23-5-152. Possession of illegal gambling device or conducting illegal gambling enterprise prohibited -- exceptions.
23-5-152. Possession of illegal gambling device or conducting illegal gambling enterprise prohibited -- exceptions. (1) Except as provided in 23-5-153 and subsections (2) through (6) of this section, it is a misdemeanor punishable under 23-5-161 for a person to purposely or knowingly:
(a) have in the person's possession or under the person's control or permit to be placed, maintained, or kept in any room, space, enclosure, or building owned, leased, or occupied by or under the person's management or control an illegal gambling device; or
(b) operate an illegal gambling enterprise.
(2) Subsection (1) does not apply to a public officer or to a person coming into possession of an illegal gambling device in or by reason of the performance of an official duty and holding it to be disposed of according to law.
(3) (a) The department may adopt rules to license persons to manufacture gambling devices that are not legal for public play in the state.
(b) A person may not manufacture an illegal gambling device without having obtained a license from the department. The department may charge an administrative fee for the license that is commensurate with the cost of issuing the license.
(4) (a) A person licensed under subsection (3) may conduct only those activities authorized under this subsection (4).
(b) A licensee may bring an illegal gambling device, including an illegal video gambling machine, into the state if:
(i) the illegal gambling device contains a component that will be used by the licensee to manufacture an illegal gambling device for export from the state; or
(ii) the illegal gambling device will be reconditioned, refurbished, repaired, tested, or otherwise substantially modified in preparation for export from the state; and
(iii) the illegal gambling device will be exported from the state; and
(iv) the licensee has notified the department and received authorization from the department to bring the illegal gambling device into the state. The licensee is subject to reporting requirements provided for in rules adopted under subsection (3)(a).
(c) A licensee may also bring an illegal video gambling machine into the state if:
(i) the illegal video gambling machine will be reconditioned, refurbished, repaired, or otherwise substantially modified for conversion to an authorized video gambling machine; and
(ii) the licensee has notified the department and has received authorization from the department to bring the illegal video gambling machine into the state. The licensee is subject to reporting requirements provided for in rules adopted under subsection (3)(a).
(5) An illegal gambling device may be possessed or located for display purposes only and not for operation:
(a) in a public or private museum; or
(b) in any other public place if the device has been made permanently inoperable for purposes of conducting a gambling activity.
(6) An antique illegal gambling device may be possessed by a licensed retail business establishment for purposes of resale and not for operation as provided in 23-5-153.
History: En. Sec. 2, Ch. 115, L. 1907; Sec. 8417, Rev. C. 1907; re-en. Sec. 11160, R.C.M. 1921; re-en. Sec. 11160, R.C.M. 1935; Sec. 94-2404, R.C.M. 1947; redes. 94-8-404 by Sec. 29, Ch. 513, L. 1973; amd. Sec. 20, Ch. 508, L. 1977; R.C.M. 1947, 94-8-404; amd. Sec. 21, Ch. 642, L. 1989; Sec. 23-5-103, MCA 1987; redes. 23-5-152 by Code Commissioner, 1989; amd. Sec. 1, Ch. 211, L. 1991; amd. Sec. 5, Ch. 647, L. 1991; amd. Sec. 5, Ch. 626, L. 1993; amd. Sec. 1, Ch. 354, L. 1997; amd. Sec. 10, Ch. 134, L. 2005; amd. Sec. 2, Ch. 429, L. 2007.