reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 5. Gambling › Part 5. Sports Pools › 23-5-503. Rules

23-5-503. Rules.
(1) (a) The card or other device used for recording the sports pool or sports tab game must clearly indicate in advance of the sale of any chances:
(i) the number of chances to be sold in that specific pool;
(ii) the name of the event or series of events;
(iii) the consideration to be paid for each chance; and
(iv) the total amount or percentage to be paid to the winners.
(b) The sports tabs must be purchased from a sports tab game seller licensed under 23-5-513.
(2) (a) Each sports tab must be sold for the same amount. A chance to participate in a sports pool may be sold in any combination so long as each chance is for the same amount. There is no limit on the dollar amount for a sports pool and sports tab, including the total amount paid to all winners of any individual sports tab game.
(b) Chances for a series of events may be purchased all at once prior to the occurrence of the first event.
(3) (a) Except as provided in subsections (3)(b) and (3)(c), the winners of any sports pool must receive a 100% payout of the value of the sports pool. The winner of a sports tab game must receive at least 90% of the total cost of the 100 sports tabs. The operator of the sports tab game may retain the remaining money for administration and other expenses.
(b) A nonprofit organization, licensed as a gambling operator, that maintains records and opens the records to inspection upon reasonable demand to verify that the retained portion is used to support charitable activities, scholarships or educational grants, or community service projects may retain up to 50% of the value of a sports pool or a sports tab game.
(c) A licensed gambling operator may conduct a sports pool or sports tab game to support a named nonprofit organization and may donate up to 50% of the value of the sports pool or sports tab game to the nonprofit organization.
(4) A licensed gambling operator conducting a sports pool or a sports tab game may purchase chances or sports tabs to participate in the sports pool or sports tab game but may not:
(a) retain any portion of the amount wagered in the sports pool or sports tab game, except as provided in subsection (3)(b);
(b) charge a fee for participating in the sports pool or sports tab game; or
(c) use the sports pool or sports tab game in any manner to establish odds or handicaps or to allow betting or booking.
History: En. 62-727 by Sec. 1, Ch. 290, L. 1974; R.C.M. 1947, 62-727(part); amd. Sec. 2, Ch. 22, L. 1989; amd. Sec. 58, Ch. 642, L. 1989; amd. Sec. 45, Ch. 647, L. 1991; amd. Sec. 4, Ch. 13, L. 1997; amd. Sec. 1, Ch. 80, L. 2013; amd. Sec. 1, Ch. 273, L. 2017; amd. Sec. 7, Ch. 57, L. 2019; amd. Sec. 1, Ch. 75, L. 2021.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 5. Gambling › Part 5. Sports Pools › 23-5-504. Repealed

23-5-504. Repealed.
Sec. 68, Ch. 642, L. 1989.
History: En. 62-728 by Sec. 2, Ch. 290, L. 1974; R.C.M. 1947, 62-728.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 5. Gambling › Part 5. Sports Pools › 23-5-505. Repealed

23-5-505. Repealed.
Sec. 68, Ch. 642, L. 1989.
History: En. 62-729 by Sec. 3, Ch. 290, L. 1974; amd. Sec. 13, Ch. 508, L. 1977; R.C.M. 1947, 62-729.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 5. Gambling › Part 5. Sports Pools › 23-5-506. Repealed

23-5-506. Repealed.
Sec. 68, Ch. 642, L. 1989.
History: En. 62-730 by Sec. 4, Ch. 290, L. 1974; amd. Sec. 14, Ch. 508, L. 1977; R.C.M. 1947, 62-730.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 5. Gambling › Part 5. Sports Pools › 23-5-507. Repealed

23-5-507. Repealed.
Sec. 68, Ch. 642, L. 1989.
History: En. 62-731 by Sec. 5, Ch. 290, L. 1974; amd. Sec. 15, Ch. 508, L. 1977; R.C.M. 1947, 62-731.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 5. Gambling › Part 5. Sports Pools › 23-5-508. Repealed

23-5-508. Repealed.
Sec. 68, Ch. 642, L. 1989.
History: En. 62-732 by Sec. 6, Ch. 290, L. 1974; R.C.M. 1947, 62-732.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 5. Gambling › Part 5. Sports Pools › 23-5-509. Penalty

23-5-509. Penalty.
A person who purposely or knowingly violates or who procures, aids, or abets in a violation of this part is guilty of a misdemeanor punishable pursuant to 23-5-161.
History: En. 62-733 by Sec. 7, Ch. 290, L. 1974; R.C.M. 1947, 62-733; amd. Sec. 59, Ch. 642, L. 1989.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 5. Gambling › Part 5. Sports Pools › 23-5-510. Repealed

23-5-510. Repealed.
Sec. 68, Ch. 642, L. 1989.
History: En. 62-735 by Sec. 9, Ch. 290, L. 1974; amd. Sec. 16, Ch. 508, L. 1977; R.C.M. 1947, 62-735.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 5. Gambling › Part 5. Sports Pools › 23-5-511. Repealed

23-5-511. Repealed.
Sec. 68, Ch. 642, L. 1989.
History: En. 62-734 by Sec. 8, Ch. 290, L. 1974; R.C.M. 1947, 62-734.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 5. Gambling › Part 5. Sports Pools › 23-5-512. Sports pool design -- multiple competitor sports pool -- department rules

