(1) The department shall prorate the permit fee for a video gambling machine on a quarterly basis according to the following schedule:

 

Effective Dates For Permit Permit Fee

July 1 through June 30 $240

October 1 through June 30 $180

January 1 through June 30 $120

April 1 through June 30 $60

 

(2) When applying for a video gambling machine permit, a licensed gambling operator shall indicate on the permit application the calendar quarters that he intends to operate the machine.

(3) An application for renewing a permit must be submitted to the Gambling Control Division of the department upon forms prescribed by the department, the permit fee paid, and a new gambling operator license issued which lists the machine for which the permit is issued before a previously permitted machine may be operated after midnight on June 30.

(4) Video gambling machine permits may not be issued to a licensee whose premises are subject to the common ownership restriction contained in 23-5-629, MCA, unless the department receives written application from the common owners that provides written consent and authorization to permit the video gambling machines at one of the identified locations under common ownership.

(5) Licensees whose premises are subject to the common ownership restriction contained in 23-5-629, MCA, but who are authorized to receive permits until September 30, 2005, may upon application receive temporary video gambling machine permits that will expire on September 30, 2005. Upon or prior to expiration of the temporary permits, the licensee shall file a letter of withdrawal and quarterly report for each video gambling machine as required by law. The department shall only charge a final-quarter fee (e.g., April 1 through June 30) for such temporary permits.

(6) The department may consider the same criteria for renewal of permit as for the original issuance of permit. Failure to satisfy the permit criteria contained in the act and these rules may result in denial of renewal of permit.