N.D. Admin. Code § 99-01.3-16-09.6
An electronic pull-tab device is part of an electronic pull-tab device operating system approved by the attorney general. An electronic pull-tab device operating system must be dedicated primarily to electronic accounting, reporting, and the presentation, randomization, and transmission of electronic pull tabs to the electronic pull-tab device. It also must be capable of generating the data necessary to provide the reports required within this section or otherwise specified by the attorney general. A manufacturer of an electronic pull-tab device with operating system must have the device and system tested by an approved independent testing laboratory as required in section 99-01.3-16-10. All game themes, sounds, and music also must be approved by the attorney general prior to being available for play on an electronic pull-tab device in North Dakota. An electronic pull-tab device and operating system and related equipment used in the conduct of electronic pull tabs according to chapter 99-01.3-06.1 must meet these specifications:
1. 1. All equipment used to facilitate the distribution, play, or redemption of electronic pull tabs must be physically located within the boundaries of the state of North Dakota. Electronic pull-tab device operating systems and all secondary components must be located on the licensed premises.
2. 2. At least seven calendar days before an electronic pull-tab device and operating system enter the state of North Dakota, a manufacturer shall report the following information to the attorney general in writing:
1. a. Serial number of the electronic pull-tab device;
2. b. How the electronic pull-tab device will be transported into the state and name and address of the common carrier or person that will be transporting the electronic pull-tab device;
3. c. Gaming distributor and site where the pull-tab device will be placed;
4. d. Identification number of software components;
5. e. Certification; and
6. f. Date of delivery.
3. 3. At least seven calendar days before removal of an electronic pull-tab device and operating system from the state of North Dakota, the manufacturer shall report the following information to the attorney general in writing:
1. a. Serial number of the electronic pull-tab device;
2. b. Date on which it was removed;
3. c. Destination of the electronic pull-tab device; and
4. d. Name of the person to whom the electronic pull-tab device is to be transferred to, including the person's street address, business and home telephone numbers, how the electronic pull-tab device is to be transported, and name and address of the common carrier or person transporting the electronic pull-tab device.
4. 4. A manufacturer's central computer system must include a central server located in North Dakota which is accessible to the attorney general. The attorney general shall have the ability to remotely verify the operation, compliance, and internal accounting systems of the electronic
pull-tab operating system at any time. The attorney general shall have real time and complete access to all data and reports for all systems and devices.
1. 5. Manufacturers shall provide technical assistance and training in the service and repair of its electronic pull-tab devices and operating systems and associated equipment to distributors and organizations to ensure the continued, approved operation, and play of its devices and systems placed in the state. Manufacturers shall assist distributors according to subsection 26 of section 99-01.3-15-02 and a manufacturer representative shall sign and attest to the training provided on the required training document.
2. 6. An electronic pull-tab device site operating system must have a dedicated system site server. All electronic pull-tab games and game information must be stored on the site server. The site server must back up all game and accounting information automatically to the manufacturer's central server, at a minimum, immediately after the close of electronic pull-tab activity at a site each business day. All electronic pull-tab deals are considered in play when starting an electronic pull-tab game or when an electronic pull-tab deal is added to a game and all deals are considered in play until the game is closed.
3. 7. An electronic pull-tab device is only used as a means to communicate with a system site server and play electronic pull tabs. A device may not communicate game information directly to a manufacturer's central server. No electronic pull-tab game information may be stored on a device. All games and game information must be stored on the dedicated system site server. An electronic pull-tab device must allow a player to purchase an opportunity to play an electronic pull tab by insertion of United States paper currency or by insertion of the manufacturer's credit ticket voucher. A player wins if the player's electronic pull tab contains a combination of numbers, letters, or symbols that were designated in advance of the game as a winning combination. Each winning line or pattern on a winning pull tab constitutes an individual win. There may be multiple winning lines or patterns on each pull tab. Electronic pull-tab devices must only allow players to purchase and play electronic pull tabs. No other game may be played or represented that is a currently authorized North Dakota gaming activity. Authorized games for electronic pull-tab devices must conform to the following standards:
1. a. The available games, master flare for each game, and rules of play must be displayed on the electronic pull-tab device's video screen. Rules of play must include all winning combinations. The display clearly must indicate prizes in United States currency amounts.