23-5-512. Sports pool design -- multiple competitor sports pool -- department rules.
(1) (a) Except as provided in subsection (2), a sports pool must be designed to ensure that:
(i) there is at least one winner from among the participants in the pool; and
(ii) each participant has an equal chance to win the pool.
(b) Competitors in a sports event or series of sports events must be randomly assigned to each participant in the sports pool.
(2) (a) A multiple competitor sports pool must be designed to ensure that:
(i) there is at least one winner, but there may be categories of winners among the participants in the pool; and
(ii) a participant's chance to win the pool may be based on the participant's relative skill in selecting competitors in a sports event or series of sports events.
(b) Nothing in subsection (2)(a)(ii) requires competitors in a multiple competitor sports pool to be randomly assigned to a participant in a sports pool.
(3) The department shall by rule describe the types of sports pools authorized by this part. Variations in the authorized sports pools must be submitted to the department for review and approval before they are made available for public play. The department may charge a nominal fee to review variations in the authorized sports pools.
History: En. Sec. 44, Ch. 647, L. 1991; amd. Sec. 2, Ch. 438, L. 2021.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 5. Gambling › Part 5. Sports Pools › 23-5-513. Sports tab game seller's license -- fees

23-5-513. Sports tab game seller's license -- fees.
(1) It is a misdemeanor for a person to sell sports tab games without first obtaining a sports tab game seller's license from the department.
(2) The department shall charge an annual license fee of $100 for issuing or renewing a license.
(3) A license expires on June 30 of each year, and the license fee may not be prorated.
(4) 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.
History: En. Sec. 2, Ch. 13, L. 1997.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 5. Gambling › Part 6. Video Gaming Machine Control Law › 23-5-601. Repealed

23-5-601. Repealed.
Sec. 68, Ch. 642, L. 1989.
History: En. Sec. 1, Ch. 720, L. 1985; amd. Sec. 36, Ch. 83, L. 1989.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 5. Gambling › Part 6. Video Gaming Machine Control Law › 23-5-603. Video gambling machines -- possession -- play -- restriction

23-5-603. Video gambling machines -- possession -- play -- restriction.
(1) A licensed operator may make available for public play only the number of approved video gambling machines specifically authorized by this part.
(2) The video gambling machines specifically authorized by this part are bingo, poker, keno, video line, and multigame video gambling machines. Only the number of approved machines for which permits have been granted under 23-5-612 may be made available for play by the public on the premises of a licensed operator. The department shall adopt rules allowing a video gambling machine that needs repair to be temporarily replaced while it is being repaired with a video gambling machine that is approved under the permit provisions of this part. A fee may not be charged for the replacement machine.
(3) A video line game approved by the department for play must be made available to any licensed machine owner.
(4) A manufacturer may not charge a fee for the use of a bingo, poker, keno, video line, or multigame video gambling machine on a daily basis or any other periodic basis.
(5) A licensed operator, distributor, route operator, or manufacturer is prohibited from referencing games not authorized under this title in advertising, promoting, or inducing play of a video gambling machine. The department shall further define by rule what advertising is allowed under this subsection.
(6) Machines on premises appropriately licensed to sell alcoholic beverages for on-premises consumption, as provided in 23-5-119, must be placed:
(a) in a room, area, or other part of the premises in which alcoholic beverages are sold or consumed; and
(b) within control of the operator for the purpose of preventing access to the machines by persons under 18 years of age.
History: En. Sec. 9, Ch. 720, L. 1985; amd. Sec. 2, Ch. 603, L. 1987; amd. Sec. 4, Ch. 652, L. 1987; amd. Sec. 45, Ch. 642, L. 1989; amd. Sec. 46, Ch. 647, L. 1991; amd. Sec. 10, Ch. 465, L. 1997; amd. Sec. 2, Ch. 121, L. 2011.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 5. Gambling › Part 6. Video Gaming Machine Control Law › 23-5-605. Repealed

23-5-605. Repealed.
Sec. 68, Ch. 642, L. 1989.
History: En. Sec. 7, Ch. 720, L. 1985; amd. Sec. 1, Ch. 211, L. 1987; amd. Sec. 3, Ch. 603, L. 1987.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 5. Gambling › Part 6. Video Gaming Machine Control Law › 23-5-606. Repealed

23-5-606. Repealed.
Sec. 68, Ch. 642, L. 1989.
History: En. Sec. 3, Ch. 720, L. 1985; amd. Sec. 2, Ch. 211, L. 1987; amd. Sec. 1, Ch. 640, L. 1987; amd. Sec. 1, Ch. 344, L. 1989.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 5. Gambling › Part 6. Video Gaming Machine Control Law › 23-5-607. Expected payback -- verification

