Rule 23.16.202 - CREDIT PLAY PROHIBITED(1) Except as otherwise required by ARM 23.16.116 or ARM 23.16.117, when an owner of a gambling operator license changes the type of alcoholic beverage license, the owner must submit an amended gambling license application on Form 39 and obtain department approval. (2) The department may conduct an investigation to determine whether the proposed change of the license type meets the licensure requirements in 23-5-176, MCA, and department rules. (3) The applicant may continue to operate during the time the amended application is being processed.(4) All checks issued to a gambling operator for cash to participate in a gambling activity must be fully completed by the drafter (owner of the account). A completed check must include the name of the gambling licensee to whom it is payable, the amount of the check, the date upon which it was written, and the signature of the drafter. Evidence of a gambling licensee's routine pattern or practice of accepting checks omitting one or more of these elements raises a disputable presumption under ARM 23.16.3001 of illegal credit gambling.(5) Checks returned from a banking institution labeled "dishonored" or "non-sufficient funds" are not subject to the same date requirements of this rule. (6) A licensee may accept debit cards to provide cash to customers for gambling purposes. The customer must present the debit card and the cardholder must enter a PIN number. (7) No licensee may accept credit cards for cash advances or the sale of items that may be redeemed for cash, such as gambling chips, money orders, checks, electronic checks (e-checks), vouchers, travelers' checks, wire transfers, or gift cards. The sum of a credit card transaction may not exceed the actual price charged for food, beverages, items offered for sale, tax where applicable, any service tip offered to and retained by the licensee's staff plus any credit card transaction fee charged the customer. (8) Any merchandise or services purchased from a licensee with a credit card may be refunded or reimbursed through an adjustment to the customer's credit card account, and not by a cash refund unless, as provided in 30-14-108(4), the gift card was originally purchased for an amount in excess of $5 and the amount remaining on the card is less than $5. (9) The play of authorized card games which are normally scored using points is not considered credit gambling.Mont. Admin. r. 23.16.202
NEW, 1990 MAR p. 286, Eff. 2/9/90; AMD, 1997 MAR p. 404, Eff. 2/25/97; AMD, 2005 MAR p. 2248, Eff. 11/11/05; AMD, 2009 MAR p. 1260, Eff. 7/31/09; AMD, 2017 MAR p. 1893, Eff. 10/14/2017; AMD, 2019 MAR p. 302, Eff. 3/16/2019AUTH: 23-5-115, MCA; IMP: 23-5-115, 23-5-157, MCA