CHAPTER
Lot 7000 BINGO GAMES
Statutory
Authority: RSA 287-E:3
REVISION
NOTE #1:
Pursuant to 2004, 257:16, effective
1-1-05, rules in Part Sw 2001 entitled “Bingo Games”
were transferred to the Pari-Mutuel Commission from the Lottery
Commission. Part Sw
2001 had last been filed by the Sweepstakes Commission under Document #8000,
effective 12-12-03. The Sweepstakes
Commission was renamed the Lottery Commission pursuant to 2004, 97:1-9,
effective 7-10-04.
The Pari-Mutuel Commission
subsequently filed Document #8802, effective 1-20-07, which readopted with
amendments and renumbered the former Part Sw 2001 as
Chapter Pari 1000. The rules in Document
#8802 therefore replaced all prior filings for rules in the former Part Sw 2001. The filings
of the Sweepstakes Commission affecting the former Part Sw
2001 included the following documents:
#1902, eff 12-28-01
#2538, eff 12-4-83
#3159, eff 12-13-85
#4614, eff 5-23-89
#5070, eff 2-21-91
#5327, eff 2-14-92
#6107, eff 10-27-95
#6607, eff 10-22-97
#6608, eff 10-22-97
#7166, eff 12-21-99
#7308, eff 6-13-00
#7869, eff 4-11-03
#8000, eff 12-12-03
REVISION
NOTE #2:
Pursuant to 2008, 25:1,
effective 7-11-08, the Pari-Mutuel Commission was renamed the Racing and
Charitable Gaming Commission.
Document
#10928, effective 9-10-15, readopted with amendments Chapter Pari 1000 and made
many changes to the wording, format, and numbering of the rules in Pari 1000
formerly adopted by the Pari-Mutuel Commission.
Document #10928 replaced all prior filings affecting Pari 1000. The filings of the Pari-Mutuel Commission and
the Racing and Charitable Gaming Commission affecting the former Pari 1000
after Document #8802 include the following documents:
#8979, eff 9-19-07
#9412, eff 3-12-09
#10376, eff 7-16-13
#10403, EMERGENCY, eff 8-26-13
#10422, REPEAL OF EMERGENCY RULE, eff
11-19-13
#10573, eff 4-18-14
#10574, eff 4-18-14
#10791, INTERIM, eff 2-26-15, EXPIRED
8-25-15
Prior to the filing of rules in
Document #10791, effective 2-26-15, many rules in Pari 1000 had expired 1-20-15
because they had not been affected by filings after Document #8802, effective
1-20-07. The rules in Pari 1000 filed in
Document #10791, effective 2-26-15, had expired as interim rules on 8-25-15
until Pari 1000 was readopted with amendments in its entirety by Document
#10928, effective 9-10-15.
REVISION NOTE #3:
The Racing and Charitable Gaming
Commission was abolished pursuant to 2015, 276:121, effective 7-1-15, which
amended RSA 284:6-a. Pursuant to 2015,
276:137, II, effective 7-1-15, all existing rules numbered under the rule title
“Pari” of the Racing and Charitable Gaming Commission were transferred to the
Lottery Commission, whose rule title is “Lot.”
All the functions, positions, powers, duties, and responsibilities of
the Racing and Charitable Gaming Commission were similarly transferred to the
Lottery Commission pursuant to 2015, 276:137, I.
Document #13067, effective 6-26-20,
adopted, repealed, readopted and renumbered, readopted with amendments, or
readopted with amendments and renumbered all of the
rules in the former Chapter Pari 1000 titled “Bingo Games”, and renumbered the
chapter as Lot 7000. Document #13067
replaced all prior filings of the Lottery Commission affecting the former
Chapter Pari 1000.
The filings of the Lottery Commission
affecting the former Pari 1000 after Document #10928 include the following
documents:
#11083, eff 4-26-16
#12094, eff 1-27-17
#12130, eff 3-10-17
REVISION
NOTE #4:
Document #14138, effective 11-27-24,
readopted with amendments Chapter Lot 7000.
Amendments included the insertion of new rules, amendment of existing
rules, renumbering of existing rules as noted in the source notes, and deletion
of existing rule Lot 7006.02 titled “Auxiliaries” in Part Lot 7006 titled “Game
Operations.” Document #14138 replaces
all prior filings affecting Chapter Lot 7000.
See Revision Notes #1, #2, and #3 for
prior filings affecting Chapter Lot 7000.
There were no filings affecting the deleted Lot 7006.02 after Document
#13067 discussed in Revision Note #3.
PART Lot 7001
PURPOSE AND SCOPE
Lot 7001.01 Purpose. The purpose of this chapter is to establish
requirements for the manufacture and distribution of bingo related supplies,
and the operation of bingo games pursuant to RSA 287-E:1 through RSA 287-E:15,
to ensure that games are fair, secure, and auditable
Source.
#13067, eff 6-26-20; ss by #14138, eff 11-27-24, EXPIRES: 11-27-34
Lot 7001.02 Scope.
(a) The requirements of RSA 287-E and this
chapter shall apply to any bingo game that involves gambling as defined by RSA
647:2, II(d).
(b) Except as allowed in (c) below, this chapter
shall apply to:
(1)
Charitable organizations, individuals, and entities operating a bingo
event;
(2)
Distributors and manufacturers of bingo supplies and equipment;
(3)
Facilities where bingo games are held; and
(4) Entities
and individuals providing gaming consultant services.
(c) Bingo
games offered by private campgrounds, hotels, or senior citizen organizations
shall not require licensure under this chapter when conducted in accordance
with RSA 287-E:11-13.
Source.
#13067, eff 6-26-20; ss by #14138, eff 11-27-24,
EXPIRES: 11-27-34
PART
Lot 7002 BINGO DEFINITIONS
Lot 7002.01 “Bingo” means “bingo” as defined in RSA
287-E:1, I, namely “any game, by whatever name called, in which a prize is
offered to the person first covering squares in a predetermined design on a
card marked into squares for that purpose. ‘Bingo’ shall not include any game
involving a slot machine or any other device in the nature of
a slot machine.”
Source.
#13067, eff 6-26-20; ss by #14138, eff 11-27-24, EXPIRES: 11-27-34
Lot 7002.02 “Bingo event” means
a gathering at which a series of no fewer than 10 successive bingo games is
held within a single day.
Source.
#13067, eff 6-26-20; ss by #14138, eff 11-27-24, EXPIRES: 11-27-34
Lot
7002.03 “Bona fide member” means “bona fide member” as
defined in RSA 287-E:1, III, namely “a person who has held full and regular
membership in the charitable organization for a period of not less than 60 days
immediately prior to the bingo games in which such person intends to
participate. To qualify as a ‘full and regular’ member of a charitable
organization, a person shall:
(a) Satisfy all criteria for membership in the
charitable organization;
(b) Pay all lawful fees or dues required by the
charitable organization; and
(c) Not have become a member solely for the
purpose of operating bingo games.”
Source.
#13067, eff 6-26-20; ss by #14138, eff 11-27-24,
EXPIRES: 11-27-34
Lot 7002.04 “Bonus” means
“bonus” as defined in RSA 287-E:1, III-a, namely “a monetary prize provided by
the charitable organization that is awarded in addition to prizes derived from
moneys paid by players.”
Source.
#13067, eff 6-26-20; ss by #14138, eff 11-27-24, EXPIRES: 11-27-34
Lot
7002.05 “Card” means a game piece designated to
facilitate the game of bingo, consisting of a grid of 5 rows of 5 squares, each column of which is identified by a letter
in the following order B-I-N-G-O, and each square randomly numbered between 1
and 75, with center square designated as a “free space”. A card includes a
physical game piece as well as an electronic representation of a card as utilized by a card-minding device system.
Source.
#13067, eff 6-26-20; ss by #14138, eff 11-27-24, EXPIRES: 11-27-34
Lot 7002.06 “Card-minding device system” means an
electronic or computerized device and related hardware and software, used to
automatically track announced bingo numbers, allowing the simultaneous play of a large number of bingo cards.
Source.
#13067, eff 6-26-20; ss by #14138, eff 11-27-24, EXPIRES: 11-27-34
Lot 7002.07 “Carry-over
coverall” means “carry-over coverall” as defined in RSA 287-E:1, IV-a, namely
“a bingo game in which a prize is awarded to the player who achieves coverall
within 50 or fewer balls. If no player achieves coverall, the prize accumulates
and is rolled over to successive bingo dates.”
Source.
#13067, eff 6-26-20; ss by #14138, eff 11-27-24, EXPIRES: 11-27-34
Lot 7002.08 “Charitable organization” means “charitable
organization” as defined in RSA 287-E:1, V.
Source.
#13067, eff 6-26-20; ss by #14138, eff 11-27-24, EXPIRES: 11-27-34
Lot 7002.09 “Commercial hall” means
“commercial hall” as defined in RSA 287-E: 1, V-a, namely “any hall owned or
leased by an individual, corporation, realty trust, partnership, association or any other person who rents or leases
the hall to a charitable organization for the operation of bingo games,
excluding halls owned by any charitable organization or governmental
subdivision as specified in RSA 287-E:5, VI.”
Source.
#13067, eff 6-26-20; ss by #14138, eff 11-27-24, EXPIRES: 11-27-34
Lot
7002.10 “Commission” means the New Hampshire lottery commission established
pursuant to RSA 284:21-a, or its designated staff
having authority to perform administrative and clerical functions for the
commission.
Source.
#13067, eff 6-26-20; ss by #14138, eff 11-27-24, EXPIRES: 11-27-34
Lot 7002.11 “Consolation prize” means
a guaranteed monetary prize awarded to the first player to reach coverall when
coverall is not reached within the specified number of calls required to award
the jackpot and is awarded in lieu of, not in addition to, the awarding of a
jackpot prize.
Source.
#14138, eff 11-27-24, EXPIRES: 11-27-34
Lot 7002.12
“Distributor” means any person who sells, leases, offers, or otherwise
provides, distributes, or services any bingo cards or associated equipment for
use or play in this state. This term
includes shared carry-over coverall service providers.
Source.
#13067, eff 6-26-20; ss by #14138, eff 11-27-24, EXPIRES: 11-27-34
(formerly Lot 7002.11)
Lot
7002.13 “Door prize” means a prize awarded to a person based solely upon the
person’s paid attendance at a bingo event or the purchase of a ticket to attend
a bingo event.
Source.
#14138, eff 11-27-24, EXPIRES: 11-27-34
Lot
7002.14 “Free play” means any bingo
card, or sheet for a bingo game, other than a winner-take-all or carry-over
coverall, offered by coupon
during a licensed bingo event which only certain persons are awarded for no
cost or for a cost less than that listed on the game program if that person
meets the criteria specified in the organization’s house rules.
Source.
#13067, eff 6-26-20; ss by #14138, eff 11-27-24, EXPIRES: 11-27-34
(formerly Lot 7002.12)
Lot 7002.15 “Game date” means the specific date on which
a bingo event is held.
Source.
#14138, eff 11-27-24, EXPIRES: 11-27-34
Lot
7002.16 “Game program” means a written
document available to all players prior to the start of any bingo event that
describes the name(s), type(s), and order of the game(s) to be played, all
prizes to be offered, and such other information as specified in Lot 7005.07.
Source.
#13067, eff 6-26-20; ss by #14138, eff 11-27-24, EXPIRES: 11-27-34
(formerly Lot 7002.13)
Lot 7002.17 “Gaming consultant” means “gaming consultant”
as defined in RSA 287-E:1, VI-b, namely “any individual or business entity who
is hired by or otherwise receives compensation from a charitable organization
to provide gaming related services including consultation, management,
assistance with the operation of the bingo game or the sale of lucky 7 tickets,
record keeping, filing forms with the commission, advertising, or security and
who handles, manages, oversees, or disburses any of the funds derived from the operation
of the charitable games”.
Source.
#13067, eff 6-26-20; ss by #14138, eff 11-27-24,
EXPIRES: 11-27-34 (formerly Lot 7002.14)
Lot 7002.18 “Hotel” means “hotel” as defined in RSA
78-A:3, VII, namely “an establishment which holds itself out to the public by
offering sleeping accommodations for rent, whether or not
the major portion of its operating receipts is derived from sleeping
accommodations. The term includes, but is not limited to, inns, motels, tourist
homes and cabins, ski dormitories, ski lodges, lodging homes, rooming houses,
furnished room houses, boarding houses, private clubs, hostels, cottages,
camps, chalets, barracks, dormitories, and apartments.”
Source.
#13067, eff 6-26-20; ss by #14138, eff 11-27-24, EXPIRES: 11-27-34
(formerly Lot 7002.15)
Lot
7002.19 “Host hall” means “host hall” as
defined in RSA 287-E:1, X, namely “a commercial hall or charitable organization
approved by the commission where a shared carry-over coverall game originates.”
Source.
#13067, eff 6-26-20; ss by #14138, eff 11-27-24, EXPIRES: 11-27-34
(formerly Lot 7002.16)
Lot 7002.20 “House rules” means instructions adopted by
the charitable organization that inform the players of the rules governing the
game and how situations not addressed by law or rules will be handled.
Source.
#13067, eff 6-26-20; ss by #14138, eff 11-27-24, EXPIRES: 11-27-34
(formerly Lot 7002.17)
Lot
7002.21
“Lighted game board” means a large lighted board displaying the
numbers 1 through 75 which light up as the numbered balls are announced and
placed in a rack.
Source.
#13067, eff 6-26-20; ss by #14138, eff 11-27-24, EXPIRES: 11-27-34
(formerly Lot 7002.18)
Lot 7002.22 “Manufacturer”
means any person who manufactures, builds, rebuilds, fabricates, assembles,
produces, programs, designs, or otherwise makes modifications to any bingo
cards, card-minding system, or associated equipment for use or play in the
state of New Hampshire whether directly or pursuant to a contract or agreement
with another individual or entity. This term includes “manufacturers of shared
carry-over coverall equipment”.
Source.
#13067, eff 6-26-20; ss by #14138, eff 11-27-24,
EXPIRES: 11-27-34 (formerly Lot 7002.19)
Lot
7002.23 “Mixing machine” means a machine containing
75 numbered balls and a blower attachment blowing air on the balls to mix them
up and randomly force one ball at a time up a chute to be drawn.
Source.
#13067, eff 6-26-20; ss by #14138, eff 11-27-24, EXPIRES: 11-27-34
(formerly Lot 7002.20)
Lot
7002.24 “Packet” means a group of bingo paper sheets that are manufactured,
collated, and sold by the manufacturer as a unit.
Source.
#13067, eff 6-26-20; ss by #14138, eff 11-27-24, EXPIRES: 11-27-34
(formerly Lot 7002.21)
Lot
7002.25 “Package” means any combination of separately invoiced bingo paper sheets
or packets that are sold as a single unit to players.
Source.
#13067, eff 6-26-20; ss by #14138, eff 11-27-24, EXPIRES: 11-27-34
(formerly Lot 7002.22)
Lot 7002.26 “Participating
hall” means “participating hall” as defined in RSA 287-E:1, X, namely “a commercial hall or charitable
organization approved by the commission that receives a simulcast of the shared
carry-over coverall played at the host hall.”
Source.
#13067, eff 6-26-20; ss by #14138, eff 11-27-24,
EXPIRES: 11-27-34 (formerly Lot 7002.23)
Lot 7002.27 “Private campground” means “private
campground” as defined in RSA 287-E:1, VIII, namely “privately owned property,
open to the public upon payment of a fee, which has been divided into 10 or
more defined spaces upon which tents may be erected or recreational vehicles
may be parked for the purposes of recreational camping. ‘Private campground’
shall not include manufactured housing parks as defined in RSA 205-A:1 or
recreational camps as defined in RSA 149:20.”
Source.
#13067, eff 6-26-20; ss by #14138, eff 11-27-24, EXPIRES: 11-27-34
(formerly Lot 7002.24)
Lot
7002.28 “Progressive” means
“progressive” as defined in RSA 287-E:1, IX, namely “a variation to any bingo
game wherein a player receives a prize for achieving coverall in 50 or fewer
balls drawn and if no player achieves coverall within 50 or fewer balls drawn,
the number of balls drawn shall be increased one ball per game date, until it
reaches the maximum of 60 balls, where it shall remain until the prize is
awarded.” The term includes “progressive coverall game”.
Source.
(#13067, eff 6-26-20; ss by #14138, eff 11-27-24, EXPIRES: 11-27-34
(formerly Lot 7002.25)
Lot 7002.29 “Senior citizens organization” means a
nonprofit association or club whose members are 55 years of age or older, and
which exists for the mutual support and benefit of New Hampshire’s senior
citizens.
Source.
#13067, eff 6-26-20; ss by #14138, eff 11-27-24, EXPIRES: 11-27-34
(formerly Lot 7002.26)
Lot
7002.30 “Shared carry-over coverall”
means “shared carry-over coverall” as defined in RSA 287-E:1, X, namely “a
carry-over coverall bingo game conducted at a host hall and exhibited
simultaneously to at least one participating hall by means of an electronic
simulcast feed for the purpose of playing for a common jackpot with the conduct
of the game at the host hall under rules adopted by the commission under RSA
541-A.”
