# Title 99 — State Gaming Commission

## Article 99-01.3 — Games of Chance

## Chapter 99-01.3-06.1 — Electronic Pull-Tab Devices

### § 99-01.3-06.1-01. Electronic pull-tab devices.

"Electronic pull-tab device" means a device, approved by the attorney general, which electronically
displays pull tabs. The device is part of an electronic pull-tab device operating system used in the
conduct of electronic pull tabs. After the insertion of cash or the manufacturer's credit ticket voucher into
the electronic pull-tab device's currency validator, the player has access to a credit account allowing for
the purchase and play of an electronic pull tab. Following the play of an electronic pull tab on an
electronic pull-tab device, the result must be clearly shown on the video display along with any prizes
that may have been awarded. If a winning combination of numbers, letters, or symbols is displayed
after opening the electronic pull tab, a the player's winning prize amount must be dispensed in the form
of a credit ticket voucher or added to the credit meter. Credits that are displayed on the credit meter can
be used to purchase more electronic pull tabs or cashed out to a voucher which may be redeemed for
cash or inserted for credits in the manufacturer's electronic pull-tab device.
History: Effective July 1, 2018; amended effective January 1, 2023.
General Authority: NDCC 53-06.1-01.1
Law Implemented: NDCC 53-06.1-01.1
### § 99-01.3-06.1-02. Use and requirements of an organization.

1. An organization may not install more than ten electronic pull-tab devices in a site. A site must
be a permanent location and may not be a temporary location, such as a fairground or special
event. A device must be clearly labeled so as to inform the public that no one under
twenty-one years of age is allowed to play.
a. An electronic pull-tab device must be a stand-alone cabinet style device. No device may
be a hand-held portable device or affixed to a bar, counter, or table top.
b. An electronic pull-tab device must be used only to play electronic pull tabs. No other
game type may be played on the device and no level of player skill may be involved in
the determination of any pull-tab prize. A device may not be part of a progressive system
or employ any other features, such as bonus plays or promotions. An extended play
feature may be used in which a player may play without additional consideration. An
extended play feature must not interfere with or in any way affect the outcome of any
finite game being played. If an extended play feature is used a notification must be
provided to the player explaining that an extended play feature is used on the game and
that "Extended play features prolong the play of an electronic pull-tab ticket but do not
award a prize in addition to the predetermined prize for that ticket."
c. Insertion of United States paper currency or the manufacturer's credit ticket voucher must
be accepted through the electronic pull-tab device's currency validator to initiate play.
d. An electronic pull-tab device may not directly dispense coins, cash, tokens, or anything
else of value other than a credit ticket voucher.

2. An organization may not have more than twelve electronic pull-tab game titles selectable for
play on an electronic pull-tab device operating system at a site. Only one of the games can be
selected for play on an electronic pull-tab device at any given time. A winning line or pattern
on an electronic pull tab may be made up of a combination of numbers, letters, or symbols. A
winning electronic pull tab may have more than one winning line or pattern. Each winning line
or pattern on a winning pull tab constitutes an individual win. Game themes must not contain
offensive or obscene graphics, animations, or references.
3. An organization only may conduct electronic pull-tab device activity during the hours when
alcoholic beverages may be dispensed according to applicable regulations of the state,
county, or city. A device must be programed to not allow play during hours when alcoholic
beverages may not be dispensed.
4. The following rules must be posted on or near an electronic pull-tab device and must be
visible to the player:
a. A player may play only one electronic pull-tab device at a time;
b. An electronic pull-tab device may not be reserved. However, a device may be held for an
active player for no more than fifteen minutes;
c. A credit ticket voucher is only valid and must be redeemed on the same business day as
it was printed;
d. If a credit ticket voucher leaves the site it is void. The device system must void any
outstanding vouchers at the end of the business day; and
e. If a person knowingly solicits, provides, or receives any inside information, by any
person, by any means, or knowingly uses a fraudulent scheme or technique to cheat or
skim involving electronic pull tabs, regardless of the amount gained, the offense is a
class C felony punishable by a five thousand dollar fine or five years in jail, or both.
5. An organization shall maintain custody of all keys to an electronic pull-tab device. A bar
employee may not have access to a device. The keys for each lock on a device must be
keyed differently, including the lock for a device's outer door and the inner compartments that
must separately house the computer logic area and currency validator stacker area. Access to
the site server must be restricted to only authorized individuals of the organization. An
organization may not provide an independent service technician keys to access an electronic
pull-tab device or site server, regardless if the electronic pull-tab device operating system is
leased.
6. An organization or employee may not modify the assembly or operational functions of an
electronic pull tab device.
7. An organization may not post nor may an electronic pull-tab device be capable of displaying
any game information relating to electronic pull-tab device activity, including the number of
unsold pull tabs or the number and value of prizes remaining in a game.
8. An organization shall use the attorney general's current recordkeeping system for electronic
pull-tab activity unless approval is obtained from the attorney general for use of another
system.
9. For each manufacturer's electronic pull-tab device operating system used to conduct
electronic pull tabs at a site, an organization shall:
a. Withdraw currency and credit ticket vouchers redeemed for credit from each electronic
pull-tab device within a seven-calendar-day interim period at a site. An electronic pull-tab

