Mont. Code Ann. § 23-5-153
Possession and sale of antique illegal gambling devices
En. Sec. 1, Ch. 197, L. 1949; Sec. 94-2429, R.C.M. 1947; redes. 94-8-428 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 94-8-428; (2) thru (5)En. Sec. 1, Ch. 503, L. 1983; amd. Sec. 2, Ch. 503, L. 1983; amd. Sec. 1, Ch. 364, L. 1989; amd. Secs. 22, 73, Ch. 642, L. 1989; Sec. 23-5-104, MCA 1987; redes. 23-5-153 by Code Commissioner, 1989; amd. Sec. 28, Ch. 647, L. 1991; amd. Sec. 11, Ch. 134, L. 2005; amd. Sec. 3, Ch. 429, L. 2007.
- (1) For the purposes of this section, an antique illegal gambling device is an illegal gambling device that at any present time is more than 25 years old.
- (2) Except as provided in 23-5-152(6) and subsection (3) of this section, an antique illegal gambling device may be possessed, located, and operated only in a private residential dwelling.
(3)
(a) An antique illegal gambling device may be possessed or located for purposes of display only and not for operation:
- (i) in a retail business establishment or public or private museum; or
- (ii) in any other public place if the device has been made permanently inoperable for purposes of conducting a gambling activity.
- (b) A licensed manufacturer-distributor or a person licensed under subsection (4) may possess antique illegal gambling devices for purposes of commercially selling or otherwise supplying the devices.
- (4) A person other than a licensed manufacturer-distributor may not sell more than three antique illegal gambling devices in a 12-month period without first obtaining from the department a license for selling the antique illegal gambling devices. The fee for the license is $50, and the license is valid for 3 years from the date that the license is issued. The fee must be retained by the department for administrative purposes. The department may not issue a license under this subsection to a licensed operator.
- (5) A person or entity legally possessing an antique illegal gambling device under subsection (2) or (3) may sell or otherwise supply a device to another person or entity who may legally possess an illegal gambling device.
- (6) An antique illegal gambling device may not be operated for any commercial or charitable purpose.
History: En. Sec. 1, Ch. 197, L. 1949; Sec. 94-2429, R.C.M. 1947; redes. 94-8-428 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 94-8-428; (2) thru (5)En. Sec. 1, Ch. 503, L. 1983; amd. Sec. 2, Ch. 503, L. 1983; amd. Sec. 1, Ch. 364, L. 1989; amd. Secs. 22, 73, Ch. 642, L. 1989; Sec. 23-5-104, MCA 1987; redes. 23-5-153 by Code Commissioner, 1989; amd. Sec. 28, Ch. 647, L. 1991; amd. Sec. 11, Ch. 134, L. 2005; amd. Sec. 3, Ch. 429, L. 2007.