NDAC 99-01.3-01-02
Site authorization
Cite as N.D. Admin. Code ยง 99-01.3-01-02
1.
An eligible organization shall obtain an approved site authorization for a site within a city or
county from the governing body of the appropriate jurisdiction. The attorney general shall have
final approval of a site authorization. A separate site authorization is required for each site. A
site authorization may be issued for a location on public or private property and may be
restricted or conditional, including types of games, days of the week, and designation where
games will be conducted. An organization shall comply with a restriction of a site authorization
unless an amended site authorization is approved. A site authorization must describe the
gaming area designated by an organization that restricts where games may be conducted and
played. A restroom may not be part of the gaming area. A governing body may revoke or
suspend a site authorization based on good cause.
2.
A governing body may issue a site authorization to two or more organizations to conduct
games at the same site if the site authorizations restrict the organizations to different days of
the week. However, more than one organization may be issued a site authorization for a
fairground or similar open space of land. Electronic pull tabs may not be conducted in
temporary sites such as fairgrounds, special event sites, or any site that is not open for forty
calendar days of one quarter.
3.
For an initial application for a site authorization for an organization that desires to be
recognized as an eligible organization, a governing body of a city or county may determine
whether the organization qualifies by examining documents outlined in subsection 1 of section
99-01.3-01-03.
4.
An organization may temporarily use more twenty-one tables at a site than a site authorization
allows for up to fourteen days per special event provided the event is recognized by a local
governing body, no more than two events are held per quarter, written approval is granted by a
local governing body, and the monthly rent amount does not increase. A special event is an
infrequent, significant, and identifiable activity in the community. The site authorization does
not need to be amended, regardless of where the tables are placed.