# Title 99 — State Gaming Commission

## Article 99-01.3 — Games of Chance

## Chapter 99-01.3-02 — General Rules

### § 99-01.3-02-01. Definitions.

As used in this article:
1. "Application software" means those computer programs that direct an electronic game system
to perform those specific information-processing activities that permit the operation of the
electronic game, permit the collection and recording of game information, and permit the
reporting of that information to the attorney general. The application software overlays the
operating system software and is unable to function without the operating system software.
2. "Attorney general" includes an agent of the attorney general.
3. "Bar" means retail alcoholic beverage establishment where alcoholic beverages are dispensed
and consumed. This does not include off-sale liquor stores or gas stations, grocery, or
convenience stores. A bar must be licensed under North Dakota Century Code chapter 5-02
and is devoted to the serving of alcoholic beverages for consumption by guests on the
premises. The term includes a bar located within a hotel, bowling center, or restaurant.
4. "Bar employee" is a person, employed by a bar that is not operated by an organization, who
redeems winning pull tabs or prize boards, or both, involving a dispensing device, redeems
credit ticket vouchers involving an electronic pull-tab device, or who sells raffle tickets or
sports pool chances on a board for an organization.
5. "Bingo session" means a program of predetermined number of bingo games that are
successively played. Intermissions may be included in the program. A session may not extend
beyond a business day. However, any session in progress which continues past midnight must
be considered played on the day the session began.
6. "Business day" relates to the typical hours in a day when normal business operations take
place. For games of chance, this includes a site's start of business until the close of business
for a day, which may continue past midnight.
7. "Cash on hand" means coin, currency, and checks, plus an IOU due from another source of
cash or nongaming funds, less an IOU owed to another source of cash or nongaming funds.
8. "Cash prize" means coin, currency, marketable security, and a similar item that can be readily
redeemed or converted into legal tender. Cash prize does not include precious metal bullion, a

coin of precious metal or antique coin that has a market value greater than its face value, or a
merchandise gift certificate. The value of a marketable security is its cost.
9. "Cash profit" means:
a. For bingo and electronic quick shot bingo, total ending cash on hand, less starting cash
on hand and prizes paid by check, for a bingo session.
b. For a raffle, total receipts less prizes paid by cash and check.
c. For a commingled game of pull tabs, total ending cash on hand, less starting cash on
hand and cash prizes paid by check, for a day's activity.
d. For a commingled game of pull tabs involving a dispensing device, total currency
withdrawn from a dispensing device, less credit paid on a credit redemption register,
cash long or short from an employee bank, and prizes paid, for an interim period.
e. For each manufacturer's system of commingled electronic pull-tab games at a site, total
currency and total dollar value of credit ticket vouchers in the devices, less total dollar
value of credit ticket vouchers in devices and paid by a bar or organization employee,
credits paid on a credit redemption register, and cash long or short from an employee
bank, for an interim period.
f. For a club special, tip board, seal board, and punchboard, the total daily difference
between ending cash on hand and starting cash on hand and less prizes paid by check,
for the game.
g. For a prize board, the total daily difference between ending cash on hand and starting
cash on hand, less prizes paid by check and cost of coins, for the game.
h. For a prize board involving a dispensing device, total currency withdrawn from a
dispensing device, less total cash prizes paid, prizes paid by check, cost of coins, credit
paid on a credit redemption register, and cash long or short from an employee bank, for
the game.
i. For a sports pool, the total daily difference between ending cash on hand and starting
cash on hand, less prizes paid by check.
j. For twenty-one, and paddlewheels described by subsection 2 of section 99-01.3-11-01,
total ending cash on hand, plus drop box cash, less total starting cash on hand, for a
day's activity.
k. For poker, total ending cash on hand, less starting cash on hand, less prizes paid by
check, for a day's activity.
l. For calcuttas, total ending cash on hand, less starting cash on hand, prizes paid by
check, and refunds to players, for the event.
m. For paddlewheels described by subsection 1 of section 99-01.3-11-01, total ending cash
on hand, less starting cash on hand and prizes paid by check, for a paddlewheel ticket
card.
10. "Conduct of games" means the direct operation of a game on a site, including placing pull tabs
in, withdrawing currency from, and buying back redeemed winning pull tabs dispensed from a
dispensing device; and withdrawing currency from and buying back redeemed credit ticket
vouchers dispensed from an electronic pull-tab device.

