HOUSE BILL NO. 580
INTRODUCED BY R. ERICKSON
A BILL FOR AN ACT ENTITLED: "AN ACT PROVIDING THAT A LOCAL GOVERNMENT MAY BY ORDINANCE CONTROL GAMBLING WITHIN ITS JURISDICTION; PROVIDING THAT THE CONTROL IS LIMITED TO A PERMITTING PROCESS WITH A DETERMINATION OF PUBLIC CONVENIENCE AND NECESSITY; AMENDING SECTION 23-5-171, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
NEW SECTION. Section 1. Municipality or county regulation of gambling location. (1) (a) The governing body of a municipality or county has the power to enact ordinances to control gambling. A local government may require a local government permit to conduct gambling within the local government jurisdiction. The permitting ordinance may require a person to apply for a permit to conduct gambling. The local government permitting process may prohibit gambling notwithstanding that a gambling applicant has an appropriate alcoholic beverage license, as provided in Title 23, chapter 5.
(b) The local government permitting ordinance may not expand the types of allowable gambling, change conduct of permitted gaming provided by law, or change the criteria for an operator's license that is less strict than established in 23-5-117.
(c) This section constitutes a delegation to local governments to control gambling, as required by 7-1-112, but only to the extent authorized by this section.
(2) A gambling control ordinance must provide for local determination of public convenience and necessity for gambling by gambling permit applicants.
(3) The provisions of Title 23, chapter 5, governing gambling within the jurisdiction of a local government apply until a local government has adopted an ordinance authorized by subsection (1).
Section 2. Section 23-5-171, MCA, is amended to read:
"23-5-171. Authority of local governments to regulate gambling. (1) A local government may not license or and
regulate a form of gambling authorized by parts 1 through 8 of this chapter or and may assess or and charge any fees
necessary to administer gambling regulation, as provided in [section 1], but may not impose or taxes unless specifically
authorized by statute.
(2) An incorporated city or town may enact an ordinance or resolution zoning certain areas within its incorporated limits in which gambling is prohibited.
(3) A county may enact a resolution zoning certain areas in the county, not within an incorporated city or town, in which gambling is prohibited.
(4) A county or incorporated city or town may not, as provided in [section 1], restrict the number of licenses that the
department may issue that may be issued within the jurisdiction of the county, city, or town."
NEW SECTION. Section 3. Codification instruction. [Section 1] is intended to be codified as an integral part of Title 7, chapter 21, part 42, and the provisions of Title 7, chapter 21, part 42, apply to [section 1].
NEW SECTION. Section 4. Saving clause. [This act] does not affect rights and duties that matured, penalties that were incurred, or proceedings that were begun before [the effective date of this act].
NEW SECTION. Section 5. Effective date. [This act] is effective on passage and approval.
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Latest Version of HB 580 (HB0580.01)
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