N.D. Cent. Code § 53-04.1-01 Definitions
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.