Source.
#13067, eff 6-26-20; ss by #14138, eff 11-27-24, EXPIRES: 11-27-34
(formerly Lot 7002.27)
Lot
7002.31 “Shared carry-over coverall
service provider” means a licensed distributor that provides bingo paper, bingo
game system equipment, or services for the operation of a shared carry-over
coverall game.
Source.
#13067, eff 6-26-20; ss by #14138, eff 11-27-24, EXPIRES: 11-27-34
(formerly Lot 7002.28)
Lot 7002.32 “Sheet” means a single piece of paper on
which 3 or more bingo cards are printed and of a predetermined color used to
distinguish it for use with a specific bingo game.
Source.
#13067, eff 6-26-20; ss by #14138, eff 11-27-24, EXPIRES: 11-27-34
(formerly Lot 7002.29)
Lot 7002.33 “Winner-take-all
game” means a game, pursuant to RSA 287-E:7, XIII, in which all money received
for the game is awarded, less the 7 percent (%) tax and 7% game reimbursement
fee specified in RSA 287-E:7, XIII, to the winner of the game.
Source.
#13067, eff 6-26-20; ss by #14138, eff 11-27-24, EXPIRES: 11-27-34
(formerly Lot 7002.30)
PART Lot 7003
LICENSE REQUIREMENTS
Lot
7003.01 Licensing Requirements of
Manufacturers or Distributors.
(a) In accordance with RSA 287-E:8-a, no
individual or entity shall supply or sell bingo paper supplies, electronic
bingo player systems, shared carry-over coverall supplies, or networking
systems in New Hampshire without possessing a current and valid license issued
by the commission in accordance with this chapter.
(b) To qualify for licensure, the applicant and
all partners, officers, or directors of the applying entity shall:
(1) Not
participate in the operation of charitable gaming as a paid employee, bona fide
member, or licensed gaming consultant of a licensed charitable organization;
(2) Not be
involved in or influence the purchase of gambling equipment for a licensed
charitable organization;
(3) Not lease
premises to a licensed charitable organization for the conduct of lawful
gambling;
(4) Not have
ever been connected with or engaged in an illegal
business;
(5) Not owe
$500 or more in delinquent taxes;
(6) Not,
based on past activities or criminal record, pose a threat to the public
interest or to the effective regulation and control of gambling, or create or
enhance the dangers of unsuitable, unfair, or illegal practices, methods, and
activities in the conduct of gambling or the carrying on of the business and
financial arrangements incidental to the conduct of gambling;
(7) Not been
permanently or temporarily enjoined by any gaming regulatory agency from
engaging in or continuing any conduct or practice involving any aspect of
gambling;
(8) Not have
been convicted of a felony, which has not been annulled by any court, within 10
years from the date of application, or violated any of the statutes or rules
governing charitable gaming in the past in this or any other state, as
prohibited by RSA 287-E:7, VI and RSA
287-E:8-a, II; and
(9) When
applying as a distributor, have a principal place of business located within
New Hampshire, as required by RSA 287-E:8-a, IV.
(c) Delinquent taxes shall not include a tax
liability if:
(1) An administrative or
court action which contests the amount or validity of the liability has been filed or served;
(2) The
appeal period to contest the tax liability has not expired; or
(3) The
applicant has entered into a payment agreement and is current with the
payments.
(d) To obtain a license to manufacture bingo
paper supplies, electronic bingo player systems, or shared carry-over coverall
supplies or networking systems, the applicant shall submit the following to the
commission:
(1) A
completed and accurate “Bingo and/or Lucky 7 Manufacturer Application”
(11/2024), which shall include the certification affirming that:
a. The individual signing the application is
authorized to do so on behalf of the entity and is an individual listed in
section 6 of the application;
b. Neither the applicant nor any individual
listed in section 6 of the application has been convicted of a felony, which
has not been annulled by any court, within 10 years from the date of the
application; and
(2) Payment
for the licensing fee of $5,000, as established by RSA 287-E:8-a, V(b); and
(3) A copy of
a bond posted in the amount of $50,000, payable to the commission and
conditioned upon the licensee’s compliance with the rules and laws of the
commission, as established by RSA 287-E:8-a, III. The bond may be issued using
the “Bingo/Lucky 7 Manufacturer Bond” form (3/22/2024).
(e) As allowed by RSA 287-E:8-a, V, a
manufacturer with a current New Hampshire license to manufacture lucky 7
tickets shall be authorized to manufacture paper bingo supplies, electronic
bingo player systems, or shared carry-over coverall supplies or network
systems, without posting an additional bond, filing for a separate license, or
paying an additional licensing fee.
(f) To obtain a license to distribute bingo paper
supplies, electronic bingo player systems, or shared carry-over coverall
supplies or networking systems, a distributor shall submit the following to the
commission:
(1) A
complete and accurate “Bingo and/or Lucky 7 Distributor Application” form
(11/2024), which shall include the certification affirming that:
a. The individual signing the application is
authorized to do so on behalf of the entity and is an individual listed in
section 5 of the application;
b. Neither the applicant nor any individual
listed in section 5 of the application have been convicted of a felony, which
has not been annulled by any court, within 10 years from the date of the
application; and
c. Under penalty of unsworn falsification
pursuant to RSA 641:3, the information provided on the application is true,
accurate, and complete and that there are no willful misrepresentations in or
falsifications of the information provided, and an acknowledgement that giving
false information is grounds for denial, suspension, or revocation of a gaming
license;
(2) Payment
for the licensing fee of $10,000, pursuant to RSA 287-E:8-a, I; and
(3) A copy of a bond posted in the amount of
$50,000, payable to the commission and conditioned upon the licensee’s
compliance with the rules and laws of the commission, pursuant to RSA
287-E:8-a, III. The bond may be issued using the “Bingo/Lucky 7 Distributor
Bond” form (3/22/2024).
(g) As allowed by RSA 287-E:8-a, I and III, a
distributor with a current New Hampshire license for distribution of lucky 7
tickets may distribute bingo paper supplies, electronic bingo player systems,
and shared carry-over coverall supplies and networking systems, without
submitting posting an additional bond, filing for a separate license, or paying
an additional licensing fee.
(h) If at any
time, the information provided in accordance with (d) and (g) above changes, or
is otherwise found to be inaccurate, the applicant shall submit updated or
corrected information to the commission within 10 days of the event that
resulted in the change, or discovery of the inaccuracy.
Source.
#13067, eff 6-26-20; ss by #14138, eff 11-27-24, EXPIRES: 11-27-34
Lot 7003.02 Eligibility Determination and Licensing
Requirements of Charitable Organizations.
(a) In accordance with RSA 287-E:7, I, bingo
events shall only be offered by charitable organization possessing a current and valid
license issued by the commission in accordance with RSA 287-E and this chapter.
(b) In accordance
with RSA 287-E:1, V(b), a charitable organization shall not include auxiliary
units, committees, or other entities organized under the auspices of a
charitable organization eligible for licensure under this chapter, when such
auxiliary unit, committee, or other entity is organized for the primary purpose
of conducting bingo games or Lucky 7.
(c)
To be eligible for licensure, the charitable organization shall:
(1) Possess a
tax exempt status under Internal Revenue Code 501(c)(3),
501(c)(4), 501(c)(7), 501(c)(8), 501(c)(10), or 501(c)(19)
or be covered under a group ruling issued by the Internal Revenue Service under
authority of those sections;
(2) Not
appear on the Internal Revenue Service’s current “Auto Revocation List”, unless
it can otherwise prove that its tax-exempt status has been reinstatement;
(4) Be in
good standing and registered with the director of
charitable trusts, if required under RSA 7:19 through RSA 7:32.
(d) To obtain a
determination of eligibility to participate in charitable gaming, the
charitable organization shall submit a completed “Charitable Organization
Eligibility Determination Application” form (11/2024) which shall include a
certification affirming that:
(1) The individual signing the application is
authorized to do so on behalf of the organization and is an individual listed
in section 3 of the application; and
(2) Under penalty of unsworn falsification
pursuant to RSA 641:3, the information provided on the application and any
supporting documentation submitted with the application is true, accurate, and
complete, and that there are no willful misrepresentations in, or
falsifications of the information provided therein, and an acknowledgement that
giving false information is grounds for denial, suspension, or revocation of a
gaming license.
(e) The applicant
shall also provide the following document with the application, if applicable:
(1) If the organization’s tax-exempt status is
not available on the IRS website, an affirmation letter or letter of
determination from the IRS that indicates the organizations
tax exempt status; and
(2) If the charitable organization is part of a
group ruling, a determination letter from the parent organization from the IRS,
or a letter from the parent organization affirming that the applicant is in
good standing.
(f) The charitable
organization shall submit the completed “Charitable Organization Eligibility
Determination Application” form (11/2024) to the commission at least 30 days
prior to the first proposed game date.
(g) The commission
shall deem a charitable organization eligible to participate in charitable
gaming when, based on the documentation provided in accordance with (d) above,
it finds that the charitable organization meets the eligibility requirements as
set forth in (c) above.
(h) A determination
of eligibility shall remain in effect through December 31st of the calendar
year in which the determination was made, unless a change occurs that
disqualifies the charitable organization’s eligibility such as the loss of its
tax-exempt status or the revocation of its license in accordance with Lot
7008.04 below.
(i) To obtain a license to operate a bingo event,
an eligible charitable organization shall submit the following to the
commission at least 15 but no more than 45 days prior to the first proposed
game date of the month for which the license has been requested:
(1) A “Monthly Bingo / Lucky 7 License
Application” form (11/2024), which shall include a certification affirming
that:
c.
Only bona fide members of the charitable organization will operate the
games except as otherwise allowed in accordance with RSA 287-E:7;
e.
Under penalty of unsworn falsification pursuant to RSA 641:3, the
information provided on the application and any supporting documentation
submitted with the application is true, accurate, and complete, and that there
are no willful misrepresentations in or falsifications of the information
provided and an acknowledgement that giving false information is grounds for
denial, suspension, or revocation of a gaming license; and
(2) Payment
of the licensing fee of $25 per bingo event, as established by RSA 287-E:4, I.
(j) Upon request of
the commission, the individual signing the application shall show proof that
the individual is either the leader or treasurer of the charitable organization
authorized to sign the application on behalf of the organization, such as
providing copies of the meeting minutes at which the governing body authorized
such authority.
(k) In accordance
with RSA 287-E:6, no more than one license shall be issued to a charitable
organization per calendar month, and the license shall permit no more than 16
dates of bingo in one month.
(l) If at any time
the charitable organization discovers that information provided in accordance
with (c)-(f) above has changed, or is otherwise found to be inaccurate, the
charitable organization shall submit updated or corrected information to the
commission within 10 days of the event that resulted in the change, or
discovery of the inaccuracy.
Source.
#13067, eff 6-26-20; ss by #14138, eff 11-27-24, EXPIRES: 11-27-34
Lot
7003.03 Licensing Requirements of
Gaming Consultants.
(a) In accordance with RSA 287-E:7, II(b), no
person or entity shall receive compensation for providing gaming related
services, as described in (b)-(c) below, unless licensed by the commission as a
gaming consultant, the services to be
provided are agreed to in writing, in advance of said services being provided,
and a copy of a written agreement is submitted to the commission.
(b) An individual or entity shall be deemed as
providing gaming related services when they participate in the management or
operation of the charitable gaming event, or handles, manages, oversees, or disburses any of the funds derived from the
operation of the charitable gaming event.
(c) Gaming related
services shall include the following:
(1) Providing
consultation services relative to the management or
conduct of bingo events to ensure compliance with gaming regulations;
(2) Managing
the operation of a bingo event, including:
a. Providing direct on-site supervision of the
bingo event; or
b. Coordinating staffing of the event(s);
(3)
Participating in the operation of the bingo event, including:
a. Selling bingo papers and supplies or
otherwise participating in monetary transactions;
b. Acting as, or providing
assistance to, the ball caller; or
c. Determining winners or distributing prizes;
(4) Providing
record keeping services relative to the bingo event;
(5) Preparing
reports and other forms;
(6)
Developing or arranging advertising; or
(7) Providing
security or advertising services for the bingo event.
(d) A gaming consultant shall not:
(1) Be a
licensed distributor or manufacturer;
(2) Be
employed by a distributor or manufacturer, or
(3) Have any
direct or indirect financial relationship with a licensed distributor or
manufacturer.
(e) When a gaming consultant is also an owner, an
employee, or an individual with a direct or indirect financial relationship
with a licensed commercial hall, the gaming consultant shall:
(1) Take
demonstrable measures to mitigate all possible conflicts of interest between
the commercial hall and the charitable organization;
(2) Not use
gaming consultant service agreements to circumvent the rental restrictions set
forth in Lot 7000; and
(3) Maintain
a detailed log of consulting services provided on behalf of a licensed
charitable organization holding its events at the commercial hall including
dates, time, and services performed to demonstrate compliance with (2) above.
(f) Employees of a licensed gaming consultant who
provide or assist in the provision of gaming related services on behalf of
licensed gaming consultant shall also be licensed as a gaming consultant.
(g) To obtain a
gaming consultant license, the applicant shall submit the following to the
commission at least 45 days prior to the services being provided:
(1) A
completed and accurate “Gaming Consultant Application” form (11/2024), which
shall include a certification affirming that:
a. The applicant is 18 years or older and
otherwise qualifies for a gaming consultant license;
b. Neither the applicant nor any member of the
charitable organization who will participate in the operation of a bingo event
has been convicted of a felony within the previous 10 years, or a misdemeanor
involving falsehood or dishonesty within the previous 5 years, which have not
been annulled by a court, or has violated the statutes or rules governing
charitable gaming;
c. Under penalty of unsworn falsification
pursuant to RSA 641:3, the information provided on the application and on any
of the supporting documentation submitted with the application is true,
accurate, and complete and that there are no willful misrepresentations in, or
falsifications of the information provided; and
d. The applicant acknowledges that giving false
information is grounds for denial, suspension, or revocation of a gaming
license; and
(2) Payment
of the licensing fee of $100, as established by RSA 287-E:4, II-b.
(h) If at any
time, the information provided in accordance with (g) above changes, or is
otherwise found to be inaccurate, the gaming consultant shall submit updated or
corrected information to the commission within 10 days of the event that
resulted in the change, or discovery of the inaccuracy.
(i) In accordance
with RSA 287-E:7, no individual who has been convicted of a felony or class A
misdemeanor within the previous 10 years, or a class B misdemeanor within the
past 5 years and neither of which has been annulled, or who has violated any of
the statutes or rules governing charitable gaming in the past in this or any
other state shall be eligible for licensure as a gaming consultant.
Source.
#13067, eff 6-26-20; ss by #14138, eff 11-27-24, EXPIRES: 11-27-34
Lot 7003.04 Licensing Requirements of Commercial Halls.
(a) No individual or entity, other than a
charitable organization or governmental subdivision, shall lease or rent
premises for the conduct of bingo without a commercial hall license issued by
the commission.
(b) To obtain a commercial hall license, the
individual or entity shall submit the following to the commission at least 45
days prior to any bingo games being conducted in the hall:
(1) A
completed and accurate “Commercial Hall Application” form (11/2024), which shall include a certification affirming that:
a. The individual signing the application is
authorized to do so on behalf of the entity and is an individual identified in
Section 2 or 3 of the form;
b. Neither the property owner(s) nor the
property manager have been convicted of a felony or class A misdemeanor within
the previous 10 years, or a class B misdemeanor within the past 5 years, which
have not been annulled by a court, nor have they violated any of the statutes
or rules governing charitable gambling in the past in this or any other state;
d. The applicant acknowledges that giving false
information is grounds for denial, suspension, or revocation of a gaming
license;
(2) Copies of
all written agreements and contracts relative to rental or lease agreements in
effect related to the use of the premises for the conduct of bingo games,
including:
a. Copies of all rental agreements between the
commercial hall and charitable organizations playing at the commercial hall;
and
b. When the applicant is not the property owner,
a copy of the lease agreement between the property owner and the individual or
entity operating the commercial hall that clearly
indicates the following:
1. The applicant has control of the property;
2. The “use of premise” states that the location
will be used for charitable gaming purposes; and
3. Lease term that does not expire during the
next license period; and
(3) Payment
of the licensing fee of $250, as established by RSA 287-E:4, II-a.
(c) If at any time, the information provided in
accordance with (b) above changes, or is otherwise found to be inaccurate, the
applicant shall submit updated or corrected information to the commission
within 10 days of the event that resulted in the change, or discovery of the
inaccuracy.
(d) The commercial hall shall submit all amended
lease or rental agreements to the commission prior to the agreement going into
effect and attest in writing that the agreement complies with the requirements
set forth in this part.
(e) A government subdivision, or a charitable
organization may lease, rent, or otherwise allow a charitable organization to
conduct bingo at a facility it owns without obtaining a commercial hall license
when the entity:
(1) At least
72 hours prior to commencing bingo activities, completes and submits a
“Commercial Bingo Hall Exemption” form (11/2024) to the commission, which shall
include a certification affirming that under penalty of unsworn falsification
pursuant to RSA 641:3, the information provided on the application form and on
any of the supporting documentation is true, accurate, and complete and that
there are no willful misrepresentations in, or falsifications of the information
provided;
(2) Can
demonstrate proof of property ownership and its qualification as a government
subdivision or charitable organization as defined in Lot 7002.08; and
(3) Complies
with the requirements of Lot 7004.05.