23-5-607. Expected payback -- verification.
(1) The department shall prescribe the expected payback value of credit awarded to be at least 80% of the value of credit played for each bingo, poker, keno, and video line game in a video gambling machine. The credit ratio may not be greater than 92% for each video line game.
(2) Each video gambling machine must have an electronic accounting device that the department may use to verify the winning percentage.
History: En. Sec. 4, Ch. 720, L. 1985; amd. Sec. 1, Ch. 163, L. 1987; amd. Sec. 4, Ch. 603, L. 1987; amd. Sec. 54, Ch. 642, L. 1989; amd. Sec. 3, Ch. 121, L. 2011.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 5. Gambling › Part 6. Video Gaming Machine Control Law › 23-5-608. Limitation on amount of money played and value of prizes -- payment of credits in cash -- ticket voucher expiration -- rules

23-5-608. Limitation on amount of money played and value of prizes -- payment of credits in cash -- ticket voucher expiration -- rules.
(1) A video gambling machine may not allow more than $2 to be played on a game or award free games or credits in excess of $800 a game.
(2) A licensee shall pay in cash all credits owed to a player as shown on a valid ticket voucher.
(3) The department may establish by rule a reasonable time period during which a player shall present a valid ticket voucher to the licensee for payment before the voucher may be considered expired and invalid.
History: En. Sec. 5, Ch. 720, L. 1985; amd. Sec. 3, Ch. 211, L. 1987; amd. Sec. 5, Ch. 603, L. 1987; amd. Sec. 53, Ch. 642, L. 1989; amd. Sec. 1, Ch. 227, L. 1995; amd. Sec. 3, Ch. 66, L. 2011; amd. Sec. 4, Ch. 121, L. 2011.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 5. Gambling › Part 6. Video Gaming Machine Control Law › 23-5-609. Repealed

23-5-609. Repealed.
Sec. 68, Ch. 642, L. 1989.
History: En. Sec. 8, Ch. 603, L. 1987; amd. Sec. 2, Ch. 344, L. 1989.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 5. Gambling › Part 6. Video Gaming Machine Control Law › 23-5-610. Video gambling machine gross income tax -- records -- distribution -- payment

23-5-610. Video gambling machine gross income tax -- records -- distribution -- payment.
(1) A licensed machine owner shall pay to the department a video gambling machine tax of 15% of the aggregate gross income from all video gambling machines issued a permit under this part in the manner prescribed by the department. A licensed machine owner may deduct from the gross income amounts equal to amounts stolen from machines if the amounts stolen are not repaid by insurance or under a court order, if a law enforcement agency investigated the theft, and if the theft is the result of either unauthorized entry and physical removal of the money from the machines or of machine tampering and the amounts stolen are documented.
(2) A licensed machine owner shall keep a record of the gross income from each video gambling machine issued a permit under this part in the form the department requires. The records must at all times during the business hours of the licensee be subject to inspection by the department.
(3) The department shall, in accordance with the provisions of 17-2-124, forward the tax collected under subsection (1) of this section to the state treasurer for deposit in the general fund.
History: En. Sec. 9, Ch. 603, L. 1987; amd. Sec. 52, Ch. 642, L. 1989; amd. Sec. 47, Ch. 647, L. 1991; amd. Sec. 29, Ch. 15, Sp. L. July 1992; amd. Sec. 16, Ch. 398, L. 1993; amd. Sec. 31, Ch. 455, L. 1993; amd. Sec. 40, Ch. 18, L. 1995; amd. Secs. 5, 6, Ch. 424, L. 1999; amd. Sec. 1, Ch. 198, L. 2001; amd. Sec. 143, Ch. 574, L. 2001; amd. Sec. 2, Ch. 210, L. 2003; amd. Sec. 2, Ch. 319, L. 2005; amd. Sec. 25, Ch. 475, L. 2007; amd. Sec. 2, Ch. 598, L. 2023.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 5. Gambling › Part 6. Video Gaming Machine Control Law › 23-5-611. Machine permit qualifications -- limitations

23-5-611. Machine permit qualifications -- limitations.
(1) (a) A person who has been granted an operator's license under 23-5-177 and who holds an appropriate license to sell alcoholic beverages for consumption on the premises as provided in 23-5-119 may be granted a permit for the placement of video gambling machines on the person's premises.
(b) If video keno or bingo gambling machines were legally operated on a premises on January 15, 1989, and the premises were not on that date licensed to sell alcoholic beverages for consumption on the premises or operated for the principal purpose of gaming and there is an operator's license for the premises under 23-5-177, a permit for the same number of multigame gambling machines as were operated on the premises on that date may be granted to the person who held the permit for that number of machines on those premises on that date.
(c) A person who legally operated an establishment on January 15, 1989, for the principal purpose of gaming and has been granted an operator's license under 23-5-177 may be granted a permit for the placement of bingo, poker, keno, video line, or multigame video gambling machines on the person's premises.
(2) An applicant for a permit shall disclose on the application form to the department any information required by the department consistent with the provisions of 23-5-176.
(3) A licensee may not have on the premises or make available for play on the premises more than 20 machines of any combination.
History: En. Sec. 8, Ch. 720, L. 1985; amd. Sec. 4, Ch. 211, L. 1987; amd. Sec. 46, Ch. 642, L. 1989; amd. Sec. 48, Ch. 647, L. 1991; amd. Sec. 11, Ch. 465, L. 1997; amd. Sec. 3, Ch. 210, L. 2003; amd. Sec. 3, Ch. 319, L. 2005; amd. Sec. 5, Ch. 121, L. 2011.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 5. Gambling › Part 6. Video Gaming Machine Control Law › 23-5-612. Machine permits -- fees

