(1) Carnival games that are intended to be operated at a fair or carnival may be submitted to the department for analysis with the purpose of determining if the games meet the requirements of 23-6-102, MCA. No games shall be authorized unless specifically approved by the department following a review of the game and how it is played. The department may authorize a game not listed in 23-6-104, MCA, if, after careful review, it can be demonstrated that winning is not contingent upon lot or chance and is based upon the skill of the player as defined under 23-6-104(2)(h)(xiv), MCA. No device, machine, instrument, apparatus, contrivance, scheme, or system which meets the definition of gambling as in 23-5-112, MCA, shall be approved.

(2) The actual game must be submitted, not a facsimile or description of the game. The following information must be included with each game submitted:

(a) the name of the person or entity submitting the game, with address and telephone number;

(b) instructions for operation of the game and rules by which the game is played;

(c) all technical manuals, schematics, printed wire assembly and hardware block diagrams, microprocessor manuals, source listings, flow charts, programmer's comments (if applicable); and

(d) any pertinent information the department may deem necessary to complete the review.

(3) A fee shall be collected to offset the department's costs associated with the review, and shall be based on staff time expended to complete the review and shall be charged on an hourly basis. The fee shall be the responsibility of the individual or entity submitting the game. No approval shall be considered final until the fees have been paid.

(4) The individual or entity submitting the game for review shall be responsible for transportation of the game to and from the department's offices.

(5) The department shall have 30 days after submission of the game to complete the review. Final approval shall be given only after payment of fees.