23-5-153. Possession and sale of antique gambling devices. (1) Subject to the requirements of subsection (4), a person may possess, sell, purchase, or transfer an antique gambling device. The person possessing the antique gambling device bears the burden of demonstrating that the device qualifies as an antique gambling device. Proof of qualification may be demonstrated by a date on an original, authentic manufacturer's serial number plate affixed to the gambling device or by other reliable documentation.
(2) An antique gambling device may be operated only in:
(a) a licensed gambling operation when authorized by law and permitted under part 6 of this chapter; or
(b) a private residential dwelling.
(3) (a) An antique gambling device may be possessed or located for purposes of display only and not for operation:
(i) in a public or private museum; or
(ii) in any other public place if the device is inaccessible to the public or is inoperable for purposes of conducting a gambling activity.
(b) A licensed manufacturer-distributor or a person licensed under subsection (4) may possess antique gambling devices for purposes of commercially selling or otherwise supplying the devices.
(4) A person other than a licensed manufacturer-distributor may not sell more than three antique gambling devices in a 12-month period without first obtaining from the department a license for selling the antique gambling devices. The fee for the license is $50, and the license is valid for 3 years from the date that the license is issued. The fee must be retained by the department for administrative purposes.
History: En. Sec. 1, Ch. 197, L. 1949; Sec. 94-2429, R.C.M. 1947; redes. 94-8-428 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 94-8-428; (2) thru (5) En. Sec. 1, Ch. 503, L. 1983; amd. Sec. 2, Ch. 503, L. 1983; amd. Sec. 1, Ch. 364, L. 1989; amd. Secs. 22, 73, Ch. 642, L. 1989; Sec. 23-5-104, MCA 1987; redes. 23-5-153 by Code Commissioner, 1989; amd. Sec. 28, Ch. 647, L. 1991; amd. Sec. 11, Ch. 134, L. 2005; amd. Sec. 3, Ch. 429, L. 2007; amd. Sec. 4, Ch. 57, L. 2019.