Source.
#13067, eff 6-26-20; ss by #14138, eff 11-27-24, EXPIRES: 11-27-34
Lot 7003.05 Licensing
Requirements of Host Halls.
(a) Pursuant to RSA 287-E:13-a, to be eligible to
act as a host hall for shared bingo games, the applicant shall hold a valid
bingo license under RSA 287-E:6.
(b) Any commercial hall or charitable
organization wishing to act as a host hall shall submit the following
documentation to the commission at least 30-days prior to the first proposed
game date:
(1) A
completed and accurate “Shared Carry-over Coverall Bingo Host Hall Application”
form (11/2024), which shall be signed by the contact person identified in
section 1 of the form certifying that the information provided on the form and
on any of the supporting documentation is true, accurate, and complete and that
there are no willful misrepresentations in or falsifications of the information
provided;
(2) A network
management plan for conducting the shared bingo game that:
a. Ensures proper
control and accountability;
b. Preserves the integrity of the game;
c.
Is fair and does not systematically
disadvantage customers; and
d. Includes details descriptions of the
following:
1. The technology being used to simulcast the
game;
2. The card origination, inventory control, and
distribution systems, which shall include minimum controls to track and monitor
the distribution of the papers;
3. The method of calling number
at the host hall, and transmitting them to each participating hall;
4. The game(s) to be played and the game rules;
5. The card sales and reporting system;
6. The prizes to be awarded;
7. Jobs of personnel involved in the conduct and
administration of the game;
8. The procedure to verify winning cards;
9. The financial and inventory control forms
that will be used;
10. The process for
transferring funds between halls;
11. The procedure that will be in place for
paying the winner(s);
12. The distribution of net profits;
13. The network ownership;
14. The network security features in place; and
15. The method for the continuation of a game in
the event of a communication system failure;
(3) The test
results from an independent laboratory that verifies that the software and
electronic equipment that will be used to simulcast the shared bingo games:
a. Meet the International Technical Standards
for Electronic Gaming Machines set forth by the International Association of
Gaming Regulators, as required by RSA 287-E:13-a; and
b. Otherwise comply with the requirements of RSA
287-E and Lot 1000;
(4) A copy of
any agreements between the host hall and the licensed
distributor who will be providing the shared carryover coverall service;
(5) A copy of
all written agreements between the host hall and each participating hall, which
complies with the requirements of Lot 7006.05(a) below; and
(6) A copy of
bond posted in the amount of no less than $50,000 and no more than the highest
jackpot prize offered within the previous 24 months payable to the commission
and conditioned upon the licensee’s compliance with the rules and laws of the
commission, as established by RSA 287-E.
Source.
#13067, eff 6-26-20; ss by #14138, eff 11-27-24, EXPIRES: 11-27-34
Lot 7003.06
Licensing Exemptions for Private Campgrounds, Hotels, and Senior
Citizen Organizations.
(a) In accordance with RSA 287-E:12, a private
campground or hotel may conduct bingo games without a license when the private
campground or hotel:
(1) Has been
in existence for at least 2 years in the city or town where the games are to be
held;
(2) Was not
established solely for the purpose of operating bingo games;
(3) Conducts
bingo activities in accordance with the conditions set forth in RSA 287-E:12,
as follows:
a. No more than 2 bingo events shall be held in
any one calendar week;
b. Only individuals on staff at the campground
or hotel shall operate the games;
c. Compensation to staff for operating such
games shall not come from bingo revenues;
d. Only individuals 18 years of age or older who
are bona fide guests at the campground or hotel shall be allowed to play bingo;
e. The price to be paid for a single card or
play shall be $0.50; and
f. All revenues received from the sale of bingo
cards in any game or series of games in any one calendar day shall be paid out
to the players, with the total value of all prizes, tokens, or awards used, given, offered, or awarded in
connection with any one game on any calendar day shall not exceed a payout
value of $500, or series of games on the same day shall not exceed a payout
value of $2,000; and
(4) Maintains
a list of bona fide guests, and the dates of their stay, for a minimum of 2
years.
(b) In accordance with RSA 287-E:13, a private
campground or hotel may conduct special bingo games for children under the
conditions specified in (a) above with the following exceptions:
(1) No games
shall be conducted prior to 11:00 a.m. and all games shall be finished by 8:30
p.m. on any day;
(2) There
shall be no charge for play;
(3) Games
shall only be open to individuals under the age of 18, except that individuals
over the age of 18 may play the game for the purpose of supervising a child or
children. Such individuals shall not be eligible to win a prize, and any cards
the adult is playing shall be marked in such a way that the bingo attendant is
able to identify it as not eligible to win under this paragraph;
(4)
Nonmonetary prizes may be awarded, but the value of any prize shall not
exceed $5; and
(5) Prizes
shall not be exchanged for money.
(c) In accordance with RSA 287-E:11, any senior
citizen organization may conduct bingo games without a license when:
(1) The city
or town where the games will be held has adopted RSA 287-E;
(2) The
organization conducts bingo activities in accordance with the conditions set
forth in RSA 287-E:11, as follows:
a. Games shall be open only to persons 55 years of age or older, unless the rules for
senior activities on the premises require a higher minimum age for admission;
b. Person under 55 years of age who are assisting persons 55 years or
older may be allowed on the premises;
c. The price for a single card or play shall not
exceed $0.75; and
d. All prizes, tokens, or awards used, given,
offered, or awarded during or in connection with this section, in any one game
on any one calendar day shall not exceed $500; and
(3) The
organization utilizes any revenue remaining after the awarding of prizes,
tokens, and awards in accordance with (c)(2)d. for the purposes for which it
was organized.
Source.
#13067, eff 6-26-20; ss by #14138, eff 11-27-24, EXPIRES: 11-27-34
Lot 7003.07 Criteria
for the Approval or Denial of an Application for Licensure.
(a) The commission shall approve an application
and issue the applicable license when:
(1) The
applicant has been found to meet the requirements for licensure as set forth
under RSA 287-E and this chapter;
(2) The
application has been found to be complete and accurate;
(3) The
applicable licensing fee has been paid, in accordance with Lot 7003.01 through
Lot 7003.05 above;
(4) If
required, a bond has been posted, and a copy of the bond
certificate has been submitted to the commission with the application;
(5) All
documents required by Lot 7003.01 through Lot 7003.05 above have been submitted
and found to be complete, accurate, and in compliance with the requirements set
forth in this chapter;
(6) In the
case of a distributor application, the applicant’s principal place of business
is located within New Hampshire, as required by RSA 287-E:8-a, IV;
(7) In the
case of a charitable organization application, there are no outstanding monthly
financial reports due to the commission per Lot 7007.06 below;
(8) When
applicable, copies of agreements have been submitted and found to comply with
the requirements set forth in Lot 7004.05(f), Lot 7004.06(f), and Lot
7004.07(a)(3)-(4) below; and
(9) In the
case of a host hall application:
a. The network management plan complies with Lot
7003.05(b)(2) above; and
b. The shared carry-over coverall system,
obtained through a licensed manufacturer and distributor, meets the
requirements of Lot 7005.04.
(b) The commission shall deny the application
when the applicant:
(1) Does not
meet the qualifications for licensure specified in RSA 287-E and this chapter;
(2) Has not
complied with the application requirements and procedures, as specified in RSA
287-E and this chapter;
(3) Has made
a materially false statement in the application or in any document that is
submitted as part of the application process;
(4) Has not
complied with an administrative order or fine issued in accordance with Lot
7008, has a criminal record, as prohibited by RSA 287-E:7, VI, or has had a
charitable gaming license suspended or revoked within the past year; or
(5) The
location where the games will be played is not in a city or town that has
adopted RSA 287-E in accordance with RSA 287-E:27 and RSA 287-E:27-a.
(c) In accordance with RSA 287-E:6:
(1) A license
shall not be transferable; and
(2) For a
charitable organization:
a. No more than one license shall be issued per
calendar month; and
b. The license shall permit no more than 16 game
dates of bingo in one calendar month, and in no more than one town or city
which has authorized bingo games under RSA 287-E:27.
Source.
#13067, eff 6-26-20; ss by #14138, eff 11-27-24, EXPIRES: 11-27-34
Lot 7003.08 Expiration of an Issued License.
(a) A license issued in accordance with this
chapter shall expire in accordance with the following:
(1) Distributor, manufacturer, commercial hall,
and host hall licenses shall expire on June 30 following the date of issue;
(2)
Charitable organization licenses shall expire on the last day of the
month for which the license was issued, or for annual licenses, the last day of
the licensed year; and
(3) Gaming
consultant licenses shall expire one year from the date of issue.
(b) All licenses shall be valid only for the
activities, location, dates, and times as listed on
the license.
(c) Any licensee that ceases to conduct bingo
activities shall immediately notify the commission in writing and provide the commission a report as to the disposition of:
(1) All
unused bingo inventory; and
(2) Any bingo
player systems used by the charity.
Source.
#13067, eff 6-26-20; ss by #14138, eff 11-27-24, EXPIRES: 11-27-34
PART Lot 7004
RESPONSIBILITIES OF THE LICENSEE
Lot 7004.01 Responsibilities
of All Licensees. All licensees shall:
(a) Conduct charitable gaming activities in a
manner that ensures:
(1) The
integrity of the game;
(2) That the
games are fair, secure, and able to be auditable and operate correctly; and
(3) That all
games are free from corruption, criminal influences, and conflicts of interest;
(b) Maintain all records for a period of 2 years,
or longer than 2 years when notified by the commission that an audit,
compliance review, or investigation is being conducted, in which case all
records shall be maintained until the audit, review, or investigation has
concluded; and
(c) Permit the commission or its designee to
examine all bingo related books, records, inventory, and business or gaming
premises as deemed necessary for an ongoing inspection, investigation, or
audit, or to otherwise determine the licensee’s compliance with RSA 287-E and
this chapter.
Source.
#13067, eff 6-26-20; ss by #14138, eff 11-27-24, EXPIRES: 11-27-34
Lot 7004.02 Responsibilities
of the Licensed Manufacturer.
(a) Each licensed manufacturer of bingo paper,
supplies, and electronic bingo player systems shall:
(1) Ensure
that all bingo paper, supplies, and electronic bingo player systems sold or
supplied for use in New Hampshire comply with the standards set forth in this
chapter;
(2) When selling bingo supplies and systems for use in New
Hampshire, only sell to New Hampshire licensed
distributors;
(3) Develop internal control procedures and record keeping
standards to ensure proper control and accountability of all bingo supplies and
systems sold for use in New Hampshire, including the ability to track the
series of disposable bingo paper by serial number, description, and packaging
cut;
(4) Maintain records pertaining to bingo related
sales, expenses, and agreements in accordance with Lot 7007.03;
(5) Comply with the standards
as set forth in Lot 7005;
(6) Comply
with the reporting requirements set forth in Lot 7007 below; and
(b) In addition to
(a) above, manufacturers of card-minding systems shall provide to the
commission all current protocols, usernames, passwords, and any other required
information needed to download or otherwise access the system via a remote
connection.
(c) Neither the manufacturer, nor any of its
employees, shall participate in the bingo games it provides to its customers in
New Hampshire.
Source.
#13067, eff 6-26-20; ss by #14138, eff 11-27-24, EXPIRES: 11-27-34
Lot
7004.03 Responsibilities of the Licensed
Distributor.
(a) Each licensed distributor of bingo paper,
supplies, and electronic bingo player systems shall:
(1) Ensure
that all bingo paper supplies and electronic bingo player systems sold or
supplied for use in New Hampshire comply with the standards set forth in this
chapter;
(2) Only
supply bingo paper supplies, and electronic bingo player systems to licensed
charitable organizations;
(3)
Immediately return any unauthorized bingo supplies in its
possession to the manufacturer;
(4) Comply
with RSA 287-E:8-a by recording the sale of all bingo cards or sheets sold by
serial number, and listing the serial numbers on the charitable organization’s
invoice;
(5) Develop
internal control procedures and record keeping standards to track and account
for bingo supplies and systems it purchases, sells, or holds in inventory,
including an explanation of any discrepancies;
(6) Comply with all applicable recording and
reporting requirements as set forth in Lot 7007;
(7) If
providing shared carry-over coverall services, maintain all agreements,
including:
a. Any agreements with charitable organizations
to provide shared carry-over coverall game system equipment or services, which
shall include the terms and conditions of such agreements and, if applicable,
details on the operation of the shared bingo game and distribution of costs and
proceeds; and
b. Any licensing agreements with other entities
for software and hardware developed for conducting shared bingo; and
(8) Take such
action as to ensure compliance with RSA 287-E:23, II which prohibits any
partner, officer, or director of the entity from having been convicted of a
felony, which has not been annulled by any court, within the past 10 years.
(b) Neither the distributor, nor any of its employees, shall
participate in the bingo games it provides to its customers in New
Hampshire.
Source.
#13067, eff 6-26-20; ss by #14138, eff 11-27-24, EXPIRES: 11-27-34
Lot 7004.04 Responsibilities
of the Licensed Charitable Organization.
Licensed charitable organizations shall:
(a) Develop and adopt house rules in accordance
with Lot 7005.06 below;
(b) Prominently display the following documents
within the commercial hall or facility in areas that are accessible to and
easily seen by the public, including in the immediate area where bingo games
are played:
(1) The
organization’s current bingo license, pursuant to RSA 287-E:6;
(2) At least
one copy of RSA 287-E and this chapter;
(3) At least
one copy of any house rules that apply; and
(4) A copy of
the current game program;
(c) Prominently display a sign in the immediate
area where the bingo games are played advising the public of the phone number
where complaints related to charitable gaming may be made;
(d) Only compensate for gaming related services
when the individual or entity providing the services is a licensed gaming
consultant with whom the organization has a written agreement;
(e) Only reimburse bona fide members of the
organization for out-of-pocket expenses in an amount not to exceed $50 per game
date when such expenses are itemized and submitted in writing to the
organization;
(f) Not provide compensation in the form of cash,
bingo paper, lucky 7 tickets, coupons, discounts or gifts, or reimburse members
for costs they are not directly associated with expenses incurred through the
conduct of the bingo event;
(g) For each bingo event, designate a member of
the charitable organization or engage a gaming consultant to act as the gaming
manager as described in Lot 7006.03(c) below;
(h) Only sell bingo supplies and systems that
have been purchased from a licensed distributor and
manufactured by a licensed manufacturer, pursuant to RSA 287-E:8-a, and meet
the criteria in Lot 7005;
(i) Conduct bingo games in accordance with RSA
287-E and this chapter;
(j) Develop, implement, and adhere to written
internal control policies and procedures in accordance with Lot 7006.01 below;
(k) Retain control over funds jointly held in a
cooperative agreement, and ensure that such authority is not extended to a
facility owner, or other outside agents;
(l) Retain full custody and control over all bank
accounts pertaining to bingo and lucky 7 activities;
(m) Comply with the financial recording and
reporting requirements set forth in Lot 7007 below;
(n) Submit copies of any written agreements to
the commission prior to services being rendered, as required by RSA 287-E:7,
II(b);
(o) Notify the commission in writing within 10
days of an event affecting the charitable organization’s:
(1)
Qualifications for licensure under Lot 7003.02, such as a change in IRS
exemption status; or
(2) Status of
good standing with the New Hampshire secretary of state or director of
charitable trust, or with the organization’s state or national organization;
(p) Not allow an individual to serve as both the
treasurer and the chairperson of the charitable organization or their designee;
(q) Notify the commission in writing within 24
hours of cancelling an authorized bingo event, and include the following
information in the notification:
(1) The name
and contact information of the authorized official of the licensed charitable
organization submitting the notification;
(2) The date
and location of the cancelled bingo event; and
(3) The
reason for the cancellation; and
(r) Take actions to ensure compliance with
RSA-E:7, VI such that no person who has been convicted of a felony or class A
misdemeanor within the previous 10 years, or a class B misdemeanor within the
past 5 years, neither of which has been annulled by the court, or who has
violated any of the statutes or rules governing charitable gaming in the past
in this or any other state are permitted to participate in the operation of a
bingo event licensed under this chapter.
Source.
#13067, eff 6-26-20; ss by #14138, eff 11-27-24, EXPIRES: 11-27-34
Lot
7004.05 Responsibilities of Licensed
Commercial Halls.
(a) The amount of the hall rental to the
charitable organization shall not exceed $10 per player per charitable
organization's bingo event.
(b) The commercial hall shall provide, as part of
the hall rental fee, the following items and services to the charitable
organization:
(1) Hall
space;
(2) Tables
and chairs sufficient for the conduct of the bingo game;
(3) Bingo
equipment necessary for the conduct of the bingo game including, but not
limited to:
a. A ball rack;
b. A mixing machine; and
c. A lighted game board;
(4)
Utilities, including but not limited to heat, lights, and communication
services;
(5) Restroom
facilities sufficient for the seating capacity of the hall;
(6) Snow
removal; and
(7) Trash
removal and overall janitorial services sufficient to return the hall to a
condition clean and proper for conducting business.