2. b. All prize structure information for a deal must be accessible by a player, prior to purchase of an electronic pull-tab ticket.
3. c. The electronic pull-tab device must have one or more buttons, electromechanical or touchscreen, to facilitate the following functions: 1. (1) Viewing of the game 'help' screens; 2. (2) Viewing of the game rules, including the flare and prize structure information for a deal of a game, which includes the number of winners for each prize denomination; 3. (3) Initiating game play; 4. (4) Cash out; and 5. (5) One or more buttons designated to reveal the pull tab windows.
4. d. Each electronic pull tab initially must be displayed so that the numbers, letters, or symbols on the pull tab are concealed. Each electronic pull-tab game must require the
player to press a 'play', 'purchase', 'open', or equivalent button to initiate the play of an electronic pull tab. A player may have the option of opening each individual line, row, or column of each electronic pull tab or may choose to 'open all'.
10. An electronic pull-tab device may not be capable of displaying the number of electronic pull tabs that remain in the game or the number of winners or losers that have been awarded or still remain in the game while the game is still being played.
11. Each electronic pull-tab deal must meet the following minimum requirements:
a. Each deal must be made up of a fixed number of electronic pull tabs not to exceed a maximum of fifteen thousand and no less than two thousand electronic pull tabs;
b. All electronic pull tabs in a particular deal must be of the same purchase price and may not exceed the maximum two dollar sales price per pull tab set forth by North Dakota Century Code section 53-06.1-08;
c. The maximum prize amount awarded for a winning combination of numbers, letters, or symbols on each electronic pull tab may not exceed five hundred dollars as set forth for pull tabs by North Dakota Century Code section 53-06.1-08;
d. A deal must have at least two top tier winning pull tabs;
e. Each deal may not payout more than ninety percent of gross proceeds;
f. Each deal must be assigned a unique serial number; and
g. Each deal must be assigned a unique state gaming stamp number by the distributor prior to delivery to the organization site server.
12. The following electronic pull-tab deal information must be available prior to the opening of a deal for distribution and must be maintained and be viewable both electronically and, if requested, by printed report:
a. Game identification;
b. Deal version;
c. Manufacturer;
d. Game name;
e. Prize structure identification;
f. A unique serial number identifying each deal;
g. The total number of electronic pull tabs in the deal;
h. The purchase price per electronic pull tab assigned to the deal;
i. Prize structure, including each prize value included in the deal and the number of each; and
j. The payout percentage of the deal.
13. At the beginning of a quarter, at least two, and no more than two electronic pull-tab deals must be downloaded and commingled on the site server for each game. The games deal must be identical, which includes game identification, deal version, manufacturer, game name, total number of electronic pull tabs, purchase price per electronic pull-tab ticket, and prize structure.
14. For each game, when the unsold tickets of the original starting identical two deals reach two thousand pull-tab tickets remaining, at least one full deal, but no more than one additional identical deal of the same game, must be automatically downloaded onto the site server and
commingled with the remaining two thousand tickets of that game. Each time the two thousand ticket threshold is reached, an additional deal must automatically be downloaded and commingled with the remaining electronic pull-tab tickets in the game continuously throughout the entire quarter.
1. 15. All games must be played by drawing from commingled finite deals. The site server must dispense, upon request from an electronic pull-tab device, an electronic pull tab. All finite games must be played without replacement. Once dispensed, a pull tab cannot be reused.
2. 16. A game may not be closed during a quarter unless approved by the attorney general and all games must be closed at the same time within fourteen calendar days from the end of a quarter. Once closed, a game and its deals for a manufacturer cannot be reopened. Quarter beginning and end dates are:
1. a. January first through March thirty-first;
2. b. April first through June thirtieth;
3. c. July first through September thirtieth; and
4. d. October first through December thirty-first.
3. 17. Electronic pull-tab games or deals must be closed and archived at the end of each quarter. No closed electronic pull-tab game or ticket can be sold after the electronic pull-tab game is closed.
4. 18. One or more electronic accounting systems must be required to perform reporting and other functions in support of the electronic pull-tab operating system activities described in this section. These systems may communicate with the other computers described elsewhere in this document, utilizing the protocol standards agreed upon by the participating suppliers. The electronic accounting system must not interfere with the outcome of any gaming functions.
