City of Pembina, ND
GAMING REGULATIONSFROM THE OFFICE OF: North Dakota Attorney General - Gaming Division 600 East Boulevard Avenue, Dept 125 Bismarck, ND 58505-0040 Telephone: (701) 328-3536 Fax: (701) 328-3535 Email: agogaming@nd.gov
Enclosed in this letter is important information from the Office of Attorney General regarding city and county expectations for gaming. You will also find a list of organizations that are ineligible for a permit or license in North Dakota until they have conducted training with our office. In the future, consent to reissue a permit or license to the organizations on this list will come from the Office of Attorney General. The full description is under North Dakota Century code is N.D.C.C § 53-06.1-03 (3a). The 2023 legislative session brought forth multiple changes to the local governing body’s responsibilities in regard to gaming regulation, and I want to bring them to your attention. Per the North Dakota Rules and Regulations, only a non-profit organization is approved to conduct any game-of-chance in North Dakota. If an organization has been issued a gaming license, then all gaming must be conducted under the license. 99-01.3-01-01. Ineligible organizations. An organization or a closely related organization may be ineligible for a license or permit if either organization has failed to resolve an imbalance involving its gaming or trust account according to section 99-01.3-03-05, has deals or games with state gaming stamps that are not accounted for, is delinquent in paying any tax, interest, penalty, or monetary fine due, has failed to comply with the terms and conditions of an administrative order, or was convicted of violating this article or North Dakota Century Code chapter 12.1-28 or 53-06.1. An auxiliary that is not a closely related organization is eligible for a permit. An organization that is licensed shall either have its principal executive office in North Dakota or be a foreign corporation authorized to conduct a raffle under chapter 20.1-04 or 20.1-08. A county, city, state, political subdivision, or federal entity is not eligible for a license or permit. A nonprofit social, hobby, trade, business, professional, similar club or association, or organization whose primary purpose mainly provides a direct benefit to its officers or members, is not a public-spirited organization eligible for a license.
Applications: It is now required that the application for a local permit or restricted event permit must be sent to the Gaming Division with all permits issued. To avoid delays in the mail and to be sure the gaming division receives the permit prior to the event dates, please send permits by email which is the preferred method of delivery to agogaming@nd.gov.
Application Forms: Our office is also announcing updated applications for permits and restricted event permits. Attached, please find the updated forms. These updated forms can be found on the Attorney General’s website at attorneygeneral.nd.gov. Organizations that are requesting a permit, must complete an Application for a Local Permit or Restricted Event Permit (SFN 9338). On the application, they must provide the specific dates of the event(s), site name, and site physical address. Please note that the authorized city or county person shall complete the Local Permit or Restricted Event Permit (SFN 17926). Local Permit SFN 17926 Form:
Dates Authorized: Please be advised that the “dates authorized” on the permit are only the first event date through the last event date. This does not need to include the dates the organization is selling raffle tickets. If the permit is for a single event, then the date of the event will match the date authorized and the “exact dates” row.
Last Minute Permits: There has been some misunderstanding about when permits are to be issued. The permit is to be issued prior to the first event date. It is highly recommended that permits are not to be issued the same day to make sure the permit is correct and there are no issues. However, it is up to the issuing body when they want to approve a permit. If the permit is issued close to or on the day of the first event date, it is then required that the permit be emailed to the Gaming Division that day at agogaming@nd.gov. The email to the Office of Attorney General must also include the written communication and approval from the gaming manager if the site already has a licensed organization authorized to conduct games.
Changing the permit after the initial permit has been issued: When an organization has a change to make on their permit, even if the tickets have been printed and/or sold, the organization will need to email the Gaming Division for the approval of the changes per the rule listed below. The organization needs to email Deb (dmcdanie@nd.gov) for an approval of the change. After approved, the organization must contact the issuing body of the original permit to amend the permit. The issuing body must then send the amended permit to the Gaming Division. Additionally, the organization must correct the tickets that have not been sold, attempt to contact the individuals that have bought tickets, and make a statement of the changes. The statement must be posted on the organization’s public media profile(s) (website, social media), with the individuals selling the tickets, and posted / announced during the day of the raffle drawing. Under 99-01.3-05-03(6) A prize winner shall be drawn or determined on the date and at the location indicated on a ticket unless a different date or location is requested in writing and approved by the attorney general before the date of the drawing. If a different drawing date or location is approved, an organization shall notify the purchasers of the tickets of the change by contacting each purchaser or by making a public announcement. The attorney general may, for good cause, change the date or location for a drawing. If you have any questions about this document or would like to schedule individual training, you may contact me at the Office of Attorney General at 1‑800‑326‑9240.
Raffle Boards: When an organization with a permit wants to conduct a raffle board, they may be able to sell the squares up to 30 days in advance but are required to obtain the board from a distributor with a gaming stamp affixed to the board. If the board is sold and drawn on the same date, then the board is not required to be obtained from a distributor. Distributors licensed in North Dakota are listed under the North Dakota Attorney General’s website at www.attorneygeneral.nd.gov – Licensing and Gaming / License Holders - Gaming Licensees (Gaming Distributors), this link will bring up a PDF of all licensed distributors in ND.
