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(1) The following definitions apply for this rule:

(a) the terms "illegal gambling device" and "public gambling" have the definitions found in 23-5-112, MCA; and

(b) the term "museum" means a facility or registered historic site, whether publicly or privately owned, where objects of historic, scientific, artistic, or cultural interest are exhibited or demonstrated to the public.

(2) An illegal gambling device may not be:

(a) possessed, sold, or exchanged for value except as allowed by 23-5-152, MCA; or

(b) operated by any person to offer public gambling.

(3) An illegal gambling device displayed in a public place other than a museum 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.

(4) 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.


History: 23-5-115, MCA; IMP, 23-5-112, 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; AMD, 2019 MAR p. 1860, Eff. 10/19/19.

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