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23.16.1901    GENERAL SPECIFICATIONS OF VIDEO GAMBLING MACHINES

(1) Each video gambling machine model or modification must:

(a) be inspected in the state for approval and licensure by the department. The department may inspect any machine sold or operated in the state. Any approval granted by the department to a person is not transferable. The department must be allowed immediate access to each machine. Keys to allow access to a machine for purposes of inspection may be provided to the department or must be immediately available at the premise. Machines for which a substantial modification or a series of minor modifications whose total result is substantial must meet all of the specific law or rule requirements in effect at the time of submission. Only those machines which are owned or operated in Montana, and to which the submitted modification will be applied are required to meet those specifications in effect at time of submission. The department's determination that a modification is substantial may be contested pursuant to the Montana Administrative Procedure Act;

(b) be operated by the players in the manner specified by this part;

(c) not have any switches, jumpers, wire posts, or other means of manipulation that could affect the operation or outcome of a game. The machine may not have any functions or parameters adjustable by and through any separate video display or input codes except for the adjustment of features that are wholly cosmetic or other operational parameters as approved by the Gambling Control Division. This is to include devices known as "knockoff switches;"

(d) offer only those games defined as video gambling in Title 23, chapter 5, MCA, and operate in the following manner:

(i) in the case of poker, after the initial cards have been dealt, the player may be allowed to raise his wager but the player may not exceed the overall statutory bet limit;

(ii) the game must display the combinations for which credits will be awarded and the number of credits awarded for each combination;

(iii) one credit may not exceed twenty-five cents in value;

(iv) the machine must have locked doors to two separate areas, one containing the logic board and software for the game and the other housing the cash. Conventional ROM devices must be accessible from the front of the machine. Access from one area to another must not be allowed;

(v) the machines may have:

(A) two mechanisms that accept coins, referred to as "mechanism 1" and "mechanism 2." These mechanisms must have devices referred to as "lockouts" which prohibit the machine from accepting coins during periods when the machine is inoperable;

(B) a mechanism that accepts cash in the form of bills that do not exceed $20;

(vi) in the case of poker each machine must use a color display with images of cards that closely resemble the standard poker playing cards;

(vii) the machine must be capable of printing a ticket voucher for all credits owed the player at the completion of each game. A valid ticket must contain the following in a format prescribed by the department:

(A) the name of the licensed establishment;

(B) the name of the city, town, or county in which the licensed establishment is located;

(C) the machine serial number;

(D) the video gambling machine identification number (VGMID) assigned to the machine;

(E) the time of day in hours and minutes in a 24-hour format. The clock must automatically account for daylight savings time and indicate "S" for standard time and "D" for daylight savings time;

(F) the current date;

(G) the program name and revision;

(H) the value of the prize in numbers;

(I) the value of the prize in words;

(J) the sequential number of the ticket voucher;

(K) this notice clearly displayed on the ticket: "Ticket Void After 48 hours."

(viii) the printing mechanism must be located in a locked area of the machine to ensure the safekeeping of the audit copy. The printing mechanism must have a paper sensing device that upon sensing a "low paper" condition will allow the machine to finish printing the ticket and prevent further play. The machine must recognize a printer power loss occurrence and cease play until power has been restored to the printer and the machine is capable of producing a valid ticket;

(ix) the machine must have nonresettable mechanical meters of at least seven digits, housed in a readily accessible locked machine area. These meters must be in a configuration prescribed by the department. The mechanical meters must be manufactured in such a way as to prevent access to the internal parts without destroying the meter. Meters must be hardwired (no quick connects will be allowed in the meter wiring system). The department may require and provide a validating identification sticker to attach to the mechanical meters to verify the meters are assigned to a specific licensed machine. The meters must keep a permanent record of:

(A) total dollars accepted by the coin acceptor mechanism(s), and bill acceptor (if applicable);

(B) total dollars played;

(C) total dollars won;

(D) total dollars paid;

(x) the machine must contain electronic metering, using meters that record and display the following on the video screen in a format prescribed by the department:

(A) total cents in mechanism(s) 1 and 2 (if applicable);

(B) total cents through the bill acceptor (if applicable);

(C) total cents, total cents played, total cents won, and total cents paid;

(D) total games played and total games won;

(E) total cents played and total cents won for each distinct paytable available for play; and

(F) any other metering required by these rules;

(xi) the machine must issue by activation of an external key switch, an accounting ticket containing a performance synopsis of the machine and progressive accounting data if applicable. The printing of all totals from the electronic meters shall occur automatically each time access occurs to either the logic compartment or any compartment where cash is collected. Whenever electronic meters are reset, each machine must produce a full accounting ticket both before and after each resetting. The tickets must be in the format prescribed by the department and contain:

(A) the name of the licensed establishment;

(B) the name of city, town, or county in which the licensed establishment is located;

(C) the serial number of the machine;

(D) the video gambling machine identification number (VGMID) assigned to the machine;

(E) the time of day, in hours and minutes in a 24-hour format;

(F) the current date;

(G) the program name and revision number; and

(H) the electronic meter readings required by the department;

(xii) the machine and any peripheral electronic device must have an identification tag permanently affixed to the machine by the manufacturer. The tag must be on the right-hand side, upper left corner of the machine or peripheral electronic device or in another location approved by the department and must include the following information:

(A) manufacturer;

(B) serial number;

(C) model;

(D) date of manufacture; and

(xiii) the face of the machine must be clearly labeled so as to inform the public that no person under the age of 18 years is allowed to play;

(xiv) each machine and peripheral electronic device must pass a static test that is determined by the department; and

(xv) a machine shall be equipped with a surge protector that will feed all A.C. electrical current to the machine and a backup power supply capable of maintaining for a 30-day period the accuracy of all electronic meters, date, and time during power fluctuations and loss. The battery must be in a state of charge during normal operation of the machine. Manufacturers incorporating either the use of E2 PROMs or a lithium battery for memory retention will be considered to meet this requirement; and

(e) video gambling machines submitted for approval on or after October 1, 2003 must comply with ARM 23.16.1920.

(2) Any and all modifications made to an approved video gambling machine must be submitted to the department for approval prior to installation.

(3) The department may suspend, or revoke a permit or revoke approval of a machine at any time when it finds that any machine or machine component does not comply with statutes and rules governing electronic video gambling machines in effect at the time of approval. The department may also suspend, or revoke the licenses or revoke approval of other similar model machines or machine components in use in the state.

History: 23-5-602, 23-5-621, MCA; IMP, 23-5-115, 23-5-136, 23-5-602, 23-5-606, 23-5-608, 23-5-609, 23-5-610, 23-5-621, 23-5-637, MCA; EMERG, NEW, 1985 MAR p. 1623, Eff. 11/1/85; TRANS, from Dept. of Revenue, Ch. 154, L. 1987, Eff. 3/22/87; AMD, 1987 MAR p. 1972, Eff. 10/30/87; TRANS, from Dept. of Commerce, Ch. 642, L. 1989, Eff. 7/1/89; EMERG, AMD, 1990 MAR p. 828, Eff. 4/27/90; AMD, 1991 MAR p. 1942, Eff. 10/18/91; AMD, 1993 MAR p. 2786, Eff. 11/25/93; AMD, 1994 MAR p. 2834, Eff. 10/28/94; AMD, 1997 MAR p. 404, Eff. 2/25/97; AMD, 1998 MAR p. 1176, Eff. 5/1/98; AMD, 2000 MAR p. 1638, Eff. 6/30/00; AMD, 2002 MAR p. 2441, Eff. 9/13/02; AMD, 2003 MAR p. 1282, Eff. 6/27/03; AMD, 2003 MAR p. 1989, Eff. 9/12/03; AMD, 2005 MAR p. 1281, Eff. 7/15/05; AMD, 2007 MAR p. 42, Eff. 1/12/07; AMD, 2011 MAR p. 1681, Eff. 1/1/12.

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