2001 Montana Legislature

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SENATE BILL NO. 201

INTRODUCED BY A. BISHOP



A BILL FOR AN ACT ENTITLED: "AN ACT PROHIBITING THE PLACEMENT OF SATELLITE TERMINALS OR AUTOMATED TELLER MACHINES ON GAMBLING PREMISES AND CERTAIN ADJACENT PROPERTY; CREATING A PENALTY FOR PLACING SATELLITE TERMINALS OR AUTOMATED TELLER MACHINES ON GAMBLING PREMISES OR CERTAIN ADJACENT PROPERTY; AND AMENDING SECTION 23-5-157, MCA."



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



     Section 1.  Section 23-5-157, MCA, is amended to read:

     "23-5-157.  Gambling on cash basis -- automated teller machines prohibited -- penalties. (1) (a) In every gambling activity, except raffles as authorized in 23-5-413 and card games authorized in part 3 of this chapter and normally scored using points, the consideration paid for the chance to play must be made in cash. A check or credit card may be used to obtain cash to participate in a gambling activity. A participant shall present the cash needed to play the game as the game is being played. If a check or credit card is used to obtain cash on the premises of a licensee, then it must be delivered and accepted unconditionally. A licensee or employee of a licensee may not hold a check or other evidence of indebtedness for redemption pending the outcome of a gambling activity.

     (b)  Credit gambling is prohibited. Credit gambling is offering or accepting as part of the price of participation in a gambling activity or as payment of a debt incurred in a gambling activity:

     (i)  a check or credit card held pending the outcome of a gambling activity;

     (ii) a loan of any kind at any time from or on behalf of a licensee;

     (iii) any form of deferred payment, including a note, IOU, post-dated postdated check, hold check, or other evidence of indebtedness; or

     (iv) a check issued or delivered that is accepted by the licensee with the knowledge that it will not be paid by the depository.

     (2) A satellite terminal or automated teller machine, as defined in 32-6-103, may not be located on a premises or on property adjacent to the premises if any person having an interest in the premises also has an interest in the adjacent property.

     (2)(3) (a) A person who violates this section subsection (1) is guilty of a criminal offense under 23-5-156 and must shall be punished in accordance with 23-5-161 or 23-5-162.

     (b) A person who violates subsection (2) is guilty of a misdemeanor and upon conviction shall be punished in accordance with 23-5-161."

- END -




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