceeding under parts 1 through 8 of this chapter, the department may consider hearsay evidence approved by the hearing examiner in a prehearing conference at which a determination is made that the evidence possesses sufficient guaranties of trustworthiness and does not involve a question of the credibility of a witness or of the credibility of a witness's subjective observations or analysis.
History: En. Sec. 4, Ch. 626, L. 1993.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 5. Gambling › Part 1. General Provisions, Proceedings, and Penalties › 23-5-141. Repealed

23-5-141. Repealed.
Sec. 68, Ch. 642, L. 1989.
History: En. Sec. 20, Ch. 115, L. 1907; Sec. 8435, Rev. C. 1907; re-en. Sec. 11178, R.C.M. 1921; re-en. Sec. 11178, R.C.M. 1935; Sec. 94-2423, R.C.M. 1947; redes. 94-8-423 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 94-8-423.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 5. Gambling › Part 1. General Provisions, Proceedings, and Penalties › 23-5-142. Repealed

23-5-142. Repealed.
Sec. 68, Ch. 642, L. 1989.
History: En. Sec. 21, Ch. 115, L. 1907; Sec. 8436, Rev. C. 1907; re-en. Sec. 11179, R.C.M. 1921; re-en. Sec. 11179, R.C.M. 1935; Sec. 94-2424, R.C.M. 1947; redes. 94-8-424 by Sec. 29, Ch. 513, L. 1973; amd. Sec. 23, Ch. 508, L. 1977; R.C.M. 1947, 94-8-424.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 5. Gambling › Part 1. General Provisions, Proceedings, and Penalties › 23-5-143. Repealed

23-5-143. Repealed.
Sec. 68, Ch. 642, L. 1989.
History: En. Sec. 19, Ch. 115, L. 1907; Sec. 8434, Rev. C. 1907; re-en. Sec. 11177, R.C.M. 1921; re-en. Sec. 11177, R.C.M. 1935; Sec. 94-2422, R.C.M. 1947; redes. 94-8-422 by Sec. 29, Ch. 513, L. 1973; amd. Sec. 22, Ch. 508, L. 1977; R.C.M. 1947, 94-8-422.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 5. Gambling › Part 1. General Provisions, Proceedings, and Penalties › 23-5-144. Repealed

23-5-144. Repealed.
Sec. 68, Ch. 642, L. 1989.
History: En. Sec. 7, Ch. 115, L. 1907; re-en. Sec. 8422, Rev. C. 1907; re-en. Sec. 11165, R.C.M. 1921; re-en. Sec. 11165, R.C.M. 1935; Sec. 94-2409, R.C.M. 1947; redes. 94-8-409 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 94-8-409.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 5. Gambling › Part 1. General Provisions, Proceedings, and Penalties › 23-5-151. Gambling prohibited

23-5-151. Gambling prohibited.
Except as specifically authorized by statute, all forms of public gambling, lotteries, and gift enterprises are prohibited.
History: En. Sec. 600, Pen. C. 1895; amd. Sec. 1, p. 80, L. 1897; amd. Secs. 1, 2 and 3, pp. 166, 167, L. 1901; amd. Sec. 1, Ch. 115, L. 1907; re-en. Sec. 8416, Rev. C. 1907; amd. Sec. 1, Ch. 86, L. 1917; re-en. Sec. 11159, R.C.M. 1921; Cal. Pen. C. Sec. 330; re-en. Sec. 11159, R.C.M. 1935; amd. Sec. 1, Ch. 153, L. 1937; Sec. 94-2401, R.C.M. 1947; redes. 94-8-401 by Sec. 29, Ch. 513, L. 1973; amd. Sec. 19, Ch. 508, L. 1977; R.C.M. 1947, 94-8-401; amd. Sec. 15, Ch. 642, L. 1989; Sec. 23-5-102, MCA 1987; redes. 23-5-151 by Code Commissioner, 1989.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 5. Gambling › Part 1. General Provisions, Proceedings, and Penalties › 23-5-153. Possession and sale of antique gambling devices

