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23.16.301    SHAKE-A-DAY GAMES

(1) All shake-a-day games are subject to these general rules:

(a) only establishments licensed for the sale of alcoholic beverages to be consumed on the premises may offer shake-a-day games;

(b) the price per play may not exceed 50 cents;

(c) a player may play more than one pot per day, but may not play any individual pot more than once per day;

(d) the player must be allowed to choose the pot or pots the player plays;

(e) no more than five dice may be used;

(f) a gambling operator may offer noncash prizes for a winning combination, but the gambling operator may not award an additional roll of the dice; and

(g) the licensee must record and retain for 90 days the winner's name and contact information, the date, and the amount won.

(2) Cash in a shake-a-day pot is subject to the following provisions:

(a) the establishment may contribute cash to initially fund the pot, but that contribution may not be removed to reimburse the licensee;

(b) the establishment may not remove money from a pot for any reason, including reimbursing the licensee for noncash prizes such as drinks or merchandise awarded to players;

(c) the establishment may not cap the total cash in a pot, which must be allowed to grow until a winner is declared;

(d) the pot collected in each shake-a-day game must be kept separate from other shake-a-day pots and the establishment's other cash;

(e) the establishment may secure a pot on the premises, but the cash must be available to all employees and immediately paid to the winning player; and

(f) except for a predetermined percentage held back to fund a following game, the winner must receive all of the cash in a pot.

(3) Each establishment offering a shake-a-day game must clearly post the rules of the house games, which must include:

(a) price per play for each pot, which may not exceed 50 cents;

(b) the total cash in the pot, updated daily;

(c) the dice combinations required to win the pot or noncash prizes supplied by the gambling operator; and

(d) the percentage of the pot retained from a win to be used to fund the next game.


History: 23-5-115, MCA; IMP, 23-5-160, MCA; NEW, 1993 MAR p. 2786, Eff. 11/25/93; NEW, 1994 MAR p. 2834, Eff. 10/28/94; AMD, 2019 MAR p. 1860, Eff. 10/19/19; AMD, 2022 MAR p. 48, Eff. 1/15/22.

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