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SENATE BILL NO. 357
INTRODUCED BY S. STANG
A BILL FOR AN ACT ENTITLED: "AN ACT AUTHORIZING ELECTRONIC VIDEO GAMBLING AT COUNTY OR DISTRICT FAIRS; PROVIDING FOR LIMITATIONS ON THE GAMBLING; PROVIDING FOR THE USE OF PROCEEDS; AMENDING SECTIONS 7-21-3406, 7-21-3427, 23-5-603, AND 23-5-611, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
NEW SECTION. Section 1. Video gambling at county fair. (1) Video gambling machines may be operated at a county or district fair pursuant to the provisions of this section. A fair may not operate more than 20 video gambling machines, and all machines must comply with the provisions of Title 23, chapter 5, part 6.
(2) Video gambling machines must be operated in a secure area that is not accessible to minors. The area must be monitored at all times that machines are in play. The machines are subject to the time limitations contained in Title 23, chapter 5, part 6.
(3) The video gambling machines must be leased from a local permitholder or, if machines are unavailable for lease, must be leased from a distributor licensed pursuant to Title 23, chapter 5, part 6.
(4) The fair shall pay the taxes on the proceeds as if the fair were a licensee. All proceeds retained by the fair must be placed in a reserve fund to be used for county or district fair infrastructure purposes.
Section 2. Section 7-21-3406, MCA, is amended to read:
"7-21-3406. Powers of county fair commission. In addition to the powers and duties established in the resolution of
the board of county commissioners creating the county fair commission and by the provisions of 7-21-3407 through
7-21-3414, the county fair commissioners have control and operation of the fair and the supervision and management of the
fairgrounds and also the leasing of buildings and fairgrounds on a continuous basis throughout the fiscal year and shall
return to the fair fund of the county all revenue obtained from the leasing or renting of the
the buildings and fairgrounds.
The commission may enter into agreements for the lease of video gambling machines as provided in [section 1]."
Section 3. Section 7-21-3427, MCA, is amended to read:
"7-21-3427. Role of fair district board of directors. (1) The board of directors
shall be is charged with the care and
custody of all property of the district fair. They shall have power to may acquire for the benefit of the district such real and
personal property as may be that is required in connection with the conduct of district fairs.
They shall be vested with the The directors have the general powers granted to commissioners of county fairs. They
shall have power to The directors may do everything necessary in connection with the holding of the annual district fair,
including the employment of labor, awarding of prizes, making of exhibition contracts, charging admission and entrance
fees, and everything that is necessary in conducting the business of the district. They shall fix the salaries of all employees
and prescribe the time and manner of payment. The commission may enter into agreements for the lease of video gambling
machines as provided in [section 1].
(3) They shall designate a place within the fair district where the fairgrounds
shall be is located, and this place shall
thereafter be is the place of business of said the district.
They The directors shall formulate in writing and file in the district office all plans adopted by them from time to
time in connection with the conduct of the affairs of said the district."
Section 4. Section 23-5-603, MCA, is amended to read:
"23-5-603. Video gambling machines -- possession -- play -- restriction. (1) A licensed operator may make available for public play only the number of approved video gambling machines specifically authorized by this part.
(2) The video gambling machines specifically authorized by this part are bingo, keno, and draw poker machines. Only the number of approved machines for which permits have been granted under 23-5-612 may be made available for play by the public on the premises of a licensed operator. The department shall adopt rules allowing a video gambling machine that needs repair to be temporarily replaced while it is being repaired with a video gambling machine that is approved under the permit provisions of this part. A fee may not be charged for the replacement machine.
Machines Except as provided in [section 1], machines on premises appropriately licensed to sell alcoholic beverages
for on-premises consumption, as provided in 23-5-119, must be placed:
(a) in a room, area, or other part of the premises in which alcoholic beverages are sold or consumed; and
(b) within control of the operator for the purpose of preventing access to the machines by persons under 18 years of age."
Section 5. Section 23-5-611, MCA, is amended to read:
"23-5-611. Machine permit qualifications -- limitations. (1) (a)
A Except as provided in [section 1], 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
such 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 licensee may not have on the premises or make available for play on the premises more than 20 machines of any combination."
NEW SECTION. Section 6. Codification instruction. [Section 1] is intended to be codified as an integral part of Title 7, chapter 21, part 34, and the provisions of Title 7, chapter 21, part 34, apply to [section 1].
NEW SECTION. Section 7. Effective date. [This act] is effective on passage and approval.
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Latest Version of SB 357 (SB0357.01)
Processed for the Web on January 30, 1999 (4:19PM)
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