23-5-153. Possession and sale of antique gambling devices.
(1) Subject to the requirements of subsection (4), a person may possess, sell, purchase, or transfer an antique gambling device. The person possessing the antique gambling device bears the burden of demonstrating that the device qualifies as an antique gambling device. Proof of qualification may be demonstrated by a date on an original, authentic manufacturer's serial number plate affixed to the gambling device or by other reliable documentation.
(2) An antique gambling device may be operated only in:
(a) a licensed gambling operation when authorized by law and permitted under part 6 of this chapter; or
(b) a private residential dwelling.
(3) (a) An antique gambling device may be possessed or located for purposes of display only and not for operation:
(i) in a public or private museum; or
(ii) in any other public place if the device is inaccessible to the public or is inoperable for purposes of conducting a gambling activity.
(b) A licensed manufacturer-distributor or a person licensed under subsection (4) may possess antique gambling devices for purposes of commercially selling or otherwise supplying the devices.
(4) A person other than a licensed manufacturer-distributor may not sell more than three antique gambling devices in a 12-month period without first obtaining from the department a license for selling the antique gambling devices. The fee for the license is $50, and the license is valid for 3 years from the date that the license is issued. The fee must be retained by the department for administrative purposes.
History: En. Sec. 1, Ch. 197, L. 1949; Sec. 94-2429, R.C.M. 1947; redes. 94-8-428 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 94-8-428; (2) thru (5) En. Sec. 1, Ch. 503, L. 1983; amd. Sec. 2, Ch. 503, L. 1983; amd. Sec. 1, Ch. 364, L. 1989; amd. Secs. 22, 73, Ch. 642, L. 1989; Sec. 23-5-104, MCA 1987; redes. 23-5-153 by Code Commissioner, 1989; amd. Sec. 28, Ch. 647, L. 1991; amd. Sec. 11, Ch. 134, L. 2005; amd. Sec. 3, Ch. 429, L. 2007; amd. Sec. 4, Ch. 57, L. 2019.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 5. Gambling › Part 1. General Provisions, Proceedings, and Penalties › 23-5-154. Soliciting participation in illegal gambling activity prohibited

23-5-154. Soliciting participation in illegal gambling activity prohibited.
A person who purposely or knowingly advertises for or solicits another person to participate in an illegal gambling enterprise or use an illegal gambling device is guilty of a misdemeanor and is punishable under 23-5-161.
History: En. Sec. 5, Ch. 115, L. 1907; Sec. 8420, Rev. C. 1907; re-en. Sec. 11163, R.C.M. 1921; Cal. Pen. C. Sec. 318; re-en. Sec. 11163, R.C.M. 1935; Sec. 94-2407, R.C.M. 1947; redes. 94-8-407 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 94-8-407; amd. Sec. 17, Ch. 642, L. 1989; Sec. 23-5-108, MCA 1987; redes. 23-5-154 by Code Commissioner, 1989; amd. Sec. 29, Ch. 647, L. 1991.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 5. Gambling › Part 1. General Provisions, Proceedings, and Penalties › 23-5-155. Counterfeiting or defacing documents -- penalty

23-5-155. Counterfeiting or defacing documents -- penalty.
(1) A person commits the offense of counterfeiting or defacing a document when the person purposely or knowingly counterfeits, alters, or wrongfully displays a seal, decal, license, identification number or device, or other document issued by the department.
(2) A person convicted of the offense of counterfeiting or defacing a document is guilty of a felony and must be punished in accordance with 23-5-162.
History: En. Sec. 16, Ch. 642, L. 1989; amd. Sec. 370, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 5. Gambling › Part 1. General Provisions, Proceedings, and Penalties › 23-5-156. Offering or obtaining anything of value by fraud or operation of illegal gambling device or enterprise