23-5-612. Machine permits -- fees.
(1) The department, upon payment by the operator of the fee provided in subsection (2) and in conformance with rules adopted under this part, shall issue to the operator an annual permit for an approved video gambling machine.
(2) (a) The department shall charge an annual permit fee of $240 for each video gambling machine permit. The fee must be prorated on a quarterly basis but may not be prorated to allow a permit to expire before June 30. The department may not grant a refund if the video gambling machine ceases operation before the permit expires.
(b) If the person holding the gambling operator's license for the premises in which the machine is located changes during the first quarter of the permit year and the new operator has received an operator's license and if a machine transfer processing fee of $25 per machine is paid to the department, the permit remains valid for the remainder of the permit year.
(3) The department shall deposit $140 of the annual permit fee or for a prorated fee shall deposit $105 for three quarters, $70 for two quarters, and $35 for one quarter collected under subsection (2)(a) and 100% of the machine transfer processing fee collected under subsection (2)(b) in the state special revenue fund for purposes of administering this part and for other purposes provided by law. The balance of the fee collected under subsection (2)(a) must be returned on a quarterly basis to the local government jurisdiction in which the gambling machine is located. The local government portion of the fee is statutorily appropriated to the department, as provided in 17-7-502, for deposit in the local government treasury.
History: En. Secs. 10, 12, Ch. 720, L. 1985; amd. Sec. 2, Ch. 154, L. 1987; amd. Sec. 6, Ch. 603, L. 1987; amd. Sec. 1, Ch. 496, L. 1989; amd. Secs. 47, 73, Ch. 642, L. 1989; amd. Sec. 49, Ch. 647, L. 1991; amd. Sec. 1, Ch. 210, L. 1993; amd. Sec. 2, Ch. 354, L. 1997; amd. Sec. 1, Ch. 29, L. 2003; amd. Sec. 2, Ch. 471, L. 2003; amd. Sec. 1, Ch. 528, L. 2005; amd. Sec. 4, Ch. 64, L. 2013.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 5. Gambling › Part 6. Video Gaming Machine Control Law › 23-5-613. Violations

23-5-613. Violations.
Unless otherwise provided in this part, a person who purposely or knowingly violates or procures, aids, or abets a violation of this part or an ordinance, resolution, or rule adopted under this part is guilty of a misdemeanor punishable under 23-5-161.
History: En. Sec. 11, Ch. 720, L. 1985; amd. Sec. 5, Ch. 211, L. 1987; amd. Sec. 56, Ch. 642, L. 1989.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 5. Gambling › Part 6. Video Gaming Machine Control Law › 23-5-614. Sale of video gambling machines

23-5-614. Sale of video gambling machines.
(1) A licensed operator who is not licensed as a manufacturer, distributor, or route operator may sell up to 20 video gambling machines in a calendar year if the operator sells the machines to another licensed operator or to a licensed manufacturer, distributor, or route operator.
(2) A lienholder who acquires title to video gambling machines through a foreclosure action involving a licensed manufacturer, distributor, route operator, or operator may sell the machines to a licensed manufacturer, distributor, route operator, or operator.
(3) A licensed manufacturer or distributor may sell video gambling machines and associated equipment approved by the department for delivery to any jurisdiction outside of this state if the sale and transportation of the machines or equipment complies with all applicable local, tribal, state, and federal laws and regulations. Prior to the date of the sale, the seller shall notify the department of the terms of the sale, the identities of the seller, purchaser, and person to whom the shipment will be made, the type and number of machines or equipment to be sold, and the method of shipment and provide the department with the approval of the jurisdiction in which the machines or equipment will be received. A person convicted of purposely or knowingly violating this subsection shall be punished as provided in 23-5-162.
History: En. Sec. 19, Ch. 626, L. 1993; amd. Sec. 3, Ch. 354, L. 1997; amd. Sec. 1, Ch. 302, L. 2023.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 5. Gambling › Part 6. Video Gaming Machine Control Law › 23-5-615. Repealed

23-5-615. Repealed.
Sec. 68, Ch. 642, L. 1989.
History: En. Sec. 6, Ch. 720, L. 1985; amd. Sec. 7, Ch. 603, L. 1987.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 5. Gambling › Part 6. Video Gaming Machine Control Law › 23-5-616. Removal of machine from public access

23-5-616. Removal of machine from public access.
If a machine fails to meet the specifications and requirements of this part or any rule of the department which specification or requirement existed at the time the machine was approved at any time after its initial permit has been issued, the operator shall immediately remove the machine from public access until it meets all requirements.
History: En. Sec. 6, Ch. 211, L. 1987; amd. Sec. 50, Ch. 642, L. 1989.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 5. Gambling › Part 6. Video Gaming Machine Control Law › 23-5-617. Repealed

23-5-617. Repealed.
Sec. 68, Ch. 642, L. 1989.
History: En. Sec. 7, Ch. 211, L. 1987.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 5. Gambling › Part 6. Video Gaming Machine Control Law › 23-5-618. Repealed

