AGO 81-070.

• Case Date: July 07, 1981
• Court: North Dakota

North Dakota Attorney General Opinions 1981. AGO 81-070. OPINION 81-70Date Issued: July 7, 1981 (AGO 81-70) Requested by: Brian D. Neugebauer, City Attorney for the City of West Fargo- QUESTION PRESENTED - Whether the city of West Fargo has authority to license amusement games or devices.- ATTORNEY GENERAL'S OPINION - It is my opinion that the city of West Fargo does not possess authority to license amusement games or devices. - ANALYSIS - Chapter 53-04 of the North Dakota Century Code provides authority for the licensing of amusement games or devices. According to section 53-04-05, N.D.C.C., "The attorney general's licensing department shall administer and enforce the provisions of this chapter, and for that purpose the attorney general is directed and authorized to make, promulgate, and enforce such reasonable rules and regulations as he may deem necessary or expedient . . ." A reading of this section and the regulations in this chapter clearly indicate that the Legislature intended the Attorney General to have sole and exclusive authority in the enforcement of chapter 53-04, N.D.C.C., regarding the licensing of amusement games or devices within this state. Nowhere in chapter 53-04, N.D.C.C., is there any provision whereby a city or county is able to exercise the authority given to the Attorney General. ...