5. 19. An organization shall have the capability to access an electronic pull-tab device operating system to generate and print all required system reports, close a set of electronic pull-tab games, and download a set of electronic pull-tab games without assistance from a manufacturer or distributor.
6. 20. An organization shall have the capability to access an electronic pull-tab device operating system to select the individual games and cost per play they want to download and play each quarter without assistance from a manufacturer or distributor. A manufacturer or distributor may not require that a certain game and cost per play, or group of games and cost per play, or particular set of games and cost per play be required to be downloaded and played.
7. 21. If an electronic pull-tab device operating system is taken down and made nonoperational during an active session, the system must send a notification to all pull-tab devices and display the notification on the display screen. In addition, if credits remain on any device when a system is taken down and made nonoperational, the system must immediately have the devices issue credit ticket vouchers to the players that have credits remaining on a device's credit meter.
8. 22. An electronic pull-tab device operating system site server along with the manufacturer's central computer system's central server must account for and provide accounting information on all electronic pull-tab activity for three years from the end of the quarter in which the activity occurred. An electronic pull-tab device operating system site server along with the manufacturer's central computer system's central server must have the capabilities that allow an organization to generate and print the following records and reports:
a. Interim period electronic pull-tab device activity report - accounts for electronic pull-tab activity for an interim period by device and total. An interim period is the accounting period for electronic pull-tab activity since the last time activity was accounted for. If a manufacturer's credit ticket voucher redemption kiosk is used in conjunction with a manufacturer's electronic pull-tab device operating system, the interim period electronic pull-tab device activity report must also include the information according to subdivision a of subsection 7 of section 99-01.3-16-09.7.
(1) The following information is required on the report:
(a) Organization name; (b) Site name; (c) Name of manufacturer; (d) Beginning and ending date and time of the interim period; (e) Date and time the report is generated by the organization. This must be the same as the ending date and time of the interim period. If included on the report, the print date and time may be different; (f) For each device, a separate section on the report that includes: [1] Device identification or serial number; [2] Total cash in; [3] Total dollar value of credit ticket vouchers in; [4] Total dollar value of cash in plus total dollar value of credit ticket vouchers in; [5] Total dollar value of credit ticket vouchers issued out; and [6] For each game and cost per play; [a] Total dollar value of gross proceeds (plays); [b] Total dollar value of prizes awarded; and [c] Total dollar value of adjusted gross proceeds (gross proceeds less prizes awarded); and (g) A summary section, which includes: [1] Total cash in for all devices for the interim period; [2] Total dollar value of credit ticket vouchers in for all devices for the interim period; [3] Total dollar value of cash in plus total dollar value of credit ticket vouchers in for all devices for the interim period; [4] Total dollar value of credit ticket vouchers issued out by all devices for the interim period; [5] For each game and cost per play:
(e) For each game and cost per play, a separate section on the report that includes:
[2] Cost per pull tab;
[2] Total dollar value of prizes awarded; and
[3] Total dollar value of adjusted gross proceeds (gross proceeds less prizes awarded); and
[6] Ideal payout percentage per deal;
[7] Total number of deals played in the game;
(4) The electronic pull-tab device site operating system may not allow this report to be generated before all electronic pull-tab games have been closed at a site. Only upon the close of the games at the end of the quarter can the finite details of the games be made available. Generating this report before the games being closed must cause immediate and automatic termination of all games.
23. All four electronic pull-tab system reports required by subdivisions a through d of subsection 22 of section 99-01.3-16-09.6 must be formatted as prescribed by the attorney general and approved by the office.
24. A manufacturer shall ensure that exact copies of all electronic pull-tab system reports required by North Dakota Administrative Code, which are generated by the organization, are readily and easily accessible for viewing and printing by the attorney general. The game information terminology (e.g. gross proceeds, prizes, adjusted gross proceeds) used on the required system generated reports for electronic pull-tab games must be identical to the terminology used by North Dakota Administrative Code for the game type. The reports must be retained by report type and include the date and time the report was generated and listed by the organization's name and then by site name. The report viewing must have the capability to search by the organization's license number and the site names where the manufacturer's electronic pull-tab activity is conducted must be listed as a drop-down option which can be selected to obtain the reports according to subsection 22. The reports must be retained for three years from the end of the quarter in which the electronic pull-tab activity occurred. In addition, the attorney general shall have the ability to generate and print, at any time, the deals in play report and monthly interim audit report for electronic pull-tab activity conducted at any site in the state of North Dakota.