(c) The commercial hall shall maintain all bingo
related equipment, specified in (b)(3) above, in proper working order.
(d) No third party
charges shall be assessed to any charitable organization for services set forth
in (b) above.
(e) All agreements between the commercial hall
and the charitable organization shall be contained within the lease agreement.
(f) The commercial hall shall submit copies of
agreements to the commission as follows:
(1) All new
agreements shall be submitted at least 15 days prior to providing the
contracted services; and
(2) All
amended agreements shall be submitted at least 3 days prior to the amendments
taking effect.
(g) Participation in and charges for activities
such as advertising, gaming consultant services, free offer of coffee and
donuts to customers, security protection for the charitable organization
itself, not security for the hall or parking area, consulting, or management
services, shall be at the discretion of the charitable organization. Failure to
participate in these activities shall not constitute grounds for expulsion from
the hall.
(h) The commercial hall shall:
(1) Submit
copies of all leases and rental agreements to the commission in accordance with
Lot 7003.04(b)(2) above;
(2) Allow a staff or other authorized representative of the commission
to enter and inspect any facility where bingo games are held for purposes of
determining compliance with RSA 287-E and this chapter;
(3) Make all
bingo equipment available for inspection or testing by the commission at any
reasonable time; and
(4) Comply
with all applicable laws and building codes.
Source.
#13067, eff 6-26-20; ss by #14138, eff 11-27-24, EXPIRES: 11-27-34
Lot
7004.06 Responsibilities of the Host
Hall.
(a) A host hall shall obtain approval from the
commission, in accordance with Lot 7003.07, before holding a shared carry-over
coverall bingo game.
(b) The host hall shall only simulcast shared
carry-over coverall games to participating halls located within New Hampshire
and licensed by the commission to hold bingo events.
(c) The host hall shall be solely responsible for
the equipment, the management, and the operation of the shared carry-over
coverall games it provides.
(d) The host hall shall establish and maintain a
separate bank account to which it will deposit all proceeds and pay all of the expenses in connection with the shared carry-over
coverall bingo operation.
(e) The host hall and the participating hall,
and, if applicable, the participating hall and the licensed charity, shall
enter into a written agreement prior to conducting a shared carry-over coverall
game.
(f) The host hall shall submit copies of written
agreements to the commission as follows:
(1) All new
agreements shall be submitted at least 15 days prior to providing the
contracted services; and
(2) All
amended agreements shall be submitted at least 3 days prior to the amendments
taking effect.
(g) The host hall shall provide the commission
with 30 days advanced written notice of its intent to conduct a shared bingo
game.
(h) The notice required by (g) above shall
include:
(1) The names
of each participating hall and charitable organizations, and the locations of
the caller and remote players;
(2) The name
of the shared carry-over coverall service provider responsible for providing
and maintaining the equipment used to operate and transmit the game;
(3) A copy of
any written agreements between:
a. The host and participating halls;
b. The participating hall and the licensed
charitable organization if applicable; and
c. The host hall and the shared carry-over
coverall service provider, if applicable;
(4) The name
of the person designated as having a fiduciary responsibility for the game; and
(5) The name
and contact information for the bank where the separate shared carry-over
coverall funds will be deposited.
(i) The host hall
shall maintain all records pertaining to the shared carry-over coverall games
for a period of at least 2 years, and make such
records available to representatives of the commission upon request during
regular business hours.
(j) The records required by (i)
above shall include:
(1)
Documentation of all prizes paid and information regarding receipt of
the prize;
(2) All
financial records, which shall clearly disclose the
amount of money the shared carry-over coverall operation received and expended,
and the purposes for which the host hall spent money;
(3) Copies of
any written contracts or agreements between all parties involved in the shared
carry-over coverall games including those required by Lot 7003.05(b)(3) above;
(4) A
physical description of the equipment and its cost;
(5) The name
and location of the participating hall where the equipment is installed and the
installation date;
(6) The name
of the licensed charitable organizations which will be participating in the
shared carry-over coverall games at each location, and the game dates;
(7) The video
recording of each drawing in the previous one-year period that shows, at least:
a. The ball selection process, including the
numbers drawn; and
b. All body movements of the caller;
(8)
Information relative to the purchase and
distribution of all shared carry-over coverall bingo cards, including the date
the cards were used; and
(9) Records
of gambling proceeds received from the bingo operation and the use of those
proceeds towards the stated purpose of the organization.
(k) The host hall shall retain all recordings of
each game for a minimum of 30 days.
(l) The host hall shall submit for review and
obtain approval from the commission prior to implementing any changes to the
event operating procedures.
Source.
#13067, eff 6-26-20; ss by #14138, eff 11-27-24, EXPIRES: 11-27-34
Lot 7004.07 Responsibilities
of the Licensed Gaming Consultant.
(a) The licensed gaming consultant shall:
(1) Provide
gaming services in accordance with RSA 287-E, this chapter, and its written
agreement with the charitable organization;
(2) Comply
with the internal control procedures and policies of the charitable
organization for whom they are providing services;
(3) Enact all
agreements with charitable organizations using the “Standard Form of Agreement
for Gaming Consultants” form (3/22/2024); and
(4) Submit
copies of signed agreements to the commission at least:
a. 15 days prior to
providing the contracted services; and
b. 3 days prior to any amendments to an existing
agreement taking effect.
(b) The requirements set forth in Lot 7004.04
above shall apply to the licensed gaming consultant when the consultant is
acting on behalf of the organization per a written
agreement.
Source.
#13067, eff 6-26-20; ss by #14138, eff 11-27-24, EXPIRES: 11-27-34
PART
Lot 7005 BINGO EQUIPMENT, SUPPLIES, AND
STANDARDS
Lot
7005.01
Bingo Equipment.
(a) Equipment used in the conduct of bingo shall
be maintained in good and proper working condition, and
operated in a manner such that each player is given an equal opportunity of
winning.
(b) The charitable organization shall:
(1) Only use
bingo equipment that is free of any defects and functioning
in proper working order;
(2) Furnish
or operate bingo equipment in such a manner that each player is given an equal
opportunity to win; and
(3) Test the
equipment prior to conducting a bingo event to ensure it is working
properly.
(c) Bingo ball machines and other selection
devices, flashboards, and other display devices, and other bingo equipment used
in the selection and display of game numbers shall be designed to produce
randomness.
(d) When bingo balls are utilized, the charitable
organization shall ensure that the following are true:
(1) Any
characteristics that control the selection of the balls, such as size, shape,
weight, and balance, are the same for all balls within a given set;
(2) All the
balls within a given set are present, clean, and free of defects and otherwise
in operating condition before being utilized;
(3) Each set
of balls in play is distinguishable from all other sets of balls in play;
(4) The balls
are locked in a safe storage place when not in used; and
(5) Access to
bingo operating equipment, including bingo balls and ball blowers, is
restricted to authorized persons only.
(e) All mechanical ball blowers, which use air
flow for mixing and randomly selecting balls, shall be constructed:
(1) To allow
game participants to view the mixing action of the balls; and
(2) To
prohibit any interruption of the mixing action of the balls in
an effort to alter the selection of the balls, except when the device is
shut off.
Source.
#13067, eff 6-26-20; ss by #14138, eff 11-27-24, EXPIRES: 11-27-34)
Lot
7005.02 Bingo Paper Construction
Standards.
(a) Cards, and sheets used in the conduct of
bingo games shall be designed to be disposable and comply with the following
manufacture standards:
(1) The paper
used should be of sufficient weight and quality to:
a. Allow for legible numbers and prevent ink
from spreading or bleeding through, thereby obscuring other numbers on other
bingo cards or sheets; and
b. Maintain the original condition and not
deteriorate when properly stored and normally handled and protected from
environmental elements;
(2) The
manufacturer’s name, logo, or identifying mark shall appear on each card or
sheet;
(3)
Permutation numbers shall be displayed in the center square, at the
bottom right corner of each card, or in both places;
(4) Numbers
printed on the card shall be randomly assigned;
(5) Each set
of bingo cards or sheets shall bear the same serial number, except that a
collation or packet that is made up of a number of
sets need not bear the same serial number;
(6) Bingo
cards and sheets assembled in packets shall be glued, not stapled, in such a
way that the papers can be separated without the cards being defaced or
similarly damaged;
(7) All cards
and sheets shall contain a serial number, which is not duplicated within the
same year on the same series;
(8) The
exterior of each carton of bingo paper shall include a label, a bar code, or a
combination of bar-coding and labeling that provides all of
the following information:
a. Type of product;
b. Quantity of cards, sheets, or packets;
c. Series and serial numbers;
d. Quantity of cases;
e. Cut and color of paper; and
f. Product code or identifier;
(9) The
information specified in (8) above shall also be provided on a packing slip
inside each box;
(10) To
assist in the audit of the bingo product, each carton of cards, sheets, or
packets shall:
a. Include an audit tracking system that will
enable the charitable organization to control paper by means other than
“series” or “perm” number; and
b. Be divided at established intervals; and
(11) A valid
verification system, such as a verification book, master control book, or an electronic database, or version thereof, shall be
provided and certified by the manufacturer as a true and accurate illustration
of the pattern of numbers on every card in each permutation to be used to
verify the authenticity of a winning card.
(b) The following construction standards shall
apply to concealed-face bingo paper:
(1) A
sequential audit number shall be printed on the outside of each card or sheet
of concealed-face bingo paper;
(2) To ensure
randomness, concealed-face bingo paper shall be shuffled prior to printing the
sequential audit number upon the outside of the card;
(3)
Concealed-face bingo paper shall be constructed to prevent bingo numbers
from being viewed or determined from the outside of the card; and
(4) The
sealing or gluing of the concealed-face bingo paper shall not cause any card to
be defaced upon opening.
(c) All bingo cards and sheets approved by the
commission and in use prior to the effective date of this rule, which have not
been subsequently changed or modified, shall be exempt from the requirement in
(a)-(b) above, and may remain in use.
(d) A charitable organization may offer special
cards that do not meet the requirements of this section when:
(1) The use
of the special cards, such as braille card, will allow
an individual with a disability to participate in the event;
(2) The
organization has adopted house rules that specifically address the
availability, use, and sale of such cards that ensure that the integrity of the
game is being preserved; and
(3) Controls
are in place to ensure the use of such cards does not negatively affect the
integrity of the game.
Source.
#13067, eff 6-26-20; ss by #14138, eff 11-27-24, EXPIRES: 11-27-34)
Lot 7005.03 Card-Minding System Standards.
(a) A card-minding system shall not be sold,
leased, or otherwise furnished to any person for use in the conduct of bingo
until it has been:
(1) Tested by an authorized independent testing
laboratory to ensure that the device and proprietary software conforms to the restrictions and conditions set forth in
this chapter; and
(2)
Demonstrated to and approved by the commission in accordance with (n)
below.
(b) All card-minding system
approved by the commission and in use prior to the effective date of this rule,
which have not been subsequently changed or modified, shall be exempt from the
requirement in (a) above, and may remain in use without being reapproved by the
commission.
(c) Except as allowed by (d) below, a
card-minding system that has been changed or modified shall not be sold,
leased, or otherwise furnished to any person for use in the conduct of bingo
unless it has undergone additional testing and commission approval in
accordance with (a) above.
(d) A manufacturer may conduct routine
maintenance activities and replace secondary components of a card-minding
device system without prior commission approval or additional testing as long as this activity does not affect the operation of
any proprietary software or the manner in which a
bingo game is played.
(e) If the manufacturer, distributor, charitable
organization, or commission detects or discovers any defect, malfunction, or
problem with the card-minding device system that affects the security or the
integrity of the bingo game or card-minding device system, the manufacturer,
distributor, or charitable organization shall immediately discontinue its sale,
distribution, and use until the defect has been corrected or resolved.
(f) A card-minding
system shall consist of the following:
(1) A
card-minding device that is used by a player to monitor bingo cards played at a
bingo event, and which:
a. Provides a means for the player to input or
monitor called bingo numbers;
b. Compares the numbers
entered or received against the numbers on the bingo cards stored in the memory
of the device or loaded or otherwise enabled for play on the device; and
c. Identifies any winning bingo pattern(s) and
prize levels; and
(2) A site
system that consists of computer hardware, software, and peripheral equipment,
that is located at the bingo premises, is controlled by the gaming manager
conducting bingo, and interfaces with, connects with, controls, or defines the
operational parameters of card-minding devices, and includes the following
components:
a. A point of sale
station and an internal accounting system and database that is
capable of recording the charitable organization’s sale of all
charitable gaming supplies;
b. A caller station verifier that is able to verify winning cards;
c. Printers;
d. Remote access capability;
e. Proprietary executable software; and
f. Report generation software.
(g) Card-minding devices shall:
(1) Have a
unique, permanent identification number that is coded into the software of the
card-minding device, or have a unique identification number secured by password
or code and accessible only by use of such password or code;
(2) Automatically transmit its identification number
to the site system or be known by the site system, to be recorded on the
transaction log, each time the device is involved in a transaction with the
site system;
(3) Be
designed in such a manner to allow for one or more of the following daubing
features:
a. Manual ball call, which requires the player
to identify and enter the numbers as they are called, and enable the player to
correct numbers entered in error;
b. Ball call confirm which requires the
broadcast of the ball call information to the card-minding device, and then the
player shall confirm by performing an action or entering each ball call;
c. Semi-auto daub which requires the broadcast
of the ball call information to the card-minding device, much like the ball
call confirmation except that a single action will daub
all outstanding ball calls; or
d. Auto daub, which requires the broadcast of
the ball call information to the card-minding device;
(4) Recognize
bingo numbers called and electronically daub all activated bingo cards
containing those numbers loaded on the device;
(5) Allow the
player to cancel or correct any numbers entered in error when the device
requires the player to manually enter ball call numbers;
(6) Recognize
and display all winning bingo patterns achieved;
(7) Be
programmed to only allow bingo cards purchased and loaded and enabled for play
during a bingo event, to be in play during that event;
(8) Be
programmed to only allow bingo faces sold, loaded, and enabled during an open
bingo event, to be in play during that open bingo event; and
(9) Networked
in such a manner that addresses issues of confidentiality, integrity, and
availability.
(h) A card-minding system shall not:
(1) Allow a
player to modify cards that are loaded and enabled for play;
(2) Track and
store any winnings from authorized bingo games;
(3) Replay
any winnings;
(4) Be used
to credit the player's winnings;
(5) Be used
to purchase or play lucky 7
tickets;
(6) Be used
for video confirmation of lucky 7 tickets; and
(7) Be used:
a. To generate or determine the random letters,
numbers, or other symbols used in playing the bingo card played with the
device's assistance;
b. As a receptacle for the deposit of tokens or
money in payment for playing the bingo card played with the device's
assistance; or
c. As a dispenser for the payment of a bingo
prize, including coins, paper currency, or a thing of value for the bingo card
played with the device's assistance.
(i) When applicable,
a card-minding device utilizing a customer account shall:
(1) Not permit customers to purchase any bingo equipment other than
electronic bingo cards for play on the card-minding device; and
(2) Display
the account balance at all times.
(j) The site system shall:
(1) Be
designed so that reports maintained or otherwise available for generation by the card-minding system might be downloaded or
accessed at any time by the commission via a remote connection for the
verification of the operation, compliance, and internal accounting systems;
(2) Include
an internal accounting system that is capable of recording
the charitable organization’s sale of card-minding devices and bingo cards and
sheets;
(3) Be
capable of recording and storing:
a. All transactions affecting a card-minding
device;
b. The device ID number for each transaction affecting the card-minding device; and
c. The date, time, quantity of electronic bingo
cards affected, price per card or package, package number, and transaction
number for each of the following transactions:
1. Loading of cards; and
2. Voiding of cards;
(4) Not allow
the exact duplication of cards on 2 different card-minding devices, but may
allow electronic bingo cards originally sold on one card-minding device to be
reloaded on a different card-minding device, provided that the original device
was removed from play and the site system recorded the transaction as a reload;
(5) Not be
able to engage in any type of sale, void, or reload transaction for a
card-minding device unless a functioning card-minding device or a programmable
memory device that inserts into a card-minding device is
connected with the site system;
(6) Ensure
that, for voided transactions, all electronic bingo cards are erased or
deactivated;
(7) Upon
completion of each transaction, not allow any transactional information to be
changed within the accounting system or database, including date, time,
quantity of electronic bingo cards, price per card or package, package number,
or other source information;
(8) Prevent
and identify duplicate device identification numbers;
(9) Recognize
the device identification number of the card-minding device, and record and
store that number on the transaction log for each and every
transaction that directly affects that device;
(10) Have a
database backup and recovery system to prevent loss of transactional
information in the event of power failures or any disruptive event;
(11) Not
allow a player or operator to select specific cards from a perm of bingo cards
to be sold or played, if such selection provides a material advantage to the
player or operator;
(12) Record a
sequential transaction number or audit tracking number for every transaction,
which cannot be changed or reset manually;
(13) Be
capable of producing:
a. A receipt;
b. A transaction log; and
c. A complete summary report(s) after each bingo
event;
(14) Not erase or overwrite any of the required
bingo event information until its detail information and summary information is
transferred to a secondary storage medium;
(15) Be
capable of storing and printing detailed bingo event reports and summaries on
demand, which includes a separation of revenues collected from progressive
coverall, carry-over coverall, shared carry-over coverall, and winner-take-all
games;
(16) Not allow a card-minding device to enable and play more than 108
card faces for any one regular bingo game; and
(17) Be
capable of maintaining all required reports and information for a period of 2
years.
