New Hampshire Laws Administered by the Racing and Charitable Gaming Division
TITLE XXIV
GAMES, AMUSEMENTS, AND ATHLETIC EXHIBITIONS
CHAPTER 284
HORSE AND DOG RACING
General Provisions
Section 284:1
284:1 Limitation. – This chapter shall be construed to apply only to running or harness horse racing, whether live or simulcast, or simulcast dog racing.
Source. 1935, 27:18. RL 171:20. RSA 284:1. 1971, 541:1. 2010, 272:1, eff. Jan. 1, 2011.
Section 284:2
284:2 Repealed by 1997, 27:11, I, eff. June 24, 1997. –
Section 284:3
284:3 Employees. – At least 70 percent of the persons employed by a person, association, or corporation conducting a racing plant or simulcasting under the provisions hereof shall have resided in this state for a period of not less than one year. The provisions of this section shall not apply to the construction of a racing plant or its equipment.
Source. 1935, 27:21. RL 171:23. 2009, 144:97, eff. July 1, 2009.
Section 284:4
284:4 Repealed by 1997, 50:1, eff. July 18, 1997. –
Section 284:5
284:5 Enforcement of Chapter. – It shall be the duty of the attorney general with the aid of the county attorneys of the several counties to enforce the provisions of this chapter upon notification from the commission of any violations thereof.
Source. 1935, 27:26. RL 171:29.
Racing and Charitable Gaming
Section 284:6
284:6 Repealed by 1982, 42:139, eff. June 29, 1982. –
Section 284:6-a
284:6-a Racing and Charitable Gaming; Lottery Commission. –
I. The regulation of racing and charitable gaming shall be under the authority of the lottery commission established under RSA 284:21-a.
II. The lottery commission shall assume the powers, rights, duties, and responsibilities granted to the racing and charitable gaming commission The lottery commission shall, in carrying out the purpose of this chapter, use the applicable provisions for horse racing independent of the applicable provisions for simulcast dog racing.
III. The lottery commission shall have all the powers, duties, and rights conferred upon state commissions under the United States Interstate Horseracing Act of 1978 as it currently exists and as it may be amended from time to time.
IV. The lottery commission shall administer RSA 287-E relating to bingo and lucky 7.
IV-a. The lottery commission shall include a summary in its annual report under RSA 284:11 regarding the financial impact of shared carry-over coverall games to participating charities and the state, and any recommendations it has regarding the continuation of shared carry-over coverall games in New Hampshire.
V. The lottery commission shall administer RSA 287-D, relating to games of chance conducted by charitable organizations.
VI. The lottery commission shall not authorize the use of any electronic gaming device in connection with the acceptance of wagers on running or harness horse racing, whether live or simulcast, or simulcast dog racing, the type of which was not in use prior to January 1, 2011, unless specific authorization for such electronic gaming device is enacted by the general court. Electronic gaming devices shall mean and include all electro-mechanical instruments and devices used for the purposes of gaming, other than wagering on live or simulcast horse racing or simulcast dog racing, whether in physical presence or through the Internet, and such shall include, but not be limited to, video slot machines and other gambling devices which function or are designed to function to emulate a video slot machine or historic racing machine. This section shall not be interpreted to prohibit licensees under RSA 284 from replacing equipment used in the conduct of wagering on live or simulcast horse racing or simulcast dog racing, which type of equipment was in service prior to January 1, 2011, with updated or new equipment which are the functional equivalent of the machines which are being replaced, provided the equipment is not an electronic gaming device as described in the previous sentence. This section shall not be interpreted as prohibiting licensees from accepting account wagers in compliance with applicable rules and regulations.
Source. 1971, 541:18. 1982, 42:140. 1985, 58:1. 1991, 68:5. 1996, 157:2. 2004, 257:3. 2006, 311:2. 2007, 156:9. 2008, 25:1. 2010, 272:2. 2011, 259:25. 2015, 276:121, eff. July 1, 2015. 2016, 10:3, eff. Sept. 14, 2016.
Section 284:6-b
284:6-b Repealed by 2014, 329:5, eff. Dec. 15, 2015. –
Section 284:7
284:7 Repealed by 2015, 276:136, I, eff. July 1, 2015. –
Section 284:8
284:8 Assistants. – The lottery commission is authorized to employ such assistants and employees as it may deem necessary to provide adequate policing and to carry out the purposes hereof at such compensation per racing program as the lottery commission may prescribe, subject to the regulations of the state personnel commission. The lottery commission shall specify the duties to be performed by its assistants and employees and it shall have authority, for cause, to terminate the employment of any member of its personnel, subject to the regulations of the state personnel commission. It shall be unlawful, however, for the lottery commission to appoint to any position under its jurisdiction any state, county, city, or town official or employee, except police officers and public school teachers, whose total annual salary or compensation from said state, county, city, or town exceeds $1,000.
Source. 1933, 62. 1935, 27:4. RL 171:4. 1947, 280:1. 1950, 9:1. RSA 284:8. 1975, 495:2. 1977, 235:1. 2015, 276:127, eff. July 1, 2015.
Section 284:9
284:9 Repealed by 2015, 276:136, II, eff. July 1, 2015. –
Section 284:10
284:10 Repealed by 1997, 27:11, II, eff. June 24, 1997. –
Section 284:11
284:11 Repealed by 2015, 276:136, III, eff. July 1, 2015. –
Section 284:12
284:12 Rulemaking. –
The lottery commission shall adopt rules, pursuant to RSA 541-A, relative to:
I. Holding running or harness horse races or meets for public exhibition.
II. [Repealed.]
III. The operation of racetracks on which running or harness horse race meets are held and the facilities where simulcast of running or harness horse racing or dog racing are presented.
IV. The sale of pari-mutuel pools as authorized under RSA 284:22 and RSA 284:22-a.
V. [Repealed.]
VI. Rules of racing for running and harness horse races or meets as provided in RSA 284:19.
VII. Sanctions and penalties imposed on the trainer of record provided in RSA 284:38-a.
VIII. [Repealed.]
IX. Rules for bingo and lucky 7 as authorized under RSA 287-E.
X. Rules for games of chance conducted by charitable organizations under RSA 287-D.
XI. [Repealed.]
Source. 1933, 62. 1935, 27:8. RL 171:8. 1947, 280:3. 1949, 226:2. RSA 284:12. 1971, 498:1. 1985, 58:2. 1991, 68:4. 2004, 59:5; 257:4; 261:2. 2006, 311:3. 2008, 25:1. 2009, 144:98. 2010, 272:3, 21, I-III. 2011, 259:24. 2014, 329:3. 2015, 276:127, eff. July 1, 2015.