11. "Deal" in pull tabs, including electronic deals means each individual game or series of pull-tab
packages which makes up a game with a specific form number and a unique serial number.
12. "Electronic pull-tab game" means a game family with a common game name, theme, symbols,
and ticket count which allows for a variety of price per play denominations and prize payouts
under different form numbers.
13. "Employee" includes a person employed by an organization, an employee of a temporary
employment agency who provides gaming-related services to an organization, and a volunteer
of an organization.
14. "Flare" refers to a flare or master flare as follows:
a. Flare. A flare is a display with the state gaming stamp affixed which describes a
punchboard, sports-pool board, calcutta board, deal of pull tabs, club special, tip board,
prize board, seal board, and raffle board. The flare for a punchboard is its face sheet. A
flare for a sports-pool board, calcutta board, prize board, club special, tip board, seal
board, and raffle board is the game board.
b. Master flare. A master flare for a game of pull tabs is the same as a "flare" but it does not
have a state gaming stamp affixed. A master flare for paddlewheels is described by
subsection 1 of section 99-01.3-11-02.
15. "Gaming equipment" means a game piece or device specifically designed for use in
conducting games, including integral components of a dispensing device such as a currency
validator, processing board, EPROM microchip or other data storage device, attached bar
code credit devices, and card shuffling devices. This includes all electronic pull-tab operating
systems and devices, electronic quick shot bingo operating systems and devices, electronic
fifty-fifty raffle systems and devices, and their related hardware and software. The term
excludes fill and credit slips, promotional paper bingo cards, bingo daubers, video surveillance
equipment, jar bars, jar containers, poker tables, raffle drums, double admission tickets, table
covers, dealing shoes, discard holders, plungers, shoe and card covers, chip spacers, and
weight scales.
16. "Inside information" is any information about the status of a game when that game is
conducted that may give a person an advantage over another person who does not have that
information, regardless if the person uses or does not use the information, when providing that
information is prohibited by the gaming law or rules. It includes information provided through
written, verbal, or nonverbal communications that implies or expresses the number of unsold
chances; relationship of a game's cash on hand to its ideal adjusted gross proceeds; number
of unredeemed top tier or minor winning game pieces that is not posted, value of a hole card
in twenty-one, number under the tape of a sports-pool board, or number under a seal.
17. "Organization" in reference to a local permit includes a "group of people" working together for
a public-spirited cause.
18. "Player" is an individual who purchases a game piece or places a wager in a game of chance.
An organization may not be a player in any games of chance the organization is conducting. A
business that is not an organization with a gaming license or permit for the event, may
purchase raffle tickets; however, an individual's name representing the business that bought
the tickets must be recorded on the raffle ticket.
19. "Political party" means any association, committee, or organization which nominates a
candidate for election to any office which may be filled by a vote of the electors of this state or
any of its political subdivisions and whose name appears on the election ballot as the
candidate of such association, committee, or organization.

20. "Primary game" is the principal game conducted on a site. Determining factors include
frequency of conduct, square footage used, duration of time conducted, and volume of activity.
21. "Retail price" means the purchase price paid by an organization, excluding sales tax.
22. "Volunteer" means a person who conducts games for no compensation. A volunteer may
receive a gift not exceeding a total retail price of thirty dollars for a consecutive
twenty-four-hour period, cash tips, and reimbursement for documented business expenses.
No gift may be cash or convertible into cash. See definition of employee.
History: Effective May 1, 1998; amended effective July 1, 2000; July 1, 2002; July 1, 2004; October 1,
2006; July 1, 2010; July 1, 2012; April 1, 2016; July 1, 2018; January 1, 2023.
General Authority: NDCC 53-06.1-01.1
Law Implemented: NDCC 53-06.1-01.1, 53-06.1-06
### § 99-01.3-02-02. Record check.

