Don't fall for gambling pushed by 'some guy'
By Rick Ask, Administrator
Gambling Control Division
You might recall that I penned an article here last fall that discussed the upcoming football season and usual prospect of violation notices that might be issued to operators who conduct illegal sports wagering.
I said then that it seemed when these illegal gambling activities were discovered, the Division's investigators are often told that “some guy” had suggested the activity. As an example, I wrote that “some guy” would suggest a pick-the-winners game to be run as a wagered gambling activity, rather than an authorized promotional game.
Because the wagered pick-the-winners game is an illegal gambling activity, the game board and the players' wagers is seized, and the operator (who by the way wasn't going to profit a dime on the game anyway) ends up paying a penalty for operating an illegal gambling enterprise.
We've found that in some cases, this “guy” who either explicitly or implicitly suggested the activity is a beer distributor or other vendor who provides the bar with sporting forms – brackets, for example – that also advertise their products.
We've also heard that this “guy” can also be a bar manager or bartender who'd thought he or she had seen such scheme offered at another bar, in another town, or at another time.
Or this “guy” might be a regular customer who suggests the gambling scheme and who typically offers some assurance that the activity is legal because it was seen offered elsewhere, and besides, the customers will love it.
Gambling is a highly regulated activity. Unlike other commercial enterprises, you can't assume an activity involving gambling is legal unless it's been declared legal.
All gambling activity is illegal in Montana unless the Legislature clearly and expressly declares it to be authorized. Every diligent operator should presume that any new gambling scheme that is proposed is illegal, unless it has been clearly authorized.
There have been some operators who didn't heed this advice, but instead listened to “this guy” and it has been a hard lesson learned. I hope those operators who read this article will discuss these issues with their managers and employees so they, too, can be on watch for “this guy.”
As I noted in my prior article, a location operator eyeing any new gambling activity should research the gambling statutes and rules, or give a call to the local GIB office, or the Division office in Helena.