25. The only reports that an organization shall have access to and generate as it relates to the actual accounting and specific details of electronic pull-tab activity conducted at a site using an electronic pull-tab device operating system are the four reports prescribed by subdivision a through d of subsection 22 of section 99-01.3-16-09.6. Other additional reports that a manufacturer may have developed, which detail the actual accounting information and specific details relating to electronic pull-tab activity conducted at a site using an electronic pull-tab device operating system, may not be accessible to an organization while the electronic pull-tab games are actively in play.
26. An organization is responsible for generating all required electronic pull-tab system reports and the closing of all electronic pull-tab games at a site. The manufacturer may not complete these functions for the organization.
27. A manufacturer, at the request of an organization, distributor, or for any reason, may not change data on an electronic pull-tab device site operating system that affects the reporting and accounting of electronic pull-tab activity. A manufacturer immediately shall notify the attorney general if the manufacturer identifies a problem with an electronic pull-tab device site operating system that relates to the collection, storing, or reporting of electronic pull-tab activity at a site.
28. A manufacturer shall ensure that the attorney general has access to an electronic pull-tab activity report that includes game and accounting information for all sites that conduct electronic pull-tab activity in the state of North Dakota. The attorney general must have the capabilities to generate and print the report for any date range, for any organization and site, and for all sites in total. The following information is required to be included on the report:
a. Total cash in;
b. Total gross proceeds (plays);
(3) Error conditions that may have occurred on the electronic pull-tab device which include:
(c) Program error or authentication mismatch; and
a. Doors must be manufactured of materials that are suitable for allowing only legitimate access to the inside of the cabinet and must leave evidence of tampering if such an entry is made;
b. Credits must only be registered when:
(1) The currency or valid credit ticket voucher has passed the point where it is accepted and stacked; and
(3) A breakdown of the currencies accepted and the number of currencies accepted for each currency denomination;
i. The information in subdivision h must be retained in the electronic pull-tab device memory and display the above required information of the last five currencies accepted by the currency validator. The currency validator recall log may be combined or maintained separately by currency type. If combined, the type of currency accepted must be recorded with the respective time and date stamp;
The voucher-out log must contain sufficient information to reconstruct the voucher-out event in order to resolve potential player disputes.
1. 41. A printer must be located in a locked area of the electronic pull-tab device but may not be housed within the logic area. The printer may be locked in the currency validator area provided the validator has a secure, separately keyed lock securing the access to its stacker.
2. 42. A printer must have mechanisms to allow control program software to interpret and place the electronic pull-tab device inoperable upon the following conditions:
1. a. Out of paper;
2. b. Printer jam, failure; and
3. c. Printer disconnected.
3. 43. The printer must use printer paper containing security features, such as a watermark as approved by the attorney general.
4. 44. Video monitors and or touchscreens must meet the following rules:
1. a. Touchscreens must be accurate once calibrated and must maintain that accuracy for at least the manufacturer's recommended maintenance period;
2. b. A touchscreen should be able to be recalibrated without access to the electronic pull-tab device cabinet other than opening the main door; and
3. c. There may not be any hidden or undocumented buttons or touch points anywhere on the touchscreen which affect game play or which impact the outcome of the game.
5. 45. The credit meter must be maintained in cash value and must at all times indicate all cash available for the player to purchase tickets or cash out with the exception of when the player is viewing an informational screen, such as a menu or help screen item. This should be displayed to the player unless a tilt condition or malfunction exists.
1. a. The dollar value of every prize at the end of a play must be added to the player's credit meter, unless a winning prize amount is immediately dispensed in the form of a credit ticket voucher to the player.
2. b. There must be a collect meter, which shows the amount of cash collected by the player upon a cash out. This must be displayed to the player unless a tilt condition or malfunction exists. The amount of cash collected must be subtracted from the player's credit meter and added to the collect meter.
