HOUSE BILL NO. 297

INTRODUCED BY D. FUCHS

A BILL FOR AN ACT ENTITLED: "AN ACT PROVIDING THAT A VIDEO GAMBLING MACHINE LICENSEE OPERATING A RACETRACK AT WHICH LIVE HORSERACES ARE HELD MAY HAVE ON THE PREMISES OR MAKE AVAILABLE FOR PLAY ON THE PREMISES NOT MORE THAN 100 MACHINES OF ANY COMBINATION; PROVIDING THAT THE MACHINES MAY BE PLAYED ONLY DURING THE PERIOD BEGINNING 1 HOUR BEFORE AND ENDING 1 HOUR AFTER EACH RACE; PROVIDING THAT GROSS INCOME FROM THE MACHINES ACCRUING TO THE LICENSEE AFTER PAYMENT OF THE MACHINE TAX AND ANY DEDUCTIONS ALLOWED BY LAW MUST BE PAID OUT BY THE LICENSEE IN THE HORSE OWNERS' PURSES; AND AMENDING SECTION 23-5-611, MCA."

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

Section 1. Section 23-5-611, MCA, is amended to read:

"23-5-611. Machine permit qualifications -- limitations. (1) (a) A person who has been granted an operator's license under 23-5-177 and who holds an appropriate license to sell alcoholic beverages for consumption on the premises, as provided in 23-5-119, may be granted a permit for the placement of video gambling machines on the person's premises.

(b) If video keno or bingo gambling machines were legally operated on a premises on January 15, 1989, and the premises were not on that date licensed to sell alcoholic beverages for consumption on the premises or operated for the principal purpose of gaming and there is an operator's license for the premises under 23-5-177, a permit for the same number of video keno or bingo gambling machines as were operated on the premises on that date may be granted to the person who held the permit for the machines on those premises on that date.

(c) A person who legally operated an establishment on January 15, 1989, for the principal purpose of gaming and has been granted an operator's license under 23-5-177 may be granted a permit for the placement of bingo and keno machines on the person's premises.

(2) An applicant for a permit shall disclose on the application form to the department any information required by the department consistent with the provisions of 23-5-176.

(3) (a) Except as provided in subsection (3)(b), a licensee may not have on the premises or make available for play on the premises more than 20 machines of any combination.

(b) A licensee operating a racetrack at which live horseraces licensed under chapter 4 of this title are held may not have on the premises or make available for play on the premises more than 100 machines of any combination. The machines may be played only during the period beginning 1 hour before and ending 1 hour after each race. Gross income from the machines accruing to the licensee after payment of the machine tax and any deductions allowed by law must be paid out by the licensee in the horse owners' purses."

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