Rule 23.16.1802 - DEFINITIONS(1) "Act" means Title 23, chapter 5, part 6, MCA.(2) "Applicant" means any person who has applied for a permit for a VGM.(3) "ASD" (audit storage device) means a removable, portable, nonvolatile, electronic, memory storage device that is compatible with a standard port on a personal computer and is used to store electronic records of audit tapes.(4) "Conventional ROM device" means a device that cannot be altered while installed in a gaming device and may contain executable programs or data that are directly addressed by a processor.(5) "CTVS" (cash ticket validation system) means a stand-alone system that electronically acquires information from VGMs for the purpose of validating cash ticket vouchers.(6) "Designated representative" means a person designated on forms provided by the department to be a representative of the licensed VGM owner or operator. This designation is made for the purposes of filing quarterly reporting documents, applying for permits, receiving of forms, etc. However, the permit holder or VGM owner remains responsible for maintaining accurate records, filing reports in a timely manner, or paying VGM taxes due.(7) "Destruction of a VGM" may be the result of deliberate or accidental causes. However, in all cases a VGM shall be considered destroyed only if it results in the VGM never being able to function again.(8) "Entertainment display" means a separate visual display to represent the outcome of a video line game and must be displayed as a video line game. This display should be considered for entertainment purposes only as the game outcome must be solely derived from the corresponding video line game.(9) "EPROM" means an erasable and programmable read-only memory.(10) "EPRS" (electronic player rewards system) means a stand-alone system that electronically acquires information from VGMs for the purpose of player rewards, as authorized by Title 23, chapter 5, MCA.(11) "Game marked spots" means spots selected by a keno game title that do not require player interaction.(12) "Game title" means an identifier representing a unique playable game, as defined in 23-5-602, MCA, at its most basic level. For example, program name ABC123 has a poker game "Jacks or Better" with unique pay tables for the five cent and 25 cent denominations. The game titles might be "Jacks or Better .05" and "Jacks or Better .25."(13) "Identification decal" means a decal permanently affixed to a VGM and bears its unique identification number issued by the department.(14) "Lifetime memory clear" means a procedure initiated by use of the audit key to clear electronic meters as defined by the department.(15) "Logic" means a digital integrated circuit.(16) "Machine" means an electronic VGM.(17) "Machine permit" means a permit issued by the State of Montana that authorizes a specific VGM to be offered for play.(18) "Modification" means a change or alteration to a VGM that affects the manner or mode of play of the VGM. The term includes any change to the control program, graphics program, or theoretical return percentage. The term does not include: (a) a change in a VGM from one approved configuration to another approved configuration or from one approved mode of play to another approved mode of play;(b) replacement of one component with another approved component; or(c) the rebuilding of a previously approved VGM with approved components in an approved configuration.(19) "Multigame machine" means a VGM that at all times offers for play to the public, within the same VGM cabinet, a combination of at least two of the following types of games that have been approved by the department: (20) "PAL" means a programmable array logic or digital integrated circuit.(21) "Predominant game" means a game, authorized under Title 23, chapter 5, part 6, MCA, the play of which can result in progression to a bonus game, and contributes more than 50% of the overall theoretical return.(22) "PROM" means programmable read-only memory.(23) "Royalty" means a defined hand combination, card value, and/or card position in the game of video poker which determines the award of multipliers, credit that can be redeemed for cash, free games, or altered play in subsequent games.(24) "Simulates the game of draw poker" means plays by or mimics the generally accepted rules or methods of any of the various card games known as "draw poker," whether played against another player or the house. Draw poker simulations include, but are not limited to, symbols used for or in place of images of playing cards, and draw poker wagering techniques. For purposes of this definition, a determination that a VGM plays the game of draw poker is not solely based on the game title.(25) "Theoretical return" means the calculation of expected payback per 23-5-607, MCA, computed by summing the award and probability products for all paytable combinations.(26) "Trigger game" means a game authorized under Title 23, chapter 5, part 6, MCA, the playing of which determines progression to bonus games, free games, or altered play in subsequent games.(27) "Valid ticket voucher" is a ticket produced by a VGM that is the result of bona fide play of a gambling machine and not the result of forgery, player tampering, manipulation, or a VGM malfunction that can be documented.(28) "Video bingo" means the game of bingo as defined in Montana law when offered and simulated by a VGM that uses video images and a random number generator rather than authorized equipment as defined in 23-5-112, MCA. The image or images projected on the video display of VGMs are a material component of the game and shall not simulate an illegal gambling device or enterprise.(29) "Video keno" means the game of keno as defined in Montana law when offered and simulated by a VGM that uses video images and a random number generator rather than authorized equipment as defined in 23-5-112, MCA. The image or images projected on the video display of VGMs are a material component of the game and shall not simulate an illegal gambling device or enterprise.(30) "Video line game" means a game in which numbers and/or symbols are drawn using a random number generator and displayed on a video screen in a variety of alignments or orders with a chance of achieving a defined outcome.(31) "Video poker" means the games of draw poker, stud, or hold 'em as defined in this rule when offered and simulated by a VGM that uses video images and a random number generator. (a) The images projected on the video display of VGMs are a material component of the game and shall not simulate an illegal gambling device or enterprise.(b) Varieties of draw poker, stud, and hold 'em must be found in the department's authority reference used for the live game of poker.(32) "Win" means playing a video game authorized in Title 23, chapter 5, part 6, MCA, as defined by rule, achieving a defined paytable combination and receiving an award that can be redeemed for cash.Mont. Admin. r. 23.16.1802
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; AMD, 1990 MAR p. 828, Eff. 4/27/90; 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, 1999 MAR p. 2048, Eff. 9/24/99; AMD, 2003 MAR p. 1989, Eff. 9/12/03; AMD, 2005 MAR p. 1281, Eff. 7/15/05; AMD, 2006 MAR p. 2131, Eff. 9/22/06; AMD, 2006 MAR p. 2916, Eff. 11/23/06; AMD, 2009 MAR p. 84, Eff. 1/30/09; AMD, 2011 MAR p. 1681, Eff. 1/1/12; AMD, 2018 MAR p. 1958, Eff.10/6/2018; AMD, 2022 MAR p. 48, Eff. 1/15/2022; AMD, 2024 MAR p. 472, Eff. 3/9/2024AUTH: 23-5-115, 23-5-602, 23-5-621, MCA; IMP: 23-5-111, 23-5-112, 23-5-115, 23-5-151, 23-5-602, 23-5-603, 23-5-607, 23-5-608, 23-5-610, 23-5-611, 23-5-612, 23-5-621, 23-5-637, MCA