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(1) The following card games are authorized by law and must be played only in the manner set out for that game in the applicable authority reference:

(a) the poker games of Texas Hold'em, Draw Poker, Omaha, Seven Card Stud, and their variations as well as general poker rules and practices, according to the Official Montana Poker Rulebook (version 2014); and

(b) other poker variations, as well as the games of bridge, cribbage, hearts, panguingue, pinochle, pitch, rummy, solo, and whist, according to Scarne's Encyclopedia of Card Games, copyright 1983, by John Scarne, pages 18 through 276.

(2) Card games not specifically authorized herein are prohibited.

(3) The department may approve other proposed variations of card games authorized by Title 23, chapter 5, MCA. Banking games are not considered variations of authorized card games that are eligible for department approval. Persons submitting card games for approval must provide the following information to the department:

(a) a complete description of the play of game, including but not limited to, the ranking of cards, betting procedures, number of cards in the showdown, and role of the house in the game; and

(b) the history of game.

(4) The department may require an actual demonstration of any game submitted for approval.

(5) Upon completion by the department of its investigation of a proposed card game variation, the department shall notify in writing the person submitting the card game variation of its intended action. If the person then desires a hearing, he or she must submit a written request to the department within 20 days. From that point onward, all proceedings shall be conducted in accordance with the Montana Administrative Procedure Act and the Attorney General's Model Rules of Procedure.

(6) No variations other than those authorized by the department may be played prior to department approval.

History: 23-5-115, MCA; IMP, 23-5-311, MCA; EMERG, NEW, 1990 MAR p. 286, Eff. 2/9/90; AMD, 1991 MAR p. 196, Eff. 2/15/91; AMD, 1991 MAR p. 1942, Eff. 10/18/91; AMD, 1993 MAR p. 2786, Eff. 11/25/93; AMD, 1994 MAR p. 2834, Eff. 10/28/94; AMD, 2014 MAR p. 1505, Eff. 7/11/14.

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