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1 **** BILL NO. ****
2 INTRODUCED BY ****
3
4 A BILL FOR AN ACT ENTITLED: “AN ACT GENERALLY REVISING GAMBLING LAWS; REVISING LAWS
5 RELATING TO LIVE GAMBLING; ALLOWING CERTAIN NONPROFIT, INDIVIDUAL LIVING HISTORY
6 VOLUNTEERS AND HISTORICAL ORGANIZATIONS TO CONDUCT LIVE GAMBLING UNDER CERTAIN
7 CIRCUMSTANCES; REVISING LAWS RELATING TO ANTIQUE GAMBLING DEVICES; AMENDING
8 SECTIONS 23-5-112, 23-5-153, 23-5-161, 23-5-162, 23-5-311, 23-5-313, 23-5-406, 23-5-407, 23-5-408, 23-5-
9 409, 23-5-410, 23-5-414, 23-5-424, 23-5-425, AND 23-5-426, MCA; PROVIDING AN IMMEDIATE EFFECTIVE
10 DATE.”
11
12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
13
14 NEW SECTION. Section 1. Wild west casino nights -- definition. (1) [Sections 1 through 6] may be
15 referred to as the "Wild West Casino Nights Act."
16 (2) Unless context requires otherwise, for purposes of this part, the term "wild west casino night" Commented [JW1]: Would you like to define a “living
history nonprofit organization” in this section?
17 means a fundraising event during which wagers may be made in antique gambling activities authorized 23-5-
18 311 through the use of imitation money.
19
20 NEW SECTION. Section 2. Wild west casino nights authorized. (1) A living history nonprofit
21 organization may conduct or participate in a wild west casino night. A living history nonprofit organization may
22 consist of a nonprofit living history organization, an individual living history volunteer, or a history reenacting
23 organization. Commented [JW2]: I added this to make it clear that a
living history nonprofit organization includes these
24 (2) The following gambling activities may be conducted during a wild west casino night: entities. If you defined “living history nonprofit
organization” in Section 1, this sentence could be
25 (a) live gambling authorized under 23-5-311; moved to that definition.
26 (b) the use of an apparatus, implement, or device, by whatever name known, specifically designed
27 to be used in conducting an illegal gambling enterprise, including a faro box, faro layout, roulette wheel, roulette
28 table, craps table, or slot machine;
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1 (c) the use of antique gambling devices;
2 (d) card games;
3 (d) raffles; and
4 (e) any gambling activity defined in 23-5-112. Commented [JW3]: I have added specific gambling
activities that would be allowed under this section. Let
5 me know what you think.
6 NEW SECTION. Section 3. Application for permit. (1) A nonprofit organization may apply to the
7 department for a casino night permit on a form prescribed and furnished by the department. The application Commented [JW4]: Do you want to call this a “Wild
West casino permit”?
8 must be accompanied by a fee of $25.
9 (2) The application must include:
10 (a) the name and address of the applicant;
11 (b) the name and address of the applicant's officers;
12 (c) sufficient evidence concerning the structure and operation of the organization to enable the
13 department to determine whether the applicant is a nonprofit organization; and
14 (d) other relevant information requested by the department.
15
16 NEW SECTION. Section 4. Issuance of permit -- disposition of fee.
17 (1) After review of an application submitted under 23-5-805, the department may issue to the
18 applicant a casino night permit. Only one permit may be issued to the applicant each year.
19 (2) The department shall retain the fee provided for in 23-5-805 for administrative purposes.
20
21 NEW SECTION. Section 5. Requirements for conducting casino nights. A living history nonprofit Commented [JW5]: This section could be merged with
Section 2 to be a bit more efficient.
22 organization that has obtained a permit shall conduct a casino night in compliance with the following conditions:
23 (1) (a) Except as provided in subsection (1)(b), a casino night may not last more than 12 consecutive
24 hours.
25 (b) A casino night may be split into two separate, 6-consecutive hour sessions that may not be
26 held on the same day but must be held in the same calendar year.