1. An organization or distributor may not employ a person as a temporary or permanent
"employee" until the organization or distributor has initiated a record check on the person, the
person has independently requested a record check from the bureau of criminal investigation
within one year before employment, or a person is not required to have a record check
according to subsection 5. However, an organization or distributor may temporarily employ a
person pending the results of a record check.
2. An organization or distributor shall initiate a record check of a person by submitting a "request
for record check" form to the attorney general within twenty-one calendar days of the first day
of employment. If special circumstances exist, including an applicant residing out of state, the
organization shall follow procedures prescribed by the attorney general. An organization or
distributor may only request a record check of a person who has a written promise of
employment or who is temporarily employed pending the result of the record check. A person
shall attest to the accuracy of the information on the form and authorize the attorney general
to release information on any criminal record found, including a copy of the bureau of criminal
investigation's criminal history record information, to an organization or distributor which
requested the record check.
3. An organization shall initiate a record check on employees at least every six years,
commencing with the date of employment.
4. For the purpose of this section, the definition of an "employee" is:
a. A person who directly operates games on a site;
b. A person who is a shift or gaming manager;
c. A person who places a deal of pull tabs in a dispensing device, removes currency from a
device, or reimburses a bar for redeemed pull tabs or credit ticket vouchers;
d. A person who is a member of a drop box cash count team; or
e. A person who directly sells or distributes gaming equipment for a distributor.
5. These employees of an organization are not required to have a record check:
a. A volunteer, except a gaming manager or person who is a member of a drop box cash
count team;
b. An employee who is sixteen or seventeen years of age;

c. An employee who has had a record check done and, within one year of the record check,
has become reemployed by the same organization or employed by a different
organization, distributor, or bar than the person was employed by when the record check
was done, and who provides the results of the record check and, if applicable, a copy of
the bureau of criminal investigation's criminal history record information, to the new
employing organization, distributor, or bar; or
d. An employee, other than a gaming manager, who only conducts a calcutta, raffle, poker,
or sports pool or is employed by an organization that conducts games on no more than
fourteen days during a calendar year.
6. The attorney general may require fingerprints of a person. A local law enforcement agency
may charge a fee for taking fingerprint impressions.
7. The fee for a record check is fifteen dollars and is not refundable. However, if a federal agency
or local law enforcement agency has done a record check, the attorney general may waive the
fee. The fee must be remitted by an organization, distributor, or person with the request form.
8. The attorney general shall conduct the record check and provide the results to an organization
or distributor which requested the record check unless a federal or local law enforcement
agency conducts a record check. This notice must indicate whether a criminal record was
found or not found. If a criminal record is found, the attorney general shall also provide an
organization or distributor with a copy of the bureau of criminal investigation's criminal history
record information. An organization or distributor shall review this report to determine whether
a person is eligible for employment as an employee according to subdivision a or b of
subsection 5 of North Dakota Century Code section 53-06.1-06.
9. If a person is not eligible for employment but has been temporarily employed pending the
results of a record check, an organization or distributor, within five days of receiving the copy
of the record check, shall terminate the person's employment. This period cannot be extended
without consent of the office of attorney general.
10. An organization or distributor shall retain the results and criminal history record information
from the federal or local law enforcement licensing document for the time period prescribed by
federal law.
11. If a person, while employed by an organization or distributor, pleads guilty to or has been
found guilty of a felony or misdemeanor offense referenced by subdivisions a and b of
subsection 5 of North Dakota Century Code section 53-06.1-06, the person shall immediately
notify the organization or distributor. Upon notification, an organization or distributor, within five
days, shall terminate the person's employment unless the person received a deferred
imposition of sentence and has fully complied with the terms of the deferral.
History: Effective May 1, 1998; amended effective July 1, 2000; July 1, 2002; July 1, 2004; October 1,
2006; July 1, 2010; April 1, 2016; July 1, 2018; January 1, 2023.
General Authority: NDCC 53-06.1-01.1
Law Implemented: NDCC 53-06.1-01.1, 53-06.1-06
### § 99-01.3-02-03. Restrictions and requirements.

1. An employee shall wear an identification tag while working in the gaming area of a site. The
tag must display a person's name, which may be the employee's middle name or a shortened
form of a proper name, and first initial of the last name or the person's identification number,
and organization's name. The tag must be worn on the upper one-third of a person's body. An
organization shall provide an identification tag to a gaming employee and is responsible for
ensuring that the tag is properly displayed.