23-5-156. Offering or obtaining anything of value by fraud or operation of illegal gambling device or enterprise.
(1) A person who in an activity involving gambling offers or obtains money, property, or anything of value that does not exceed $750 in value by misrepresentation, fraud, or the use of an illegal gambling device or an illegal gambling enterprise is guilty of a misdemeanor and is punishable as provided in 23-5-161.
(2) A person who in an activity involving gambling offers or obtains money, property, or anything of value that exceeds $750 in value by misrepresentation, fraud, or the use of an illegal gambling device or an illegal gambling enterprise is guilty of a felony and is punishable as provided in 23-5-162.
(3) A person who in an activity involving gambling offers or obtains money, property, or anything of value as part of a common scheme, as defined in 45-2-101, by misrepresentation, fraud, or the use of an illegal gambling device or an illegal gambling enterprise is guilty of a felony and is punishable as provided in 23-5-162.
History: En. Sec. 18, Ch. 642, L. 1989; amd. Sec. 30, Ch. 647, L. 1991; amd. Sec. 2, Ch. 252, L. 1997.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 5. Gambling › Part 1. General Provisions, Proceedings, and Penalties › 23-5-157. Gambling on cash basis -- penalties

23-5-157. Gambling on cash basis -- penalties.
(1) (a) Except as provided in subsection (1)(b), in every gambling activity the consideration paid for the chance to play must be made in cash. A check or debit card may be used to obtain cash to participate in a gambling activity. A participant shall present the cash needed to play the game as the game is being played. If a check or debit card is used to obtain cash on the premises of a licensee then it must be delivered and accepted unconditionally. A licensee or employee of a licensee may not hold a check or other evidence of indebtedness for redemption pending the outcome of a gambling activity.
(b) The consideration for the chance to participate in Calcutta pools as provided in 23-5-222, raffles as provided in 23-5-413, casino nights as provided in 23-5-702, and card games normally scored using points as provided in Title 23, chapter 5, part 3, may be paid by cash, check, or debit card.
(c) Credit gambling is prohibited. Credit gambling is offering or accepting as part of the price of participation in a gambling activity or as payment of a debt incurred in a gambling activity:
(i) a check, credit card, or debit card held pending the outcome of a gambling activity;
(ii) a loan of any kind at any time from or on behalf of a licensee;
(iii) any form of deferred payment, including a note, IOU, post-dated check, hold check, or other evidence of indebtedness; or
(iv) a check issued or delivered that is accepted by the licensee with the knowledge that it will not be paid by the depository.
(2) A person who violates this section is guilty of a criminal offense under 23-5-156 and must be punished in accordance with 23-5-161 or 23-5-162.
History: En. Sec. 19, Ch. 642, L. 1989; amd. Sec. 10, Ch. 398, L. 1993; amd. Sec. 6, Ch. 626, L. 1993; amd. Sec. 3, Ch. 252, L. 1997; amd. Sec. 3, Ch. 355, L. 2009; amd. Sec. 1, Ch. 403, L. 2017.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 5. Gambling › Part 1. General Provisions, Proceedings, and Penalties › 23-5-158. Minors not to participate -- penalty -- exception

23-5-158. Minors not to participate -- penalty -- exception.
(1) Except as provided in subsection (3), a person may not purposely or knowingly allow a person under 18 years of age to participate in a gambling activity. A person who violates this subsection is guilty of a misdemeanor and must be punished in accordance with 23-5-161.
(2) Except as provided in subsection (3), a person under 18 years of age may not purposely or knowingly participate in a gambling activity. A person who violates this subsection is subject to a civil penalty not to exceed $50 if the proceedings for violating this subsection are held in justice's, municipal, or city court. If the proceedings are held in youth court, the offender must be treated as an alleged youth in need of intervention, as defined in 41-5-103. The youth court may enter its judgment under 41-5-1512.
(3) A person under 18 years of age may sell or buy tickets for or receive prizes from a raffle conducted in compliance with 23-5-413 if proceeds from the raffle, minus administrative expenses and prizes paid, are used to support charitable activities, scholarships or educational grants, or community service projects.
History: En. Sec. 20, Ch. 642, L. 1989; amd. Sec. 31, Ch. 647, L. 1991; amd. Sec. 7, Ch. 626, L. 1993; amd. Sec. 4, Ch. 550, L. 1997.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 5. Gambling › Part 1. General Provisions, Proceedings, and Penalties › 23-5-159. Illegal sale, assignment, lease, or transfer of license -- penalty

