(1) "Act" means Title 23, chapter 5, part 6, MCA.

(2) "Applicant" means any person who has applied for a permit for a video gambling machine.

(3) "ASD" (audit storage device) means a removable, portable, nonvolatile, electronic, memory storage device that is compatible with a standard port on a personal computer and is used to store electronic records of audit tapes.

(4) "Conventional ROM device" means a device that cannot be altered while installed in a gaming device and may contain executable programs or data that are directly addressed by a processor.

(5) "Designated representative" means a person designated on forms provided by the department to be a representative of the licensed machine owner or operator. This designation is made for the purposes of filing quarterly reporting documents, applying for permits, receiving of forms, etc. However, the permit holder or machine owner remains responsible for maintaining accurate records, filing reports in a timely manner, or paying machine taxes due.

(6) "Destruction of a machine" may be the result of deliberate or accidental causes. However, in all cases a machine shall be considered destroyed only if it results in the machine never being able to function again. Such a claim must be verified to the satisfaction of the department.

(7) "EPROM" means an erasable and programmable read-only memory.

(8) "Game marked spots" means spots selected by a keno game that do not require player interaction.

(9) "Identification decal" means a decal permanently affixed to a video gambling machine and bears its unique identification number issued by the department.

(10) "Logic" means a digital integrated circuit.

(11) "Machine" means an electronic video gambling machine.

(12) "Machine permit" means a permit issued by the State of Montana which authorizes a specific machine to be operated as an electronic video gambling machine.

(13) "Modification" means a change or alteration to a video gambling machine that affects the manner or mode of play of the machine. The term includes any change to the control program, graphics program, or theoretical return percentage. The term does not include:

(a) a change in a video gambling machine from one approved configuration to another approved configuration or from one approved mode of play to another approved mode of play;

(b) replacement of one component with another approved component; or

(c) the rebuilding of a previously approved machine with approved components in an approved configuration.

(14) "Multi-game" means a combination of approved poker, keno and bingo games within the same video gambling machine cabinet that has been approved by the department.

(15) "PAL" means a programmable array logic or digital integrated circuit.

(16) "Predominant game" means a game, authorized under Title 23, chapter 5, part 6, MCA, the play of which can result in progression to a bonus game, and contributes more than 50% of the overall theoretical return.

(17) "PROM" means programmable read-only memory.

(18) "Royalty" means a defined hand combination, card value, and/or card position in the game of video poker which determines the award of multipliers, credit that can be redeemed for cash, free games, or altered play in subsequent games.

(19) "Simulates the game of draw poker" means plays by or mimics the generally accepted rules or methods of any of the various card games known as "draw poker", whether played against another player or the house. Methods include, but are not limited to, symbols used for or in place of images of playing cards, description, and wagering techniques. For purposes of this definition, a determination that a machine plays the game of draw poker is not solely based on the name of the game.

(20) "Theoretical return" means the calculation of expected payback per 23-5-607, MCA, computed by summing the award and probability products for all paytable combinations.

(21) "Trigger game" means a game authorized under Title 23, chapter 5, part 6, MCA, the playing of which determines progression to bonus games, free games, or altered play in subsequent games.

(22) "Valid ticket voucher" is a ticket produced by a machine that is the result of bona fide play of a gambling machine and not the result of player tampering, manipulation, or a machine malfunction that can be documented.

(23) "Video bingo" means the game of bingo as defined in Montana law when offered and simulated by a video gambling machine which uses video images and a random number generator rather than authorized equipment as defined in 23-5-112, MCA. The image or images projected on the video display of video bingo gambling machines are a material component of the game and shall not simulate an illegal gambling device or enterprise.

(24) "Video gambling machine" means a video poker, video keno, or video bingo machine as defined in 23-5-112, MCA, and including a multi-game machine as defined in this rule and authorized in 23-5-621, MCA.

(25) "Video keno" means the game of keno as defined in Montana law when offered and simulated by a video gambling machine which uses video images and a random number generator rather than authorized equipment as defined in 23-5-112, MCA. The image or images projected on the video display of video keno gambling machines are a material component of the game and shall not simulate an illegal gambling device or enterprise.

(26) "Video poker" means the games of draw poker, stud, or hold'em as defined in this rule when offered and simulated by a video gambling machine which uses video images and a random number generator.

(a) The images projected on the video display of video poker gambling machines are a material component of the game and shall not simulate an illegal gambling device or enterprise.

(b) Varieties of draw poker, stud, and hold'em must be found in the department's authority reference used for the live game of poker.

(27) "Win" means playing a video game authorized in Title 23, chapter 5, part 6, MCA, as defined by rule, achieving a defined paytable combination and receiving an award that can be redeemed for cash.