2. An organization shall have the gaming law; chapter 99-01.3-02, general rules; chapter
99-01.3-03, accounting rules; and the rules chapter of each game type conducted at a site
available in the gaming area for review by any person.
3. An organization shall have a policy manual on its conduct and play of games in the gaming
area at a site available for review by any person. The manual must include policies for
resolving a question, dispute, or violation of the gaming law or rules. The manual cannot
include internal controls.
4. An organization's top official shall provide to the governing board and membership in writing,
or by electronic publication method, each quarter information on an organization's adjusted
gross proceeds; cash profit; cash long or short; net proceeds; excess expenses;
reimbursement of excess expenses; and, for a fraternal, veterans, or civic and service
organization, a list of eligible uses. If an administrative complaint is issued to an organization,
the top official shall disclose the allegation, in writing, to the board within seven days from the
date the complaint was received. If an allegation is substantiated, the top official shall disclose
to the board, in writing, the allegation and sanction imposed within ninety days of the final
disposition of the complaint. The organization shall disclose to the membership how they may
obtain information on the quarterly gaming activity and any information regarding the final
disposition of a complaint. This information and how it was provided to the governing board
and membership must be included in an organization's records.
5. A person may not modify a state gaming stamp or flare, including a last sale prize. An
organization may not, independent of a distributor, add or delete a last sale prize.
6. A person under the age of twenty-one may not conduct games and may not be a member of a
drop box cash count team at an alcoholic beverage establishment. An employee under the
age of eighteen may not count drop box cash. A person under the age of sixteen may not
conduct bingo.
7. An organization may not pay any compensation, expense, or fee to an entity or person based
on the number of participants for an event, or on a participatory or graduated rate of gross
proceeds or adjusted gross proceeds for any game type conducted.
8. An employee or a bar employee may not use inside information or provide inside information
to any person.
9. The attorney general may waive a rule when it is for the best interest of the gaming industry
and public.
10. If an organization does not plan to reapply for a license for the next licensing period or
relinquishes a license, it shall return its unplayed games, with state gaming stamps, to the
attorney general or distributor. An organization may not destroy an unplayed or unreported
game without permission of the attorney general.
11. When an organization disposes played deals of pull tabs, club specials, prize boards, tip
boards, seal boards, punchboards, and casino chips, the disposal method must assure
complete destruction. When disposing of a dispensing device, the organization shall ensure
that the device is rendered completely inoperable, which includes removing all electronics
from the device.
12. If an organization is forced to dispose of accounting records or game pieces damaged in a
natural or extraordinary disaster, it shall document each item disposed and provide a copy of
the documentation to the attorney general within fourteen days before the disposal.
13. Any incident interrupting the operation or affecting the security or integrity of an electronic fifty-
fifty raffle system, site system with bingo card marking devices, electronic quick shot bingo site

operating system with card marking devices, or electronic pull-tab operating system must be
reported to the attorney general by the next business day from the date of occurrence.
History: Effective May 1, 1998; amended effective July 1, 2000; July 1, 2002; July 1, 2004; October 1,
2006; July 1, 2010; April 1, 2016; January 1, 2023.
General Authority: NDCC 53-06.1-01.1
Law Implemented: NDCC 53-06.1-01.1
### § 99-01.3-02-04. Equipment acquisitions and use.