23-5-159. Illegal sale, assignment, lease, or transfer of license -- penalty.
A licensee who purposely or knowingly sells, assigns, leases, or transfers a license or permit in violation of 23-5-110 is guilty of a misdemeanor punishable in accordance with 23-5-161.
History: En. Sec. 34, Ch. 647, L. 1991.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 5. Gambling › Part 1. General Provisions, Proceedings, and Penalties › 23-5-160. Shaking dice for drink or music or in shake-a-day game

23-5-160. Shaking dice for drink or music or in shake-a-day game.
(1) It is legal for a customer in an establishment licensed for the sale of alcoholic beverages to be consumed on the premises to shake or choose one or more dice, alone or with an owner or employee of the establishment, to determine whether the customer or the establishment shall pay for the customer's drink or to determine whether the customer or the establishment shall immediately pay a predetermined amount of money, not to exceed $2, for music from a jukebox in the establishment.
(2) It is legal for a customer in an establishment licensed for the sale of alcoholic beverages to be consumed on the premises to play the dice game commonly known as shake-a-day, in which a customer may once each day pay an amount of money predetermined by the establishment, but not more than 50 cents, and shake a number of dice predetermined by the establishment in an attempt to roll certain combinations simulating poker hands predetermined by the establishment. If one of the combinations is rolled, the customer may win merchandise or a portion or all of the money paid to play the game since the last winning combination was rolled. The establishment may, before a game begins, set and post a percentage of the pot that will be set aside to start the pot for the next game, thus enhancing the incentive to play the next game in the early stages of the next game. All money paid to play games must be paid out as winnings. An establishment may offer to the public more than one shake-a-day game at any given time.
History: En. Sec. 1, Ch. 709, L. 1991; amd. Sec. 8, Ch. 626, L. 1993; amd. Sec. 1, Ch. 109, L. 2019; amd. Sec. 2, Ch. 180, L. 2021.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 5. Gambling › Part 1. General Provisions, Proceedings, and Penalties › 23-5-161. Criminal liabilities -- misdemeanor

23-5-161. Criminal liabilities -- misdemeanor.
A person who purposely or knowingly violates a provision of parts 1 through 8 of this chapter, the punishment of which is for a misdemeanor, shall upon conviction of a first offense be fined not more than $500. Upon a second conviction within 5 years of a first conviction, a person shall be fined not more than $1,000 or imprisoned in the county jail for not more than 6 months, or both. Upon a third conviction within 5 years of a second conviction, a person shall be fined not more than $10,000 or imprisoned in the county jail for not more than 1 year, or both. Upon a fourth conviction within 5 years of a third conviction, a person shall be fined not more than $10,000 or imprisoned in the county jail for not more than 1 year, or both, and the department shall revoke all licenses and permits the person holds under parts 1 through 8 of this chapter and the person is forever barred from receipt of any license or permit under this chapter. When 5 years have passed following a conviction, the record of that conviction may be made available only to criminal justice agencies or upon court order.
History: En. Sec. 23, Ch. 642, L. 1989; amd. Sec. 11, Ch. 398, L. 1993.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 5. Gambling › Part 1. General Provisions, Proceedings, and Penalties › 23-5-162. Criminal liabilities -- felony

23-5-162. Criminal liabilities -- felony.
(1) A person who purposely or knowingly violates a provision of parts 1 through 8 of this chapter, the punishment for which is a felony, may upon conviction be fined not more than $50,000 or imprisoned for not more than 10 years, or both, for each violation.
(2) In addition to any penalty imposed under subsection (1), the department shall revoke all licenses or permits issued to the person under parts 1 through 8 of this chapter and may not issue the person another license or permit under parts 1 through 8 of this chapter.
History: En. Sec. 24, Ch. 642, L. 1989; amd. Sec. 32, Ch. 647, L. 1991; amd. Sec. 12, Ch. 398, L. 1993.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 5. Gambling › Part 1. General Provisions, Proceedings, and Penalties › 23-5-164. Payroll checks -- promotional activities prohibited

23-5-164. Payroll checks -- promotional activities prohibited.
A licensee may not offer financial incentives or conduct promotional games of chance in connection with an offer to cash payroll checks on the premises.
History: En. Sec. 23, Ch. 626, L. 1993.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 5. Gambling › Part 1. General Provisions, Proceedings, and Penalties › 23-5-165. Fishing derbies and wagering on natural occurrences

