Section 99-01.3-09-03 - Limitations and fees1. An organization may only conduct poker on two occasions per fiscal year. An occasion may include more than one authorized site. A nontournament occasion and a side game are restricted to a twenty-four-hour period of play. Tournament activity, including any satellite activity, is an occasion of not more than three consecutive calendar days of play. Both tournament and nontournament play may occur as part of the same occasion provided that the nontournament play and a side game does not exceed a twenty-four-hour period of play.2. Only a licensed distributor can provide consulting services to an organization for a poker occasion provided the licensed distributor does not manage, control, or conduct the game. 3. For nontournament play and a side game, if an organization does not provide a dealer, players shall use cash. If an organization provides a dealer, players shall use chips. An organization shall charge a player a fee not to exceed two dollars per one-half hour of playing time and collect the fee in advance. An employee shall record the fee when it is collected. The fee schedule must be posted or made available to players.4. For a tournament, an organization may provide a dealer who cannot play in the game or allow the players to alternate as dealers and:a. Types of poker authorized is limited to Texas hold'em and Omaha.c. Advance players with the most number of chips from each round to the next round or championship round. A player with the most number of chips, based on a championship round, wins. Any remaining players in the tournament may agree to split the prize rather than finish the tournament.d. An organization may award a buyin to a larger tournament to multiple winning players of each satellite tournament. It is accounted for as a prize and valued at the cost of the buyin. If a satellite buyin prize is transferable to another player, an organization shall issue a receipt for the buyin prize. When a buyin prize is redeemed, it is accounted for as gross proceeds. If a buyin prize is not redeemed, it is valued at zero and is not accounted for as a prize for the satellite tournament nor as gross proceeds for the larger tournament.e. Bounty buyin fees and payouts, if applicable, must be included as part of the gross proceeds and prizes of a tournament.f. Only a cash prize or buyin to a larger tournament may be awarded and the total prizes awarded may not exceed ninety percent of all fees collected.g. After the start of the tournament, an organization may not refund a buyin or other fee collected.h. A director of a tournament and the organization employee managing, conducting, or controlling the poker activity may not participate in the tournament.5. An organization that conducts poker through a poker run involving more than one site shall comply with guidelines prescribed by the attorney general.N.D. Admin Code 99-01.3-09-03
Effective May 1, 1998; amended effective July 1, 2002; October 1, 2006, 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.General Authority: NDCC 53-06.1-01.1
Law Implemented: NDCC 53-06.1-01.1, 53-06.1-07.2