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(1) If an illegal gambling device as defined in 23-5-112, MCA, is displayed in a public place other than a museum, it must be:

(a) displayed in a manner so that it is not accessible for public use; and

(b) rendered permanently inoperable for purposes of conducting a gambling activity in the following manner:

(i) If the device is a punchboard, pull tab, or similar device, it must have all punches removed or be permanently sealed to prevent a person from selecting, punching, or breaking open a ticket, board, or card.

(ii) If the device is a roulette wheel, craps table, slot machine, or other similar illegal gambling device, all moveable parts must be welded or otherwise rendered permanently inoperable, or the entire device must be enclosed in a permanently sealed case.

(2) A licensed gambling operator shall notify the department in writing before displaying an illegal gambling device or an antique illegal gambling device on the licensed premises.

(3) Except as provided in (4), public display of an antique illegal gambling device must comply with the requirements of (1).

(4) An antique illegal gambling device, as defined in 23-5-153, MCA, may be:

(a) displayed only and not operated in a public or private museum;

(b) possessed and operated for private use only in a private residential dwelling; or

(c) displayed only and not operated in a retail business establishment if the device is being offered for resale.

(5) To qualify as an antique gambling device, a slot machine must have been manufactured more than 25 years prior to the date of possession, may be restored but must possess mostly original cabinet parts and castings, the mechanical mechanism must be substantially original in parts and design, and the machine must display its original serial number or show evidence where the original serial number once existed but was removed.


History: 23-5-115, MCA; IMP, 23-5-152, 23-5-153, MCA; NEW, 1991 MAR p. 1942, Eff. 10/18/91; AMD, 2005 MAR p. 1281, Eff. 7/15/05; AMD, 2007 MAR p. 848, Eff. 6/22/07; AMD, 2007 MAR p. 1544, Eff. 10/5/07.

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