23-5-618. Repealed.
Sec. 68, Ch. 642, L. 1989.
History: En. Sec. 8, Ch. 211, L. 1987.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 5. Gambling › Part 6. Video Gaming Machine Control Law › 23-5-620. Video gambling machines -- hours of play

23-5-620. Video gambling machines -- hours of play.
A video gambling machine may not be played between the hours of 2 a.m. and 8 a.m. each day. However, in the jurisdiction of a local government where a game is played, the local government may adopt an ordinance allowing play between 2 a.m. and 8 a.m.
History: En. Sec. 55, Ch. 642, L. 1989.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 5. Gambling › Part 6. Video Gaming Machine Control Law › 23-5-621. Rules

23-5-621. Rules.
(1) The department shall adopt rules that:
(a) implement 23-5-637;
(b) describe the video gambling machines authorized by this part and state the specifications for video gambling machines authorized by this part, including a description of the images and the minimum area of a screen that depicts a bingo, poker, keno, or video line game;
(c) allow video gambling machines to be imported into this state and used for the purposes of trade shows, exhibitions, and similar activities;
(d) allow each video gambling machine to offer any combination of approved bingo, poker, keno, and video line games within the same video gambling machine cabinet if the owner of the video gambling machine has received approval to report video gambling machine information using an approved automated accounting and reporting system or has entered into an agreement with the department to use an approved automated accounting and reporting system;
(e) allow, on an individual license basis, licensed machine owners and operators of machines that use an approved automated accounting and reporting system to:
(i) electronically acquire and use for an individual licensed premises the information and data collected for business management, accounting, payroll, and player rewards purposes;
(ii) use a player rewards system; and
(iii) acquire and use, at the expense of a licensee, a department-approved site controller; and
(f) minimize, whenever possible, the recordkeeping and retention requirements for video gambling machines that use an approved automated accounting and reporting system.
(2) The department's rules for an approved automated accounting and reporting system must, at a minimum:
(a) provide for confidentiality of information received through the approved automated accounting and reporting system within the limits prescribed by 23-5-115(8) and 23-5-116;
(b) prescribe specifications for maintaining the security and integrity of the approved automated accounting and reporting system;
(c) limit and prescribe the circumstances for electronic issuance of video gambling machine permits and electronic transfer of funds for payment of taxes, fees, or penalties to the department;
(d) describe specifications and a review and testing process for approved automated accounting and reporting systems to be used by licensed operators, including the requirements for electronically captured data; and
(e) prescribe the frequency of reporting from an approved automated accounting and reporting system and provide exceptions for geographically isolated video gambling operators.
History: En. Sec. 49, Ch. 642, L. 1989; amd. Sec. 7, Ch. 424, L. 1999; amd. Sec. 4, Ch. 210, L. 2003; amd. Sec. 14, Ch. 134, L. 2005; amd. Sec. 4, Ch. 319, L. 2005; amd. Sec. 7, Ch. 355, L. 2009; amd. Sec. 6, Ch. 121, L. 2011; amd. Sec. 3, Ch. 98, L. 2021.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 5. Gambling › Part 6. Video Gaming Machine Control Law › 23-5-622. Tampering with video gambling machine -- penalty

23-5-622. Tampering with video gambling machine -- penalty.
(1) A person commits the offense of tampering with a video gambling machine if the person purposely or knowingly:
(a) manipulates the outcome or payoff of a video gambling machine by physical tampering or other interference with the proper functioning of the machine; or
(b) exploits a hardware or software feature or combination of features that alters the video gambling machine's intended and approved functioning, including:
(i) causing the machine to register more value in credits than deposited or won through play;
(ii) altering the chance element of the game;
(iii) altering the pay table of the game; or
(iv) permitting play contrary to the posted rules or recognized rules of play.
(2) A violation of this section is a felony and must be punished in accordance with 23-5-162.
History: En. Sec. 57, Ch. 642, L. 1989; amd. Sec. 373, Ch. 56, L. 2009; amd. Sec. 3, Ch. 276, L. 2017.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 5. Gambling › Part 6. Video Gaming Machine Control Law › 23-5-625. Video gambling machine manufacturer -- license -- fees -- restrictions

23-5-625. Video gambling machine manufacturer -- license -- fees -- restrictions.
(1) It is unlawful for any person to assemble, produce, test, or manufacture any video gambling machine or associated equipment for use or play in the state without having first been issued a video gambling machine manufacturer's license by the department. A licensed manufacturer may supply a video gambling machine only to another licensed manufacturer or to a licensed distributor, route operator, or operator.
(2) Except as provided in subsection (6), the department shall charge an annual license fee of $1,000 for the issuance or renewal of a video gambling machine manufacturer's license.
(3) Except as provided in subsection (6), the department may charge the applicant an additional, one-time video gambling machine manufacturer's license application processing fee. The application processing fee may not exceed the department's actual costs for processing an application.
(4) All video gambling machine manufacturer's licenses expire on June 30 of each year, and the license fee may not be prorated.
(5) The department shall retain the license and processing fees collected for purposes of administering this part, unless otherwise provided.
(6) The department may waive the license fee provided for in subsection (2) if the applicant is licensed as a distributor or route operator and may waive the application processing fee provided for in subsection (3) if the applicant is licensed as a distributor, route operator, or operator.
History: En. Sec. 2, Ch. 317, L. 1987; amd. Sec. 51, Ch. 642, L. 1989; amd. Sec. 50, Ch. 647, L. 1991; amd. Sec. 18, Ch. 626, L. 1993; amd. Sec. 15, Ch. 134, L. 2005.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 5. Gambling › Part 6. Video Gaming Machine Control Law › 23-5-626. Repealed

