With the only brick and mortar casinos in North Dakota owned and operated by North American tribes, the law has strict rules about illegal gambling within the state. Commercial casinos businesses are not allowed, but the state allows for poker and blackjack to be played socially.

Bi-weekly live poker tournaments are hosted throughout the state that offers cash prizes in medium bet tournaments. Bars and restaurants can also get licensed to offer poker tournaments and this offers a great option for residents who enjoy games of chance. Online poker is illegal and presents the chance of having to pay a heavy fine if caught and prosecuted.

Sports betting pools can also be found at bars located throughout the state and offer the only legal form of sports betting in North Dakota. Betting on games of skill like pool and darts is classified as legal, but playing games of chance could lead to prosecution.
According to the North Dakota definition of gambling:

“Risking any money, credit, deposit, or other thing of value for gain, contingent, wholly or partially, upon lot, chance, the operation of gambling apparatus, or the happening or outcome of an event, including an election or sporting event, over which the person taking the risk has no control. Gambling does not include lawful contests of skill, speed, strength, or endurance in which awards are made only to entrants or to the owners of entries.”

So, there are many opportunities to win through attempting to predict the outcome of a game, match or event.
The state definition of gaming apparatus also indicates their open-minded approach to gambling on machines:
“Any device, machine, paraphernalia, or equipment that is used or usable in the playing phases of any gambling activity, whether that activity consists of gambling between persons, or gambling by a person involving the playing of a machine.”

Private gambling is allowed but only up to $25. Wager $25.01 and get caught doing so, and you will be prosecuted. That said, the punishment for being found to be gambling illegally depends a great deal on the amount bet. $25 or less doesn’t get prosecuted, $25.01 - $500 is an infraction and $500.01 or more is a Class A misdemeanour according to Section 12.1-28-02(2).

The North Dakota Gaming Division is responsible for regulating, enforcing and administration of charitable gaming in North Dakota. It performs audits and investigations of gaming organizations; reviews gaming tax returns, administrative complaints, and provides training for charitable gaming organizations.

According to the Attorney General's website:

The Gaming division also enforces the tribal-state gaming compacts, which authorize the state's Native American tribes to conduct gaming at casinos on tribal land. The division conducts random inspections at the state's five Indian Casinos to ensure game integrity and compliance with wager limits and prize payout ratios.

Applications for a gambling license in North Dakota require a record check through the office of the Attorney General. Whether you are a Native American gaming employee, game manufacturer, distributor or charitable organization, your application form will give permission for the examination of your personal history.

While the disclosure of your social security number is voluntary, not providing this information may require a need for the submission of fingerprints instead. These checks will delve into your residential history, financial history and criminal records.

The application for Manufacturers needs to include a $50,000 bond made out to the Attorney General’s office, while applications for distributors need to be accompanied by an application fee of $1,500.

When it comes to the licensing for charitable gambling, non-profit organizations need to provide the following:

1. A copy of the non-profit charter, articles of incorporation, corporate certificate, by-laws, and minutes of meetings for the past two years;
2. For each location where gaming will be conducted, a Site Authorization (SFN 17996) approved by the local governing body;
3. For each location that is not owned by the nonprofit corporation, the site owner and the organization must complete and sign a Rental Agreement (SFN 9413), a copy of which must be included with the license application;
4. License fee of $150 per jurisdiction where gaming will be conducted - payable to "Office of Attorney General;"
Applications need to be completed for each jurisdiction where games will be played.

For unlicensed organizations who would like to hold a raffle or poker event, separate applications can be made through the council or city where the event will be held. Once permission is granted, the state requires that a report on the event is completed within 30 days of the event.

The Report on a Restricted Event Permit requires itemization of income and cost of prizes, as well as a disclosure of the amount paid to the charitable organization.