Common shake-a-day questions answered
By Rick Ask
GCD Administrator
Shake-a-day games. In the last month I have had a few questions from operators in regard to shake-a-day games, and I know when I get questions from a few operators there are probably several more with the same or similar questions. So, following is an explanation of shake-a-days and some answers to some common questions.
A shake-a-day game is a gambling activity that allows a customer once a day “to pay an amount of money 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 could win merchandise or a portion or all of the money paid to play the game since the last winning combination was rolled.
The establishment may, before a game begins, start the pot for the next game, this enhancing the incentive to play the next game in the early stages of the next game. All money paid to play games must be paid out as winnings. An establishment may offer to the public more than one shake-a-day at any given time.” 23-5-160(b) MCA.
Question: How many shake-a-day games can I operate at any one time?
Answer: As many as you want.
Question: How often can a customer play shake-a-day?
Answer: Once each day per shake-a-day pot. For example, if a location operator offers two shake-a-day games each customer can play each game, once per day.
Question: Can an operator pay for merchandise prizes offered under the rules of the establishment for lesser winning hands out of the pot, for example, if a six pack is awarded as a prize for a lesser hand, can the operator pay for the six pack from the pot?
Answer: No. The Division has always maintained that the law requires all money paid to play the games must be paid out as winnings, not to pay for merchandise.
Question: Is there a limit on the amount in the pot that can be paid out as a prize?
Answer: No.
Question: Can I limit or direct a player to one shake-a-day game or another? For example, can I limit play on the larger of two games to locals?
Answer: No. You have to allow the customer to choose the shake-a-day game he or she wants to play.
I hope this article answers your questions regarding shake-a-day games. If not, please contact me at our Helena office.