Section 284:12-a
284:12-a License Required; Investigation Fees. –
I. No person, association, corporation, or any other type of entity shall hold any live running or harness race or meet, or shall conduct any simulcast running or harness horse or dog race or meet, at which pari-mutuel pools are sold without a license from the lottery commission.
II. Investigation fees shall be collected by the lottery commission and shall be continually appropriated to the lottery commission and used by the lottery commission to offset the costs of conducting background checks and monitoring of license applicants and licensees as required under this section, RSA 284:16, RSA 284:16-a, RSA 284:19, RSA 284:20, RSA 284:22, and RSA 284:22-a. Funds received hereunder and not expended for such investigations shall lapse to the special fund established in RSA 284:21-j 2 years after receipt of such funds.
Source. 1971, 541:3. 1985, 58:3. 2006, 287:1. 2009, 144:99. 2010, 272:4. 2013, 264:6. 2015, 276:127, eff. July 1, 2015.
Section 284:13
284:13 Supervision and Hearings. –
I. The lottery commission shall have the power to conduct hearings at which all matters pertaining to the administration of the affairs of the commission and all activities conducted under its jurisdiction may be investigated and determined and, under the hand of its chairperson, to issue subpoenas for the attendance of witnesses at such hearings. The lottery commission on its own motion or at the request of any party may cause a complete record to be made of such hearings by a competent reporter or by electronic recording which shall be transcribed at the request and expense of any party desiring the same, and a copy of such transcription shall be furnished to any other party upon the written request and at the expense of such other party. If the record is not transcribed, the lottery commission shall prepare a summary record of the proceedings and evidence. Any member of the lottery commission, or the commission’s designee, may administer oaths and affirmations, examine witnesses, and receive testimony and shall forward findings to the full commission as part of the hearing. Disobedience of such subpoenas or false swearing before the lottery commission shall be attended with the same penalties as if such disobedience or false swearing occurred in an action in the superior court. The lottery commission shall have the power and authority to regulate, supervise and check the making of pari-mutuel pools and the distributions therefrom. It shall have the further power and authority to investigate as to the direct and indirect ownership and control of any licensee, and any expense incurred by the lottery commission in so doing shall be at the expense of such licensee or of the applicant for a license. Any party aggrieved by any final decision entered in proceedings before the lottery commission may, within 10 days after such decision is entered, appeal to the superior court by petition specifying the grounds upon which the decision is claimed to be unreasonable or unlawful. Findings and decisions by the lottery commission shall be deemed to be prima facie lawful and reasonable, and shall not be set aside on appeal unless found to be arbitrary, capricious, unreasonable, or unlawful.
II. The lottery commission may, in accordance with the rules adopted in accordance with RSA 541-A, appoint a hearings officer or hearings officers, as necessary, to preside over such hearings as are required to comply with federal and state statutes and federal or state rules or regulations. The decision of the officer shall not be contrary to rules adopted by the lottery commission pursuant to RSA 541-A. The officer’s decision shall be binding on all parties unless such decision is overturned on appeal.
Source. 1933, 62. 1935, 27:22. RL 171:25. 1949, 226:8. RSA 284:13. 1975, 263:1. 1996, 157:4. 2015, 276:122, eff. July 1, 2015.
Section 284:13-a
284:13-a Temporary Stay Orders. –
I. The lottery commission may issue a temporary stay order to stay any ruling or penalty which would be incurred by the appellant if the ruling, order, or decision of the judges is allowed to stand prior to a decision in such matter by the lottery commission. The granting of a temporary stay order by the lottery commission shall carry no presumption that the decision of the judges is or may be invalid. The lottery commission may dissolve a temporary stay order at any time.
II. A bond of $100 shall be filed with the lottery commission before consideration shall be given to granting a stay. The bond shall be forfeited if the lottery commission considers the appeal frivolous. If the lottery commission does not find the appeal to be frivolous, then the bond filed with the lottery commission shall be returned to the appellant within a reasonable time.
Source. 1986, 164:3. 2015, 276:127, eff. July 1, 2015.
Section 284:14
284:14 Breeding of Horses. – The lottery commission shall encourage and promote the improvement of the breed of horses in New Hampshire. It may accept donations of thoroughbred, standardbred, or other well-bred stallions by licensees or others to the state for this purpose. It may cooperate with and aid the officials of the University of New Hampshire in furthering this program.
Source. 1933, 62. 1935, 27:23. RL 171:26. 2015, 276:127, eff. July 1, 2015.
Section 284:14-a
284:14-a Repealed by 2010, 272:21, IV, eff. Jan. 1, 2011. –
Section 284:14-b
284:14-b Public Greyhound Racing Kennels [Omitted.] –
Section 284:14-c
284:14-c Repealed by 2010, 272:20, II, eff. Jan. 1, 2015. –
Section 284:14-d
284:14-d Repealed by 2010, 272:20, I, eff. Jan. 1, 2015. –
Licenses and Supervision
Section 284:15
284:15 License. –
I. Any person, association, or corporation desiring to hold or simulcast a running or harness horse race or meet for public exhibition, at or for which pari-mutuel pools are to be sold, shall apply to said lottery commission for a license to do so. The application shall be signed and sworn to by the person or executive officer of the association or corporation and shall contain the following information:
(a) The full name and address of the person, association, or corporation.
(b) If an association, the names and residences of the members of the association.
(c) If a corporation, the name of the state under which it is incorporated with its principal place of business and the names and addresses of its directors and stockholders.
(d) The exact location where it is desired to conduct or hold races or race meets.
(e) Whether or not the racing plant is owned or leased, and if leased, the name and residence of the fee owner, or if a corporation, of the directors and stockholders thereof.
(f) A statement of the assets and liabilities of the person, association, or corporation making such application.
(g) Such other information as the lottery commission may require.
II. It shall be the responsibility of any license applicant or holder to inform the lottery commission immediately of any material change or anticipated material change in the information required in this section.
III. The lottery commission shall have the power to require, at the applicant’s or holder’s expense, that any financial information provided under paragraphs I and II be verified by an audit performed by a certified public accountant. The lottery commission shall have the further power to require that as a condition of securing a license or of continuing to hold a license the license applicant or holder make available its books and records so as to permit the lottery commission to perform such independent auditing or financial analysis as the lottery commission may deem necessary. In so doing, the lottery commission may employ certified public accountants and any other financial analysts or investigators necessary to perform said auditing and may bill the license applicant or holder for all costs associated with the auditing.