device operating system must be made nonoperational and electronic pull-tab activity at
a site must be suspended during the period of time when currency is being withdrawn
from a device and credit ticket vouchers are bought back.
b. Generate and print an interim period electronic pull-tab device activity report for a site
according to subdivision a of subsection 22 of section 99-01.3-16-09.6. The information
from this report must be recorded on an interim period site summary. The system-
generated interim period electronic pull-tab device activity report must be attached and
retained with the completed interim period site summary.
c. From the interim period site summary, post to a summary report - all games, total game
activity information, including gross proceeds, prizes, adjusted gross proceeds, cash
profit(loss), and cash long(short) for all games conducted at a site. The summary report -
all games must include cumulative totals for gross proceeds, prizes, adjusted gross
proceeds, cash profit(loss), and cash long(short).
d. Report the total electronic pull-tab activity for all manufacturers each quarter, for all
games conducted at a site, on the gaming tax return. Except for cash profit, all game
information is taken from the system-generated electronic pull-tab closed game summary
report, according to subdivision d of subsection 22 of section 99-01.3-16-09.6. Total cash
profit for all games is taken from the summary report - all games.
10. An organization shall have a rental agreement conforming to section 99-01.3-02-06.
11. An organization shall maintain an access log prescribed by the attorney general for each
electronic pull tab device. A person who accesses a device shall record the reason for access
and date and initial the log. An organization shall retain the log in the device during the quarter
of activity.
12. Credit ticket vouchers redeemed for cash, may be paid by an organization employee when on
duty, by a bar employee, or by both.
13. For the redemption of credit ticket vouchers by organization employees at a site, an
organization shall maintain one cash bank for each manufacturer's electronic pull-tab device
operating system.
14. An organization may provide a bar with a temporary loan to enable a bar employee to redeem
a credit ticket voucher. A loan and any increase in the loan must be made by check payable to
the bar and be interest free. An organization may not access, count, or take custody of the
loaned money. The duration of the loan must be until the organization discontinues conducting
electronic pull tabs at the site. When the bar repays the loan, the organization shall deposit
the funds in its gaming account and the deposit slip must reference the site, source of funds,
and amount. The amount reimbursed to a bar must equal the dollar value of redeemed credit
ticket vouchers which the bar provides to an organization. An organization employee may not
use a bar's loan for redeeming a credit ticket voucher.
15. If a theft of currency occurs from an electronic pull-tab device, an organization immediately
shall discontinue electronic pull-tab activity at the site associated with that manufacturer's
devices, contact their distributor, and generate an interim period electronic pull-tab device
activity report according to subdivision a of subsection 22 of section 99-01.3-16-09.6. The
organization shall provide a copy of all of this information to a local law enforcement agency
and the attorney general.
16. A game must be conducted and played through an electronic pull-tab device as follows:

a. Each electronic pull-tab deal must contain a fixed number of tickets. The maximum
number of pull tab tickets per electronic deal may not exceed fifteen thousand and the
minimum may not be less than two thousand.
(1) All electronic pull tabs in a particular deal must be of the same purchase price and
may not exceed the maximum two dollars sale price per pull tab as set forth by
North Dakota Century Code section 53-06.1-08;
(2) The maximum prize amount awarded for a winning combination of numbers, letters,
or symbols on each electronic pull tab may not exceed five hundred dollars as set
forth by North Dakota Century Code section 53-06.1-08;
(3) A deal must have at least two top tier winning pull tabs;
(4) Each deal may not pay out more than ninety percent of gross proceeds;
(5) Each deal must be assigned a unique serial number; and
(6) Each deal must be assigned a unique state gaming stamp number by the distributor
prior to delivery to the organization site server.
b. For the start of each electronic pull-tab game, at least two, and no more than two
electronic pull-tab deals must be commingled on the site server for each game. The
game deals must be identical, which includes game identification, deal version,
manufacturer, game name, total number of electronic pull tabs, purchase price per
electronic pull-tab ticket, and prize structure.
c. For each electronic pull-tab game, when the unsold tickets of the original starting
identical two deals reach two thousand pull-tab tickets remaining, at least one full deal
but no more than one additional identical deal of the same game must be automatically
downloaded onto the site server and commingled with the remaining two thousand
tickets of that game. Each time the two thousand ticket threshold is reached, an
additional deal must automatically be downloaded and commingled with the remaining
electronic pull-tab tickets in the game continuously throughout the entire quarter.
d. No electronic pull-tab game may be closed during a quarter unless approved by the
attorney general and all games of the same manufacturer at a site must be closed at the
same time within fourteen calendar days from the end of the quarter. An organization
may start new games for the next quarter within fourteen days before the next quarter
begins; however, it may not start new games and end the games within this
fourteen-calendar-day period. Once closed, a game and its deals cannot be reopened.
e. For each interim visit or when the electronic pull-tab games are closed an employee shall
buy back all credit ticket vouchers from the organization employee cash bank and from a
bar. The game must be reported on a gaming tax return for the site at which it was
closed.
f. At the end of each month, an independent audit person of the organization shall
reconcile the summary report - all games to the monthly interim audit report according to
subdivision c of subsection 22 of section 99-01.3-16-09.6. At the end of the quarter, after
all games have been closed, the independent audit person shall reconcile the summary
report - all games to the electronic pull-tab closed game summary report according to
subdivision d of subsection 22 of section 99-01.3-16-09.6. The electronic pull-tab closed
game summary report may not be generated or printed prior to all electronic pull-tab
games being closed. Doing so will cause immediate and automatic termination of all
games. All reconciliations must be dated and signed by the independent audit person.

17. If a site closes or if an organization discontinues gaming at a site, it must generate an interim
period electronic pull-tab device activity report according to subdivision a of subsection 22 of
section 99-01.3-16-09.6, close all electronic pull-tab games, and generate an electronic
pull-tab closed game summary report according to subdivision d of subsection 22 of section
99-01.3-16-09.6.
18. The organization immediately shall shut down an electronic pull-tab device operating system
and notify the attorney general if it detects or discovers any defect, malfunction, or problem
with an electronic pull-tab operating system, electronic pull-tab device, or electronic pull-tab
game that affects the security or the integrity of the game. The organization shall also
immediately notify their distributor of the defect, malfunction, or problem.
History: Effective July 1, 2018; amended effective January 1, 2023.
General Authority: NDCC 53-06.1-01.1
Law Implemented: NDCC 53-06.1-01.1
### § 99-01.3-06.1-03. Requirements of a bar.