23-5-165. Fishing derbies and wagering on natural occurrences.
(1) The following are authorized gambling activities:
(a) a fishing derby in which two or more persons pay valuable consideration for an opportunity to win a prize for the species, size, weight, or otherwise specified fish caught in a fishing event; and
(b) wagering on the outcome of a natural occurrence in which two or more persons pay valuable consideration for an opportunity to win a prize by most accurately predicting the date or time of an event resulting from a climatological or meteorological activity.
(2) Except as provided in subsection (3), all consideration paid to participate in a gambling activity authorized in subsection (1) must be paid to the winners.
(3) A nonprofit organization sponsoring a gambling activity authorized in subsection (1) may retain up to 50% of the total amount paid to participate.
(4) This section does not apply to a gambling activity conducted under chapter 4 or chapter 5, part 2 or 3, of this title.
History: En. Sec. 55, Ch. 647, L. 1991.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 5. Gambling › Part 1. General Provisions, Proceedings, and Penalties › 23-5-171. Authority of local governments to regulate gambling

23-5-171. Authority of local governments to regulate gambling.
(1) A local government may not license or regulate a form of gambling authorized by parts 1 through 8 of this chapter or assess or charge any fees or taxes unless specifically authorized by statute.
(2) An incorporated city or town may enact an ordinance or resolution zoning certain areas within its incorporated limits in which gambling is prohibited.
(3) A county may enact a resolution zoning certain areas in the county, not within an incorporated city or town, in which gambling is prohibited.
(4) A county or incorporated city or town may not restrict the number of licenses that the department may issue.
History: En. Sec. 4, Ch. 642, L. 1989; amd. Sec. 13, Ch. 398, L. 1993.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 5. Gambling › Part 1. General Provisions, Proceedings, and Penalties › 23-5-172. Prosecution

23-5-172. Prosecution.
The county attorney of the county in which a violation of a provision of parts 1 through 8 of this chapter occurs shall prosecute all gambling actions within the jurisdiction of the department. However, if the county attorney declines prosecution or fails to commence an action within a reasonable time, the attorney general may initiate and conduct the prosecution on behalf of the state.
History: En. Sec. 25, Ch. 642, L. 1989; amd. Sec. 14, Ch. 398, L. 1993.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 5. Gambling › Part 1. General Provisions, Proceedings, and Penalties › 23-5-176. Qualifications for licensure

23-5-176. Qualifications for licensure.
(1) A person who the department determines is qualified to receive a license under the provisions of this chapter may, based on information available to, required by, or supplied to the department under department rules, be issued a state gambling license.
(2) Except as provided in subsection (4), the department shall issue a license unless the department can demonstrate that the applicant:
(a) is a person whose prior financial or other activities or criminal record:
(i) poses a threat to the public interest of the state;
(ii) poses a threat to the effective regulation and control of gambling; or
(iii) creates a danger of illegal practices, methods, or activities in the conduct of gambling or in the carrying on of the business and financial arrangements incidental to gambling;
(b) has been convicted of a felony offense within 5 years of the date of application or is on probation or parole or under deferred prosecution for committing a felony offense; or
(c) is receiving a substantial amount of financing for the proposed operation from an unsuitable source. A lender or other source of money or credit that the department finds to meet the provisions of subsection (2)(a) may be considered an unsuitable source.
(3) The provisions of 37-1-203 and 37-1-205 do not apply to licensing determinations made under this section.
(4) The department may deny a license or permit to an applicant who has falsified a license or permit application. If the falsification is determined after the license or permit has been issued, the department may revoke the license or permit.
History: En. Sec. 10, Ch. 642, L. 1989; amd. Sec. 33, Ch. 647, L. 1991.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 5. Gambling › Part 1. General Provisions, Proceedings, and Penalties › 23-5-178. Associated gambling business

23-5-178. Associated gambling business.
(1) The department may adopt rules for the licensing of associated gambling businesses, including but not limited to accounting software vendors and video gambling machine recyclers.
(2) The licensing of an associated gambling business may consider only the legality of the product being sold and the suitability of the owners of the business as provided in 23-5-176.
(3) The annual fee for an associated gambling business license is $100.
History: En. Sec. 8, Ch. 355, L. 2009.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 5. Gambling › Part 1. General Provisions, Proceedings, and Penalties › 23-5-180. Property subject to forfeiture