Source. 1935, 27:10. RL 171:10. 1949, 226:4. RSA 284:15. 1977, 28:1. 2006, 287:2. 2009, 144:100. 2015, 276:127, eff. July 1, 2015.
Section 284:15-a
284:15-a Requirements for License to Simulcast Dog Racing. –
I. Subject to the provisions of RSA 284:15-a, V and VI, any person, association, or corporation desiring to simulcast a dog race at or for which pari-mutuel pools are sold, shall apply to the lottery commission for a license to do so. The application shall be signed and sworn to by the person or executive officer of the association or corporation and shall contain the following information:
(a) The full name and address of the person, association, or corporation.
(b) If an association, the names and residences of the members of the association.
(c) If a corporation, the name of the state under which it is incorporated with its principal place of business and the names and addresses of its directors and stockholders.
(d) The location of the facility where it desires to conduct simulcast dog racing, provided, however, the location of such facility must be a place at which live dog racing was conducted in 2008 and the operator of such facility was licensed by the lottery commission in 2010 to accept pari-mutuel wagers on simulcast races pursuant to RSA 284:22-a.
(e) Whether or not the facility is owned or leased, and if leased, the name and residence of the fee owner, or if a corporation, of the directors and stockholders thereof.
(f) A statement of the assets and liabilities of the person, association, or corporation making such application.
(g) Such other information as the lottery commission may require.
II. It shall be the responsibility of any license applicant or holder to inform the lottery commission immediately of any material change or anticipated material change in the information required in this section.
III. The lottery commission shall have the power to require, at the applicant’s or holder’s expense, that any financial information provided under paragraphs I and II be verified by an audit performed by a certified public accountant. The lottery commission shall have the further power to require that as a condition of securing a license or of continuing to hold a license the license applicant or holder make available its books and records to permit the lottery commission to perform such independent auditing or financial analysis as the lottery commission may deem necessary. In so doing, the lottery commission may employ certified public accountants and any other financial analysts or investigators necessary to perform auditing and may bill the license applicant or holder for all costs associated with the auditing.
IV. A person, association, or corporation which is issued a license pursuant to RSA 284:16-a may, with the approval of the lottery commission, accept wagers on simulcast running or harness horse racing.
V. A person, association, or corporation which is issued a license pursuant to RSA 284:16 may, with the approval of the lottery commission, accept wagers on simulcast dog racing.
VI. In the event that a simulcast signal of dog racing is unavailable for an applicant under this section for any reason or cause, such applicant may apply for a license to simulcast horse racing only under this section and the lottery commission may issue such a license under RSA 284:16-a allowing the applicant to simulcast horse racing only.
Source. 1971, 541:5. 1995, 130:5. 2009, 144:101. 2010, 272:5. 2015, 276:127, eff. July 1, 2015.
Section 284:15-b
284:15-b Disclosure of Information; Expenses of Investigations. –
I. Any person, association, corporation, or any other type of entity applying for or holding a license issued pursuant to the provisions of this chapter shall file annually, not later than December 31, with the attorney general a complete and detailed written statement, signed under oath, by the applicant or holder of such license, if an individual, or by the officers of the applicant or holder, if a corporation or an association, containing the following information:
(a) The name, residence address, and nature of the ownership interest, including where applicable the number of shares of stock held and, if known, how obtained, of every person who possesses an ownership interest in such license applicant or holder;
(b) The name, address, present principal occupation or employment, and the name and principal business of any corporation or other organization in which such employment is carried on of every director, officer, and holder of 10 percent or more ownership interest in such license applicant or holder;
(c) The name and all information which a license applicant or holder has or might reasonably be expected to have as to any felony convictions of any officer, director, or holder of an ownership interest of any degree; provided, that if the license applicant or holder is an association or corporation in which 25 or fewer individuals or organizations hold an ownership interest or stock, then the information required by subparagraphs (a) and (b) shall be provided by each such interest holder or stockholder, who shall be further required to submit a detailed statement of assets and liabilities on forms prescribed by the attorney general; and
(d) Such information as the commissioner may prescribe by rule or rejection.
II. The attorney general shall have the authority to conduct an investigation on the attorney general’s motion into the background of the license applicant or holder, of any person included in paragraph I or of any person or entity upon whom the license applicant or holder relies for financial support. In addition, whenever the lottery commission shall receive an application, it shall refer the application to the attorney general who shall conduct such an investigation. The investigation may be conducted through any appropriate state or federal law enforcement system and may seek information as to the subject’s financial, criminal or business background, or any other information which the attorney general, in the attorney general’s sole discretion, may find to bear on the subject’s fitness to be associated with racing in New Hampshire, including, but not limited to, the subject’s character, personal associations, and the extent to which the subject is properly doing business in the manner in which it purports to operate. When the lottery commission requests such an investigation, the attorney general shall report the results of such investigation to the lottery commission within 90 days after the receipt of the request. Notwithstanding any other law to the contrary, the results of any such investigation shall be confidential and shall not be subject to disclosure or to public inspection, except that the attorney general shall have sole discretion to determine the extent to which and the manner in which the results may be reported to the lottery commission or other state agency or official and, if reported, whether such results are to retain their confidential character; provided, however, that whenever the attorney general conducts such an investigation, the attorney general shall notify the lottery commission whether or not in the attorney general’s opinion such person is fit to be associated with racing in New Hampshire. Notwithstanding any other provision of law, no person shall be issued or hold a license if in the opinion of the attorney general such person is not fit to be associated with racing in this state.
III. The expenses of the lottery commission and the office of attorney general in conducting any investigation authorized in this section, including the services of consultants, experts, accountants, and other assistants, shall be a direct charge against the applicant or holder. Total expenses under this paragraph shall not exceed $50,000, except with the approval of the fiscal committee of the general court.
IV. In any investigation conducted pursuant to paragraph II, the attorney general or any duly authorized justice department staff member may require, by subpoena or otherwise, the attendance of witnesses and the production of such correspondence, documents, books, and papers as the attorney general or staff member deems advisable, and for purposes of this section, may administer oaths and take the testimony of witnesses. No person shall be excused from testifying or from producing any book or paper in any investigation conducted pursuant to paragraph II upon the ground that such testimony or documentary evidence might tend to incriminate such person; provided that if, after a claim of privilege, the attorney general, in writing, orders such person to testify or produce documentary evidence, that person shall not be prosecuted, punished, or subjected to any penalty or forfeiture for or on account of any act, transaction, matter, or thing which such person, under oath, disclosed or produced. No person so testifying shall be exempt from prosecution or punishment for any perjury committed by such person in such testimony.
