Montana Code Annotated
Part 1. General Provisions, Proceedings, and Penalties
23-5-110. Public policy of state concerning gambling

23-5-110. Public policy of state concerning gambling. (1) The legislature finds that for the purpose of ensuring the proper gambling environment in this state it is necessary and desirable to adopt a public policy regarding public gambling activities in Montana. The legislature therefore declares it is necessary to:
(a) create and maintain a uniform regulatory climate that assures players, owners, tourists, citizens, and others that the gambling industry in this state is fair and is not influenced by corrupt persons, organizations, or practices;
(b) protect legal public gambling activities from unscrupulous players and vendors and detrimental influences;
(c) protect the public from unscrupulous proprietors and operators of gambling establishments, games, and devices;
(d) protect the state and local governments from those who would conduct illegal gambling activities that deprive those governments of their tax revenues;
(e) protect the health, safety, and welfare of all citizens of this state, including those who do not gamble, by regulating gambling activities; and
(f) promote programs necessary to provide assistance to those who are adversely affected by legalized gambling, including compulsive gamblers and their families.
(2) The legislature adopts the policy that an applicant for a license or permit or other department approval under parts 1 through 8 of this chapter does not have a right to the issuance of a license or permit or the granting of the approval sought. The issuance of a license or permit issued or other department approval granted pursuant to the provisions of parts 1 through 8 of this chapter is a privilege revocable only for good cause. A holder does not acquire a vested right in the license or permit issued or other department approval granted. A license or permit issued under parts 1 through 8 of this chapter may not be sold, assigned, leased, or transferred.
(3) Revenue to fund the expense of administration and control of gambling as regulated by parts 1 through 8 of this chapter must be derived solely from fees, taxes, and penalties on gambling activities, except the gambling activities of the Montana state lottery and the parimutuel industry.
History: En. Sec. 1, Ch. 642, L. 1989; amd. Sec. 1, Ch. 398, L. 1993.

Structure Montana Code Annotated

Montana Code Annotated

Title 23. Parks, Recreation, Sports, and Gambling

Chapter 5. Gambling

Part 1. General Provisions, Proceedings, and Penalties

23-5-101. Renumbered 23-5-112

23-5-102. Renumbered 23-5-151

23-5-103. Renumbered 23-5-152

23-5-104. Renumbered 23-5-153

23-5-105. Repealed

23-5-106. Repealed

23-5-107. Repealed

23-5-108. Renumbered 23-5-154

23-5-109. Repealed

23-5-110. Public policy of state concerning gambling

23-5-111. Construction and application

23-5-112. Definitions

23-5-113. Department as criminal justice agency

23-5-114. Department employees -- activities prohibited

23-5-115. Powers and duties of department -- licensing

23-5-116. Disclosure of information

23-5-117. Premises approval

23-5-118. Transfer of ownership interest -- definitions

23-5-119. Appropriate alcoholic beverage license for certain gambling activities

23-5-120. reserved

23-5-121. Repealed

23-5-122. Repealed

23-5-123. Disposal of fines and penalties for violation of gambling laws

23-5-124. Repealed

23-5-125. Repealed

23-5-126. Repealed

23-5-127. Repealed

23-5-128. Distributor's license -- fees

23-5-129. Route operator's license -- fees

23-5-130. Allowable compensation for route operator

23-5-131. Losses at illegal gambling may be recovered in civil action

23-5-132. Repealed

23-5-133. Repealed

23-5-134. Repealed

23-5-135. Discharge of defendant

23-5-136. Injunction and other remedies

23-5-137. Judicial review

23-5-138. Evidence in administrative proceedings

23-5-139. and 23-5-140 reserved

23-5-141. Repealed

23-5-142. Repealed

23-5-143. Repealed

23-5-144. Repealed

23-5-145. through 23-5-150 reserved

23-5-151. Gambling prohibited

23-5-152. Possession of illegal gambling device or conducting illegal gambling enterprise prohibited -- exceptions

23-5-153. Possession and sale of antique gambling devices

23-5-154. Soliciting participation in illegal gambling activity prohibited

23-5-155. Counterfeiting or defacing documents -- penalty

23-5-156. Offering or obtaining anything of value by fraud or operation of illegal gambling device or enterprise

23-5-157. Gambling on cash basis -- penalties

23-5-158. Minors not to participate -- penalty -- exception

23-5-159. Illegal sale, assignment, lease, or transfer of license -- penalty

23-5-160. Shaking dice for drink or music or in shake-a-day game

23-5-161. Criminal liabilities -- misdemeanor

23-5-162. Criminal liabilities -- felony

23-5-163. reserved

23-5-164. Payroll checks -- promotional activities prohibited

23-5-165. Fishing derbies and wagering on natural occurrences

23-5-166. through 23-5-170 reserved

23-5-171. Authority of local governments to regulate gambling

23-5-172. Prosecution

23-5-173. through 23-5-175 reserved

23-5-176. Qualifications for licensure

23-5-177. Operator of gambling establishment -- license -- fee

23-5-178. Associated gambling business

23-5-179. reserved

23-5-180. Property subject to forfeiture

23-5-181. Petition -- summons -- service -- answer

23-5-182. Effect of failure to answer -- hearing date following answer

23-5-183. Rebuttable presumption of forfeiture -- rebuttal of presumption

23-5-184. Disposition of property

23-5-185. Pursuing violation by or determining suitability for licensure of person whose license has expired