Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.16 - GAMBLING CONTROL DIVISION › Subchapter 23.16.18 - Video Gambling Machines - General › Rule 23.16.1822 - PERMIT NOT TRANSFERABLE

Current through Register Vol. 13, July 5, 2024
(1) Except as
				provided below, any permit to operate an electronic video gambling machine is
				only valid for the permit holder and the premises identified on the permit
				application.
(2) When, during the
				first quarter of the permit year, a gambling operation changes ownership and
				the application for a new gambling operator license has been approved, the
				permit fee for the machines on the premises is $25 per machine if the $240
				licensing fee has already been paid for that machine for the permit
				year.
(3) A permit is also
				restricted to the particular machine approved by the department and identified
				on the permit application. No additional permit fee will be charged when a
				licensed premises changes its location and its permitted video gambling
				machines also move to the new location. No additional permit fee will be
				charged when permitted video gambling machines are converted to multigame and
				the owner of the machines has connected or signed an agreement with the
				department to be connected to the automated accounting and reporting
				system.
(4) A machine may not be
				moved from a licensee's premises and placed in service at another premises
				unless application is made for a new electronic video gambling machine permit,
				the permit fee is paid, and a new permit is issued. A new permit is required
				even if a machine has a current, unexpired permit for the former location.
(5) If a machine is destroyed as a
				result of an accident, criminal act, or natural disaster, and then replaced by
				a newly permitted machine, the unused portion of the fee paid on the destroyed
				machine will be applied as a credit to the fee due on the replacement machine.
				The department may require proof of destruction before credit is applied.
(6) A completed Letter of
				Withdrawal (LOW) must be submitted to the department when a permitted machine
				is removed from play and the premises prior to the renewal deadline of each
				year, June 30. The LOW must be submitted no later than ten days from the date
				the machine is removed from play. A LOW form is available upon request from the
				department. The LOW is not complete unless it is dated and signed by the
				licensee or a designated representative, and contains all of the information
				and attachments required by the department. Except as provided in (8), the
				provisions of this rule do not apply to a machine temporarily removed from play
				for repair service.
(7) Completed
				LOWs must also be submitted to the department for machines removed from play
				for the following reasons:
(a) a licensed
				location is closed for remodeling and machines are out of play for 30 days or
				more;
(b) a licensed location is
				opened only seasonally and machines are out of play for 30 days or more;
				or
(c) the alcoholic beverage
				license associated with a licensed location/operator is placed on non-use
				status and machines are taken out of play for 30 days or more; or
(d) the gambling operator's license has been
				suspended, revoked, or otherwise terminated.