(k) If the site
system is designed to incorporate the use of a customer account, the system
shall include the following requirements:
(1) All
communications regarding transactions between the bingo card-minding device and
the site system shall be secured by use of a unique personal identification
number (PIN) established by the player;
(2) All
transactions shall only be processed after the site system confirms the
identity of the player;
(3) Each
transaction made by a player from their customer account shall be recorded, and
include the transaction number, transaction dollar amount, time and date,
quantity and type of product purchased, and customer's account number;
(4) The
system shall not be used to track and credit a customer's account with bingo
prizes won;
(5)
Additional funds may be added to the customer's account only at a
point-of-sale station;
(6) The
system shall generate financial reports for customer account activity that
includes:
a. The customer account number;
b. The initial amount of funds placed in the
account;
c. Each transaction including
quantity and type of bingo product(s) purchased, dollar amount, time and date,
any ending balance, and bingo worker login information; and
d If balance was refunded at end of the bingo
event, or retained by the organization as other income; and
(7) Provide a
receipt for each customer transaction that contains the following disclaimer:
"Any funds remaining in your customer account that you do not claim by the
end of the bingo event will be kept by the licensed charitable organization.
Please allow enough time before the end of the bingo event to claim your funds
on your account."
(l) The card-minding system network shall employ
sufficient security safeguards to ensure that:
(1) Any
restrictions or requirements authorized by the commission or any approved
proprietary software are protected from alteration;
(2) Confidentiality
methods guard against data theft during network eavesdropping, or unauthorized
usage of the network by non-intended devices and minimizes
interference from other networks;
(3) Integrity
methods provide delivery of accurate data to system devices; and
(4)
Availability methods provide a good functioning network during gaming.
(m) To obtain approval of a card-minding system,
a manufacture shall:
(1) Submit
the proposed system to an authorized testing laboratory for validation testing,
and obtain written certification that confirms the systems complies
with this chapter;
(2) Submit a
written request for approval of the system along with a copy of the laboratory
certification; and
(3)
Demonstrate the system to the commission, if requested to do so.
(n) The
commission shall approve a card-minding system when the system is found to meet
the requirements of RSA 287-E and this chapter.
(o) When a distributor leases, sells, or
otherwise furnishes a card-minding system to a licensed charitable
organization, the distributor shall provide written notice to the commission
that includes:
(1) The
distributor’s name and contact information;
(2) The name
of the licensed manufacturer, model, and version number of the card-minding
system;
(3) The name
of the licensed charitable organization to whom the card-minding system was
sold, leased, or otherwise furnished;
(4) The
location where the card-minding system will be located;
(5) The
expected startup date for use of the card-minding system;
(6) The total
number of card-minding devices installed at the bingo premises;
(7) The modem
number or IP address and protocol for remote access, if applicable; and
(8) A
certification statement from the manufacturer that the remote connectivity is
operating properly.
(p) Before the complete removal or hardware
up-grade of any card-minding system, the distributor shall supply one copy of
the data files to each licensed authorized organization that utilized the
card-minding system and maintain one additional copy
for a period of 2 years.
Source.
#13067, eff 6-26-20; ss by #14138, eff 11-27-24, EXPIRES: 11-27-34)
Lot 7005.04 Shared
Carry-over Coverall Systems for Simulcasting Games.
(a) A shared carry-over coverall game shall only
be simulcast using audio and video technologies that have been approved by the
commission.
(b) The audio and video technology used to link
the facilities may include cable, internet, satellite, broadband, or telephone
technology, or any other means of electronic transmission that ensures the
secure, accurate, and simultaneous transmission of the announcement of numbers
or symbols in the game from the host hall to the participating hall(s).
(c) At a minimum, the equipment used to link the
facilities shall:
(1) Record
the video and audio of the shared carry-over coverall game;
(2) Support
remote sales units that immediately communicate all sales directly to the main
shared bingo game system computer;
(3) Implement
network security measures that comply with best practices as set forth in “GLI-27: Network Security Best Practices” (version 1.1,
1/21/13) produced by the Gaming Laboratories International available as
noted in Appendix B;
(4) Include a
backup communication system that allows the participating halls to notify the
host hall of any breakdowns in the system; and
(5) Include
an automatic or manual backup system to save all sales, financial, and game
data.
(d) To obtain approval of a shared carry-over
coverall system, a licensed manufacturer shall submit the following:
(1) A written
request to the commission on company letterhead; and
(2) A copy of
the certification from an independent laboratory that includes:
a. A detailed description of the equipment and
related software applications that were tested, including applicable model
number of specific equipment and the software version of the application used
for testing;
b. A specific reference to the gaming standards
being tested and a statement that the equipment meets the standards;
c. Certification that the systems meets the applicable requirements of RSA 287-E and this
chapter; and
d. Any additional findings or issues of concerns that might affect the performance or play of the
equipment.
(e) The commission shall approve a request
submitted in accordance with (d) above when the system complies with RSA 287-E
and this chapter.
(f) Except as allowed by (g) below, a shared
carry-over coverall system that has been changed or modified shall not be sold,
leased, or otherwise furnished to any person for use in the conduct of bingo
unless it has undergone additional testing and commission approval in
accordance with (a)-(e) above.
(g) A manufacturer may conduct routine
maintenance activities and replace secondary components of a card-minding
device system without prior commission approval or additional testing as long as this activity does not affect the operation of
any proprietary software or the manner in which a
bingo game is played.
(h) If the manufacturer, distributor, charitable
organization, or commission detects or discovers any defect, malfunction, or
problem with the card-minding device system that affects the security or the
integrity of the bingo game or card-minding device system, the manufacturer,
distributor, or charitable organization shall immediately discontinue its use
until the defect has been corrected or resolved.
Source.
#13067, eff 6-26-20; ss by #14138, eff 11-27-24, EXPIRES: 11-27-34)
Lot
7005.05 Game Patterns.
(a) Only game patterns that have been approved by
the commission shall be used in a game of bingo.
(b) To obtain approval of a bingo game pattern
that has not previously been approved by the commission, the charitable
organization shall submit a written request to the commission that includes:
(1) A written
description of the proposed game; and
(2) A sample
of the proposed game pattern design.
(c) The commission shall approve a game pattern
design when:
(1) The game
can be understood by an average player; and
(2) The game otherwise meets the requirements of
RSA 287-E and this chapter.
(d) Bingo game patterns approved for one
charitable organization may be used by any other charitable organization
without additional authorization.
Source.
#13067, eff 6-26-20; ss by #14138, eff 11-27-24, EXPIRES: 11-27-34)
Lot
7005.06 House Rules.
(a) A charitable organization shall adopt and
follow house rules that do not violate RSA 287-E or this chapter, and address a
minimum of the following:
(1) What
constitutes a bingo and whether or not the last number
called need be involved;
(2) The
responsibility of the bingo player to make it known to
the game officials that the player has a bingo;
(3) Reserved
seating policies;
(4) The start
and end time for purchasing bingo cards;
(5)
Availability, use, and sale of special cards for the blind or
handicapped;
(6) Card
exchange, if allowed;
(7) If the
charity uses a mixing machine, whether or not the
mixing machine will be shut off before a bingo has been verified;
(8) Whether
or not regular card purchase is necessary to play the winner-take-all game;
(9) What
constitutes an official ball, such as requiring that both the letter and number
be announced by the caller before a ball is considered official, even if the
ball has been shown on the video monitor;
(10)
Smoking/non-smoking policy which shall comply with RSA 155:66 through
RSA 155:70;
(11) Use of a
card-minding device that allows a player to play several cards at the same
time;
(12) The manner in which consolation prizes will be awarded, if
applicable;
(13) The
effective date of the house rules;
(14) The
criteria for awarding coupons;
(15) The name
of a member of the charitable organization to be contacted by a player with
comments, concerns, or questions;
(16) That the
bingo game will be conducted in accordance with RSA 287-E and this chapter; and
(17) If
applicable, criteria relative to the availability,
use, and sale of special cards for use by individuals with disabilities.
(b) The charitable organization shall maintain
copies of all house rules that were in effect within the prior 2 years, and make such documents available to the commission
upon request.
(c) Prior to the start of the first game of a
bingo event, the charitable organization shall ensure that a public
announcement is made letting players know where copies of the house rules are
located and how copies can be obtained.
Source.
#13067, eff 6-26-20; ss by #14138, eff 11-27-24, EXPIRES: 11-27-34)
Lot 7005.07 Game
Programs.
(a) A charitable organization shall only play
bingo games as identified on a game program.
(b) The game program shall not include:
(1) Games
designed to be concluded quickly for the sole purpose of allowing the operation
of electronic Lucky 7 machines, such as games with multiple “wild” or “free”
spaces;
(2) Games,
such as “dealer’s choice”, for which the style of play is not disclosed in
advance;
(3) Games for
which the odds of winning are not weighted against the player;
(4)
Cumulative prize values that exceed the limit specified in RSA 287-E:7,
XI-XVI; and
(5) Games
that do not otherwise meet the requirements of RSA 287-E and this chapter.
(c) The game program shall include the following
information:
(1) The name
of the charitable organization that will be sponsoring the game(s);
(2) The name
of the member of the charitable organization, or the gaming consultant
designated to act as the gaming manager, in accordance with Lot 7006.03(b);
(3) The
effective date of the program and the date(s), day(s) of the week, and time(s)
the program applies to;
(4) The
location where the proposed game(s) will be held;
(5) The list
of all the proposed games in the order in which they will be played;
(6) If the
game program includes a shared bingo game, the name of the host hall and
participating halls;
(7) The
prices for each card, sheet, package, or packet to be sold, including the
number and price for each card, sheet included in each package or packet;
(8) The fee
charged for the use of a bingo card-minding device, if applicable;
(9) Any
prizes, tokens, or awards to be offered, including door prizes and coupons, the
criteria for winning, and any factors used to determine the payout of such
prizes, tokens, or awards;
and
(10) Whether
prizes are subject to increase or decrease based on actual attendance, and if
so, how attendance will affect the prizes.
(d) The charitable organization shall maintain
copies of all house rules that were in effect within the prior 2 years, and make such documents available to the commission
upon request.
Source.
#13067, eff 6-26-20; ss by #14138, eff 11-27-24, EXPIRES: 11-27-34)
Lot 7005.08 Coupons and Gift Certificates.
(a) A
charitable organization shall not offer free or discounted bingo cards to
participants except as allowed by (b) below.
(b) A charitable organization may award coupons
redeemable for bingo cards as a bingo prize, promotional prize, or as a prize
in a raffle in the following manner:
(1) Each coupon shall:
a. Be sequentially numbered;
b. Include the following information on its
face:
1. The name of the licensed charitable
organization issuing the coupon;
2. A clear description of the type of bingo
card(s) the coupon can be redeemed for; and
3. The dollar value of the coupon;
(2) The dollar value of the coupon shall be:
a. Determined by the organization’s posted
selling price of the bingo card(s) described on the coupon;
b. Included in the organization’s bingo gross
receipts for the bingo event at which the coupon is redeemed; and
c. Included when determining the organization’s
compliance with RSA 287-E:7, XI, limiting the total value of all prizes awarded
in at a single event to $4,000;
(3) If the
bingo cards are to be awarded as a raffle prize, the organization shall pay for
the coupon with proceeds from the organization’s raffle account; and
(4) Redeemed
coupons shall be:
a. Signed by the player redeeming the coupon;
b. Signed and dated by the bingo worker
accepting the coupon;
c. Included in the bingo gross receipts of the
bingo event; and
d. Retained with the daily records.
(c) Individuals who participate in the operation
of a bingo event shall not be eligible to receive or redeem coupons or
discounts of any kind.
(d) A licensed organization may sell gift
certificates to be used exclusively for the purchase of bingo cards as follows:
(1) Any such
gift certificate shall clearly indicate the name of the licensed organization
issuing the certificate, and that it shall be redeemable only for the purchase
of bingo cards;
(2) The only
acceptable methods of payment for a gift certificate shall be cash, check, or
bank credit or debit card;
(3) A receipt
shall be issued by the charitable organization for each sale;
(4) The
proceeds from the sale of bingo card gift certificates shall be deposited in
the licensed charitable organization’s bingo checking account; and
(5) The value
of all gift certificate shall be included in the bingo
gross receipts of the bingo event at which it is redeemed.
(e) A licensed charitable organization shall not
offer coupons or gift certificates unless such coupons or gift certificates are
made available to all players.
Source.
#14138, eff 11-27-24, EXPIRES: 11-27-34
PART
Lot 7006 GAME OPERATIONS
Lot
7006.01 Internal Controls.
(a) Each charitable organization shall develop,
implement, and adhere to written internal control policies and procedures
designed to ensure effective control over the gaming operation by discouraging
and protecting against illicit behavior and safeguarding the integrity of the
games, which ensure that:
(1) Assets
are safeguarded;
(2) Financial
records are accurate, reliable, and permit proper reporting of gaming revenue,
fees, and taxes;
(3)
Functions, duties, and responsibilities are appropriately segregated and
performed in accordance with sound business practice by competent, qualified
personnel, with no individual in a position that would allow them to perpetuate
and conceal errors or irregularities in the normal course of duties;
(4) The
integrity of the game is preserved by preventing unauthorized access,
misappropriation, forgery, theft, or fraud;
(5) Controls
that have been put in place are effective, and any abnormalities are
investigated and addressed;
(6)
Transactions are performed only in accordance with management’s general
or specific authorization;
(7)
Transactions are recorded adequately to permit proper reporting of
gaming revenue and of fees and taxes due, and to maintain accountability for
assets;
(8) Recorded
accountability for assets is compared with actual assets on a
monthly basis, and appropriate action is taken with respect to any
discrepancies; and
(9)
Accountability for assets is maintained in accordance with generally
accepted accounting principles.
(b) The internal controls required by (a) above
shall include a minimum of the following:
(1) Controls
relative to the segregation of duties such that no one person or group within
the organization has complete control over a business process or multiple steps
within that process;
(2) Controls
relative to the access to bingo papers, including maintaining bingo papers in a
secure location, and restricting accessible to authorized individuals only;
(3) Controls
relative to bingo paper inventory to assure that bingo inventory can be
accounted for, and shall include a minimum of the following:
a. Assigning the control of bingo paper
inventories to individuals such that:
1. The individual in control of the perpetual
inventory is independent of the monthly physical inventory and bingo paper
sales; and
2. The individual in control of the monthly
physical inventory is independent of the perpetual inventory and bingo paper
sales;
b. Maintaining a perpetual inventory control log
that tracks bingo cards from receipt until use or permanent removal from
inventory;
c. Maintaining records relative to the issuance
and return of bingo card inventory, including the requirement that such records
be signed by the issuer and recipient under the following events:
1. Issuance of inventory from storage to a
staging area;
2. Issuance of inventory from a staging area to
the sellers;
3. Return of inventory from a staging area to
storage; and
4. Return of inventory from the seller to the
staging area or storage;
d. Conducting monthly physical inventory counts
to ensure that bingo card inventory can be accounted, and bingo cards have not
been marked, altered, or otherwise manipulated; and
e. Implementing a monthly process by which a
person or persons independent of bingo sales and
inventory control:
1. Reconciles the ending balance of the
perpetual inventory to the physical inventories to
ensure that no inventory is missing; and
2. Investigates and resolves all discrepancies
discovered by the monthly reconciliation;
(4) Controls relative to bingo paper sales, including:
a. Documenting and maintaining records that
adequately record, track, and reconcile all bingo cards sales and voids,
including a minimum of the following:
1. The date(s) the bingo papers were sold or
voided;
2. The total number of bingo cards issued, sold,
and returned;
3. The dollar amount of bingo card sales;
4. The signature, initials, or other identifier
of the individual preparing the record; and
5. Signature, initials, or other identifier of
an independent agent who verified the bingo cards returned to inventory and the
dollar amount of bingo card sales;
b. Requiring that the total sales of all bingo
paper sales are verified by an authorized individual independent of the bingo
paper sales being verified; and
c. Restricting access to the bingo paper sales
records to authorized individuals;
(5) Controls
relative to ensuring that the equipment used in the conduct of the bingo event are in good working order as required by Lot 7005.01; and
(6) Controls
relative to payouts of winning bingo cards, including:
a. Ensuring that an individual who sell bingo cards are not the sole
verifier of bingo cards for prize payouts;
b. Requiring that all prize payouts of $500 or
more are documented and verified by at least 2 authorized individuals; and
c. Recording, tracking, and reconciling all
redeemed bingo papers and payouts.
Source.
#14138, eff 11-27-24, EXPIRES: 11-27-34
Lot 7006.02
Documents to be Displayed.