1. An organization shall procure gaming equipment only from a licensed distributor. However, an
organization may:
a. Buy raffle tickets with a detachable stub from a printer, buy double roll tickets from any
vendor, or construct a raffle board;
b. Buy, lease, or sell a used pull-tab dispensing device, including electronic pull-tab devices,
from or to a distributor or another organization provided that a distributor records the
transaction on a sales invoice;
c. Buy, sell, rent, lend, exchange, or give its own used playing cards, jar bar, jar container,
twenty-one or poker table, video surveillance equipment, raffle drum, bingo hard cards,
bingo daubers, bingo machine, flashboard, table cover, dealing shoe, discard holder,
plunger, shoe and card cover, poker chips, chip tray, chip spacers, paddlewheel,
paddlewheel table, or weight scales from or to any organization. An organization may not
sell or otherwise provide any of these particular items or any other item of gaming
equipment, except playing cards, to any other person unless approval is obtained from
the attorney general; or
d. Buy a twenty-one, paddlewheel, or poker table, and jar bar which has been designed and
constructed by a carpenter provided that the table playing surface for twenty-one and
paddlewheel tables, drop box, and any related gaming equipment is purchased from a
distributor.
2. An organization may not use or knowingly permit its gaming equipment to be used for an
illegal purpose.
3. An organization or an employee may not conduct or possess a deal of pull tabs, club special,
tip board, seal board, raffle board, prize board, punchboard, sports-pool board, calcutta board,
or series of paddlewheel ticket cards unless its flare has a gaming stamp.
4. If an organization or distributor suspects that a deal of pull tabs, club special, tip board, prize
board, or punchboard may be defective, the organization or distributor shall comply with
guidelines prescribed by the attorney general.
History: Effective May 1, 1998; amended effective July 1, 2000; July 1, 2002; October 1, 2006; July 1,
2010; April 1, 2016; January 1, 2023.
General Authority: NDCC 53-06.1-01.1
Law Implemented: NDCC 53-06.1-01.1, 53-06.1-06, 53-06.1-14
### § 99-01.3-02-05. Lessor and organization - Restrictions.

1. A lessor's employee who is not the lessor's spouse, lessor's common household member,
management, management's spouse, or lessor's employee or agent who approved the lease
may conduct games at that site, including accessing a dispensing device, as an organization
employee:

a. On a day when the employee is not working for the bar; or
b. On a day when the employee is working for the bar but is working in an area of the bar
where alcoholic beverages are not dispensed or consumed.
2. No game may be directly operated as part of a lessor's business. However, a lessor may
donate a gift certificate or cash or merchandise prize to an organization.
3. A lessor, lessor's spouse, lessor's common household member, management, management's
spouse, officer, board of directors member, or, lessor's employee or agent who approved the
lease, may not:
a. Loan money or provide gaming equipment to an organization;
b. Interfere with or attempt to influence an organization's selection of games, determination
of prizes, including a bingo jackpot prize, disbursement of net proceeds, or influence the
selection of a distributor to purchase gaming equipment from. However, a lessor may
recommend an eligible use. If the lessor violates this rule, the attorney general may
suspend any or all games at the site for up to six months;
c. Conduct games at any of the organization's sites and, except for officers and board of
directors members who did not approve the lease, may not play any game at the lessor's
site;
d. Require an organization's employee to assist, for or without compensation, in a lessor's
business at the site. However, an organization's employee may voluntarily order drinks
for customers; or
e. Count drop box cash.
4. A lessor who is an officer or board member of an organization may not participate in the
organization's decisionmaking that is a conflict of interest with gaming.
5. Only an organization or its employee that has received approval from the attorney general or
follows guidelines prescribed by the attorney general may buy a gift certificate or merchandise
as a gaming prize from a lessor, or buy merchandise, food, or alcoholic or nonalcoholic drinks
from the lessor for the lessor's employees or patrons. An organization's employee may
patronize a lessor in the normal course of a lessor's business.
6. An organization, employee, or bar may not give a free or discounted game piece, chip, or play
of a game except for discounts allowed for bingo and raffle activity, or free or discounted
alcoholic drink to a person to play a game. A lessor may at its own expense advertise gaming
on promotional drink tickets.
7. Any advertising by the lessor, organization, or both, of lawful charitable gaming conducted by
a licensed organization must include the gaming organization's name. An abbreviation of the
organization's name may be used.
History: Effective May 1, 1998; amended effective July 1, 2000; July 1, 2002; July 1, 2004; July 1,
2010; April 1, 2016; July 1, 2018.
General Authority: NDCC 53-06.1-01.1
Law Implemented: NDCC 53-06.1-01.1, 53-06.1-06
### § 99-01.3-02-06. Rental agreement.