Sports Pools: The sports pools are now under the same consideration as a raffle when being conducted in a site that already has gaming established. Please note the following rules for a permittable organization conducting activity at your licensed organization:
Alternate Forms of Selection: Games that are not approved games of chance are considered alternate forms of selection and MUST be approved by the Gaming Division prior to a permit being issued. Alternate forms of selection game examples are chicken bingo or cow pie bingo. Organizations requesting to conduct an alternate form of selection as a type of gaming must follow these steps to possibly be approved.
Other Game Type Descriptions: Per the North Dakota Games of Chance Administrative Rules 99-01.3-05-01 (Raffle Board). A winning player is determined by drawing a number of a square on a raffle board from a receptacle or by an alternate fair method approved by the attorney general. For a raffle board, the numbered squares on the board must be sold for the same price at a site on the day of the drawing. A licensed organization or organization with a permit shall complete on the board the cost per square, prizes, and date of the raffle and, for a licensed organization, ensure a raffle board includes a state gaming stamp affixed by a distributor. Per the North Dakota Games of Chance Administrative Rules 99-01.3-07-01 (Sports Pools). A sports-pool must be a multiple line or multiple square board based on the professional sporting event, provide for an equal chance for each player to win, and be acquired from a distributor. An organization shall designate one opponent along the vertical columns of numbers and the other opponent along the horizontal rows of numbers. However, if the opponents are unknown when the board is being sold, and organization shall designate identifiable conferences, divisions, or events. ------------------------------------------------------------------------------------------------------------------ To avoid delays in the mail, please send the permits to the Gaming Division either by email at nibehm@nd.gov or fax at 701-328-3535. The site authorizations will still be sent to the licensing department. The approval of a permit from the auditor’s office is determined by where the event(s) is being held.
When issuing a permit, the permit is required to be sent to the Office of Attorney General within 14 days of issuance. Additionally, the permits are to be approved and issued before the first event date. Permits cannot be issued the day of or after the event has occurred. The dates authorized on the permit must only be the actual dates of the event(s) and cannot include the dates the organization is selling raffle tickets. The start date must be the first event date to the end date as the last event date. If an organization requests to conduct another event outside of the dates authorized on the original permit, they must then complete a new application and begin the approval process again. If a permit has been amended, please indicate so on the permit and email to the gaming division. Each event and its corresponding date(s) must be listed on the permit. Therefore, if an organization is conducting a raffle and bingo, the permit must list the date of the raffle and the dates of each bingo event. If the organization will conduct gaming on a specific day of each week or month, then details regarding when the activity will repeat must be included. For example, raffle drawing on 3/18/2023 and bingo conducted every Friday from 1/1/2023 – 3/31/2023. Restricted Event Permits are only issued for the game types of Poker, Twenty-One, and Paddlewheels. Restricted Event permits are limited to only 1 permit per fiscal year (July 1 – June 30). Once an organization applies for a Restricted Event Permit, they may not apply for any permits for the remainder of the fiscal year. A Restricted Event Permit must not be issued to an organization with a local permit for that fiscal year. When a restricted event permit is issued, a Report on a Restricted Event Permit (SFN 52880) must be filed with the office of Attorney General within 30 days of the event by the organization. It has come to our attention that some organizations are wanting to conduct a “Poker Run.” This game type is a version of Poker and must be treated as such, requiring issuance of a Restricted Event Permit. If the organization is insisting that they are drawing for the number on the card (not a determination of the cards in a hand), the office then recommends that they do not use playing cards. Instead use double roll tickets and call the event a “Fun Run.” This game type would then be considered a raffle and shift its status to a Local Permit. This would allow the organization to conduct this game type more than once a year.
Additional Application Information: When an organization completes the application for a site location that already has a licensed organization conducting games of chance, it is required that the permitted organization to contact the licensed organization for approval. Our office insists the permitted organization obtain written consent or email from the licensed organization prior to approval of the permit. Documentation of consent shall be sent with the permit to the Office of Attorney General – Gaming Division. Please note the following rules for a permitted organization conducting activity at a licensed organization site:
The group of people or nonprofit corporation that is seeking to conduct a game-of-chance are required to have a local permit to conduct the activity. It would be the city’s responsibility to determine if the group or nonprofit corporation is considered “public spirited” for issuance of the permit since only charitable gaming is allowed in North Dakota. This can be done by looking at who is conducting the activity or what charitable purpose the proceeds from the activity will be used for. A single person is not allowed to receive a permit or license, it must be an organization or group of people. Issuance of a local permit to a public-spirited organization is at the discretion of the local governing body. The definition of Public-Spirited Organization can be found in N.D.C.C. § 53-06.1-01. The rules for permits and the game types can be found in N.D.A.C § 99-01.3-01-05 & 99-01.3-05. These are available online at the office of Attorney General website at www.attorneygeneral.nd.gov – Licensing and Gaming / Gaming / Gaming Laws, Rules, and Publications / Review the Laws & Rules.
If you have any questions about this document, you may contact me at the Office of Attorney General at 1‑800‑326‑9240. Thank you,
Nicki Behm Gaming Division 600 East Boulevard Avenue, Dept. 125 Bismarck, ND 58505-0040 |