The Montana Lottery will not be appealing a Helena District Court ruling that said the State could not require a business to have a liquor license in order to obtain a sport wagering license.
In October Judge Kathy Seeley ruled in favor of Arete Group LLC, a Billings investment group, who challenged the Montana Lottery Commission’s decision to add additional restrictions that were not in the original legislation.
“If the Legislature intended to limit sports wagering facilities in this way, the Legislature could have done so,” wrote Seeley.
While Seeley ruled in favor of Arete Group, she also stated the group was not entitled to get a sports wagering license and would need to go through the application process.
In announcing their decision not to appeal, the Montana Lottery also noted under the Administrative Rules of Montana, “Lottery tickets or chances may be sold at any place of business in Montana that is not engaged in business exclusively as a lottery ticket or chance sales agent.”
The Montana Lottery's interpretation of the rule is that sports wagering, or any Lottery service, can not be the only aspect of a business in order to receive a license.