The following documents shall be prominently displayed within the hall
in areas that are accessible to and easily seen by the public, including in the
immediate area where the bingo games are played:
(a) The current bingo license of the charitable
organization hosting the game;
(b) The license issued to a commercial hall where
the games are conducted, if applicable;
(c) A copy of the current game program;
(d) A sign advising the public of the phone
number where complaints related to charitable gaming may be made; and
(e) At least one copy of each of the following:
(1) RSA 287-E;
(2) This chapter; and
(3) The organization’s house rules developed in
accordance with Lot 7005.06 above.
Source.
#13067, eff 6-26-20; ss by #14138, eff 11-27-24, EXPIRES: 11-27-34
(formerly Lot 7006.01)
Lot
7006.03 Operations
of a Bingo Game.
(a) The charitable organization shall conduct
games in a manner that ensures that no person, player, employee, volunteer, or
licensee engages in any act, practice, or course of conduct that would
adversely affect the integrity or outcome of any bingo game.
(b) For each bingo event, the charitable
organization shall designate a member of the charitable organization or engage
a gaming consultant to act as the gaming manager.
(c) The gaming manager shall be responsible for:
(1) Ensuring
that the games are conducted in accordance with RSA 287-E and this chapter, and
that illegal gambling is not conducted on the premises;
(2)
Determining program content, prize level requirements, and products to
be purchased and put into play;
(3)
Overseeing the bingo event by reviewing and monitoring the conduct of
the games, and supervising individuals involved in the operation;
(4) Ensuring
that all receipts and disbursements have been properly accounted for, and all
source documents and inventory records are complete and reconciled;
(5) Verifying
proper accounting of all gambling expenditure, equipment, assets, and receipts;
(6)
Controlling the execution of the games, including payouts and the
preparation of transaction records;
(7) Ensuring
that all security measures and internal controls are in place to protect the
integrity of the games and gaming assets; and
(8) Remaining
on the premises during the bingo event to address and resolve any issues that
occur during the bingo event.
(d) Pursuant to RSA 287-E:1, V-a, bingo shall
only be played at a licensed commercial hall, or at a facility owned by a
charitable organization or governmental subdivision.
(e) Pursuant to RSA 287-E:7, IX, the charitable
organization shall not charge a fee for admission to bingo games.
(f) The charitable organization shall not charge
for any door prize ticket.
(g) The total value of any individual door prizes
shall not:
(1) Exceed
$500.00; and
(2) Be
pro-rated over multiple bingo events to meet the $500 limit.
(h) Except as allowed by RSA 287-E:10 and RSA
287-E:13, no individuals under 18 years of age shall be allowed in the gaming
area while a bingo game is being conducted.
(i) Only individuals
authorized in accordance with RSA 287-E:7, I and RSA 287-E:10-13 shall operate
bingo games.
(j) When a
charitable organization engages the services of one or more gaming consultants,
the charitable organization shall ensure that a majority of
the individuals participating in the operation of the bingo event are members
of the charitable organization.
(k) Each person participating in the operation of
a bingo event shall:
(1) Wear on
their outside clothing, in plain view, an identification insignia or badge
measuring no less than 2-1/2 inches by 3-1/2 inches in size and indicates:
a. The name of the individual working
the event;
b.
The name of the charitable organization operating the event; and
c. Either the word “member” or “gaming
consultant” to indicate the individual’s authority to participate in the
operation of the game. For the purposes of this paragraph, “member” refers to
any individual authorized to assist with the operation in accordance with RSA
287-E:7, I; and
(2) Be
prohibited from purchasing lucky 7 tickets or playing bingo until after they
are no longer working, and have returned all revenue
and unsold tickets and cards in their possession to the organization’s
chairperson, treasurer, or designee overseeing the event.
(l) Bingo papers and lucky 7 tickets shall not be
made unavailable to other players or otherwise set aside for individuals
working the bingo event to purchase once they are no longer working.
(m) Bingo paper sheets sold in packets shall not
be taken apart and sold as individual sheets.
(n) The licensed organization shall:
(1) Post the
price structure for all bingo cards at the location in the premises where bingo
cards are sold; and
(2) Offer the
same price structure for the purchase or use of all bingo cards, to all players
at the bingo event.
(o) The price of a single bingo card, whether sold individually or as part of a sheet,
package, or packet, shall not exceed $1 per card. Individual games that offer a
multiple prize payout, based on prizes normally offered, shall also not exceed
a cost of $1 per card.
(p) The charitable organization shall allow
anyone to purchase a minimum of one card, sheet, package, or packet depending
on what is being sold at a particular bingo game and shall not charge anyone
more than the maximum price as specified in (o) above.
(q) A licensed charitable organization may have a
graduated price structure for the purchase of different types or packets of
bingo cards. The organization shall not offer discounts on the price charged
for disposable paper bingo cards or packets unless the discounted cards or
packets are of a different color and of a different series than the regular
priced cards or packets. For example, a licensed organization might have the a price structure on disposable paper bingo cards or
packets as demonstrated in Table 7006-1 below:
Table
7006-1
|
Regular
Price |
Discounted
Price |
|
3
ON Red Booklet $5.00 |
3
ON Yellow Booklet 2 for $9.00 |
|
6
ON Blue Booklet $9.00 |
6
ON Green Booklet 2 for $15.00 |
|
9
ON Orange Booklet 12.00 |
9
ON Purple Booklet 2 for $20.00 |
(r) Prior to changing the price structure or
adding a new card of packet to the price structure, the charitable organization
shall ensure that a physical inventory is taken of the disposable paper bingo
cards that are affected by the price change.
(s) A charitable organization shall not use the
same serial numbered paper bingo cards for more than one game or group of games
during a bingo event, unless the face of a card is a different color or a paper
card tracking number is used.
(t) Prior to the
calling of the first ball draw of each game, the
criteria to win, including the winning game pattern, and the prize amount for
each game shall be clearly described and audibly announced.
(u) With the exception of concealed-face games,
no bingo cards or sheets shall be sold for use in any game after the first ball
has been called for that game.
(v) The charitable organizations shall use:
(1) A lighted
game board; and
(2) A mixing
machine.
(w) Prior to the first bingo game of the day, the
caller or operator shall announce that all of the
balls are in the rack and are available for inspection by anyone who wishes to
inspect the system.
(x) Before each game is started,
the criteria to win, including pattern and any other requirements, shall be
announced. This information shall also be posted or listed in the bingo event
program.
(y) The caller or operator drawing the bingo
balls during each game shall:
(1) Draw one
ball at a time;
(2) Have no
discretion over which ball is drawn;
(3) After
each ball is drawn:
a. Clearly announce the letter and number of the
drawn ball in such a manner that a typical player is able to
hear the number being called;
b. Display the ball in a manner that makes the
ball visible to players throughout the gaming area, such as through
the use of video monitors;
c. Place the ball in a receptacle to prevent it
from being placed back in the selection pool; and
d. Indicate the ball using the lighted game
board; and
(4) Not use
any electronic device capable of receiving communication by voice, text, or
email.
(z) A winning card shall be verified by an
individual authorized to participate in the operation of the event and one
neutral player or person unless an electronic bingo card verifier is used, and
the display of an electronic bingo card verifier is shown to all players on a
monitor.
(aa) In accordance with RSA
287-E:7, XI, all
prizes, tokens, or awards used, given, offered, or awarded in connection with
any game or series of games conducted at the same bingo event shall not exceed
the total value of $4,000, up to $500 of which may be provided by the
commercial hall, except that:
(1) In accordance with RSA 287-E:7, XIII, during
any game or series of games conducted at any one bingo event by a charitable
organization, no more than 4 winner take all games may
be conducted in which the total amount paid by the players shall be divided
among the winners of that game; and
(2) In accordance with RSA 287-E:7, XV, a
progressive coverall game shall not have a total of prize and bonus combined
exceeding $3,000.
(ab) The charitable organization may offer prizes
including door prizes, tokens, or awards, provided that the amount of those
prizes, tokens, or awards are calculated as part of
the daily prize limits specified in (aa) above.
(ac) The value of coupons awarded shall be
included as part of the daily prize limit specified
in (aa) above.
(ad) The charitable organization shall include the
wholesale cost of any door prize, token, or award in the daily prize limit.
(ae) Except as required by Lot 7007.01(a)(2), the
charitable organization shall have a separate checking account at a financial
institute for depositing bingo and lucky 7 revenue, as required by RSA 287-E:9,
IV.
(af) If the bingo
event is cancelled, the charitable organization shall notify the commission in
writing within 24 hours of the cancelation, as required by Lot 7004.04(q).
Failure to comply with this requirement shall result in the organization
forfeiting its right to a refund of the license fee for that game date.
Source.
#13067, eff 6-26-20; ss by #14138, eff 11-27-24, EXPIRES: 11-27-34
Lot 7006.04 Operations
of Carry-over Coverall, Winner-Take-All, and Progressive Coverall Games.
(a) The following shall apply to all carry-over
coverall games as defined by Lot 7002.07:
(1) A
charitable organization shall offer only one carry-over coverall game during
any given bingo event;
(2) The
accumulated prize money shall be awarded when a player achieves coverall within
50 or fewer balls;
(3) If no
player achieves coverall within 50 or fewer balls:
a. A consolation prize shall be awarded to the
first player who achieves coverall, which shall be paid from the accumulated
funds;
b. Only one consolation prize shall be awarded
per game. In the event of a tie, the consolation prize may be equally split among the winners; and
c. The remaining prize
money shall roll over to successive bingo events, and continue to accumulated until there is a winner;
(4) The
following shall apply to all prizes:
a. All prizes shall be paid from the accumulated
prize money;
b. A bonus prize shall not be included in the
prize payout; and
c. Seed money shall not be used for the prize
pool;
(5) The
charitable organization shall pay a tax of 7% of the total amount collected
from participants;
(6) Other
bingo game configurations may be played concurrently with the carry-over
coverall game, but prizes for such games shall not be paid from the carry-over
prize pool;
(7) Remaining
funds shall be deposited in a separate bank account as specified in Lot 7007.04
below;
(8) If a charitable organization has an unclaimed
carry-over coverall prize pool
and wants to move its bingo events to a new game time, day of the week, or
location, the charitable organization shall:
a.
At least 14 days prior to the change:
1.
Submit a written notification to the commission which includes all
relevant details such as the new time, date, or location, and the reason for
the move; and
2.
Notify players by prominently posting a public notice at the gaming
facility, and on any social media accounts held by the organization announcing
its intent and providing details relative to the new time, date, or location;
and
b.
The accumulated jackpot is transferred in total, and the operation of
the game continues otherwise unchanged;
(9) If a charitable organization has an unclaimed
carry-over coverall prize pool and wants to cease to offer the game, the
charitable organization shall:
a. Develop rules to award the carry-over
coverall prize pool in a manner that is fair and preserves the integrity of the
game, including calling balls until a player achieves coverall;
b. At least 14 days prior to its final
carry-over coverall game:
1. Submit a written request for approval to the
commission that includes a copy of the rules developed in accordance with a.
above, and any other relevant details including the date and time of the final
game; and
2. Prominently post a public notice at the
gaming facility, and on any social media accounts held by the organization
announcing its intent to close the game, and the rules developed in accordance
with a. above; and
c. At the event where the final carry-over
coverall prize pool will be awarded:
1. Prominently display the rules developed in
accordance with a. above in the immediate area where the bingo cards and papers
will be sold; and
2. Make a public announcement at least 30
minutes prior to the commencement of the carry-over coverall game informing
players where carry-over coverall game pieces can be purchased and where the
rules posted in accordance with c. above are located;
(10) In the
event the charitable organization’s license expires, is not renewed, is
suspended, revoked, or surrendered, or if the organization permanently
terminates its bingo operations or terminates it operations at a particular
location before the carry-over coverall prize pool can be awarded, the
organization shall submit a plan to the commission for fully distributing the
carry-over coverall prize pool in a manner that is fair and preserves the
integrity of the game; and
(11) The
commission shall approve a plan submitted in accordance with (a)(8)a.1.,
(a)(9)b.1., or (a)(10) above when the commission determines that the plan sets
forth clear rules for the game and demonstrates that the carry-over coverall
prize pool will be distributed in a manner that ensures that all players have
an equal opportunity to win.
(b) The following shall apply to all
winner-take-all games as defined by Lot 7002.33:
(1) A
charitable organization may offer up to 4 winner-take-all games during any
given bingo event;
(2)
Charitable organizations that include winner-take-all cards or sheets as
part of a package or packet sold for a single price shall not discount the
value of the winner-take-all cards and sheets when figuring the amount to be
assessed for total sales, tax, and payout;
(3) The value
of any winner-take-all cards and sheets sold in packages or packets sold for
use with a card-minding device shall be recorded at the same dollar amount as
those sold for use without a card-minding device;
(4) The following game rules shall apply to
any winner-take-all game:
a. No more than 75 numbers shall be called in
the game;
b. No number shall be called more than once;
c. The game may be played as a progressive game;
and
d. The total amount awarded in the game shall:
1. Be publicly announced and recorded by an
authorized official of the charitable organization prior to the start of the
game;
2. Not exceed 86% of the total amount collected
from the participants in the game; and
3. Be divided among the winners;
(5) A
predetermined bonus up to and including $3,000 may be offered;
(6) From the
total amount collected from participants, the charitable organization operating
the game shall:
a. Retain 7% as a game reimbursement fee; and
b. Pay a tax of 7% to the commission; and
(7) Prize
money shall not be carried over to successive bingo events or otherwise be
allowed to accumulate.
(c) The following shall apply to all progressive
coverall games as defined by Lot 7002.28:
(1) A
charitable organization may offer one progressive coverall
during any given bingo event;
(2) When
offered, the progressive coverall shall be played on the second or last
coverall;
(3) A prize
shall be awarded when a player achieves coverall within 50 or fewer balls,
except as otherwise allowed by (6) below;
(4) A bonus
prize may be included in the prize payout;
(5) The total
prize and bonus combination shall not exceed $3,000;
(6) If no
player achieves coverall within 50 or fewer balls, a consolation prize may be
awarded to the first player who achieves coverall;
(7) Only one
consolation prize shall be awarded per game. In the event of a tie, the
consolation prize may be equally split among the winners;
(8) In
accordance with RSA 287-E:8, a tax shall not be assessed on progressive
coverall games;
(9) Other
bingo game configurations may be played concurrently with the game; and
(10) Any
remaining prize money shall not be carried over to successive bingo events or
otherwise be allowed to accumulate.
(d) The following shall apply to all carry-over
coverall, winner-take-all, and progressive coverall games:
(1) All money
collected from the participants for each game shall be counted and kept
separate from other moneys collected during the bingo
event;
(2) The prize
money shall be organization specific, and not transferable;
(3) Free play
shall not be used in conjunction with any of these games;
(4) The
charitable organization shall announce the total amount collected in sales
relating to each game type prior to the start of the applicable game; and
(5)
Withdrawals from the bank account specified in Lot 7007.04 below shall
require the signature of both the charitable organization’s treasurer and
chairperson or their designee(s).
Source.
#13067, eff 6-26-20; ss by #14138, eff 11-27-24, EXPIRES: 11-27-34
Lot 7006.05 Operations of a Shared Carry-over Coverall
Game. In addition to the
requirements in Lot 7006.04 above, a shared carry-over coverall game shall
comply with the following:
(a) Prior to conducting a shared carry-over
coverall game, all parties shall enter into written agreements which include:
(1) The
effective dates of the agreement and the protocol for early termination of the
agreement;
(2) The time
and day of the week when the games will be shared;
(3) The
location where the game will be simulcast to and from;
(4) A
detailed breakdown of all costs associated with the running of the shared bingo
games, including details of how expenses and proceeds of the game are to be
allocated among the participating organization;
(5) A clear
indication of the equipment that will be provided by the host hall, and that
which the participating hall will provide;
(6) How game
records are to be maintained; and
(7) The
procedure for either party to amend or terminate the conditions of the
contract;
(b) The host hall shall provide a copy of the
agreement required by (a) above to the commission:
(1) Within 7
calendar days of entering into a new or revised agreement; and
(2) At least
30 days prior to first shared carry-over coverall game the participating hall
will be participating in under the agreement;
(c) The host hall shall notify the commission
within 7 days of any changes to its agreements with any participating hall(s),
including the initiation or termination of any such agreements;
(d) Only one shared carry-over coverall game
shall be permitted per bingo event, and in conjunction with a complete bingo
program;
(e) In the event that there is no winner:
(1) The prize
money shall be carried over to the next game date held at the same time and day
of the week, and continue to accumulate until there is a winner;
(2) A
pre-designated consolation prize may be awarded to the first person who
achieves coverall;
(3) Only one
consolation prize shall be awarded per game. In the event of a tie, the
consolation prize may be equally split among the winners; and
(4) No bonus
prize shall be included in the prize payout;
(f) The number shall be selected by a live
person. A random number generator shall not be permitted;
(g) Shared carry-over coverall
shall be played using traditional paper or tangible bingo cards and daubers,
and shall not be played using electronic devices, with the
exception of card-minding devices;
(h) A player shall be limited to 18 cards, or
faces;
(i) Cards shall not
be distributed free, discounted, or be included as part of a package or packet
sale;
(j) In the event a connection is interrupted or
lost:
(1) The game
shall be suspended at all participating halls until such time as the live feed
is restored, provided the interruption does not cause a competitive
disadvantage to some players by reducing their chances of winning; or
(2) The game
shall be cancelled and the players refunded when the feed is not restored
within 2 hours, or the interruption causes a competitive disadvantage to some
players by reducing their chances of winning;
(k) No individual, corporation, partnership, or
other legal entity, except the organization authorized to conduct or
participate in a remote caller bingo game, shall hold a legally cognizable
financial interest in the conduct of that game;
(l) All prizes, excluding consolation prizes,
shall be paid by check within 72 hours of the awarding of the prize;
(m) The receipts of the bingo game shall be used
only for charitable purposes. The organization conducting the game shall
determine the disbursement of the net receipts of the game; and
(n) Gross revenue, before prizes,
shall be distributed as follows:
(1) The host
hall shall retain the profit percentage set by the commission in accordance
with RSA 287-E:13-a, which shall not be less than 7%;
(2)
Participating halls shall retain the profit percentage set by the
commission in accordance with RSA 287-E:13-a, which shall not be less than 7%;
(3) Seven
percent shall be retained to pay the bingo tax required by RSA 287-E:8; and
(4) The
remainder to be returned to the players as prizes.
