Table of Contents TITLE 23. PARKS, RECREATION, SPORTS, AND GAMBLING CHAPTER 5. GAMBLING Part 1. General Provisions, Proceedings, and Penalties

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23-5-101 — Renumbered 23-5-112 by Co... 23-5-102 — Renumbered 23-5-151 by Co... 23-5-103 — Renumbered 23-5-152 by Co... 23-5-104 — Renumbered 23-5-153 by Co... 23-5-108 — Renumbered 23-5-154 by Co... 23-5-110 — Public policy of state co... 23-5-111 — Construction and applicat... 23-5-112 — Definitions 23-5-113 — Department as criminal ju... 23-5-114 — Department employees -- a... 23-5-115 — Powers and duties of depa... 23-5-116 — Disclosure of information 23-5-117 — Premises approval 23-5-118 — Transfer of ownership int... 1 23-5-119 — Appropriate alcoholic bev... 23-5-123 — Disposal of money confisc... 23-5-124 — through 23-5-127. Repeal... 23-5-128 — Distributor's license --... 23-5-129 — Route operator's license... 23-5-130 — Allowable compensation fo... 23-5-131 — Losses at illegal gamblin... 23-5-135 — Discharge of defendant 23-5-136 — Injunction and other reme... 23-5-137 — Judicial review 23-5-138 — Evidence in administrativ... 23-5-141 — through 23-5-144. Repeal... 23-5-151 — Gambling prohibited 23-5-152 — Possession of illegal gam... 23-5-153 — Possession and sale of an... 23-5-154 — Soliciting participation... 23-5-155 — Counterfeiting or defacin... 23-5-156 — Offering or obtaining any... 23-5-157 — Gambling on cash basis --... 23-5-158 — Minors not to participate... 23-5-159 — Illegal sale, assignment,... 23-5-160 — Shaking dice for a drink... 23-5-161 — Criminal liabilities -- m... 23-5-162 — Criminal liabilities -- f... 23-5-164 — Payroll checks -- promoti... 23-5-165 — Fishing derbies and wager... 23-5-171 — Authority of local govern... 23-5-172 — Prosecution 1 23-5-176 — Qualifications for licens... 23-5-177 — Operator of gambling esta...

Mont. Code Ann. § 23-5-117

(2001)

Premises approval

(1) Except as provided in subsection (4), the department may approve a premises for issuance of an operator's license if the premises meets the requirements contained in subsections (2) and (3).

(2) The premises must:

(a) be a structure or facility that is clearly defined by permanently installed walls that extend from floor to ceiling;

(b) have a unique address assigned by the local government in which the premises is located; and

(c) have a public external entrance, leading to a street or other common area, that is not shared with another premises for which an operator's license has been issued.

(3) If the premises shares a common internal wall with another premises for which an operator's license has been issued, the common wall must be permanently installed, opaque, and extend from floor to ceiling and may not contain an internal entrance through which public access is allowed.

(4) A second operator's license may be issued or renewed until June 30, 2001, for a person operating a gambling activity on a premises that did not meet the requirements of subsections (2) and (3) if:

(a) the second operator's license was issued to the person on or before January 1, 1991; or

(b) (i) the application for the second operator's license was received by the department on or before January 1, 1991;

(ii) a second on-premises alcoholic beverages license was obtained for the premises on or before January 1, 1991; and

(iii) substantial physical modifications to the premises were made on or before January 1, 1991.

Comparison view: showing changes between 2001 and the current version (2025). Green underlined text was added. Red strikethrough text was removed.

(1) ~~Except as provided in subsection (4), the~~ The department may approve a premises for issuance or operation of an operator's license if the premises meets the requirements contained in subsections (2) and (3).

(2) The premises ~~must:~~ may include any concessioned area provided for in 16-4-418 and must:

(a) be a structure or facility that is clearly defined by permanently installed walls that extend from floor to ceiling;

(b) have a unique address assigned by the local government in which the premises is located; ~~and~~

(c) have a public external entrance, leading to a street or other common area, that is not shared with another premises for which an operator's license has been ~~issued.~~ issued; and

(d) be designed and arranged to allow for observation and control of all gambling activities by the gambling operator.

(4) ~~A second operator's license~~ The department may ~~be issued or renewed until June 30, 2001,~~ not provide additional requirements in rulemaking for ~~a person operating a gambling activity on a~~ premises ~~that did not meet the requirements of subsections (2) and (3) if:~~ suitability related to seating."

~~(a) the second operator's license was issued to the person on or before January 1, 1991; or~~

~~(b) (i) the application for the second operator's license was received by the department on or before January 1, 1991;~~

~~(ii) a second on-premises alcoholic beverages license was obtained for the premises on or before January 1, 1991; and~~

~~(iii) substantial physical modifications to the premises were made on or before January 1, 1991.~~

Premises approval

Official Annotations archive.org, 2001 edition

History:

EnactedEn. SectionSec. 7, ChapterCh. 647, Laws ofL. 1991

AmendedAmd. SectionSec. 6, ChapterCh. 398, Laws ofL. 1993

AmendedAmd. SectionSec. 2, ChapterCh. 480, Laws ofL. 1995

Source text on leg.mt.gov