Source. 1971, 541:22. 1972, 32:2. 1977, 28:2. 1981, 570:6, 7. 1996, 157:5. 2006, 287:3. 2015, 276:127, eff. July 1, 2015.
Section 284:15-c
284:15-c Repealed by 2010, 272:21, V, eff. Jan. 1, 2011. –
Section 284:15-d
284:15-d Penalties. – Any person who individually or as an officer of a corporation or association knowingly conceals or assists in the concealment, or fails to disclose, information required to be provided as specified in RSA 284:15-b shall be fined not more than $5,000, or imprisoned for not more than one year or both.
Source. 1972, 32:1, eff. May 16, 1972.
Section 284:16
284:16 Issuance of Licenses. – If the lottery commission is satisfied that all the provisions hereof and the rules and regulations prescribed have been and will be complied with by the applicant and that the financial backing upon which said application is predicated is sound and is committed in support of said application, it may issue a license which shall expire on the thirty-first day of December. The license shall set forth the name of the licensee, the place where the races or race meets or simulcastings are to be held, and the time and number of days during which racing or simulcasting may be conducted by said licensee. Any license issued shall not be transferable nor assignable. Said lottery commission shall have power to revoke any license for good cause upon reasonable notice and hearing. The lottery commission may at any time for cause require the removal of any employee or official employed by any licensee hereunder. The license of any corporation shall automatically cease upon the change in ownership, legal or equitable, of 50 percent or more of the voting stock of the corporation and the corporation shall not hold a running or harness horse race or meet for public exhibition without a new license.
Source. 1935, 27:11. RL 171:11. 1947, 280:2. RSA 284:16. 1977, 28:3. 2009, 144:102. 2015, 276:127, eff. July 1, 2015.
Section 284:16-a
284:16-a Issuance of Licenses. – If the lottery commission is satisfied that all the provisions hereof and the rules and regulations prescribed have been and will be complied with by the applicant and that the financial backing upon which said application is predicated is sound and is committed in support of said application, it may issue a license which shall expire on the thirty-first day of December. The license shall set forth the name of the licensee, the place where the simulcast races or race meets are to be held, and the time and number of days during which simulcast racing may be conducted by said licensee. Any license issued shall not be transferable nor assignable. Said lottery commission shall have power to revoke any license for good cause upon reasonable notice and hearing. The lottery commission may at any time for cause require the removal of any employee or official employed by any licensee hereunder. The license of any corporation shall automatically cease upon the change in ownership, legal or equitable, of 50 percent or more of the voting stock of the corporation and the corporation shall not simulcast any racing without a new license.
Source. 1971, 541:7. 1977, 28:4. 1995, 130:5. 2004, 59:1. 2009, 144:103. 2010, 272:6. 2015, 276:127, eff. July 1, 2015.
Section 284:16-b
284:16-b Condition of Licensee. –
I. The lottery commission shall monitor the condition of its licensees on a continuing basis and shall have the power to revoke, after hearing, any license if in its judgment the condition of the holder thereof does not warrant a continuation of said license, or, in lieu of revocation, to impose such conditions upon the continued possession of the license as the lottery commission deems reasonably necessary.
II. The lottery commission, after conducting a hearing, may require a licensee to divest itself of any partner, person, sub-corporation, shareholder, or any other entity of the licensee if the lottery commission determines that any partner, person, sub-corporation, shareholder, or any other entity of the licensee is not fit to be associated with racing in this state.
III. The licensee shall notify the lottery commission of any change of, or transfer of any of the owners of the voting stock or other voting interest, if the licensee is privately held. In the case of a publicly-traded entity holding the license, the lottery commission shall be notified of any changes to the board of directors, or when more than 10 percent of the publicly-held shares or other voting interest are closely held by one entity. The licensee shall provide such notice to the lottery commission in writing within 10 days of the occurrence of any such event. On receipt of such notice, the lottery commission shall assess whether the change in ownership affects the licensee’s qualifications for continued licensure.
Source. 1977, 28:5. 2006, 287:4. 2015, 276:127, eff. July 1, 2015.
Section 284:16-c
284:16-c License Restricted. – Notwithstanding any other provision of law, the lottery commission shall not issue a license pursuant to RSA 284:16-a to any applicant if the place where the simulcast dog races are to be presented is within a radius of 40 miles of Belmont, Salem, or Seabrook, New Hampshire, provided that the facilities at which simulcast dog racing was licensed by the lottery commission are exempt from this restriction.
Source. 1981, 570:4. 2010, 272:7. 2015, 276:127, eff. July 1, 2015.
Section 284:17
284:17 Restriction on. – On and after June 1, 1947, no license shall be issued by the lottery commission under the provisions hereof for holding a race meet in any town unless and until the town at an annual or special meeting called for the purpose has by majority vote approved of the issuance of said license in said town. Provided, however, that nothing herein contained shall be construed or apply to the issuances of licenses by the lottery commission in towns where licensed race meets have heretofore been held under the provisions of this chapter.
Source. 1947, 155:1. 2015, 276:127, eff. July 1, 2015.
Section 284:17-a
284:17-a Repealed by 2010, 272:21, VI, eff. Jan. 1, 2011. –
Section 284:17-b
284:17-b Repealed by 1986, 164:2, eff. May 28, 1986. –
Section 284:17-c
284:17-c Restriction on Gambling. – Notwithstanding any other provision of law, except as provided in RSA 284:22-a and in the introductory paragraph of RSA 284:22, no licensee who holds running horse races shall at the same facility hold any other kinds of races or permit any other type of gambling except harness horse races and activities licensed by the lottery commission.
Source. 1981, 570:3. 1985, 58:4. 1987, 69:1, I. 1991, 68:3. 2004, 97:8. 2006, 156:1. 2008, 25:1. 2015, 276:123, eff. July 1, 2015.
Section 284:18
284:18 Bond of Licensee. –
I. Every person, association, or corporation licensed under the provisions of the preceding sections hereof, shall, before said license is issued, give a bond to the state in such reasonable sum not exceeding $300,000, as may be fixed by the lottery commission, with a surety or sureties to be approved by the lottery commission, conditioned to faithfully make the payments prescribed hereby, including the payment of unclaimed ticket money and vouchers and the compensation of stewards, veterinarians, or judges employed by the state of New Hampshire at any race or meet and that such reimbursement shall include the employer’s share of old age survivors insurance (OASI) taxes, and to keep its books and records and make reports as herein provided and to conduct its racing in conformity with this chapter and with the rules and regulations prescribed by the lottery commission.
