Section 99-01.3-02-09 - Persons restricted from playing games1. 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; orb. 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.N.D. Admin Code 99-01.3-02-09
Effective May 1, 1998; amended effective July 1, 2000; July 1, 2002; July 1, 2004; July 1, 2010.Amended by Administrative Rules Supplement 2016-360, April 2016, effective 4/1/2016.Amended by Administrative Rules Supplement 369, July 2018, effective 7/1/2018.Amended by Administrative Rules Supplement 2022-387, January 2023, effective 1/1/2023.General Authority: NDCC 53-06.1-01.1
Law Implemented: NDCC 53-06.1-01.1