27 (2) The casino night must be managed and operated only by members of the nonprofit
28 organization that was issued the permit. The members may not be compensated for their services.
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1 (3) Only merchandise or cash may be awarded as prizes.
2 (4) Proceeds derived from the casino night, after payment of reasonable administrative expenses,
3 may be used only for a civic, charitable, or educational purpose, and administrative expenses may not exceed
4 50% of the proceeds.
5 (5) If cash prizes are awarded, the prizes for bingo and keno may not exceed the prize limits
6 established in 23-5-412. Live card games must be limited to those authorized in 23-5-311, and the prizes may
7 not exceed the prize amount established in 23-5-312.
8
9 NEW SECTION. Section 6. Rules. The department shall adopt rules to administer this part. At a
10 minimum, the rules must address application procedures and play of the games during a casino night.
11
12 Section 7. Section 23-5-112, MCA, is amended to read:
13 "23-5-112. Definitions. Unless the context requires otherwise, the following definitions apply to parts
14 1 through 8 of this chapter:
15 (1) "Antique gambling device" means:
16 (a) an illegal gambling device manufactured prior to 1994; or
17 (b) any gambling device which, at any present time, is 30 years old or older; or
18 (c) any original gambling or reproduction gambling device manual or mechanical from the period
19 prior to 1877.
20 (2) "Applicant" means a person who has applied for a license or permit issued by the department
21 pursuant to parts 1 through 8 of this chapter.
22 (3) "Application" means a written request for a license or permit issued by the department. The
23 department shall adopt rules describing the forms and information required for issuance of a license.
24 (4) "Associated gambling business" means a person who provides a service or product to a
25 licensed gambling business and who:
26 (a) has a reason to possess or maintain control over gambling devices;
27 (b) has access to proprietary information or gambling tax information; or
28 (c) is a party in processing gambling transactions.
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1 (5) "Authorized equipment" means, with respect to live keno or bingogaming, equipment that may
2 be inspected by the department and that randomly selects the numbers.
3 (6) "Bingo" means a gambling activity played for prizes with a card bearing a printed design of 5
4 columns. The letters B-I-N-G-O must appear above the design, with each letter above one of the columns.
5 More than 75 numbers may not be used. One or more numbers may appear in each square, except for the
6 center square, which may be considered a free play. Numbers must be randomly drawn using authorized
7 equipment until the game is won by the person or persons who first cover one or more previously designated
8 arrangements of numbers on the bingo card.
9 (7) "Bingo caller" means a person 18 years of age or older who, using authorized equipment,
10 announces the order of the numbers drawn in live bingo.
11 (8) "Bingo session" means all activities incidental to a series of bingo games conducted by a
12 licensed operator beginning when the first bingo ball is drawn in the first game of bingo.
13 (9) "Card game table" or "table" means a live card game table:
14 (a) authorized by permit and made available to the public on the premises of a licensed gambling
15 operator; or
16 (b) operated by a senior citizen center; or
17 (c) by a registered nonprofit living history, individual living history volunteer, or reenacting
18 organization.
19 (10) "Card game tournament" means a gambling activity for which a permit has been issued
20 involving participants who pay valuable consideration for the opportunity to compete against each other in a
21 series of live card games conducted over a designated period of time.
22 (11) "Dealer" means a person with a dealer's license issued under part 3 of this chapter.
23 (12) "Department" means the department of justice.
24 (13) "Distributor" means a person who:
25 (a) purchases or obtains from a licensed manufacturer, distributor, route operator, or operator
26 equipment of any kind for use in gambling activities; and
27 (b) sells the equipment to a licensed manufacturer, distributor, route operator, or operator.
28 (14) (a) "Gambling" or "gambling activity" means risking any money, credit, deposit, check, property,
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1 or other thing of value for a gain that is contingent in whole or in part upon lot, chance, or the operation of a
2 gambling device or gambling enterprise.