Source.
#13067, eff 6-26-20; ss by #14138, eff 11-27-24, EXPIRES: 11-27-34
Lot 7006.06 Bingo Games Conducted at Agricultural Fairs.
(a) A charitable organization may operate bingo
at an agricultural fair when designated to do so by the organization conducting
the fair.
(b) In accordance with RSA 287-E:10, bingo games
shall only be conducted on those days during which the agricultural fair holds
its annual bona fide agricultural exhibition.
(c) All applicable provisions of RSA 287-E and
this chapter shall apply to bingo games conducted at agricultural fairs, with
the following exceptions:
(1) As
allowed by RSA 287-E:10, IV, individuals under 18 years of age may be admitted
to the
premises on which the bingo games are being
conducted when accompanied and supervised by a parent or legal guardian,
however, these individuals shall not be permitted to play; and
(2) In
accordance with RSA 287-E: V, there are no limits on the total value of prizes,
tokens, or awards given for any game or series of games.
(d) The charitable organization shall indicate on
its application submitted in accordance with Lot 7003.02 above which bingo
events, if any, will be held at an agricultural fair.
(e) In accordance with RSA 287-E:10, VII, the
organization conducting the agricultural fair shall not charge a higher ground
rent, a concession fee, or any other fees to the licensed charitable
organization designated to operate the bingo games than it would charge for the
same or similar location for other types of concessions on the fair grounds.
Source.
#13067, eff 6-26-20; ss by #14138, eff 11-27-24, EXPIRES: 11-27-34
Lot 7006.07 When Lucky 7 Tickets are Sold in
Conjunction with a Bingo Event.
(a) A charitable organization shall only sell
lucky 7 tickets in conjunction with a bingo event, as allowed by RSA 287-E:20 -
21 when:
(1)
Authorized by the commission, as indicated on the organization’s bingo
and lucky 7 licenses; and
(2) The games
qualify as a bingo event as defined by Lot 7002.02.
(b) If the bingo event is cancelled, the
charitable organization shall notify the commission in writing within 24 hours
of the cancellation, as required by Lot 7004.04(q).
(c) No charitable organization shall cancel bingo
events or otherwise fail to host viable bingo events for the sole purpose of
allowing the sale of lucky 7 tickets to take place.
(d) Lucky 7 tickets shall not be sold at a bingo
event that is not licensed by the commission, such as a senior bingo as
described in RSA 287-E:11.
Source.
#13067, eff 6-26-20; ss by #14138, eff 11-27-24, EXPIRES: 11-27-34
PART
Lot 7007 RECORDING AND REPORTING
REQUIREMENTS
Lot 7007.01 General Recordkeeping Requirements For All
Licensees.
(a) Each licensee shall:
(1) Maintain
complete and accurate records with detailed supporting
and subsidiary records sufficient to furnish information regarding all
transactions pertaining to its bingo activities for a
period of at least 2 years; and
(2) Make all
records required by this section available upon request of the commission or
its authorized representative.
(b) If a licensee has been identified through
inspection, audit, or other means as having deficiencies in complying with
statutory or regulatory requirements or having ineffective internal controls,
the commission shall impose additional record keeping and financial reporting
requirements.
Source.
#14138, eff 11-27-24, EXPIRES: 11-27-34
Lot 7007.02 Specific
Recordkeeping Requirements for Manufacturers and Distributors.
To comply with Lot 7007.01 above, each
licensed manufacturer and distributor shall maintain a minimum of the following
for at least 2 years:
(a) Invoice numbers and shipment dates;
(b) The
name, address, and license number of the licensee making the purchase;
(c) A description of the bingo cards and sheets
sold including:
(1) Serial
number;
(2) Color;
(3) Cut of
the paper;
(4) Quantity;
(5) Marketing
name; and
(6)
Manufacturer; and
(d) The quantity and cost of each item.
Source.
#14138, eff 11-27-24, EXPIRES: 11-27-34
Lot 7007.03 Specific Recordkeeping Requirements for
Charitable Organizations.
(a) To comply with Lot 7007.01 above, each
licensed charitable organization shall maintain a minimum of the following for
at least 2 years:
(1) Copies of
all policies and procedures related to bingo;
(2) Any
records or documents necessary to track bingo cards and sheets from the date of
purchase through the final disposition including:
a.
Copies of invoices provided by the distributor; and
b. Inventory controls records required by Lot
7006.01(b)(3) above;
(3) For each
bingo game:
a. The center or free-space number of all
winning cards;
b. The quantity of winning cards;
c. The game name or
number as described on the game program; and
d. The number of balls called;
(4) For each
progressive and carry-over coverall game, the number of balls called and the
value of the prize, if carried over;
(5) A record
of each awarded prize with an indication of whether
the prize was paid by cash or by check;
(6) The
following documents relative to each bank account
required by Lot 7007.04(a)(1) below:
a. Check registers which details all deposits
and disbursements;
b. Bank statements and reconciliations; and
c. Cancelled checks and bank deposit slips;
(7) Work
schedules and assignments of all employees, bona fide members, and gaming
consultants involved in the operation of each bingo event; and
(8) All
written contracts, agreements, leases, rental agreements, or any other
statement of understanding.
(b) In addition to (a) above, each licensed
charitable organization shall electronically complete and submit an annual
physical inventory as follows:
(1) The
inventory shall be conducted at the conclusion of June’s gaming activities, but
before the start of July’s gaming activities;
(2) The
inventory shall be recorded using the “Physical Inventory – Bingo Papers” form
(11/2024), which shall include a certification affirming that under penalty of
unsworn falsification pursuant to RSA 641:3, the information provided on the
form is true, accurate, and complete, and that there are no willful
misrepresentations in or falsifications of the information provided; and
(3) The form
shall be electronically submitted to the commission by July 15 following the
completion of the inventory.
(c) An annual physical inventory may fulfill the
requirement of the monthly inventory for June.
Source.
#14138, eff 11-27-24, EXPIRES: 11-27-34
Lot
7007.04 Financial Requirements for
Charitable Organizations.
In accordance with RSA 287-E:9, IV, the
charitable organization shall:
(a) Maintain the following separate checking
accounts at a financial institution for all income related to bingo and lucky
7:
(1) A
checking account solely for deposit and disbursement of all bingo and lucky 7
revenue, except as provided by (b) below; and
(2) A
checking account solely for deposit and disbursement of all carry-over coverall
revenue;
(b) Deposit all receipts from each bingo event,
except for cash used to make prize pay-outs, from the appropriate account as
described in (a) within 2 days of the bingo event at which the funds were
received;
(c) Separately identify money deposited from
bingo and lucky 7 revenue on each deposit slip;
(d) Use the funds in the account specified in (a)
above only for:
(1)
Expenditures related to bingo or lucky 7; or
(2)
Disbursement of bingo or lucky 7 proceeds for a charitable purpose;
(f) Not withdraw funds from the accounts required
by (a) above by withdrawal slip or by writing checks payable to “cash”.
Source.
#13067, eff 6-26-20; ss by #14138, eff 11-27-24, EXPIRES: 11-27-34
(formerly Lot 7007.01)
Lot
7007.05 Bingo Tax and Game Reimbursement Fee.
(a) In accordance with RSA 287-E:8, the
charitable organization shall deduct and submit to the commission a tax equal
to 7% of the total amount collected from participants for the following games:
(1) Winner take all games;
(2)
Carry-over coverall games; and
(3) Shared
carry-over coverall games.
(b) A tax shall not be assessed on bingo games
licensed under RSA 287-E:10 through RSA 287-E:13 or on progressive coverall
games offered in accordance with RSA 287-E:7, XV.
(c) The charitable organization shall submit the
7% tax required in (a) above to the commission in accordance with Lot
7007.06(a) below.
(d) In accordance with RSA 287-E:7, XIII(e), a
game reimbursement fee equal to 7% of the total amount collected from
participants in a winner take all game shall be paid to the charitable
organization operating the game.
(e) The charitable organization shall disburse
all the monies received in winner-take-all games, except for the 7% tax and the
7% reimbursement fee as specified in (a)-(d) above.
(f) The charitable organization shall not deduct
any monies other than the tax and, if applicable, the fee described in (d)
above, from winner-take-all prize pools for any other purpose whatsoever.
(g) In accordance with Lot 7006.04(b)(2)-(3)
above, when figuring the amount to be assessed for total sales, tax, and payout
purposes, the charitable organization shall not discount the value of
winner-take-all cards and sheets.
(h) The charitable organization shall submit tax
payments to the commission within 15 days of the end of the reported month.
Source.
#13067, eff 6-26-20; ss by #14138, eff 11-27-24, EXPIRES: 11-27-34
(formerly Lot 7007.02)
Lot
7007.06 Reporting Requirements for
Charitable Organizations.
(a) By the 15 days following a month in which a
valid bingo event was held, the charitable organization shall:
(1)
Electronically complete the following worksheets of the “BL7MFR”
workbook (3/22/2024):
a. “1-Game Details”, also identified as “Bingo
Monthly Financial Report: Game Details – Regular, WTA, COCA & PCA
Games”; and
b. “2-Bingo Expenses”, also identified as “Bingo
Monthly Financia Report: Operation Expense Details”;
(2)
Electronically submit the completed BL7MFR workbook to the commission;
and
(3) Deliver
the following to the commission as one item:
a. A copy of the “6-Cover Sheet” worksheet of
the BL7MFR excel workbook, also identified as “Bingo & Lucky 7 Cover
Sheet”, which shall include certification affirming that:
1. The individual signing the application is
authorized to do so as the leader or treasure of the organization as identified
in section 3 of the “Charitable Organization Eligibility Determination” form
(11/2024) ; and
2. Under penalty of unsworn falsification
pursuant to RSA 641:3, the information provided on the report is true,
accurate, and complete, and that there are no willful misrepresentations in or
falsifications of the information provided and an acknowledgement that giving
false information is grounds for denial, suspension, or revocation of a gaming
license; and
b. Payment in full of any taxes due as
identified on the cover sheet submitted in accordance with a. above.
(b) The individual providing the affirmation in
accordance with (a)(3)a. above shall not be the same individual that prepared
the report.
(c) Failure to submit a BMFR worksheet within the
timeframe required by (a)(2)-(3) above, shall subject the charitable
organization to penalties per Lot 7008 below.
(d) The charitable organization shall maintain
copies of the monthly financial reports and all supporting documentation for a
period of 2 years from the date the monthly financial report was submitted to
the commission.
Source.
#13067, eff 6-26-20; ss by #14138, eff 11-27-24, EXPIRES: 11-27-34
(formerly Lot 7007.03)
PART
Lot 7008 PENALTIES
Lot 7008.01 Imposition of Penalties.
(a) Pursuant to RSA 287-E:14 and RSA 287-E:25,
disciplinary measures available to sanction misconduct shall include:
(1)
Imposition of an administrative order or fine;
(2)
Suspension of a license for a period of up to one year; and
(3)
Revocation of a license.
(b) Other than the immediate suspension of a
license, the commission shall impose disciplinary sanctions only:
(1) After
prior notice to the licensee and the opportunity for the licensee to be heard
per the requirements of RSA 541-A:30, II; or
(2) By
agreement in a settlement between the commission and the licensee
made pursuant to Lot 200.
(c) The commission shall provide all notices, and conduct all hearings in accordance with the
requirements set forth in RSA 541-A, Lot 200, and this part, as
applicable.
(d) The commission shall apply the following
factors to determine which sanction or combination of sanctions to impose:
(1) The
seriousness of the offense;
(2) Prior
disciplinary record(s);
(3) Previous
and subsequent patterns of conduct;
(4)
Acknowledgment of the licenseee’s wrongdoing;
(5)
Willingness to cooperate with the commission;
(6) Action
taken to correct the problem;
(7) The
purpose of the rule or statute that was violated;
(8) The
potential harm to public health, safety, and welfare; and
(9) The
nature and extent of the enforcement activities required of the commission as a result of the offense.
(e) The commission shall select appropriate
sanction(s) by choosing the sanction(s) most likely to:
(1) Protect
public health, safety, or welfare;
(2) Prevent
future misconduct;
(3) Correct
the attitudinal, educational, or other deficiencies which led to the
misconduct;
(4) Encourage
the responsible practices of operating a charitable gaming event; and
(5) Insure the integrity of charitable gaming in New Hampshire.
Source.
#13067, eff 6-26-20; ss by #14138, eff 11-27-24, EXPIRES: 11-27-34
Lot 7008.02 Administrative Fines.
(a) Pursuant to RSA 287-E:14, I, when the
commission imposes an administrative order or fine upon a person or entity for
a violation of RSA 287-E or this chapter, the order shall be scaled to reflect the scope of the violation for each offense.
(b) When the commission has determined that a
violation or violations of RSA 287-E, or this chapter have occurred, the
commission shall send a written notice of the proposed fine(s), by certified
mail or hand delivery, to the person, entity, applicant, or licensee of the
commission’s intent to assess a fine.
(c) The written notice required under (b) above
shall contain the following information:
(1) The
violation(s) alleged by the commission and the facts on which the allegations
are based;
(2) The
statutory section(s) that authorize(s) the commissioner to impose a fine;
(3) The
amount of the fine for each violation cited and the total amount of fine(s)
being sought; and
(4) The
respondent’s right to request an adjudicative hearing prior to the imposition
of the fine.
(d) In accordance with RSA 287-E:14, II, any
administrative fine imposed under this section shall not preclude the
imposition of further penalties or administrative actions under RSA 287-E or
this chapter.
Source.
#13067, eff 6-26-20; ss by #14138, eff 11-27-24, EXPIRES: 11-27-34
Lot
7008.03 Administrative Fine Schedule.
(a) For the purposes of this section, a “minor
violation” means conduct, action, or failure to act by any person, entity,
applicant, or licensee that was not:
(1) Of a
nature, quality, or extent to effect or potentially effect the integrity of the
charitable game(s) being conducted;
(2) Of a
nature, quality, or extent to cause or potentially cause harm to the interest
of the state or the charitable organization;
(3) A
knowing, willful, or intentional violation;
(4) A
violation that is chronic or part of a continuing pattern or practice of the
licensee;
(5) An
indication of a recalcitrant violator or one that has engaged in a pattern of
neglect or disregard with respect to applicable regulatory requirements;
(6) An act
that enabled the violator to benefit economically from the noncompliance; or
(7) Intended
to hinder the ability of the commission to determine compliance with any other
applicable local, state, or federal regulation, information request, order, or
other requirement.
(b) Minor violations shall include, but not be
limited to:
(1) Failing
to prominently display documents, as required by Lot 7004.04(b);
(2) Failing
to make an announcement prior to the start of the game letting players know
where to find copies of the house rules, and how copies can be obtained, as
required by Lot 7005.06(c);
(3) Allowing
individuals under the age of 18 on the premises where bingo is being conducted,
as prohibited by Lot 7006.03(h); or
(4) Failing
to wear a properly issued identification badge, as required by Lot 7006.03(k).
(c) The commission shall impose a fine of no less
than $25, and no more than $500, per minor violation committed by any person,
entity, applicant, or licensee.
(d) For the purposes of this section, a “moderate
violation” means conduct, action, or failure to act by any person, entity,
applicant, or licensee that exceeds the strict definition of a minor violation,
as outlined in (a) and (b) above, but do not meet the level of severity of a
major violation, as define in (g) below.
(e) Moderate violations shall include, but not be
limited to:
(1) Failing
to submit any reports by the due date. Each different type of report or record
requested but not provided shall constitute a separate violation subject to a
separate fine;
(2) Operating
a game not specifically listed on the game program;
(3) Operating
a game on a different date than the dates authorized by the license, without
approval of the commission;
(4) Failing
to maintain the bingo equipment in proper, working
order, as required by Lot 7004.05(c);
(5) Failing
to display the ball in a manner that makes the ball visible to players
throughout the gaming area, or indicating the ball using a lighted game board
as required by Lot 7006.03(y)(3); or
(6)
Committing 3 or more minor violations within 2 years.