23-5-626. Repealed.
Sec. 68, Ch. 642, L. 1989.
History: En. Sec. 3, Ch. 317, L. 1987.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 5. Gambling › Part 6. Video Gaming Machine Control Law › 23-5-627. Repealed

23-5-627. Repealed.
Sec. 68, Ch. 642, L. 1989.
History: En. Sec. 4, Ch. 317, L. 1987.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 5. Gambling › Part 6. Video Gaming Machine Control Law › 23-5-628. Inspection of premises, records, and devices

23-5-628. Inspection of premises, records, and devices.
The department or a local law enforcement official may inspect at any time a premises, as defined in 23-5-112, or a facility where gambling devices are manufactured or distributed. The inspection may include the examination of records, equipment, and proceeds related to the operation of a gambling activity or the manufacture or distribution of a gambling device. A premises may use an access control system as provided in 16-6-103.
History: En. Sec. 10, Ch. 647, L. 1991; amd. Sec. 2, Ch. 153, L. 2019.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 5. Gambling › Part 6. Video Gaming Machine Control Law › 23-5-631. Examination and approval of new video gambling machines and associated equipment -- fee

23-5-631. Examination and approval of new video gambling machines and associated equipment -- fee.
(1) The department shall examine and may approve a new video gambling machine or associated equipment or a modification to an approved machine or associated equipment that is manufactured, sold, or distributed for use in the state before the video gambling machine or associated equipment is sold, played, or used. A licensed manufacturer or distributor may bring a video gambling machine or associated equipment authorized by this chapter into the state for research and development on behalf of a licensed manufacturer prior to submission of the machine or equipment to the department for approval.
(2) A video gambling machine or associated equipment or a modification to an approved machine or associated equipment may not be examined or approved by the department until the video gambling machine manufacturer is licensed as required in 23-5-625.
(3) All video gambling machines or associated equipment approved by the state prior to October 1, 1989, must be considered approved under this part.
(4) The department shall require the manufacturer seeking the examination and approval of a new video gambling machine or associated equipment or a modification to an approved machine or associated equipment to pay the anticipated actual costs of the examination in advance and, after the completion of the examination, shall refund overpayments or charge and collect amounts sufficient to reimburse the department for underpayments of actual costs.
(5) Payments received under subsection (4) must be deposited in an account in the state special revenue fund and used to administer this part and for other purposes provided by law.
(6) The department may inspect and test and approve, disapprove, or place a condition upon a video gambling machine or associated equipment or a modification to an approved machine or associated equipment prior to its distribution and placement for play by the public. A manufacturer, distributor, or route operator may not supply a video gambling machine or associated equipment to a manufacturer, distributor, route operator, or operator unless the machine or equipment has been approved by the department.
History: En. Sec. 6, Ch. 317, L. 1987; amd. Sec. 48, Ch. 642, L. 1989; amd. Sec. 51, Ch. 647, L. 1991; amd. Sec. 17, Ch. 398, L. 1993; amd. Sec. 20, Ch. 626, L. 1993; amd. Sec. 4, Ch. 354, L. 1997; amd. Sec. 2, Ch. 190, L. 2003; amd. Sec. 2, Ch. 327, L. 2005.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 5. Gambling › Part 6. Video Gaming Machine Control Law › 23-5-635. Repealed

23-5-635. Repealed.
Sec. 68, Ch. 642, L. 1989.
History: En. Sec. 5, Ch. 317, L. 1987.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 5. Gambling › Part 6. Video Gaming Machine Control Law › 23-5-636. Repealed

23-5-636. Repealed.
Sec. 68, Ch. 642, L. 1989.
History: En. Sec. 7, Ch. 317, L. 1987.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 5. Gambling › Part 6. Video Gaming Machine Control Law › 23-5-637. Approved automated accounting and reporting systems

