NDAC 99-01.3-02-05
Lessor and organization - Restrictions
Cite as N.D. Admin. Code ยง 99-01.3-02-05
1.
A lessor's employee who is not the lessor's spouse, lessor's common household member,
management, management's spouse, or lessor's employee or agent who approved the lease,
may conduct games at a site, including accessing a pull-tab dispensing device or electronic
pull-tab device, as an organization employee:
a.
On a day when the employee is not working for the alcoholic beverage establishment; or
b.
On a day when the employee is working for the alcoholic beverage establishment but is
working in an area where alcoholic beverages are not dispensed or consumed.
2.
A game may not be operated directly as part of a lessor's business. However, a lessor may
donate a gift certificate or cash or merchandise prize to an organization.
3.
A lessor, lessor's spouse, lessor's common household member, management, management's
spouse, officer, board of directors member, or lessor's employee or agent who approved the
lease, may not:
a.
Loan money or provide gaming equipment to an organization;
b.
Interfere with or attempt to influence an organization's selection of games, determination
of prizes, including a bingo jackpot prize, disbursement of net proceeds, or influence the
selection of a distributor to purchase gaming equipment from;
c.
Conduct games at any of the organization's sites and, except for officers and board of
directors members who did not approve the lease, may not play any game at the lessor's
site;
d.
Require an organization's employee to assist, for or without compensation, in a lessor's
business at the site. However, an organization's employee voluntarily may order drinks
for customers; or
e.
Count drop box cash.
4.
A lessor who is an officer or board member of an organization may not participate in the
organization's decisionmaking that is a conflict of interest with gaming, including topics such
as gaming sites and distribution of net proceeds.
5.
Only an organization or its employee that has received approval from the attorney general or
follows guidelines prescribed by the attorney general may buy a gift certificate or merchandise
as a gaming prize from a lessor, or buy merchandise, food, or alcoholic or nonalcoholic drinks
from the lessor for the lessor's employees or patrons. An organization's employee may
patronize a lessor in the normal course of a lessor's business.
6.
An organization, employee, or alcoholic beverage establishment may not give a free or
discounted game piece, chip, or play of a game except for discounts allowed for bingo and
raffle activity, or free or discounted alcoholic drink to a person to play a game. A lessor may at
its own expense advertise gaming on promotional drink tickets.
7.
Any advertising by the lessor, organization, or both, of lawful charitable gaming conducted by
a licensed organization must include the gaming organization's name. An abbreviation of the
organization's name may be used. The name of the site may be used but must be
inconsequential in comparison to the licensed gaming organization.
8.
If the lessor violates this rule, the attorney general may suspend any or all games at the site
for up to six months.