1. A rental agreement must be signed and dated by a lessor and organization.
2. An agreement must contain:

a. Term of the agreement which must be on a fiscal year basis from July first to June
thirtieth or, if a site authorization is for a shorter period, the term is for the shorter period.
Except for a site where bingo is the primary game, an agreement may not exceed five
years;
b. Monetary consideration;
c. The inclusion of this statement with proper selections made:
"The lessor agrees that the (lessor), (lessor's) spouse, (lessor's) common household
members, (management), (management's) spouse, or an employee of the lessor who is
in a position to approve or deny a lease may not conduct games at any of the
organization's sites and, except for officers and board of directors members who did not
approve the lease, may not play games at that site. However, a bar employee may
redeem a winning pull tab, redeem a credit ticket voucher, pay a prize board cash prize,
and award a prize board merchandise prize involving a dispensing device and sell raffle
tickets or sports pool chances on a board on behalf of an organization";
d. If an organization provides a lessor with a temporary loan of funds for redeeming winning
pull tabs, credit ticket vouchers, or for paying prize board cash prizes involving a
dispensing device, a statement that the lessor agrees to repay the entire loan
immediately when the organization discontinues using a device at the site and absorb a
loss related to a loss or theft of the temporary loan of funds; and
e. Statements that:
(1) Bingo is or is not the primary game conducted;
(2) Twenty-one or paddlewheels, or both (involving a playing table), is or is not
conducted and the number of tables on which the rent is based, including the
number of tables on which a wager over five dollars is accepted;
(3) Pull tabs is or is not conducted with or without a dispensing device and number of
electronic pull-tab devices for use;
(4) The rental agreement is automatically terminated, at a lessor's option, if an
organization's license is suspended for more than fourteen days or revoked;
(5) An oncall, temporary or permanent employee, except a bar employee defined by
subsection 3 of section 99-01.3-02-01 will not, directly or indirectly, conduct games
at the site as an organization employee on the same day the employee is working in
the area of the bar where alcoholic beverages are dispensed or consumed;
(6) The lessor agrees no game will be directly operated as part of the lessor's business;
(7) The lessor agrees not to interfere with or attempt to influence the lessee's selection
of games, determination of prizes, including a bingo jackpot prize, or disbursement
of net proceeds;
(8) The lessor agrees not to loan money to, provide gaming equipment to, or count drop
box cash for the lessee; and
(9) The lessor agrees any advertising by the lessor that includes charitable gaming
must include the charitable gaming organization's name. An abbreviation of the
organization's name may be used.
3. Rent must be a fixed dollar amount per month.

a. A participatory or graduated rate arrangement based on gross proceeds or adjusted
gross proceeds is prohibited.
b. If bingo is the primary game or if a site is leased by an organization that has the alcoholic
beverage license for that site, the monthly rent must be reasonable. Factors include time
usage, floor space, local prevailing rates, and available sites and services. An
organization may pay seasonal expenses, such as snow removal, air-conditioning, and
heating, to a vendor.
c. If bingo is not the primary game, the maximum monthly rent must be according to
subsection 5 of North Dakota Century Code section 53-06.1-11. Special considerations
are:
(1) If two or more organizations conduct twenty-one or paddlewheels, or both, involving
a table and pull tabs for less than a month at a temporary site which is a public or
private premise, or if two or more organizations are issued site authorizations to
conduct games at a site on different days of the week, the maximum monthly rent,
in the aggregate, may not exceed the limit set by subsection 5 of North Dakota
Century Code section 53-06.1-11; and
(2) If a raffle, calcutta, sports pool, or poker is conducted with twenty-one,
paddlewheels, or pull tabs, no additional rent is allowed.
d. Except for applying subsection 3 or 4 of section 99-01.3-03-04, and additional rent paid
to a lessor for simulcast racing, an organization or employee may not pay any additional
rent or expense, from any source, or for any other purpose, including office or storage
space, snow removal, maintenance or cleaning fees, equipment, furnishings,
entertainment, or utilities. Except for a leased site at which bingo is the primary game
conducted, an organization may not pay for any capital or leasehold improvements or
remodeling.
4. If there is a change in the monthly rent or any other material change to a rental agreement,
the agreement must be amended and a copy received by the attorney general before its
effective date.
History: Effective May 1, 1998; amended effective July 1, 2000; July 1, 2002; July 1, 2004; October 1,
2006; July 1, 2010; April 1, 2016; July 1, 2018; January 1, 2023.
General Authority: NDCC 53-06.1-01.1
Law Implemented: NDCC 53-06.1-01.1, 53-06.1-06, 53-06.1-07.4
### § 99-01.3-02-07. Gaming manager, shift manager, and reporting violations.