3. c. The software meter information must be only accessible by an authorized person and must have the ability to be displayed on demand using a secure means.
4. d. Electronic accounting meters must be at least ten digits in length. These meters must be maintained in credit units equal to the dollars and cents. Eight digits must be used for the dollar amount and two digits used for the cents amount. The meter must roll over to zero upon the next occurrence, and any time the meter exceeds ten digits and after 9,999,999,999 has been reached or any other value that is logical. Occurrence meters must be at least eight digits in length; however, are not required to automatically roll over. Meters must be labeled so they can be clearly understood in accordance with their function. All electronic pull-tab devices must be equipped with a device, mechanism, or method for retaining the value of all meter information specified in these rules which must
be preserved in the event of power loss to the device. The required electronic meters are as follows:
1. (1) Total cash in;
2. (2) Total credit ticket vouchers in;
3. (3) Total cash played;
4. (4) Total cash, prizes won;
5. (5) Total cash removed from the electronic pull-tab device;
6. (6) Total count of electronic pull tabs played; and
7. (7) Total count of electronic pull tabs won.e. In addition to the one set of master electronic accounting meters required above, each individual game available for play must have the prize structure meters 'credits played' and 'prizes won' in dollars and cents.46. An electronic pull-tab device may not have software that determines the outcome of any electronic pull-tab game. All application software must be owned or licensed by the manufacturer. All game outcomes are determined at the time of deal creation by the electronic pull-tab operating system software as outlined within this section of the administrative rules.1. a. Electronic pull-tab game software must be developed by the manufacturer if the manufacturer designs the electronic pull-tab system, database, user interface, the program architecture, and associated software.
2. b. Any application software to be used by the manufacturer must be owned wholly or properly licensed from an application software provider and evidence of the license must be provided to the attorney general.
3. c. The electronic pull-tab system manufacturer shall provide documentation establishing ownership of the intellectual property rights to the entire game application software and system to the attorney general.47. The electronic pull-tab operating system must be dedicated primarily to functions related to the creation of electronic pull tabs and their creation, randomization, storage, and transmittal to the electronic pull-tab devices. It also must be capable of generating the data necessary to provide the reports required within this section. The operating system must be operationally independent from the electronic pull-tab device. The electronic pull-tab operating system, logic components, and site server must be in a locked, secure enclosure with key controls in place.48. The electronic pull-tab operating system must provide a secure physical and electronic means, for securing the electronic deals against alteration, tampering, or unauthorized access. The electronic pull-tab operating system must provide a means for terminating the electronic pull-tab game if unopened pull-tab information has been accessed or at the discretion of the attorney general.49. Progressives, cashless gaming, bonus plays, promotions, or other gaming management or marketing functions are not allowed. An extended play feature may be used if there is no additional consideration required from the player and the features do not alter the predetermined prize to be awarded for the pull-tab ticket. No player skill may be required with the extended play feature.50. As used in this section, unless the context requires a different meaning:
56. In the event of a catastrophic failure when the central computer system cannot be restarted in any other way, it must be possible to reload the central computer system from the last viable backup point and fully recover the contents of that backup, recommended to consist of at least the following information:1. a. Significant events;
2. b. Accounting information;
3. c. Auditing information; and
4. d. Specific site information, such as employee files with access levels.57. Connections between all components of the central computer system only must be through the use of secure communication protocols that are designed to prevent unauthorized access or tampering, employing advanced encryption standards or equivalent encryption with changeable seeds or algorithms. More specifically, secure connections and encryption must be utilized between the interface component and the system.58. All data communication must incorporate an error detection and correction scheme to ensure the data is transmitted and received accurately.59. The system must be capable of detection and displaying certain conditions. These conditions must be recorded on an error log that may be displayed or printed on demand and must archive the conditions for a minimum of ninety days. The conditions include:1. a. Power reset or failure of an electronic pull-tab device or any component of the online data system; and
2. b. Communication loss between an electronic pull-tab device and any component of the online data system.60. A firewall or equivalent hardware device configured to block all inbound and outbound traffic that has not been expressly permitted and is not required for continued use of the electronic pull-tab operating system must exist between the electronic pull-tab operating system and any external point of access.61. The minimum width for encryption keys is one hundred twelve bits for symmetric algorithms and one thousand twenty-four bits for public keys.1. a. There must be a secure method implemented for changing the current encryption key set. It is not acceptable to only use the current key set to 'encrypt' the next set.