II. Every person, association, or corporation licensed under the provisions of the preceding sections hereof, shall, before said licensee adopts an account wagering plan on any pari-mutuel pool, give a bond to the state in such reasonable sum not exceeding $300,000, as may be fixed by the lottery commission, with a surety or sureties to be approved by the lottery commission, conditioned to faithfully make the payments prescribed hereby.
Source. 1935, 27:12. RL 171:12. 1949, 226:5. RSA 284:18. 1977, 28:6. 1982, 42:145. 2010, 190:2. 2015, 276:127, eff. July 1, 2015.
Section 284:18-a
284:18-a Repealed by 2010, 272:21, VII, eff. Jan. 1, 2011. –
Section 284:19
284:19 Rules of Racing. – The lottery commission shall have the power to make and adopt rules of racing including rules providing for the licensing, supervising, disciplining, suspending, fining and barring from racing, on any tracks under the jurisdiction of the lottery commission, of horses, owners, breeders, authorized agents, sub-agents, nominators, trainers, jockeys, jockey apprentices, jockey agents, and any other persons, organizations, associations, or corporations, the activities of whom affect the conduct and operation of running or harness horse races at racetracks under the jurisdiction of the lottery commission. At such tracks no person shall enter a horse or participate in any running or harness horse race or meet as an owner, agent, nominator, trainer, jockey, jockey apprentice, or jockey agent within the state without having first procured from the lottery commission a license so to act, and paying such fees as the lottery commission may determine to be reasonable and proper. The lottery commission, for proper cause, may issue a temporary license for a period not to exceed 10 days to any person to enable such person on behalf of an owner who is not present in this state to enter a horse or so participate in any running or harness horse race or meet. Such licenses may be revoked by the lottery commission at any time for cause.
Source. 1949, 226:6, par. 12-a. RSA 284:19. 1975, 140:1. 1996, 157:6. 2015, 276:127, eff. July 1, 2015.
Section 284:19-a
284:19-a Prohibition. – No person, association, or corporation shall knowingly employ in any capacity at race tracks under the jurisdiction of the commission any person who has been convicted of violating any state or federal law relative to gambling within a period of 10 years prior to the application for employment. Whoever knowingly violates any of the provisions of this section shall, if a natural person, be guilty of a misdemeanor, and any other person shall be guilty of a felony.
Source. 1967, 293:1. 1973, 528:180, eff. Oct. 31, 1973 at 11:59 p.m.
Section 284:20
284:20 Stewards. – There shall be at least 3 stewards to supervise each running or harness horse race or meet, conducted under the provisions of this chapter, at which pari-mutuel pools are sold. One of such stewards shall be the official steward of the lottery commission, and the remaining stewards shall be appointed by the person, association, corporation, or any other type of entity conducting the race or meet, subject to the approval of the lottery commission. Said stewards shall be authorized to assess fines and suspend licenses and shall exercise such other powers and perform such duties at each race meet as may be prescribed by the rules and regulations of the lottery commission. Any person who has been assessed a fine or whose license has been suspended may appeal any fine or suspension imposed by the stewards under this section to the lottery commission.
Source. 1949, 226:6 par. 12-b. 2006, 287:5. 2015, 276:124, 127, eff. July 1, 2015.
Section 284:20-a
284:20-a Rights Protected. – No licensee conducting a race or meet under this chapter, no member of the lottery commission, no steward, judge, or assistant official appointed to act as such pursuant to the provisions of this chapter, shall be liable for damages to any person, association or corporation for any cause whatsoever arising out of or from the performance by such licensee, commissioner, steward, judge or assistant official of such person’s duties and exercise of discretion with respect to such duties, so long as such person acted in good faith, without malice or improper motive.
Source. 1969, 265:1. 1996, 157:7. 2015, 276:125, 127, eff. July 1, 2015.
Section 284:20-b
284:20-b Repealed by 2010, 272:21, VIII, eff. Jan. 1, 2011. –
Section 284:20-c
284:20-c Veterinarians Appointed. – There shall be a veterinarian appointed by the lottery commission at each race or meet conducted under the provisions of this chapter at which pari-mutuel pools are sold. The governor and council shall approve a rate per performance to be paid to such veterinarians. Said veterinarians shall not be eligible for state fringe benefits. Veterinarians appointed under this section shall exercise such powers and perform such duties at each race or meet as may be prescribed by the rules of the lottery commission.
Source. 1982, 42:144. 2015, 276:127, eff. July 1, 2015.
Section 284:20-d
284:20-d Compensation of Stewards, Judges, and Veterinarians. – Compensation of the lottery commission veterinarian, and of the official state steward or associate judges of the lottery commission shall be reimbursed to the state by the person, association, corporation, or any other type of entity conducting the race or meet, and such reimbursement shall include the employer’s share of OASI taxes. The lottery commission may establish the salaries of the state steward and associate judges. Payments to the state required under this section shall be made no later than 30 calendar days after receipt of billing from the lottery commission. Failure to make payments in the time prescribed shall subject the licensee to a civil forfeiture of up to $50 for each day the payments are overdue, at the discretion of the lottery commission.
Source. 1982, 42:144. 1990, 259:1. 2006, 287:7. 2008, 25:1. 2015, 276:127, eff. July 1, 2015.
Section 284:20-e
284:20-e Repealed by 2007, 263:166, eff. April 1, 2008. –
Section 284:20-f
284:20-f Background and Criminal Records Check. –
I. Each applicant for a license pursuant to this chapter and rules adopted by the lottery commission shall submit to the lottery commission with his or her license application a background and criminal record release authorization form provided or approved by the lottery commission.
II. Upon receipt of an applicant’s background and criminal record information, the lottery commission shall make a determination of eligibility for licensure.
Source. 2006, 287:8. 2008, 25:1. 2015, 276:127, eff. July 1, 2015.
Section 284:20-g
284:20-g Contracting and Payment for Laboratory Testing. –
I. Beginning April 1, 2008, the lottery commission shall contract with a qualified laboratory to provide laboratory testing services for the lottery commission on horses that perform live at racetracks authorized to conduct live racing in the state. The lottery commission shall issue a request for proposals for such services that sets forth the terms and conditions of the proposed service contract, including the requirements of this section, laboratory qualifications, cost per test, and such other information determined to be relevant by the lottery commission. The lottery commission shall present the contract to the attorney general for review and, upon approval by the attorney general, the proposal shall be submitted to the governor and council for approval. The contract shall expire no later than June 30 of the second year of a biennium. Such laboratory test service agreement shall provide that the laboratory shall send each licensee an invoice for such testing in accordance with paragraph III.