23-5-180. Property subject to forfeiture.
(1) The following property is subject to forfeiture:
(a) gambling implements, apparatus, paraphernalia, slips, tickets, and devices kept, possessed, or used in violation of a provision of this chapter;
(b) personal property not listed in subsection (1)(a), including but not limited to motor vehicles and money or negotiable instruments, kept, possessed, derived from, or used in violation of a provision of this chapter.
(2) Personal property is not subject to forfeiture unless the owner of the property had actual or constructive knowledge of and was a consenting party to the illegal act.
History: En. Sec. 1, Ch. 134, L. 2005.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 5. Gambling › Part 1. General Provisions, Proceedings, and Penalties › 23-5-181. Petition -- summons -- service -- answer

23-5-181. Petition -- summons -- service -- answer.
(1) A peace officer that seizes personal property under 23-5-180 shall within 45 days of the seizure file a petition to institute forfeiture proceedings with the clerk of the district court of the county in which the seizure occurred. The clerk shall issue a summons, which the petitioning party shall by one of the following methods serve upon each owner or claimant of the personal property:
(a) upon an owner or claimant whose name and address are known, by personal service of a copy of the petition and summons as provided in the Montana Rules of Civil Procedure;
(b) upon an owner or claimant whose address is unknown but who is believed to have an interest in the property, by publication of the summons in one issue of a newspaper of general circulation in the county where the seizure occurred or, if there is no such newspaper, by publication in one issue of a newspaper of general circulation in an adjoining county and by mailing a copy of the petition and summons to the most recent address of the owner or claimant, if any, shown in the records of the department.
(2) Within 20 days after service under subsection (1), the owner or claimant of the seized property may file a verified answer to the allegations concerning the use of the property described in the petition. An extension of time for filing the answer may not be granted. Failure to answer within 20 days bars the owner or claimant from presenting evidence at any subsequent evidentiary hearing unless extraordinary circumstances exist.
History: En. Sec. 2, Ch. 134, L. 2005.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 5. Gambling › Part 1. General Provisions, Proceedings, and Penalties › 23-5-182. Effect of failure to answer -- hearing date following answer

23-5-182. Effect of failure to answer -- hearing date following answer.
(1) If a verified answer to the petition is not filed within 20 days after service under 23-5-181, the court, upon motion, shall order the property forfeited to the state.
(2) If a verified answer is filed within 20 days after service under 23-5-181, the forfeiture proceedings must be set for hearing without a jury, to be held no sooner than 60 days after the answer is filed. Notice of the hearing must be given in the manner provided for service under 23-5-181.
History: En. Sec. 3, Ch. 134, L. 2005.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 5. Gambling › Part 1. General Provisions, Proceedings, and Penalties › 23-5-183. Rebuttable presumption of forfeiture -- rebuttal of presumption

23-5-183. Rebuttable presumption of forfeiture -- rebuttal of presumption.
(1) There is a rebuttable presumption of forfeiture.
(2) An owner of the personal property who has a verified answer on file may rebut the presumption by proving that the property was not used for the purpose charged or that the use of the property occurred without the owner's knowledge or consent.
(3) A claimant of a security interest in the personal property who has a verified answer on file may preserve the security interest by proving that the security interest:
(a) is bona fide; and
(b) was created after a reasonable investigation of the moral responsibility, character, and reputation of the purchaser of the personal property and without knowledge that the personal property was going to be or was used for the purpose charged.
(4) Subsection (3)(b) does not apply to:
(a) a person who has a lien for making repairs or performing labor upon, furnishing supplies or materials for, or providing storage for or safekeeping of the personal property;
(b) a person doing business under any law of this state or the United States relating to financial institutions, as defined in 32-6-103, loan companies, or licensed pawnbrokers; or
(c) a person regularly engaged in the business of selling or of purchasing conditional sales contracts for that type of personal property.
History: En. Sec. 4, Ch. 134, L. 2005.