Senate Bill No. 278
Introduced By eck, grimes, waterman, grosfield, ewer, harper, bartlett
A Bill for an Act entitled: "An Act making it a criminal offense for a person to allow a minor to loiter in the
IMMEDIATE VICINITY of a live card game table or gambling device; ESTABLISHING LIMITATIONS ON THE
PLACEMENT OF AMUSEMENT GAMES IN RELATION TO LIVE CARD GAME TABLES AND GAMBLING
DEVICES; DEFINING "IMMEDIATE VICINITY"; and amending section
Be it enacted by the Legislature of the State of Montana:
Section 1. Section 23-5-158, MCA, is amended to read:
"23-5-158. Minors not to participate -- penalty -- exception. (1) (A) Except as provided in subsection (3), a person may
not purposely or knowingly allow a person under 18 years of age to participate in a gambling activity or to loiter in the
IMMEDIATE VICINITY of a live card game table or gambling device. A person who violates this subsection is guilty of a
misdemeanor and must shall be punished in accordance with 23-5-161.
(B) THE PROPRIETOR OR MANAGER OF AN ESTABLISHMENT IN WHICH GAMBLING ACTIVITY TAKES PLACE SHALL CONSPICUOUSLY POST AND MAINTAIN IN THE IMMEDIATE VICINITY OF ANY GAMBLING ACTIVITY, LIVE CARD GAME TABLE, OR GAMBLING DEVICE EASILY READABLE SIGNS THAT INFORM THE READER THAT MINORS MAY NOT BE IN THE IMMEDIATE VICINITY OF A GAMBLING ACTIVITY, LIVE CARD GAME TABLE, OR GAMBLING DEVICE, WITHIN THE MEANING OF THIS SECTION.
(2) Except as provided in subsection (3), a person under 18 years of age may not purposely or knowingly participate in a gambling activity. A person who violates this subsection is subject to a civil penalty not to exceed $50 if the proceedings for violating this subsection are held in justice's, municipal, or city court. If the proceedings are held in youth court, the offender must be treated as an alleged youth in need of supervision, as defined in 41-5-103. The youth court may enter its judgment under 41-5-523.
(3) A person under 18 years of age may sell or buy tickets for or receive prizes from a raffle conducted in compliance with 23-5-413 if proceeds from the raffle, minus administrative expenses and prizes paid, are used to support charitable activities, scholarships or educational grants, or community service projects.
(4) Amusement games regulated by Title 23, chapter 6, part 1, may not be placed
in the immediate vicinity of a IN SUCH
A MANNER THAT THEY ARE INTERSPERSED WITH live card game table TABLES or gambling device DEVICES.
(5) FOR PURPOSES OF THIS SECTION, "IMMEDIATE VICINITY" MEANS SUFFICIENTLY CLOSE ENOUGH TO PLAY, CONTROL, OR PARTICIPATE IN THE PLAY OR CONTROL OF A GAMBLING ACTIVITY OR DEVICE."