II. The total cost of any contract under this section shall not exceed $300,000 annually. In the event that the aggregate cost of testing exceeds $300,000 based solely upon an increase in live racing within the state, the lottery commission may request an increase in the maximum contract amount from the governor and council.
III. Each licensee shall pay the laboratory for the cost of each laboratory test conducted pursuant to the laboratory test service contract on the horse that performed live at the licensee’s track. The laboratory shall provide the licensee with an invoice for such costs within 10 days after the end of each month in which the licensee conducts live racing and the licensee shall pay the invoice within 30 days after receipt of that invoice. Each invoice shall specify the number of tests conducted during the prior month, the identity of the animal tested, the results of each test, and the cost of each test.
Source. 2007, 263:165. 2008, 25:1. 2010, 272:8. 2015, 276:127, eff. July 1, 2015.
Section 284:21
284:21 Penalty. – Except in cases when another penalty is provided in this chapter, any person, association, or corporation holding or conducting, or any person or persons aiding or abetting in the holding or conducting, of any running or harness horse race, whether live or simulcast, or simulcast dog race or meet for public exhibition, at which pari-mutuel pools are sold, without a license duly issued by the lottery commission, or any person, association, or corporation who violates any of the provisions of this chapter, or who violates any of the rules and regulations prescribed by the lottery commission, shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.
Source. 1935, 27:13. RL 171:13. 1949, 226:7. RSA 284:21. 1971, 541:6. 1973, 528:181. 2010, 272:9. 2015, 276:127, eff. July 1, 2015.
Lottery
Section 284:21-a
284:21-a State Lottery Commission. – There shall be and hereby is created a state lottery commission consisting of 3 members who shall be appointed and may be removed for cause by the governor with the advice and consent of the council. One member shall be appointed for one year, one for 2 years and one for 3 years, and upon the expiration of their terms of office their successors shall be appointed for a term of 3 years. Any vacancy shall be filled by appointment for the unexpired term. No member of the commission shall have any pecuniary or other interest in any supplier or agent to the commission or in any licensee licensed under the provisions of this chapter.
Source. 1963, 52:1. 1985, 295:4. 2004, 97:8; 257:6. 2007, 156:10, eff. Aug. 17, 2007.
Section 284:21-b
284:21-b Organization. –
I. The commissioners shall select one from their number to be chairperson and another to be secretary of the commission. Two of the members of the commission shall constitute a quorum to do business. It shall be the duty of the secretary to keep a record of all proceedings of the commission and to preserve all books, documents, papers and records addressed to its care.
II. The commissioners shall appoint an executive director who shall receive the annual salary prescribed by RSA 94:1-a. The lottery executive director shall hold office for a term of 4 years. If a vacancy shall occur, it shall be filled for the remainder of the term. The lottery executive director may be removed by the commission for cause. Upon the effective date of this paragraph, the person who was the executive director shall commence the beginning of the first 4-year term, subject to renewal.
Source. 1963, 52:1. 1996, 157:8. 2015, 276:196, eff. July 1, 2015.
Section 284:21-c
284:21-c Bond. – Members of the commission shall give bond to the state in such amount as shall be determined under the provisions of RSA 93-B.
Source. 1963, 52:1; 200:2. 2007, 112:2, eff. Aug. 10, 2007.
Section 284:21-d
284:21-d Compensation. – Each member of the commission shall receive a salary in accordance with RSA 94:1-a, II and shall be allowed reasonable expenses, including transportation, incurred in the performance of the member’s duties.
Source. 1963, 52:1. 1996, 157:9. 2007, 112:1, eff. Aug. 10, 2007.
Section 284:21-e
284:21-e Office. – The commission shall have an office in Concord or in a municipality that borders Concord.
Source. 1963, 52:1. 2007, 292:1, eff. Sept. 1, 2007.
Section 284:21-f
284:21-f Disbursements. – The compensation of the commissioners, expenses of the commissioners, compensation of assistants and other necessary expenses of the commission, including suitable furniture, equipment, supplies and office expense shall be charged to and paid out of the funds received under the provisions of this subdivision, provided that no payment shall be made until sufficient money has been received under the provisions of this subdivision to cover said payments. The state lottery commission shall submit an operating budget based on accounting units or other budgetary units required by the general court. The commission shall submit its budget in the same format and at the same time as other state agencies. However, the commission is authorized to transfer funds between line items within and among any budgetary unit. The commission shall submit reports annually 60 days after the close of each fiscal year to the fiscal committee of the general court detailing all transfers made during the last fiscal year and the reasons for them.
Source. 1963, 52:1. 2007, 292:2. 2012, 247:4, 27, eff. Aug. 17, 2012.
Section 284:21-g
284:21-g Report of the Commission. – The commission shall make an annual report to the governor including therein an account of its actions, receipts derived under the provisions of this subdivision, the practical effects of the application thereof, and any recommendation for legislation which the commission deems advisable. Such report shall be submitted on or before February 1 and the commission shall not be required to submit a separate report under RSA 20:7.
Source. 1963, 52:1. 2007, 112:3. 2015, 259:19, eff. July 1, 2015.
Section 284:21-h
284:21-h Authorization; Sale of Tickets; Advertising. –
I. The lottery commission is hereby authorized:
(a) To conduct public drawings at such intervals and in such places within the state as the commission may determine.
(b) [Repealed.]
(c) To conduct pure lotteries if the commission determines that such program will best accomplish the purposes of this subdivision.
(d) To participate in any international, national, or multistate pure lotteries.
II. Tickets for such pure lotteries:
(a) Shall be sold by the lottery commission (1) in state liquor stores and the state liquor commission is hereby directed to cooperate with the lottery commission in the sale of such tickets, and (2) within the enclosure of any track where a race or race meet is conducted by license issued under this chapter and the lottery commission is authorized to request and accept cooperation of the licensee in the sale of such tickets therein.
(b) May be sold by the lottery commission in the following locations: Branch offices of the commission, to be established at the information area adjacent to the Hampton toll station and the Hooksett toll station, and commission’s office in Concord. Each branch office at the Hooksett and Hampton toll stations will be in a new building to be constructed by the department of transportation in accordance with their design and specifications. The lottery commission is hereby authorized to contract with the department of transportation for the construction of these buildings, the cost of which will be a charge against lottery revenue. Tickets sold at any of the locations provided for by this subparagraph shall be sold only by lottery commission employees or through automatic ticket dispensing machines.