23-5-637. Approved automated accounting and reporting systems.
(1) For the purposes of performing its duties under this chapter, minimizing regulatory costs, simplifying the reporting of video gambling machine revenue data, preserving the integrity of video gambling machines within its jurisdiction, lessening administrative and recordkeeping burdens for licensed machine owners and licensed operators and the department, and enhancing the management tools available to the industry and the state, the department may approve an automated accounting and reporting system for video gambling machines.
(2) Except as provided in subsection (6) or as provided in an agreement for multiple-game software, utilization of an approved automated accounting and reporting system is voluntary for licensed machine owners and licensed operators who hold a valid current license.
(3) An approved automated accounting and reporting system must provide for the recording and entry of video gambling machine permit and tax information and for the electronic transfer of funds through the use of web entry technology, the internet, or direct electronic communication with the department.
(4) (a) Information from an approved automated accounting and reporting system may be submitted electronically, manually, or in any other way considered appropriate by the department. Licensed gambling operators may choose which form of reporting occurs. A player rewards system may be used by any licensed gambling operator regardless of the type of automated accounting and reporting system used by the licensed gambling operator.
(b) For information submitted electronically, the approved automated accounting and reporting system data must be made available for access by the route operator, the licensed gambling operator, and the automated accounting and reporting system provider.
(5) A permit may not be issued for a video gambling machine manufactured after July 1, 2005, that is not manufactured in a manner specifically designed to comply with communications standards adopted by department rules.
(6) If a permitholder voluntarily utilizes an approved automated accounting and reporting system for one or more video gambling machines at a premises, all video gambling machines on the premises that utilize the approved system, including video gambling machines replacing video gambling machines that utilize the approved system, must continue to use the approved system as long as video gambling machines are operated on the premises.
History: En. Sec. 1, Ch. 424, L. 1999; amd. Sec. 5, Ch. 210, L. 2003; amd. Sec. 5, Ch. 319, L. 2005; amd. Sec. 4, Ch. 98, L. 2021.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 5. Gambling › Part 6. Video Gaming Machine Control Law › 23-5-638. Repealed

23-5-638. Repealed.
Sec. 6, Ch. 319, L. 2005.
History: En. Sec. 2, Ch. 424, L. 1999.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 5. Gambling › Part 6. Video Gaming Machine Control Law › 23-5-646. Terminated

23-5-646. Terminated.
Sec. 39, Ch. 15, Sp. L. July 1992.
History: En. Sec. 28, Ch. 15, Sp. L. July 1992; amd. Sec. 32, Ch. 455, L. 1993.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 5. Gambling › Part 7. Casino Nights › 23-5-701. Definitions

23-5-701. Definitions.
Unless the context requires otherwise, for purposes of this part, "casino night" means a fundraising event during which wagers may be made in gambling activities authorized in 23-5-702 through the use of imitation money.
History: En. Sec. 14, Ch. 647, L. 1991.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 5. Gambling › Part 7. Casino Nights › 23-5-702. Casino nights authorized

23-5-702. Casino nights authorized.
(1) Nonprofit organizations may conduct or participate in a casino night.
(2) The following gambling activities may be conducted during a casino night:
(a) live card games authorized under 23-5-311;
(b) live bingo and keno games; and
(c) raffles.
History: En. Sec. 15, Ch. 647, L. 1991.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 5. Gambling › Part 7. Casino Nights › 23-5-705. Application for permit

23-5-705. Application for permit.
(1) A nonprofit organization may apply to the department for a casino night permit on a form prescribed and furnished by the department. The application must be accompanied by a fee of $25.
(2) The application must include:
(a) the name and address of the applicant;
(b) the name and address of the applicant's officers;
(c) the location, date, and time at which the applicant will conduct the casino night;
(d) sufficient evidence concerning the structure and operation of the organization to enable the department to determine whether the applicant is a nonprofit organization; and
(e) other relevant information requested by the department.
History: En. Sec. 16, Ch. 647, L. 1991.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 5. Gambling › Part 7. Casino Nights › 23-5-706. Issuance of permit -- disposition of fee

23-5-706. Issuance of permit -- disposition of fee.
(1) After review of an application submitted under 23-5-705, the department may issue to the applicant a casino night permit. Only one permit may be issued to the applicant each year. The permit is valid for only one location and is not assignable or transferable.
(2) The department shall retain the fee provided for in 23-5-705 for administrative purposes.
History: En. Sec. 17, Ch. 647, L. 1991.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 5. Gambling › Part 7. Casino Nights › 23-5-710. Requirements for conducting casino nights

23-5-710. Requirements for conducting casino nights.
A nonprofit organization that has obtained a permit under 23-5-706 shall conduct a casino night in compliance with the following conditions:
(1) (a) Except as provided in subsection (1)(b), a casino night may not last more than 12 consecutive hours.
(b) A casino night may be split into two separate, 6-consecutive hour sessions that may not be held on the same day but must be held in the same calendar year.
(2) The casino night must be managed and operated only by members of the nonprofit organization that was issued the permit under 23-5-706. The members may not be compensated for their services.
(3) Only merchandise or cash may be awarded as prizes.
(4) Proceeds derived from the casino night, after payment of reasonable administrative expenses, may be used only for a civic, charitable, or educational purpose, and administrative expenses may not exceed 50% of the proceeds.
(5) If cash prizes are awarded, the prizes for bingo and keno may not exceed the prize limits established in 23-5-412. Live card games must be limited to those authorized in 23-5-311, and the prizes may not exceed the prize amount established in 23-5-312.
(6) A casino night may not include a card game tournament provided for in 23-5-317.
History: En. Sec. 18, Ch. 647, L. 1991; amd. Sec. 1, Ch. 171, L. 1999; amd. Sec. 6, Ch. 101, L. 2007.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 5. Gambling › Part 7. Casino Nights › 23-5-711. Nonapplicability of certain gambling laws

23-5-711. Nonapplicability of certain gambling laws.
The provisions of parts 3 and 4 of this chapter, except 23-5-311, do not apply to live card games, live bingo or keno games, or raffles conducted during a casino night.
History: En. Sec. 19, Ch. 647, L. 1991.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 5. Gambling › Part 7. Casino Nights › 23-5-715. Rules