2. b. There must be a secure method in place for the storage of any encryption keys. Encryption keys must not be stored without being encrypted themselves.62. The following significant events, if applicable, must be collected from the electronic pull-tab device and communicated to the central computer system for storage and a report of the occurrence of the significant event must be made available upon request:1. a. Power resets or power failure;
2. b. Communication loss between an electronic pull-tab device and any component of the electronic pull-tab site operating system;
3. c. Door openings;
4. d. Currency validator errors;
b. If an electronic pull-tab operating system does not provide adequate control, a comprehensive procedural control document must be drafted for the attorney general's review and approval.
67. Where the site operating system or components are linked with one another in a local network for function sharing or other purposes, communication protocols must be used which ensure erroneous data or signals will not adversely affect the operations of any such system or components.
68. Dedicated and protected network connections prohibiting unauthorized access, may allow two or more central computer systems to share information. Deal details and other information prohibited from being viewed, as outlined in other sections of these rules, must not be available or transmitted between the connected systems or facilities.
69. The central computer system may be used to record the data used to verify game play and to configure and perform security checks on electronic pull-tab devices provided such functions do not affect the security, integrity, or outcome of such games.
70. Central computer system software components and modules must be verifiable by a secure means at the system level denoting program identification and version. The central computer system must have the ability to allow for an independent integrity check of the components and modules from an outside source and is required for all control programs that may affect the integrity of the central computer system. This must be accomplished by being authenticated by a third-party device, which may be embedded within the central computer system software or having an interface port for a third-party device to authenticate the media. This integrity check will provide a means for field verification of the central computer system components/modules to identify and validate the programs and files. The test laboratory, prior to system approval, shall approve the integrity check method.
71. Following the initiation of a nonvolatile memory reset procedure, the game program must execute a routine, which initializes all bits in critical nonvolatile memory to the default state. All memory locations intended to be cleared as per the nonvolatile memory clear process must be fully reset in all cases. For electronic pull-tab devices that allow for partial nonvolatile memory clears, the methodology in doing so must be accurate.
72. The default game display immediately after a nonvolatile memory reset may not be the advertised top prize on any selectable line. The default game display, upon entering game play mode, also may not be the advertised top prize.
73. A configuration setting that causes an obstruction to the electronic accounting meters may not be possible to change without a nonvolatile memory clear. Notwithstanding, a change to the denomination must be performed by a secure means, which includes access to the locked logic compartment or other secure method provided that the method can be controlled by the attorney general.
74. Critical memory is used to store all data that is considered vital to the continued operation of the electronic pull-tab device. This includes:
a. All electronic meters required in subsection 45, including last currency data and power up and door open metering;
b. Current credits;
c. Electronic pull-tab device game configuration data;
d. Information pertaining to the last ten plays with the play outcome;
appropriate error. This error must require operator intervention to clear and must not clear until the data authenticates properly, following the operator intervention or the media is replaced or corrected, and the electronic pull-tab device's memory is cleared.
82. Alterable media must meet the following and additional rules:
a. Employ a mechanism that tests unused or unallocated areas of the alterable media or unintended programs or data and tests the structure of the media for integrity. The mechanism must prevent further play of the electronic pull-tab device if unexpected data or structural inconsistencies are found;
b. Employ a mechanism for keeping a record any time a control program component is added, removed, or altered on any alterable media. The record must contain a minimum of the last ten modifications to the media and each record must contain that date and time of the action, identification of the component that affected the reason for the modification, and any pertinent validation information.
83. Program storage devices that do not have the ability to be modified while installed in the electronic pull-tab device during normal operation must be marked clearly with sufficient information to identify the software and revision level of the information stored in the devices.
History: Effective July 1, 2018; amended effective January 1, 2023; July 1, 2026.
General Authority: NDCC 53-06.1-01.1
Law Implemented: NDCC 53-06.1-01.1