HOUSE BILL NO. 216

INTRODUCED BY B. PAVLOVICH, R. MENAHAN, V. COCCHIARELLA, M. COLE, G. DEVLIN, A. ELLIS, S. GALLUS, J. HARP, D. HARRINGTON, M. LINDEEN, J. LYNCH, D. MAHLUM, J. MANGAN, G. MATTHEWS, B. MCCARTHY, J. QUILICI, G. ROUSH, B. RYAN, D. SHEA, C. SQUIRES, C. SWYSGOOD, J. TROPILA

A BILL FOR AN ACT ENTITLED: "AN ACT ALLOWING CUSTOMERS IN BARS TO PLAY THE GAME OF PING PONG PAVVY, IN WHICH A CUSTOMER MAY ONCE EACH DAY PAY AN AMOUNT OF MONEY PREDETERMINED BY THE ESTABLISHMENT, BUT NOT MORE THAN 50 CENTS, IN AN ATTEMPT TO WIN MERCHANDISE OR A PORTION OR ALL OF A POOL OF THE MONEY PAID TO PLAY THE GAME SINCE THE GAME WAS LAST WON; AMENDING SECTION 23-5-160, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE."

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

Section 1. Section 23-5-160, MCA, is amended to read:

"23-5-160. Shaking dice for a drink or music or in shake-a-day game -- other allowable game. (1) It is legal for a customer in an establishment licensed for the sale of alcoholic beverages to be consumed on the premises to:

(a) shake or choose one or more dice, alone or with an owner or employee of the establishment, to determine whether the customer or the establishment shall pay for the customer's drink or to determine whether the customer or the establishment shall immediately pay a predetermined amount of money, not to exceed $2, for music from a jukebox in the establishment;

(b) play the game called ping pong pavvy and the game provided for in subsection (1)(c), in which a customer may once each day pay an amount of money predetermined by the establishment, but not more than 50 cents, in an attempt to win merchandise or a portion or all of a pool of the money paid to play the game since the game was last won. The establishment may, before a game begins, limit the amount that will be won and use the remaining money played on that game to start a pool for the next game, thus enhancing the incentive to play the next game in the early stages of the next game. All money paid to play games must be paid out as winnings. An establishment may offer more than one game at any given time.

(c) play the dice game commonly known as shake-a-day, in which a customer may once each day pay an amount of money predetermined by the establishment, but not more than 50 cents, and shake a number of dice predetermined by the establishment in an attempt to roll certain combinations simulating poker hands predetermined by the establishment. If one of the combinations is rolled, the customer may win merchandise or a portion or all of the money paid to play the game since the last winning combination was rolled. The establishment may, before a game begins, limit the amount that will be won and use the remaining money played on that game to start the pot for the next game, thus enhancing the incentive to play the next game in the early stages of the next game. All money paid to play games must be paid out as winnings. An establishment may offer to the public more than one shake-a-day game at any given time.

(2) Nothing in this section authorizes the dice game of craps or any other dice game not allowed by this section."

NEW SECTION. Section 2. Effective date. [This act] is effective on passage and approval.

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