23-5-715. Rules.
The department shall adopt rules to administer this part. At a minimum, the rules must address application procedures and play of the games during a casino night.
History: En. Sec. 20, Ch. 647, L. 1991.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 5. Gambling › Part 8. Fantasy Sports Leagues › 23-5-801. Fantasy sports leagues defined

23-5-801. Fantasy sports leagues defined.
As used in this part, a "fantasy sports league" means a gambling activity conducted in the following manner:
(1) A fantasy sports league consists of a limited number of persons or groups of persons who pay an entrance fee for membership in the league. The entrance fee may include an administrative fee.
(2) Each league member creates a fictitious team composed of athletes from a given professional sport, such as baseball, basketball, or football. Player selection is conducted through random drawings, a bidding process, or by selection from a roster prepared by the parimutuel network coordinator.
(3) Except for fantasy sports leagues operated under Title 23, chapter 4, after the initial teams are selected, interim replacement of players may occur by trade or purchase. A specific fee, which may not exceed the total entrance fee, is charged for each transaction.
(4) A method, as defined by league rules, is devised to permit each team to compete against other teams in the league. Points are awarded to a team according to the performance of individual players or teams or both during a designated time period.
(5) A league member may be eligible to receive a payout based on the number of points accumulated. Payouts, which may be in the form of cash or prizes, are awarded according to league rules.
(6) The roster of eligible participants prepared by the parimutuel network must be provided to each league member.
(7) Rules governing the conduct of the fantasy sports league must be provided in writing to each league member.
History: En. Sec. 21, Ch. 647, L. 1991; amd. Sec. 8, Ch. 387, L. 2007.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 5. Gambling › Part 8. Fantasy Sports Leagues › 23-5-802. Fantasy sports leagues authorized

23-5-802. Fantasy sports leagues authorized.
It is lawful to conduct or participate in a fantasy sports league, including a fantasy sports league that is operated under a parimutuel system of wagering regulated under Title 23, chapter 4. It is unlawful to wager on a fantasy sports league by telephone or by the internet.
History: En. Sec. 22, Ch. 647, L. 1991; amd. Sec. 9, Ch. 387, L. 2007.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 5. Gambling › Part 8. Fantasy Sports Leagues › 23-5-805. Payouts -- administrative fees charged by commercial establishments

23-5-805. Payouts -- administrative fees charged by commercial establishments.
(1) Except as provided in subsection (2)(b), the total value of payouts to all league members must equal the amount collected for entrance, administrative, and transactions fees, minus payment for administrative expenses.
(2) (a) Except as provided in subsection (2)(b), if a commercial establishment charges an administrative fee for conducting a fantasy sports league, the fee for each participant may not be more than 15% of the amount charged as a participant's entrance fee.
(b) The parimutuel network, as defined in 23-4-101, shall distribute all funds wagered on fantasy sports leagues in any wagering pool pursuant to the requirements of 23-4-302 and 23-4-304.
History: En. Sec. 23, Ch. 647, L. 1991; amd. Sec. 10, Ch. 387, L. 2007.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 5. Gambling › Part 8. Fantasy Sports Leagues › 23-5-806. Repealed

23-5-806. Repealed.
Sec. 24, Ch. 284, L. 2019.
History: En. Sec. 24, Ch. 647, L. 1991; amd. Sec. 11, Ch. 387, L. 2007.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 5. Gambling › Part 8. Fantasy Sports Leagues › 23-5-810. Violations

23-5-810. Violations.
A person who purposely or knowingly violates or procures, aids, or abets in a violation of this part is guilty of a misdemeanor punishable under 23-5-161.
History: En. Sec. 25, Ch. 647, L. 1991.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 5. Gambling › Part 11. Calcutta Pools (Renumbered and Repealed) › 23-5-1101. Renumbered 23-5-221

23-5-1101. Renumbered 23-5-221.
Sec. 72, Ch. 642, L. 1989.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 5. Gambling › Part 11. Calcutta Pools (Renumbered and Repealed) › 23-5-1102. Renumbered 23-5-222

23-5-1102. Renumbered 23-5-222.
Sec. 72, Ch. 642, L. 1989.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 5. Gambling › Part 11. Calcutta Pools (Renumbered and Repealed) › 23-5-1103. Repealed

23-5-1103. Repealed.
Sec. 68, Ch. 642, L. 1989.
History: En. Sec. 3, Ch. 550, L. 1987.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 5. Gambling › Part 11. Calcutta Pools (Renumbered and Repealed) › 23-5-1104. Repealed

23-5-1104. Repealed.
Sec. 68, Ch. 642, L. 1989.
History: En. Sec. 4, Ch. 550, L. 1987.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 5. Gambling › Part 11. Calcutta Pools (Renumbered and Repealed) › 23-5-1105. Renumbered 23-5-223

23-5-1105. Renumbered 23-5-223.
Sec. 72, Ch. 642, L. 1989.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 5. Gambling › Part 11. Calcutta Pools (Renumbered and Repealed) › 23-5-1106. Renumbered 23-5-224

23-5-1106. Renumbered 23-5-224.
Sec. 72, Ch. 642, L. 1989.