Here's the deal on live card games
By Angela Dunn
Administrative Officer, Gambling Control Division
While the division has seen a decrease in the live card-game
activity since last fiscal year, it is still very prominent in various
locations throughout the state. This article will provide an overview of
the Card Games Act (Title 23, Chapter 5, Part 3, MCA).
Only card games that are specifically authorized in statute are
allowed to be played or made available for public play. The following
card games are authorized: bridge, cribbage, hearts, panguingue,
pinochle, pitch, poker, rummy, solo and whist.
This article will focus on poker and panguingue because of the
regulation associated with them. These two games must be played in an
establishment with a gambling operator license on licensed card tables
and with licensed card dealers. An establishment with an appropriate
liquor license, licensed to offer gambling, may apply for a permit for a
licensed card table.
No additional investigation is required to get card table permits;
operators just fill out the application and pay the fee. The application
is available on our website (www.doj.mt.gov/gaming/forms/29.pdf). The
permit for the first table is $250 per year and each additional table is
$500 per year.
Once the table is permitted, the operator must hire a card dealer
(licensed by the department) as an employee of the establishment or set
up an agreement (approved by department) with a card room contractor.
Dealers must have their license in their possession while dealing and if
asked, must be able to present it.
A variety of poker games exist, so the division uses the “Official
Montana Poker Rulebook” and “Scarne's Encyclopedia of Card Games” as the
reference on how to play authorized games. Card dealers need to be
familiar with these resources as well as the statute and administrative
rules governing the play of these games because the card dealer has the
final say in the case of a dispute.
The rules of the game need to be posted near the tables where they
can be clearly seen by the players. The rules must include at least:
• Games to be played
• Betting limits of the games
• Ante or blind bets (if any)
• Number of raises
• Minimum buy-in
• $300 pot limit
• Rake percentage or set fee
• Check and raise (yes or no)
• Designated wild card(s)
• No side pots (except in cases of all-in bets)
• No credit
• No passing chips
• No checks
• Maximum number of players in each type of game
• Players must be 18 years old
• Players may request that house players be identified
To highlight a few very important rules, all wagers must be made
with poker chips or cash (no credit). Checks may not be written at the
table to buy chips. A player may cash a check at the register, and then
use the cash to buy chips at the poker table.
There are no betting limits in statute or rule, but the pot limit
may not exceed $300. The house may establish bet limits for their games
as long as they are included in their clearly posted rules. Once a pot
reaches $300, the game must be called and a winner declared.
The rake is also established by the house and tends to be regulated
by the market. Dealers may not receive a share of the rake. They are
employees of the establishment or card room contractor and should
receive an hourly wage. They can receive tips if offered.
House players may be used by the operator or card room contractor
only for the purpose of starting and/or maintaining sufficient number of
players in the card game.
Poker tournaments have a variety of additional rules and regulations
associated with them, so they will be discussed in a future article.
The other authorized card games (bridge, cribbage, hearts, pinochle,
pitch, rummy, solo, and whist) are considered “social games played for
prizes of minimal value.” These games:
• Do not need to be played in a licensed establishment;
• Do not need to be played on licensed card tables, and;
• Do not need licensed card dealers.
For more information, please call our office at (406) 444-1971 or
email gcd@mt.gov. (References: Title 23, Chapter 5, Part 3, MCA; Title
23, Chapter 16, Subchapter 12, ARM)