1. An organization shall designate one person as the gaming manager. A gaming manager may
not be an employee of a temporary employment agency. A gaming manager is the person who
is responsible and held accountable for managing and controlling the overall gaming
operation. A person may be a gaming manager for not more than two organizations. When the
gaming manager changes, an organization shall notify the attorney general on a prescribed
form within fourteen days of the change.
2. An organization shall designate an employee at a site as a shift manager for each shift of
each day. A shift manager shall be on the site during that shift and may not be an employee of
a temporary employment agency. A shift manager is a person who is responsible and held
accountable for regularly managing games at a site and ensuring compliance with the gaming
law and rules by an employee, lessor, and player.

3. An organization, distributor, or gaming or shift manager shall immediately report any material
violation of the gaming law or rules and any gaming-related criminal activity to the gaming
division of the office of attorney general and a local law enforcement agency.
History: Effective May 1, 1998; amended effective July 1, 2000; July 1, 2002; April 1, 2016.
General Authority: NDCC 53-06.1-01.1
Law Implemented: NDCC 53-06.1-01.1
### § 99-01.3-02-08. Currency of play, credit play, and borrowing from gaming funds.

1. Play of a game must be in United States currency. Play of a game must be on a cash basis.
An organization may, by policy, accept checks and allow the use of debit cards. No credit may
be extended to a player. Payment by credit card may be accepted only for online raffle ticket
sales. The consideration to play a game must be paid before play. An employee may not loan
money to a player, accept a postdated check, allow a player to alter a check, permit a player
to establish an account by depositing cash for making periodic withdrawals, or any similar
practice. An organization may allow a player to buy back a check with cash and may return a
player's check to the player as part of a prize payout but may not unnecessarily delay the
bank deposit of that check.
2. An employee may not borrow gaming funds as a personal loan or substitute a personal check
for gaming funds.
History: Effective May 1, 1998; amended effective July 1, 2000; October 1, 2006; July 1, 2018;
January 1, 2023.
General Authority: NDCC 53-06.1-01.1
Law Implemented: NDCC 53-06.1-01.1
### § 99-01.3-02-09. Persons restricted from playing games.

1. An employee who is a shift or gaming manager may not play any game at any of the
organization's sites. An employee who services a pull tab or prize board dispensing device
may not play the device at that site.
2. An employee may not play any game while on duty, except a volunteer may participate in a
raffle. For the game of bingo, if an organization's total gross proceeds for the previous fiscal
year, for which tax returns were filed, was twenty-five thousand dollars or less, a volunteer
who is not a bingo caller, shift manager, or gaming manager, may also play bingo while on
duty.
3. An employee may not play pull tabs or prize boards, including through a dispensing device, tip
board, club special, or punchboard until after three hours of active play have occurred since
the employee went off duty at that site. "Active" play means that a game has been available
for play. A player may not provide and an employee may not accept an unopened pull tab as a
tip.
4. An employee may play twenty-one while off duty at organization sites only on tables that have
the activity recorded by video surveillance.
5. A bar employee may not play pull tabs or prize boards, which involve a dispensing device, or
electronic pull tabs while on duty. A bar employee may play pull tabs or prize boards, involving
a dispensing device, or electronic pull tabs while off duty after three hours of active play have
occurred since the bar employee went off duty at that site, unless otherwise prohibited by
subdivision c of subsection 3 of section 99-01.3-02-05.
6. An employee or bar employee taking a temporary break is still considered on duty.

7. If an organization allows an employee to play games at its site, it shall post or make available
to players the policy at that site.
8. A shift manager may not permit and an employee may not allow an employee's common
household member, spouse, child, parent, brother, or sister, at a site, to:
a. Play pull tabs, except electronic pull tabs, of a game while the employee is on duty as a
jar operator for that game, regardless if the employee takes a temporary break or rotates
to conduct another game. This rule also applies to an employee who conducts pull tab or
prize board dispensing device activity; or
b. Play twenty-one or paddlewheels at a table when the employee is dealing or is a wheel
operator at that table.
9. An organization may prohibit a person from playing games at a site.
History: Effective May 1, 1998; amended effective July 1, 2000; July 1, 2002; July 1, 2004; July 1,
2010; April 1, 2016; July 1, 2018; January 1, 2023.
General Authority: NDCC 53-06.1-01.1
Law Implemented: NDCC 53-06.1-01.1
### § 99-01.3-02-10. Acknowledgment of the gaming law and rules.

