Summary — SB 2373 (North Dakota)
Status and Sponsors
- Bill number: SB 2373
- Introduced: March 12, 2025
- Primary sponsors (as prepared): Senators Klein, Luick, Myrdal, Paulson; Hagenbuch (cosponsor)
- Procedural status (as provided): Second reading — failed to pass (yeas 16, nays 77)
Purpose
- To revise the statutory definition of “alcoholic beverage establishment” and to tighten/clarify where and under what conditions licensed organizations may conduct charitable gaming (bingo, pull tabs, electronic games, poker, sports pools, etc.) under North Dakota Century Code chapter 53-06.1.
Key provisions (what the bill would change)
1. Definition of “alcoholic beverage establishment” (NDCC 53-06.1-01(2))
- Defines the term to mean an establishment licensed under chapter 5-02 where alcoholic beverages are sold and dispensed by employees and consumed on the premises.
- Explicitly excludes liquor stores, gas stations, grocery stores, and convenience stores.
- Permissible locations and other rules for gaming (NDCC 53-06.1-03(3))
- Only one licensed organization (or permit-holder) may conduct games at an authorized site on a day, with limited exceptions for special occasion raffles or sports pools if:
- the raffle/sports pool area is physically separated from the regular gaming area; or
- the regular organization agrees and, with approval of the alcoholic beverage establishment, has its license/permit suspended for that specific time by the Attorney General.
- Site limits:
- A licensed organization (including closely related organizations) generally may not operate at more than 15 sites.
- Exceptions: temporary sites authorized for 14 or fewer consecutive days (no more than two such events per quarter) and organizations that were authorized to operate at more than 15 sites on or before January 1, 2023.
- Organizations that already had more than 15 sites as of Jan 1, 2023 may not expand beyond their Jan 1, 2023 number of sites.
- Hours of gaming:
- Games (electronic quick shot bingo, electronic pull tabs, pull tabs, punchboards, twenty-one, paddlewheels, poker, sports pools) may be conducted only during hours when alcoholic beverages may be dispensed under applicable state, county, or city regulations.
- Location within establishments / 21+ area requirement:
- Electronic pull tabs, pull tabs, punchboards, twenty-one, paddlewheels, poker, and sports pools must be conducted only within a designated area where patrons must be 21+ to enter, and that area must be located in an alcoholic beverage establishment.
- The bill also preserves a narrow grandfather exception for bingo halls that were authorized sites on January 1, 2025 and are owned by a licensed organization.
- Age restrictions:
- Persons under 21 may not directly or indirectly play electronic pull tabs, pull tabs, punchboards, twenty-one, calcuttas, sports pools, paddlewheels, or poker.
- Persons under 18 may not directly or indirectly play electronic quick shot bingo.
- Under-18s may play bingo only if accompanied by an adult, bingo is conducted under a permit, or the prize structure does not exceed permit limits.
- Device limits:
- No more than ten electronic pull tab devices may be installed at a site.
- Grandfathering:
- Organizations conducting gaming at an authorized site on Jan 1, 2023 may continue to operate at that site regardless of whether the site otherwise qualifies as an “alcoholic beverage establishment” under the revised definition.
- Raffle boards:
- Numbered squares must be sold at the same price; squares may be sold at a site up to 30 days before the drawing.
Who would be affected
- Licensed organizations that conduct charitable gaming (veterans groups, fraternal organizations, nonprofits) — limits on number/locations of sites, device caps, and operating hours.
- Alcoholic beverage establishments (bars, restaurants) — defined more narrowly; required for most types of gaming to host gaming only within 21+ designated areas.
- Bingo halls — limited grandfathering for certain authorized bingo halls owned by licensed organizations as of Jan 1, 2025.
- Patrons — reinforced age restrictions (under-21 and under-18 prohibitions).
- Regulators and enforcement authorities — Attorney General referenced for temporary suspensions; local/state alcohol dispensing regulations become the controlling timeline for gaming hours.
Procedural/timeline notes
- The version summarized reflects amendments to NDCC sections 53-06.1-01(2) and 53-06.1-03(3) as prepared for the Sixty-ninth Legislative Assembly.
- Provided status indicates the bill failed on second reading (yeas 16, nays 77). (Several document excerpts include alternate procedural histories that appear to mix content from other jurisdictions; this summary focuses on the North Dakota bill text and the status provided.)
Potential impacts / considerations
- Intended to restrict charitable gaming to adult-only areas within licensed alcohol-serving premises and to limit expansion of organizations’ site footprints, which could reduce youth exposure and limit intensity/geographic spread of gaming operations.
- The 15-site cap and device limits could reduce revenue opportunities for some organizations; grandfathering provisions mitigate immediate disruption for preexisting operations.
- Enforcement will involve coordination with alcohol licensing rules and possible Attorney General involvement for site/permit suspensions.
