23-5-153. Possession and sale of antique illegal gambling devices. (1) For the purposes of this section, an antique illegal gambling device is an illegal gambling device that at any present time is more than 25 years old.
(2) Except as provided in 23-5-152(6) and subsection (3) of this section, an antique illegal gambling device may be possessed, located, and operated only in a private residential dwelling.
(3) (a) An antique illegal gambling device may be possessed or located for purposes of display only and not for operation:
(i) in a retail business establishment or public or private museum; or
(ii) in any other public place if the device has been made permanently inoperable for purposes of conducting a gambling activity.
(b) A licensed manufacturer-distributor or a person licensed under subsection (4) may possess antique illegal gambling devices for purposes of commercially selling or otherwise supplying the devices.
(4) A person other than a licensed manufacturer-distributor may not sell more than three antique illegal gambling devices in a 12-month period without first obtaining from the department a license for selling the antique illegal gambling devices. The fee for the license is $50, and the license is valid for 3 years from the date that the license is issued. The fee must be retained by the department for administrative purposes. The department may not issue a license under this subsection to a licensed operator.
(5) A person or entity legally possessing an antique illegal gambling device under subsection (2) or (3) may sell or otherwise supply a device to another person or entity who may legally possess an illegal gambling device.
(6) An antique illegal gambling device may not be operated for any commercial or charitable purpose.
History: En. Sec. 1, Ch. 197, L. 1949; Sec. 94-2429, R.C.M. 1947; redes. 94-8-428 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 94-8-428; (2) thru (5)En. Sec. 1, Ch. 503, L. 1983; amd. Sec. 2, Ch. 503, L. 1983; amd. Sec. 1, Ch. 364, L. 1989; amd. Secs. 22, 73, Ch. 642, L. 1989; Sec. 23-5-104, MCA 1987; redes. 23-5-153 by Code Commissioner, 1989; amd. Sec. 28, Ch. 647, L. 1991; amd. Sec. 11, Ch. 134, L. 2005; amd. Sec. 3, Ch. 429, L. 2007.