An employee shall read and acknowledge in writing, within sixty days of employment and the
effective date of new gaming laws or rules, that the person has read and understands the provisions
that relate to the person's job duties. The organization shall designate the provisions to be read. An
acknowledgment must be dated, reference the provisions, and be part of the person's personnel file.
History: Effective May 1, 1998; amended effective July 1, 2000; July 1, 2002; July 1, 2004; October 1,
2006; July 1, 2010; April 1, 2016.
General Authority: NDCC 53-06.1-01.1
Law Implemented: NDCC 53-06.1-01.1
### § 99-01.3-02-11. Outside service provider restrictions.

Only an organization member, employee, including an employee of a temporary employment
agency, or member of an auxiliary to an organization may manage, control, conduct games, or have
sole direct access to gaming assets. An organization may have an outside service provider, including
another organization, provide specific gaming-related services. All accounting records and played
games shall be stored by the organization. The organization shall ensure that the outside service
provider complies with the gaming law and rules and may allow assistance with the following:
1. Perform audit services, including auditing closed games and daily activity, do interim audits of
games, verify bank deposits, and reconcile inventory of gaming equipment and cash banks;
2. Perform accounting and bookkeeping services, including recording receipts and
disbursements, processing payroll and payroll reports, reconcile bank statements, write
checks, and prepare budgets, financial statements, and tax returns. However, an outside
service provider may not have signatory authority of a bank account;
3. Access and review recorded video;
4. Take a locked bank bag or locked drop box to a financial institution provided the outside
service provider has no access key; and
5. An outside service provider that is a security company, security agency, accounting firm, or
financial institution may count drop box cash.

History: Effective May 1, 1998; amended effective July 1, 2000; July 1, 2004; October 1, 2006; April 1,
2016; July 1, 2018; January 1, 2023.
General Authority: NDCC 53-06.1-01.1
Law Implemented: NDCC 53-06.1-01.1, 53-06.1-06
### § 99-01.3-02-12. Audit and inspection of facilities and records.

Repealed effective July 1, 2000.
### § 99-01.3-02-13. Denial, suspension, or revocation of a license.

1. The attorney general may deny, suspend, or revoke a license or a permit of an organization,
distributor, or manufacturer:
a. When the applicant has:
(1) Violated, failed, or refused to comply with any provision of the gaming law or rules
or any other law of North Dakota or has knowingly allowed, caused, aided, abetted,
or conspired with another person to cause the person to violate any provision of the
gaming law or rules or any other law of North Dakota;
(2) Falsified information on a license application or obtained a license by fraud,
misrepresentation, concealment, or mistake;
(3) Denied the attorney general access to a site or manufacturing facility, or failed to
timely provide information requested or required by the attorney general, gaming
law, or rules;
(4) Misrepresented, or failed to disclose, a material fact to the attorney general; or
(5) Engaged in any act or practice to defraud or cheat a person, or has used a device
or scheme to defraud a person.
b. If the attorney general, for any reason, deems it to be in the public interest, such reasons
include cases wherein the applicant or licensee, or any person with a "substantial
interest" therein:
(1) Has previously conducted illegal gambling or gaming activity in any jurisdiction;
(2) Has demonstrated willful disregard for complying with ordinances, statutes,
administrative rules, or court orders, whether at the local, state, or federal level in
any jurisdiction;
(3) Possesses a threat to the effective regulation of gambling, or creates or increases
the likelihood of unfair or illegal practices, methods, and activities in the conduct of
gambling activities, as demonstrated by:
(a) Prior activities;
(b) Criminal record;
(c) Reputation;
(d) Habits;
(e) Associations; or

(f) Knowingly provides or has provided goods or services to an entity that illegally
operates gambling activities.
2. Upon revocation of a license, an organization, distributor, or manufacturer shall return the
license and, if applicable, site authorization to the attorney general.
History: Effective May 1, 1998; amended effective July 1, 2000; July 1, 2018.
General Authority: NDCC 53-06.1-01.1
Law Implemented: NDCC 53-06.1-01.1, 53-06.1-03, 53-06.1-14, 53-06.1-16
