'Shake-a-day' still raising questions
By Rick Ask, Administrator
Gambling Control Division
The Gambling Control Division's regional offices tell me they are getting several questions on shake-a-day games again. While I am certain one of my predecessors, or even I, have previously written articles on shake-a-days, the fact that questions are being asked is an indication we need to revisit the topic.
What is a shake-a-day game?
As I like to say, the game, authorized in the 1991 legislative session, involves a cup, dice, and a jar – the cup to hold the dice to shake and roll, the jar to hold the money paid to play.
Players may once each day pay an amount predetermined by the establishment, but not more than 50 cents, and shake a number of dice, predetermined by the establishment, in an attempt to roll certain combinations simulating poker hands, predetermined by the establishment.
If one of the combinations is rolled, the customer may win merchandise or a portion or all of the money paid to play the game since the last winning combination was rolled.
Shake-a-days are what business gurus call a trade stimulant, which means it is intended to help draw customers in, not as a business profit center. In fact, by law all of the money paid to play the game must be paid out as prizes.
What are the questions asked of the Division?
The first is one we hear quite often: “Can I limit the prize pot or does the full pot have to be paid every time there is a winner?”
The answer to this question is specifically provided for in law, section 23-5-160(b), MCA, “The establishment may, before a game begins, limit the amount that will be won and use the remaining money played on that game to start the pot for the next game.”
The key here, as in all gambling activities, is that the limits are set before the games begin.
The second most frequently asked question is, “Can an establishment offer more than one shake-a-day game at a time?”
The answer to this question, also provided for in section 23-5-160(b), is yes. An establishment can offer to the public more than one shake-a-day game at any given time.
Finally, “Can an establishment limit the game or the one game with the most money in the game jar to regular customers?”
The answer to that question is no.
Shake-a-days are gambling activities provided for under the authority of the state's gambling laws, (Title 23, chapter 5, parts 1 through 8), and as such they are subject to the public policy guidelines concerning gambling adopted by the state legislature. The legislature required that the Division and gambling industry create and maintain a uniform regulatory climate that assures players, owners, tourists, citizens, and others that the gambling industry is fair.”
As experienced gambling operators know, your regulars are going to win the pots more often than not – they are playing more frequently and, as such, have more opportunities to win. However, you cannot offer the game to “regular customers” to the exclusion of other patrons.
If you have any questions, just give your local Gambling Investigations Bureau investigators a call or contact us through the Division website.