Gambling Laws and Administrative Rules

The Montana Legislature has authorized limited legal gambling in Montana. Video poker, keno and bingo machines are legal with a maximum $2 bet and $800 payout. Legal live games include: raffles, bingo, keno, panguingue, poker and shake-a-day. Sports pools, fantasy sports leagues and sports tab games are also legal. These are non-banking games in which players bet against and settle with each other rather than betting against and settling with the house.

The legal age for gambling in Montana is 18, with the exception of raffles conducted by churches, schools, charitable and nonprofit organizations. Children under 18 years old may participate in these.

Credit Gambling

Credit gambling is illegal in Montana. Under 23-5-157 MCA, gambling operators and their employees cannot extend credit to their customers to gamble.

Credit Cards

It is legal for gambling operators to:

• have an ATM that provides customers with cash
• give customers cash advances on credit cards if this is allowed by their merchant agreement and the rules of the credit card company

Gambling operators cannot:

• advance cash for gambling and record the credit card transaction as the sale of goods, food, beverages or services
• overstate the value of food or beverages in order to return cash to the customer for the purpose of gambling
• accept credit cards for the sale of gift cards or certificates that may be redeemed for cash to gamble
• advance cash for gambling if it violates the credit card merchant agreement or regulations
• attempt to collect from a cardholder cash advances that were charged to a credit card in violation of the merchant agreement or credit card regulations

Checks

It is legal for gambling operators to cash a check to provide cash for gambling.

Gambling operators cannot:

• hold a check with the understanding that the customer will buy it back if he or she wins
• allow a customer to alter a check to increase the amount
• accept a check if you know the check is likely to be bad
• accept a check if your check cashing service indicates the check is risky

Card Games

It is legal for gambling operators to:

• give a house player chips with an arrangement to split winnings
• sell chips for cash or checks

Gambling operators cannot:

• provide chips on the basis of chits or loans
• allow players to loan or advance chips to other players
• allow checks to be repurchased
• require that the house player repay chips that were advanced

Gambling Regulations

The Gambling Control Division has adopted administrative rules to carry out the Montana statutes governing the legal gambling activities it oversees. The rules are enacted under the Administrative Rules of Montana Title 23, Chapter 16, available online through the Secretary of State's Office.

For proposed rules and recent notices of adoption, see the department's Administrative Rules page.