NDAC 99-01.3-12-03
Requirements of an alcoholic beverage establishment
Cite as N.D. Admin. Code ยง 99-01.3-12-03
1.
An alcoholic beverage establishment shall:
a.
Place a device in a location where alcoholic beverages are dispensed and consumed
and where an alcoholic beverage establishment employee regularly shall observe the
device;
b.
Prohibit a person from tampering or interfering with the operation or play of a device;
c.
Have the electrical current to a device turned off unless alcoholic beverages may be
dispensed, an alcoholic beverage establishment employee or an employee is available to
redeem a winning pull tab, and an alcoholic beverage establishment has cash on hand to
redeem a winning pull tab;
d.
Absorb a loss related to a counterfeit or lost pull tab, redeemed pull tab that was not
bought at the site, and loss or theft of the temporary loan of funds;
e.
Repay an organization's temporary loan of funds immediately upon request from the
organization that discontinues conducting pull tabs through a device at a site;
f.
If a malfunction of a device is known by the alcoholic beverage establishment or its
employee, turn the device off and promptly notify the organization. Otherwise, the
alcoholic beverage establishment or its employee is responsible for any cash shortage;
and
g.
Use an organization's loan of money only to redeem a winning pull tab. If the alcoholic
beverage establishment violates this rule, the attorney general may suspend any or all
games at the site for up to six months.
2.
An alcoholic beverage establishment employee may not access, attempt to access, or permit
a person, other than an employee of an organization, to access the interior of a device for any
reason.
3.
If an alcoholic beverage establishment employee believes that a deal is defective or there is a
problem with a redeemed pull tab, the alcoholic beverage establishment employee shall
contact an organization and may turn a device off.
4.
An alcoholic beverage establishment may accept or not accept a gaming-related check from a
player. A player's check must be payable to an alcoholic beverage establishment. An alcoholic
beverage establishment is responsible for a player's check returned by a financial institution
as uncollectible. An alcoholic beverage establishment may allow a player to buy back the
player's check with cash and may return a player's check to the player as part of a prize
payout.
5.
Only an alcoholic beverage establishment employee who is authorized by an alcoholic
beverage establishment may redeem a winning pull tab.
6.
An alcoholic beverage establishment employee may not summarize or audit a game of pull
tabs for an organization.