23.16.121 LEASING OF LICENSE PROHIBITED
(1) A gambling license or permit is a privilege personal to the gambling licensee and may not be leased, assigned, or transferred to another person.
(2) The department's examination to determine the existence of a lease or other similar arrangement includes, but is not limited to, the following factors:
(a) the nature of various employment relationships (e.g., "lessee"/"lessor", "lessee"/gambling-related employees, "lessor"/gambling-related employees) ;
(b) responsibility for liabilities (e.g., payment of taxes, insurance, rent; liability for injury; violations of law) ;
(c) methods and amounts of reimbursement (e.g., to "lessor", to "lessee") ;
(d) eventual transfer of business; and
(e) any other evidence indicating the existence of a lease or other method of conveyance.
(3) This rule does not prohibit a licensed operator from entering into an agreement with a licensed card room contractor to operate one or more live card game tables on the operator's premises.
History: 23-5-115, MCA; IMP, 23-5-110, 23-5-159, MCA; NEW, 1991 MAR p. 1942, Eff. 10/18/91; AMD, 1998 MAR p. 1176, Eff. 5/1/98.