(c) May be sold by the lottery commission in the following locations:
(1) At, within, or upon the following premises owned or controlled by the state: Franconia State Park, Hampton Beach State Park, Mount Sunapee State Park, and Crawford Notch State Park. The state agency responsible for the operation of these locations shall have regulatory powers over the sales and advertising of lottery tickets at the above locations.
(2) At, within, or upon the following premises owned or controlled by a political subdivision of the state: Weirs Beach, provided, however, that the voters of the city of Laconia have signified their approval of the sale of lottery tickets in said city pursuant to the provisions of RSA 284:21-k at the biennial election of November, 1966 and so signify biennially thereafter. The lottery commission shall obtain prior permission from the administrative authorities for this location before selling tickets at, within, or upon these premises.
(d) May be sold by or for the lottery commission at designated locations, other than grounds and campuses of public and private schools, colleges, and universities, by persons, whether natural, associate, or corporate, authorized to sell such tickets on a 5 percent commission basis for services rendered. The commission shall pay a 10 percent commission on those sales made during a fiscal year which exceed the sales made during the previous fiscal year. The lottery commission shall report quarterly to the fiscal committee of the general court on commissions paid under this subparagraph. All sales shall be subject to the rules and regulations of the commission provided:
(1) [Repealed.]
(2) That voters of the towns and cities in which sales outlets are located, have signified approval of lottery ticket sales pursuant to RSA 284:21-k.
(e) May be sold by or for the lottery commission through the use of mobile applications by mobile devices or over the Internet. With respect to such sales, the lottery commission shall provide:
(1) Age verification measures to be undertaken to block access to and prevent sales of lottery tickets to people under the age of 18 years. Such measures shall include requiring players to register for an account at a lottery retailer licensed pursuant to this chapter.
(2) That lottery purchases shall be limited to transactions initiated and completed within the geographic borders of the state of New Hampshire.
(3) Wager limits for daily, weekly, and monthly amounts for each player and account consistent with the best practices in addressing problem gambling.
(4) A voluntary self-exclusion program for players to self-exclude themselves from wagering for set periods of time.
II-a. Owners of retail establishments who have been convicted of a felony within the previous 10 years which has not been annulled by a court, or a misdemeanor involving falsehood or dishonesty within the previous 5 years which has not been annulled by a court, shall not be allowed to sell lottery tickets in their retail establishment.
III. No tickets shall be sold at any locations to minors.
III-a. (a) Any owner of a retail establishment or sale outlet who sells or distributes any substance containing a synthetic drug as defined in RSA 359-O:2 shall be guilty of a violation.
(b) The lottery commission shall deny an application for issuance or renewal of a license, or suspend or revoke a license, when the commission finds that the applicant or owner of a retail establishment or sale outlet is guilty of selling or distributing any substance containing a synthetic drug. In case of an appeal, the license of an owner of a retail establishment or sale outlet may be suspended at the discretion of the commission during the pendency of such appeal.
IV. The lottery commission is authorized to advertise the sale of tickets at each sales location and through other advertising media as the commission deems necessary to increase lottery sales.
V. [Repealed.]
VI. The commission shall not authorize the use of any electronic gaming device in any game, lottery, or other offering which was not in use by the commission on or before January 1, 2011, unless specific authorization for such electronic gaming device is enacted by the general court. Electronic gaming devices shall mean and include all electro-mechanical instruments and device used for the purpose of gaming and shall include video slot machines and other gambling devices which function or are designed to emulate a video slot machine or other gambling machine, historic racing machine, and computer technology to reveal instant ticket winners. This section shall not be interpreted to prohibit the commission from replacing offerings, games, or equipment which were in service prior to January 1, 2011 with new offerings, games, or equipment which are the functional equivalent of those offerings, games, or equipment which are being replaced.
VII. The lottery commission may develop and implement an employee recognition program for monetary incentives to promote increased sales and compensate lottery sales representatives based upon performance and funded from an existing lottery budget line item. The incentive program shall be implemented through rules adopted by the lottery commission in accordance with RSA 541-A. The lottery commission shall report quarterly to the fiscal committee of the general court on the status of the incentive program.
Source. 1963, 52:1; 200:3. 1965, 200:1. 1967, 42:1; 304:1. 1971, 287:2; 536:1, 2; 573:1. 1973, 484:1. 1975, 361:1. 1977, 462:1, 2. 1995, 308:95. 2002, 108:1. 2004, 97:4, 8; 257:34. 2005, 277:1. 2006, 233:1-3, 7, I. 2007, 112:4-9; 311:1, 2. 2011, 224:90; 259:26. 2015, 204:4, eff. July 6, 2015; 276:17, eff. July 1, 2015. 2017, 156:242, 243, eff. July 1, 2017.
Section 284:21-hh
284:21-hh Insurance Authorized. – The commission is hereby authorized to purchase such insurance as it may deem necessary or desirable to insure itself, the state of New Hampshire and its ticket sales agents against any claims which may arise out of the acts or omissions of any such agent in connection with or in any way related to the sale of tickets. Such insurance shall be purchased on behalf of the commission by the department of administrative services, division of procurement and support services.
Source. 1979, 491:1. 2014, 327:66, eff. Aug. 2, 2014.
Section 284:21-i
284:21-i Administrative and Rulemaking Provisions. –
I. The lottery commission shall be empowered to employ such technical assistants and employees to carry out the provisions of this subdivision as the governor and council shall authorize. Such assistants and employees shall receive compensation at rates to be established by the personnel commission. No employee of the commission shall have any pecuniary or other interest in any supplier or agent to the commission or in any licensee licensed under this chapter.
II. The lottery commission shall adopt rules under RSA 541-A after public hearing relative to:
(a) Holding and conducting drawings and the sale of tickets for such drawings;
(b) [Repealed.]
(c) Establishing:
(1) The price for which tickets for drawings shall be sold; not to exceed $30 per ticket.
(2) The method by which tickets sold for drawings shall be determined to be winning tickets.
(3) The money or prizes to be awarded holders of winning tickets.
[Paragraph II(c)(4) contingently repealed by 1996, 157:14, I, effective as provided by 1996, 157:14, I(a), I(b).]
(4) The assignment ability of winning tickets, including appropriate consumer protection provisions.
