1. 1. An alcoholic beverage establishment shall:

1. a. Place a device in a location where alcoholic beverages are dispensed and consumed and where an alcoholic beverage establishment employee regularly shall observe the device;

2. b. Prohibit a person from tampering or interfering with the operation or play of a device;

3. c. Have the electrical current to a device turned off unless alcoholic beverages may be dispensed, an alcoholic beverage establishment employee or an employee is available to redeem a winning pull tab, and an alcoholic beverage establishment has cash on hand to redeem a winning pull tab;

4. d. Absorb a loss related to a counterfeit or lost pull tab, redeemed pull tab that was not bought at the site, and loss or theft of the temporary loan of funds;

5. e. Repay an organization's temporary loan of funds immediately upon request from the organization that discontinues conducting pull tabs through a device at a site;

6. f. If a malfunction of a device is known by the alcoholic beverage establishment or its employee, turn the device off and promptly notify the organization. Otherwise, the alcoholic beverage establishment or its employee is responsible for any cash shortage; and

7. g. Use an organization's loan of money only to redeem a winning pull tab. If the alcoholic beverage establishment violates this rule, the attorney general may suspend any or all games at the site for up to six months.1. 2. An alcoholic beverage establishment employee may not access, attempt to access, or permit a person, other than an employee of an organization, to access the interior of a device for any reason.

2. 3. If an alcoholic beverage establishment employee believes that a deal is defective or there is a problem with a redeemed pull tab, the alcoholic beverage establishment employee shall contact an organization and may turn a device off.

3. 4. An alcoholic beverage establishment may accept or not accept a gaming-related check from a player. A player's check must be payable to an alcoholic beverage establishment. An alcoholic beverage establishment is responsible for a player's check returned by a financial institution as uncollectible. An alcoholic beverage establishment may allow a player to buy back the player's check with cash and may return a player's check to the player as part of a prize payout.

4. 5. Only an alcoholic beverage establishment employee who is authorized by an alcoholic beverage establishment may redeem a winning pull tab.

5. 6. An alcoholic beverage establishment employee may not summarize or audit a game of pull tabs for an organization.

History: Effective May 1, 1998; amended effective July 1, 2000; July 1, 2002; July 1, 2010; July 1, 2012; July 1, 2018; July 1, 2026.

General Authority: NDCC 53-06.1-01.1

Law Implemented: NDCC 53-06.1-01.1, 53-06.1-06