1. A bar shall:
a. Place an electronic pull-tab device in a location where alcoholic beverages are dispensed
and consumed and where a bar employee will regularly observe the device. A device
may not be placed outside or in a patio area;
b. Prohibit a person from tampering or interfering with the operation or play of an electronic
pull-tab device;
c. Ensure that an electronic pull-tab device is disabled from play unless alcoholic beverages
may be dispensed, a bar employee is available to redeem a credit ticket voucher, and a
bar has cash on hand to redeem a credit ticket voucher;
d. Absorb a loss related to a counterfeit or lost credit ticket voucher, redeemed credit ticket
voucher that was not issued at the site on that day, and loss or theft of the temporary
loan of funds;
e. Repay an organization's temporary loan of funds immediately upon request from the
organization that discontinues conducting electronic pull tabs at a site;
f. If a malfunction of an electronic pull-tab device is known by the bar or its employee,
disable play of the device and promptly notify the organization. Otherwise, the bar or its
employee is responsible for any cash shortage; and
g. Use an organization's loan of money only to redeem a credit ticket voucher. If the bar
violates this rule, the attorney general may suspend any or all games at the site for up to
six months.
2. A bar employee may not access, attempt to access, or permit a person, other than an
employee of an organization, to access the interior of an electronic pull-tab device for any
reason.
3. If a bar employee believes there is a problem with an electronic pull-tab device or with a
redeemed credit ticket voucher, the bar employee shall contact the charitable gaming
organization and may disable the device.
4. A bar may accept or not accept a gaming-related check from a player. A player's check must
be payable to a bar. A bar is responsible for a player's check returned by a financial institution

as uncollectible. A bar may allow a player to buy back the player's check with cash and may
return a player's check to the player as part of the redemption of a credit ticket voucher.
5. Only a bar employee who is authorized by a bar may redeem a credit ticket voucher.
6. A bar employee may not summarize or audit an electronic pull-tab game for an organization.
History: Effective July 1, 2018; amended effective January 1, 2023.
General Authority: NDCC 53-06.1-01.1
Law Implemented: NDCC 53-06.1-01.1
### § 99-01.3-06.1-04. Requirements of a bar and an organization.

1. A bar employee or an organization employee shall ensure that a credit ticket voucher
presented for redemption is valid. This includes ensuring the voucher was issued by an
electronic pull-tab device at the site and on the date it is presented for redemption. A valid
credit ticket voucher must be paid with cash and must have the date and initials of the person
who redeemed the credit ticket voucher printed on it.
2. A bar employee or an organization employee may not:
a. Knowingly redeem a credit ticket voucher that has been defaced, tampered with, or
counterfeited. If a player attempts to redeem a voucher that has been defaced, tampered
with, or counterfeited, a bar employee or an organization employee, if possible, shall
retain and void the credit ticket voucher;
b. Knowingly redeem a credit ticket voucher that was issued at another site or a voucher
that was issued prior to the business day presented for redemption. If a player attempts
to redeem a voucher that was issued prior to the business day presented for redemption,
a bar employee or an organization employee, if possible, shall retain and void the credit
ticket voucher; and
c. Pay, from gaming funds or any other source, moneys to a player unless the player
redeems an actual valid credit ticket voucher issued by an electronic pull-tab device at
the site and on the business day it is presented for redemption.
3. If an electronic pull-tab device malfunctions, is inoperable, and a player has credit on the
device, a bar employee or an organization employee shall pay the player for the player's
unplayed credits and record the refund on a credit redemption register. A bar shall provide this
form to an organization to claim a reimbursement. If a player's currency jams in a currency
validator and a device does not show a credit, a bar employee may not reimburse a player,
and shall record the jam on a credit redemption register and notify an organization. If an
organization determines that a device is cash long, the organization shall reimburse a player
by cash or check.
4. A bar employee and an organization employee shall document and attest to the number of
and total dollar value of redeemed credit ticket vouchers that are exchanged for cash or
check. These credit ticket vouchers must be grouped, banded, dated, and retained separate
from other credit ticket vouchers redeemed for credit through an electronic pull-tab device and
that an organization employee redeemed, by interim period.
5. An organization shall provide a bar employee and a bar shall maintain a current copy of
subsection 8 of section 99-01.3-02-03 and sections 99-01.3-02-05, 99-01.3-02-09,
99-01.3-06.1-03, and 99-01.3-06.1-04 regarding the bar employee's and bar's duties and
restrictions.
History: Effective July 1, 2018; amended effective January 1, 2023.