(f) The commission shall impose a fine of no less
than $250, and no more than $1,500, per moderate violation committed by any
person, entity, applicant, or licensee.
(g) A “major violation” means conduct, action, or
failure to act by any person, entity, applicant, or licensee that is:
(1) Of a
nature, quality, or extent to effect or potentially affect the integrity of the
charitable game(s) being conducted;
(2) Of a
nature, quality, or extent to cause or potentially cause harm to the interest
of the state or the charitable organization;
(3) A
knowing, willful, or intentional violation;
(4) A
violation that is chronic or part of a continuing pattern or practice of the
licensee;
(5) An
indication of a recalcitrant violator or one that has engaged in a pattern of
neglect or disregard with respect to applicable regulatory requirements;
(6) An act
that enabled the violator to benefit economically from the noncompliance; or
(7) Intended
to hinder the ability of the commission to determine compliance with any other
applicable local, state, or federal regulation, information request, order, or
other requirement.
(h) Major violations shall include, but not be
limited to:
(1)
Establishing, maintaining, operating, or otherwise offering a bingo
event without a license, or with a suspended license;
(2)
Falsifying a bingo license;
(3) Failing
to make available any records required by the commission for investigation,
monitoring, or licensing purposes, as required by this chapter;
(4) Furnishing
or making false or misleading statements or reports to the commission, or
directing, requiring, or knowingly allowing another member or personnel of the
organization or entity to furnish or make false or misleading statements or
report to the commission;
(5) Failing
to cooperate during any visit authorized under RSA 287-E or this chapter;
(6) Failing
to maintain a separate checking account at a financial institute for bingo and
lucky 7 activities, as required by Lot 7007.04(a); or
(7)
Committing 5 or more minor violations or 3 or more moderate violations
within 2 years.
(i) The commission
shall impose a fine of no less than $1,000, and no more than $5,000, per
violation of each major violation committed by any person, entity, applicant,
or licensee.
(j) In determining the actual amount of a fine,
the commission shall consider:
(1) The
degree of non-compliance;
(2) Prior
history of violations of the same or similar nature;
(3) The
consequences of the violation, including the economic impact to
the state and other affected parties;
(4) The
nature and persistence of the violation;
(5) The
extent of any remedial or corrective action taken;
(6) The good or bad faith exhibited by the
cited individual(s);
(7) Evidence
that the violation was willful;
(8) The
extent to which the individual cooperated with the commission’s
investigation;
(9) The cost
of any investigation or hearing conducted by the commission;
(10) The
licensee’s ability to pay a fine assessed by the commission; and
(11) Any
other mitigating or aggravating factors.
(k) Except as otherwise noted, the penalties
prescribed in (a)-(j) above shall be imposed for each day that the person,
entity, applicant, or licensee is found to be out of compliance, as indicated
in the notification described in Lot 7008.02(b) above and continuing for each
day of non-compliance, or until the date of compliance.
(l)
Payment of any imposed
administrative fine to the commission shall meet the following
requirements:
(1) If the recipient of a notice described in
Lot 7008.02(b) above waives or is deemed to have waived their rights to
an adjudicative hearing, the respondent shall pay the fine by the date
specified in the notice, which shall not be less than 15 days from the date of
the notice of the proposed fine;
(2) If an
adjudicative hearing is conducted and the commission’s decision to assess a
fine is upheld, the fine shall be due and payable within 10 calendar days of
the date of the decision, or such longer time period
as is specified in the decision;
(3) Payment
shall be made in the form of personal check, or money order payable to “Treasurer, State of New
Hampshire,” or cash in the exact amount due;
(4) Any
payment submitted to the treasury department in the form of a check or money
order and returned to the state for any reason shall be processed in accordance
with RSA 6:11-a; and
(5) Cash,
money order, or certified check shall be required when any past payment to the
commission by personal check has been returned for insufficient funds.
(m) Nonpayment of a fine by a licensee or
respondent in contravention of an order, agreement, or promise to pay, shall be
a separate ground for discipline by the commission or a basis for denying a
subsequent license or renewal application or a basis for judicial action
seeking to collect the fine.
(n) If a licensee or respondent fails to pay a
fine in accordance with (l) above, the fine shall be $100, plus an additional
fine of $50.00 per day for each day for which the commission does not receive
payment in full.
(o) If a licensee corrects and then subsequently
repeats a violation for which a fine was previously issued in accordance with
(a)-(n) above, the fine shall be doubled from that of the previous fine such
that, for example, an original fine of $100 shall become $200 for the first
time the offense is repeated, $300 for the second time the offense is repeated,
$400 for the third time the offense is repeated, and so on.
Source.
#13067, eff 6-26-20; ss by #14138, eff 11-27-24, EXPIRES: 11-27-34
Lot 7008.04 License Revocation, Suspension, and
Refusal to Renew.
(a) The commission shall revoke, suspend, or
refuse to renew a license when, based upon the facts of the case, imposition of
an administrative fine would not protect the public’s interests.
(b) If a
reason exists, as set forth in (c) below, to suspend, revoke, or refuse to
renew a license the commission shall notify the licensee in writing of:
(1) The
intended action;
(2) The
reason(s) for the intended action;
(3) The
licensee’s right to request an adjudicative hearing to show compliance with all
lawful requirements for the retention of the license, and that such a request
shall be filed within 15 days of the date of the notice; and
(4) In the
case of a notice of suspension, notification that if the deficiencies are not
corrected within the specified time, the license shall be deemed revoked.
(c)
Except as allowed by (g) below, the commission shall proceed to revoke
or refuse to renew a license if the commission determines that one or more of
the following reasons for revocation exist:
(1) Failure
to comply with the conditions of the license or this chapter, such as a
charitable organization’s failure to maintain federal tax-exempt status or a
manufacturer or distributor allowing the required bond to lapse;
(2) Failure
to take corrective action following the suspension of a license;
(3) An
inability or unwillingness to comply with RSA 287-E, as it applies to bingo, or
this chapter, as demonstrated by a pattern of violations;
(4) Failure
to comply with the requirements set forth in this chapter or any commission
order to submit records, bank statements, or any other paraphernalia associated
with the operation of bingo games;
(5) Providing
false information to the commission, including willfully and knowingly making
false statements or making false entries in any books or records with respect
to any transaction connected with the holding, operating, and conducting of any
bingo event;
(6) Failure
to remit any license fees or other amounts due to the state;
(7) Hindering
or obstructing an authorized representative of the commission in the
performance of official duties, such as refusing to access to
the premises, or failing to produce any books, records, or documents for
review;
(8) Failure
to comply with the terms and conditions of an administrative order issued by
the commission;
(9) Failing
to pay any administrative, civil, or criminal penalties owed to the commission;
(10) Any
conduct by the licensee that undermines the public confidence in charitable
gaming or serves the interest of organized gambling or crime and criminals in
any manner;
(11)
Manipulating the outcome of any game or otherwise compromising the
integrity of the game;
(12)
Participating in illegal activities including possessing illegal
gambling equipment, or permitting illegal gambling in
the premises;
(13)
Willfully and knowingly conducting business with unauthorized entities;
(14) Any
material violation of RSA 287-E or this chapter; or
(15)
Operating without a valid gaming license in any state or commonwealth in
the United States.
(d) Upon
the effective date of the revocation, the licensee shall immediately cease
holding itself out to the public as a licensee of the commission, and cease
engaging in any act for which licensing is required.
(e) Failure to comply with (d) above shall
constitute separate grounds for further disciplinary action.
(f) In accordance with RSA 287-E:14, any licensee
whose license is revoked shall be ineligible for licensure for a period of up
to one year from the date of revocation.
(g) If a license has been revoked, the commission
shall not issue a subsequent license until:
(1) The
passage of the amount of time specified in the revocation order;
(2) The
licensee submits an application in accordance with
this chapter;
(3) The
licensee demonstrates that the cause for revocation no
longer exist; and
(4) The
licensee demonstrates that any corrective actions that were ordered by the
commission have been fully implemented.
(h) The
commission shall proceed to suspend a license if the
commission determines that one or more reasons to revoke a license, as
described in (c) above, exist, but:
(1) The
licensee did not act with intent to deceive; and
(2) The
deficiency(ies) can be corrected to conform to
applicable requirements.
(i) Upon the
effective date of the suspension, the licensee shall immediately cease engaging
in any act for which a license is required until the commission grants
reinstatement pursuant to (l) below.
(j) Failure to comply with (i)
above, shall constitute separate grounds for further
disciplinary action.
(k) The minimum period for suspension shall be that amount of time necessary for the licensee to take
corrective action ordered by the commission and return to compliance.
(l) The commission shall reinstate a suspended
license when:
(1) The
licensee submits to the commission a written request for the license to be
reinstated with documentation demonstrating that all of
the corrective actions ordered by the commission have been taken; and
(2) The
commission determines that all corrective actions have, in fact, been taken and
the licensee has returned to compliance.
(m) If
the commission does not grant the request for reinstatement
it shall so notify the petitioner and provide the
opportunity for a hearing.
(n) A suspension shall have no effect upon the
expiration of a license.
(o) If, after receiving a request for renewal of
a license, the commission has information that indicates that a reason, as set
forth in (c) above, exists to refuse to renew the license, the commission shall
inform the licensee of the information and offer an opportunity for the
licensee to respond to the information prior to a decision being made on the
application for renewal.
(p) The commission shall not issue a license
until such time as the reason(s) for the refusal to renew have been corrected.
Source.
#13067, eff 6-26-20; ss by #14138, eff 11-27-24, EXPIRES: 11-27-34
Lot 7008.05 Immediate License Suspension.
(a) When the commission receives information
indicating that a licensee has supplied false or incomplete information or has
engaged in misconduct that poses an immediate danger to the public’s welfare,
the commission shall issue an order pursuant to RSA 541-A:30, III, that sets
forth the alleged misconduct and immediately suspends the license for up to 10
working days pending commencement of an adjudicatory proceeding. If commenced within 10 working days, the
suspension shall continue until there is a decision in the proceeding.
(b) Suspension orders under this section shall
include the notice of hearing pursuant to Lot 200.
(c) No hearing date established in a proceeding
conducted under this section shall be postponed at the request of the licensee
unless the licensee also agrees to continue the suspension period pending
issuance of the commission’s final decision.
Source.
#13067, eff 6-26-20; ss by #14138, eff 11-27-24, EXPIRES: 11-27-34
Lot 7008.06 Appealing
a Decision.
(a) Any person aggrieved by the commission’s
decision to deny, suspend, or revoke a license may appeal the decision by
submitting a request for an administrative hearing in accordance with (b)
below.
(b) Within 15 days of the date on the notice
issued pursuant to Lot 7008.02(b) above, the recipient of the notice shall
submit a written response to the commission that indicates that the recipient
either:
(1) Waives
their right to an adjudicative hearing; or
(2) Requests
an adjudicative hearing.
(c) If the
commission receives a written request for an adjudicative hearing in accordance
with (b) above, the commission shall proceed in accordance with the provisions
of RSA 541-A and Lot 200 as they apply to adjudicative proceedings.
(d) If a recipient of a notice fails to submit a
response in accordance with (b) above, the recipient shall be deemed to have
waived the right to an adjudicative hearing, and the penalty shall be affirmed.
(e) If any participant who receives notice of an
adjudicative hearing fails to appear at the hearing, the hearings officer shall
hear the evidence and testimony of the participant(s) attending the hearing and
render an opinion based thereon.
Source.
#13067, eff 6-26-20; ss by #14138, eff 11-27-24, EXPIRES: 11-27-34
Lot 7008.07 Rehearings.
(a) Except as provided in (b) below, within 30
days after any order or decision has been made by the commission, any party to
the action or proceeding before the commission, or any person directly affected
thereby, may apply for a rehearing in respect to any matter determined in the
action or proceeding, or covered or included in the order.
(b) Pursuant to RSA 287-E:15, any person
aggrieved by a decision of the commission to deny, suspend, or revoke a bingo
license may apply to the commission for a rehearing within 15 business
days from the date of the decision.
(c) In accordance with RSA 541:4, such motion
shall set forth fully every ground upon which it is claimed that the decision
or order complained of is unlawful or unreasonable.
(d) In
accordance with RSA 541:5, upon the filing of such motion for
rehearing, the commission shall within 10 days either
grant or deny the same, or suspend the order or decision complained of pending
further consideration, and any order of suspension shall be upon such terms and
conditions as the commission shall prescribe.
(e)
Pursuant to RSA 541:3 and RSA 541:4, the commission shall grant a
rehearing when the party states good reason for such relief and demonstrates
that a decision is unlawful or unreasonable. Good reason shall be shown by
identifying specific matters that were overlooked or mistakenly conceived by
the deciding tribunal, or by identifying new evidence that could not have been
presented in the underlying proceeding. A motion for rehearing that does not
meet these standards shall be denied.
(f) In accordance with RSA 541:6, within 30 days
after the motion for a rehearing is denied, or, if the motion is granted,
then within 30 days after the decision of such hearing, the moving party may
appeal by petition to the supreme court.
Source.
#13067, eff 6-26-20; ss by #14138, eff 11-27-24, EXPIRES: 11-27-34
Lot 7008.08 Subpoenas.
(a) In accordance with RSA 287-E:14-a,
the commission shall, pursuant to (b) below, issue subpoenas for witnesses and
for documents relative to investigations or adjudicatory hearings held by the
commission.
(b) The commission shall issue a subpoena for the
attendance of witnesses or the production of evidence upon a showing that:
(1) The
testimony or evidence is necessary, relevant, and non-repetitive; and
(2) The
witness or evidence cannot be voluntarily obtained.
Source.
#13067, eff 6-26-20; ss by #14138, eff 11-27-24, EXPIRES: 11-27-34
PART
Lot 7009 WAIVER OF RULES
Lot 7009.01 Waiver of Rules.
(a) A person may request the commission to grant
a waiver from the application of a rule provided the requirements of this
section are met.
(b) A request for a waiver shall:
(1) Be in
writing;
(2) Include
the specific reference to the rule(s) by number for which a waiver is being
sought;
(3) Explain
the fact which the person relies upon to support the request for a waiver
including:
a. Why a waiver is
necessary;
b. The alternatives proposed by the requestor;
and
c. Why the requestor
believes that the waiver being requested meets the criteria in (c) below; and
(4) Specify
the period of time for which the waiver is sought.
(c) The commission shall grant the waiver if:
(1) The
purpose of the rule would be satisfied by the alternative method proposed;
(2) The
waiver does not result in any material prejudices; and
(3) Granting
the waiver does not conflict with any applicable statute.
(d) The commission shall render a decision to
grant or deny the request for a waiver within 45 days of the filing of the
request.
(e) The commission shall notify the person in
writing within 10 days of the decision to grant or deny the request in writing.
(f) The applicant or licensee’s subsequent
compliance with the alternatives approved in the waiver shall be considered
equivalent to complying with the rule from which waiver was sought.
(g) Waivers shall not be transferable.
(h) When a licensee wishes to renew the waiver
beyond the approved period of time, the licensee shall
apply for a new waiver by submitting the information required by (a) above.
(i) The request to
renew a waiver shall be subject to (b) through (e) above.
Source.
#13067, eff 6-26-20; ss by #14138, eff 11-27-24, EXPIRES: 11-27-34
APPENDIX
A: STATUTES IMPLEMENTED
|
Rule |
Specific
State Statute the Rule Implements |
|
Lot
7001 |
RSA
287-E:2; and RSA 287-E:3 |
|
Lot
7002 |
RSA
287-E:1; and RSA 287-E:3 |
|
Lot
7003 |
RSA
287-E:3, I-II-a and XVII; RSA 287-E:4; RSA 287-E:5; RSA 287-E:6; RSA
287-E:8-a; and RSA 287-E:15 |
|
Lot
7004 |
RSA
287-E:3, V, VII, IX, XII-XIV, and XV; RSA 287-E:7; and RSA 287-E:13-a |
|
Lot
7005 |
RSA
287-E:3, XII, IX and XV; and RSA 287-E:8-a |
|
Lot
7006 |
RSA
287-E:3, V- XII and XIV-XV; RSA 287-E:7; and RSA 287-E:13-a |
|
Lot
7007 |
RSA
287-E:3, XII and XV; and RSA 287-E:9 |
|
Lot
7008 |
RSA
287-E:3, IV, XV and XVI; RSA 287-E:14; RSA 287-E:14-a; and RSA 287-E:15 |
|
Lot
7009 |
RSA
287-E:3, XV |
APPENDIX B: INCORPORATION BY REFERENCE
|
Rule |
Title |
Obtain At |
|
Lot 7005.04(c)(3) |
Network Security Best Practices v1.1
(1/21/2013) |
Available free of
charge on the Gaming Laboratories International (GLI) website found at:
https://gaminglabs.com/wp-content/uploads/2018/09/GLI-27-Network-Security-Best-Practices-v1-1.pdf |