North Dakota Century Code Title 53. Sports and Amusements § 53-04.1-01. Definitions

1. “Amusement concession” means any place where a single amusement game or device, or bingo, is conducted by a person for profit, and includes the area within which are confined the equipment, playing area, and other personal property necessary for the conduct of the game.

2. “Amusement games or devices” means such games and devices as electric ray guns, music boxes, picture boxes, bumper-ball, or pinball, and other similar miniature games or devices, whether or not they show a score, if a charge for playing or operating is collected, but do not include any machine which may constitute a lottery under the laws of this state. “Amusement games or devices” also means a game, contest, scheme, or device in which a person stakes or risks something of value for an opportunity to win something of value and in which the outcome depends in a material degree upon an element of chance, notwithstanding a person's skill may also be a factor.

3. “Bingo” means that game in which each participant receives one or more cards, each of which is marked off into twenty-five squares and five horizontal rows of five squares each and five vertical rows of five squares each. Each square is designated by number, letter, or combination of numbers and letters, no two cards being identical. The players cover squares as the operator of such game announces the number, letter, or combination of numbers and letters appearing on an object selected by chance, either manually or mechanically, from a receptacle in which have been placed objects bearing numbers, letters, or combination of numbers and letters corresponding to the system used for designating the squares. The winner of each game is the player or players first properly covering a predetermined and announced pattern of squares on a card being used by the player or players.

4. “Carnival” means an aggregation of attractions including any show, circus, act, game, vending device, or amusement device, whether conducted under one management or more, or independently, temporarily set up or conducted in a public place or upon any private premises accessible to the public with or without admission fee, which, from the nature of the aggregation, attracts attendance and causes promiscuous commingling of persons in the spirit of merrymaking and revelry.

5. “Conducts” means a specified activity which occurs when a person owns, promotes, sponsors, or operates a game or activity. A natural person does not conduct a game or activity if the person is a participant in a game or activity which complies with this chapter.

6. “Fair” means an annual fair or exposition held by the North Dakota state fair board or any county fair board.

7. “Fair board” means the officers of any state or county fair association, or the agents of any such board, duly authorized to make any contract or issue any permit as provided in this chapter.

8. “Gross proceeds” means the total revenue received as rent for the privilege of conducting amusement games or devices or bingo.

9. “Licensee” means an eligible organization licensed under the provisions of this chapter.

10. “Licensing authority” means the attorney general of the state of North Dakota.

11. “Net proceeds” means gross proceeds less cash prizes or the price of merchandise prizes.

12. “Person” means any natural person, firm, partnership, corporation, or limited liability company.

13. “Posted” means that the person conducting a game has caused to be placed near the front or playing area of the game a sign at least thirty inches by thirty inches [76.2 centimeters by 76.2 centimeters], with permanent material and lettering stating, at the top in letters at least three inches [7.62 centimeters] high, “Rules of the Game”. Thereunder, in large, easily readable print, the name of the game, the price to play the game, the complete rules for the game, and the name and permanent mailing address of the owner of the game must be stated.

14. “Raffle” means a lottery in which each participant buys a ticket for a chance at a prize with the winner determined by a random method. “Raffle” does not include a slot machine.

15. “Rent” means the amount paid by a person or organization for the use of space to conduct amusement games or devices or bingo.