1. (1) The terms antique gambling device and public gambling have the definitions found in 23-5-112, MCA.

2. (2) An antique gambling device may be operated only:

   1. (a) for public gambling by a licensed gambling operator if the device is a VGM permitted as required by law; or
   2. (b) in a private residential dwelling for purposes other than public gambling.

3. (3) A licensee or nonlicensee may possess an antique gambling device that is not permitted as a VGM or that does not qualify for a permit. The device may be displayed in a public setting, but the device must not be offered for play and must be:

   1. (a) inaccessible to the public by restricted placement, glass enclosure, or other effective physical barriers to reach; or
   2. (b) rendered inoperable for purposes of conducting a gambling activity.
4. (4) A licensed gambling operator shall notify the department in writing before displaying an antique gambling device on the licensed premises.
5. (5) An antique gambling device may be offered for sale, subject to the restrictions of 23-5-153, MCA, and all other applicable federal, state, and tribal laws.

6. (6) To qualify as an antique gambling device, a device must conform to the age standards set forth in 23-5-112, MCA, and the proof standards set forth in 23-5-153, MCA. An antique gambling device may be restored but:

   1. (a) must possess mostly original cabinet parts, castings, and components; and
   2. (b) the mechanical mechanism or electronic components must be substantially original in parts and design.

Authorizing statute(s): 23-5-115, MCA

Implementing statute(s): 23-5-112, 23-5-152, 23-5-153, MCA

History: NEW, 2019 MAR p. 1860, Eff. 10/19/19.