General Authority: NDCC 53-06.1-01.1
Law Implemented: NDCC 53-06.1-01.1
### § 99-01.3-06.1-05. Recordkeeping.

Records must include and be retained for three years from the end of the quarter in which the
activity was reported, unless otherwise provided by rule:
1. An interim period electronic pull-tab device activity report according to subdivision a of
subsection 22 of section 99-01.3-16-09.6. The report must be generated and printed for a site
each interim period.
2. Interim period site summary form. The information from the interim period electronic pull-tab
device activity report must be recorded on this form each interim period and must include
totals for all electronic pull-tab games conducted at the site, including gross proceeds, prizes,
and adjusted gross proceeds. It also must include total cash and credit ticket vouchers
redeemed for credit in each electronic pull-tab device and in total, total credit ticket vouchers
redeemed, including bar redeemed, organization employee redeemed if applicable, total
credits paid if applicable, employee cash long(short) if applicable, cash profit(loss), cash
long(short), and bank deposit.
a. The system-generated interim period electronic pull-tab device activity report must be
attached and retained with the interim period site summary.
b. All redeemed credit ticket vouchers credited through an electronic pull-tab device, and
exchanged for cash, bar and organization redeemed, must be retained with the interim
period site summary.
3. Summary report - all games. The total game activity information from each interim period site
summary, including gross proceeds, prizes, adjusted gross proceeds, cash profit(loss), and
cash long(short) for all games conducted at a site must be posted to a summary report - all
games. The summary report - all games must include cumulative totals for gross proceeds,
prizes, adjusted gross proceeds, cash profit(loss), and cash long(short).
4. If an organization employee redeems credit ticket vouchers at a site, a daily employee report
documenting the starting and ending cash on hand, IOU records according to section
99-01.3-03-06, and the number of and total dollar amount of credit ticket vouchers redeemed,
credits paid, and cash long or short.
5. If an organization has established a runner cash reserve bank for the buyback of credit ticket
vouchers, for each interim period visit, an accounting of the starting and ending cash on hand
according to subsection 2 of section 99-01.3-03-06 must be completed.
6. Credit redemption register, including the date, device identification or serial number, amount, if
credits were still on the electronic pull-tab device, player's name and signature, signature or
initials of person who paid the player, bar reimbursement information if applicable, and date
paid.
7. Cash profit as defined in subdivision e of subsection 9 of section 99-01.3-02-01.
8. An electronic pull-tab closed game summary report according to subdivision d of
subsection 22 of section 99-01.3-16-09.6. This report must be generated for each
manufacturer and printed after all electronic pull-tab games are closed at a site. Printing the
report prior to all electronic pull-tab games being closed will cause immediate and automatic
termination of the games. The electronic pull-tab game summary reports for all electronic pull-
tab games conducted during a quarter must reconcile to the amounts reported on the gaming
tax return.

9. Access log for each electronic pull tab device, which includes the date, time, reason for entry,
and initials of the employee who accessed the device.
10. Deals in play report according to subdivision b of subsection 22 of section 99-01.3-16-09.6, if
requested by the attorney general.
11. Monthly and quarterly audit and reconciliation records according to subdivision f of
subsection 16 of section 99-01.3-06.1-02.
12. Ideal cash bank master records according to subsection 4 of section 99-01.3-03-09.
13. Verification of the amount deposited according to a bank statement and an audit of each
electronic pull-tab game's activity according to subsections 6 and 7 of section 99-01.3-03-10.
14. The count and reconciliation of cash banks according to subsections 4 and 6 of section
99-01.3-03-09.
History: Effective July 1, 2018; amended effective January 1, 2023.
General Authority: NDCC 53-06.1-01.1
Law Implemented: NDCC 53-06.1-01.1