3 (b) The term does not mean conducting or participating in:
4 (i) promotional games of chance;
5 (ii) amusement games regulated by Title 23, chapter 6, part 1;
6 (iii) social card games of bridge, cribbage, hearts, pinochle, pitch, rummy, solo, and whist played
7 solely for prizes of minimal value or no value, as defined by department rule; or
8 (iv) patron dice games as defined in this section.
9 (15) "Gambling device" means a an original or reproduction mechanical, electromechanical, or
10 electronic device, machine, slot machine, instrument, apparatus, contrivance, scheme, or system used or
11 intended for use in any gambling activity.
12 (16) "Gambling enterprise" means an activity, scheme, or agreement or an attempted activity,
13 scheme, or agreement to provide gambling or a gambling device to the public.
14 (17) (a) "Gift enterprise" means a gambling activity in which persons have qualified to obtain
15 property to be awarded by purchasing or agreeing to purchase goods or services.
16 (b) The term does not mean:
17 (i) a cash or merchandise attendance prize or premium that county fair commissioners of
18 agricultural fairs and rodeo associations may give away at public drawings at fairs and rodeos;
19 (ii) a promotional game of chance;
20 (iii) an amusement game regulated under Title 23, chapter 6;
21 (iv) a savings promotion raffle offered by a bank, trust company, mutual savings bank, savings and
22 loan association, or credit union authorized to do business and accept deposits in this state under state or
23 federal law and conducted in compliance with 23-5-413 that entitles individual members or depositors equal
24 chances to win a designated prize by depositing a sum of money during a specified savings period; or
25 (v) an entry into a raffle as a result of paying membership dues or making a purchase of an item
26 offered during a fundraising event held by a nonprofit organization.
27 (18) "Gross proceeds" means gross revenue received less prizes paid out.
28 (19) "Heads or tails" means a gambling activity in which players attempt to predict the outcome of a
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1 coin toss. Those who are incorrect are eliminated and those who are correct continue to another round until one
2 winning player remains and is awarded a prize.
3 (20) "House player" means a person participating in a card game who has a financial relationship
4 with the operator, card room contractor, or dealer or who has received money or chips from the operator, card
5 room contractor, or dealer to participate in a card game.
6 (21) "Illegal gambling device" means a gambling device not specifically authorized by statute or by
7 the rules of the department. The term includes:
8 (a) a ticket or card, by whatever name known, containing concealed numbers or symbols that may
9 match numbers or symbols designated in advance as prize winners, including a pull tab, punchboard, push
10 card, tip board, pickle ticket, break-open, or jar game, except for one used under Title 23, chapter 7, under part
11 5 of this chapter, in a bingo game approved by the department under part 4 of this chapter, or in a promotional
12 game of chance approved by the department; and
13 (b) an apparatus, implement, or device, by whatever name known, specifically designed to be
14 used in conducting an illegal gambling enterprise, including a faro box, faro layout, roulette wheel, roulette
15 table, craps table, or slot machine, except as provided in 23-5-153 and [sections 1 through 6]. Commented [JW6]: The original draft deleted these
terms. It could be construed to mean that the draft is
16 (22) (a) "Illegal gambling enterprise" means a gambling enterprise that violates or is not specifically legalizing all of these activities. So, these edits have
kept this in the definition of “illegal gambling device”,
17 authorized by a statute or a rule of the department. The term includes: but have specifically exempted the new sections
allowing for a Wild West Casino.
18 (a)(i) a card game, by whatever name known, involving any bank or fund from which a participant
19 may win money or other consideration and that receives money or other consideration lost by the participant
20 and includes the card games of blackjack, twenty-one, jacks or better, baccarat, or chemin de fer;
21 (b)(ii) dice games known as craps, hazard, or chuck-a-luck, but not including patron dice games or
22 activities authorized by 23-5-160;
23 (c)(iii) credit gambling; and
24 (d)(iv) internet gambling.
25 (b) The term does not include gambling permitted as part of historic