23-5-160. Shaking dice for drink or music or in shake-a-day game. (1) It is legal for a customer in an establishment licensed for the sale of alcoholic beverages to be consumed on the premises to shake or choose one or more dice, alone or with an owner or employee of the establishment, to determine whether the customer or the establishment shall pay for the customer's drink or to determine whether the customer or the establishment shall immediately pay a predetermined amount of money, not to exceed $2, for music from a jukebox in the establishment.
(2) It is legal for a customer in an establishment licensed for the sale of alcoholic beverages to be consumed on the premises to play the dice game commonly known as shake-a-day, in which a customer may once each day pay an amount of money predetermined by the establishment, but not more than 50 cents, and shake a number of dice predetermined by the establishment in an attempt to roll certain combinations simulating poker hands predetermined by the establishment. If one of the combinations is rolled, the customer may win merchandise or a portion or all of the money paid to play the game since the last winning combination was rolled. The establishment may, before a game begins, set and post a percentage of the pot that will be set aside to start the pot for the next game, thus enhancing the incentive to play the next game in the early stages of the next game. All money paid to play games must be paid out as winnings. An establishment may offer to the public more than one shake-a-day game at any given time.
History: En. Sec. 1, Ch. 709, L. 1991; amd. Sec. 8, Ch. 626, L. 1993; amd. Sec. 1, Ch. 109, L. 2019; amd. Sec. 2, Ch. 180, L. 2021.
Structure Montana Code Annotated
Title 23. Parks, Recreation, Sports, and Gambling
Part 1. General Provisions, Proceedings, and Penalties
23-5-110. Public policy of state concerning gambling
23-5-111. Construction and application
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
23-5-118. Transfer of ownership interest -- definitions
23-5-119. Appropriate alcoholic beverage license for certain gambling activities
23-5-123. Disposal of fines and penalties for violation of gambling laws
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
23-5-135. Discharge of defendant
23-5-136. Injunction and other remedies
23-5-138. Evidence in administrative proceedings
23-5-139. and 23-5-140 reserved
23-5-145. through 23-5-150 reserved
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
23-5-157. 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
23-5-164. 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
23-5-173. 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
23-5-180. 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