99-01.3-12.1-04. Requirements of an alcoholic beverage establishment and an organization.

1. An alcoholic beverage establishment or organization employee may pay a winning player a cash or merchandise prize won on a prize board.

2. An alcoholic beverage establishment employee or an employee shall deface a winning number or symbol of a pull tab when it is redeemed.

3. An alcoholic beverage establishment or organization employee shall display the prize board while the board is in play.

4. An alcoholic beverage establishment employee or an employee may not:

a. Assist a player in opening a pull tab except to assist a disabled player;

b. Knowingly pay a prize to a player who is redeeming a pull tab that has been defaced, tampered with, counterfeited, or has a game serial number different from the serial number of the deal in play;

1. c. Knowingly pay a prize to a player who is redeeming a pull tab when the player with the pull tab has left the gaming area of a site;
2. d. Publicly display a redeemed pull tab;
3. e. Knowingly pay a prize for a pull tab after fifteen minutes has elapsed since it was bought. If a player attempts to redeem a pull tab after the allowed time limit, an alcoholic beverage establishment employee or an employee shall, if possible, retain and void the pull tab;
4. f. Pay, from gaming funds or any other source, a prize to a player unless the player redeems an actual winning pull tab that has a game serial number from a game conducted at the site; or
5. g. Reimburse, from any source of funds, an amount to a player for play of a game that has a manufacturing defect, unless the attorney general approves.1. 5. If a device malfunctions, is inoperable, and a player has a credit, an alcoholic beverage establishment employee or an employee shall pay the player for the player's unplayed credits and record the refund on a credit redemption register. An alcoholic beverage establishment shall provide this form to an organization to claim a reimbursement. If a player's currency jams in a currency validator and a device does not show a credit, an alcoholic beverage establishment employee may not reimburse a player, and shall record the jam on a credit redemption register and notify an organization. If an organization determines that a device is cash long, the organization shall reimburse a player by cash or check.

2. 6. An alcoholic beverage establishment employee and an employee shall document and attest to the total cash prizes of redeemed winning pull tabs that are exchanged for cash or check. These pull tabs must be grouped, banded, and retained separate from other pull tabs that an organization employee may have redeemed and separately from any other dispensing device pull tabs redeemed at the site.

3. 7. An organization shall provide an alcoholic beverage establishment employee, and an alcoholic beverage establishment shall maintain, a current copy of subsection 8 of section 99-01.3-02-03, sections 99-01.3-02-05, 99-01.3-02-09, 99-01.3-03-08, and 99-01.3-12.1-03, and this section regarding the alcoholic beverage establishment employee's and alcoholic beverage establishment's duties and restrictions.

4. 8. A player having a pull tab with a number matching a predesignated number on a board for a seal prize signs the player's full name on the numbered line or supplemental sheet. Only one player's name may be signed on a specific line. When all tickets from a prize board have been sold, an alcoholic beverage establishment employee or an employee may remove the seal revealing the winning prize number, obtain the winner's information for a record of win form, and award the prize to the winning player. If the alcoholic beverage establishment employee cannot locate the winning player, the employee shall contact the organization.

History: Effective July 1, 2010; amended effective April 1, 2016; July 1, 2026.

General Authority: NDCC 53-06.1-01.1

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