III. In establishing the money or prizes to be awarded the holders of winning tickets, the lottery commission shall be governed by the primary purpose of the lottery and sweepstakes, to raise revenue for the benefit of public education. They shall conduct such studies and make such investigations, either directly or through their agents, as will apprise them of prizes and money awarded to the holders of winning tickets in similar drawings wherever held. They shall fix the prizes and amounts of money to be awarded winners in such manner as will yield the largest net revenue for the benefit of public education, bearing in mind the expenses to be incurred, and all other factors which tend to influence net revenue.
IV. The commission shall adopt a uniform set of rules under RSA 541-A and after public hearing applicable to all instant sweeps games, including, but not limited to, how prizes are claimed and how tickets are validated. The commission may establish the following requirements without adopting rules under RSA 541-A, provided such requirements are printed clearly on the tickets issued by the commission:
(a) The name of the game;
(b) The cost of the ticket;
(c) The amount of instant prizes;
(d) The method for determining winning tickets which is unique to that particular game.
V. (a) The commission shall adopt rules under RSA 541-A and after public hearing relative to daily numbers games, including, but not limited to:
(1) Rules of the game.
(2) Types of bets.
(3) Prize payments for each type of bet.
(4) Ticket validity, including the appeal process to the commission for decisions made by representatives of the commission appointed by the commission to carry out its rules.
(5) Requirements of ticket agents.
(b) The commission or its designee may establish the following requirements relative to daily numbers games without adopting rules under RSA 541-A, provided that the commission or its designee gives notice of said requirements in a newspaper or daily statewide publication at least 24 hours in advance of taking any action:
(1) Limitation on the number of bets.
(2) Conduct of drawings, including cancellation and rescheduling of drawings.
(3) Cost of tickets.
VI. The lottery commission shall adopt a uniform set of rules under RSA 541-A and after public hearing applicable to all games administered by the Multi-State Lottery Association, including, but not limited to, how prizes are claimed and how tickets are validated. The commission may establish the following characteristics without adopting rules under RSA 541-A, provided that the commission or its designee gives notice of said characteristics in a public announcement at least 10 business days in advance of taking any action:
(a) Conduct of drawings.
(b) The numbers and or symbols chosen from a set or sets of designated numbers or symbols to determine prize winners.
(c) Prize value of each prize category for standard or promotional drawings.
(d) The price of each bet.
(e) The frequency of the drawings.
Source. 1963, 52:1; 200:1. 1967, 304:2. 1977, 462:3. 1985, 295:3. 1986, 164:4. 1996, 157:10. 2000, 217:1. 2004, 97:5; 257:7. 2005, 82:1. 2006, 233:4-6, 7, II. 2007, 263:4, 5. 2009, 117:1, eff. Aug. 21, 2009.
Section 284:21-ii
284:21-ii Repealed by 1981, 444:4, eff. July 1, 1981. –
Section 284:21-j
284:21-j Establishment. –
I. The state treasurer shall credit all moneys received from the lottery commission under RSA 284, RSA 287-D, and RSA 287-E, and interest received on such moneys, to a special fund from which the treasurer shall pay all expenses of the commission incident to the administration of this subdivision and all administration and enforcement expenses of racing and charitable gaming under RSA 284, RSA 287-D, and RSA 287-E. Any balance left in such fund after such expenses are paid shall be deposited in the education trust fund established under RSA 198:39.
II. Notwithstanding any other provision of law, if the expenditure of additional funds over budget estimates is necessary for the proper functioning of the lottery commission, the commission may request, with prior approval of the legislative fiscal committee, that the governor and council authorize the transfer of funds from the sweepstakes fund for expenses related to retirement and health benefits.
Source. 1963, 52:1. 1965, 239:15. 1967, 421:1. 1973, 148:1. 1981, 444:3. 1983, 417:3. 1985, 244:9. 1987, 201:1. 1989, 414:2. 1997, 137:1. 1999, 17:45. 2002, 224:1. 2004, 97:6; 257:8. 2006, 311:4. 2008, 25:1. 2011, 224:87. 2015, 276:126, eff. July 1, 2015.
Section 284:21-jj
284:21-jj Lottery Commission Funds. –
I. Notwithstanding any provision of law to the contrary, in order to allow the lottery commission to efficiently handle its funds, the commission is authorized to have service fees paid to banks and sales outlets deducted from lottery receipts and, with the approval of governor and council, to have prizes paid by sales outlets from lottery receipts so long as full accountability is assured. The commission is authorized to enter into agreements with banks as to the charges for services rendered. Lottery funds shall be deposited in commercial banks throughout the state. These funds shall be transferred on a weekly basis to the state treasurer.
II. Notwithstanding any provision of law to the contrary, in order to allow the lottery commission to efficiently distribute instant tickets, the commission may have instant ticket delivery fees deducted from lottery receipts. The commission is authorized to enter into agreements or contracts with third parties for instant ticket delivery service. Such agreements or contracts shall have the prior approval of governor and council.
Source. 1977, 129:1. 2004, 97:8. 2005, 177:59, eff. July 1, 2005.
Section 284:21-k
284:21-k Sale; Local Option. –
I. Whether or not the lottery commission may continue to sell tickets in a city or town shall be determined as provided in RSA 663:7 and 8.
II. Recounts of any votes taken pursuant to RSA 663:7 shall be subject to RSA 660:13 through 15.
Source. 1963, 52:1. 1967, 304:3. 1971, 287:1. 1979, 436:6. 2004, 97:8, eff. July 10, 2004.
Section 284:21-kk
284:21-kk Repealed by 1979, 436:7, III, eff. July 1, 1979. –
Section 284:21-l
284:21-l Effect on Other Laws. – All acts and parts of acts inconsistent with the provisions of this subdivision are hereby amended to the extent of the provisions of this subdivision.
Source. 1963, 52:1, eff. June 29, 1963.
Section 284:21-m
284:21-m Special Taxes. – If the governor and council so authorize, the lottery commission may add to the selling price authorized under RSA 284:21-i an amount not in excess of the amount of any tax levied against the proceeds in the hands of said commission, and the commission may pay such taxes out of such proceeds, but only under protest. In paying any such tax the commission is instructed to assert with its protest, in addition to such other reasons as it may deem appropriate, the contention of the state of New Hampshire that taxes may not lawfully be imposed upon the type of state revenue raising measures for educational purposes as is represented by the provisions of this subdivision.
Source. 1963, 200:4. 2004, 97:8, eff. July 10, 2004.
Section 284:21-n
284:21-n Constitutionality. – If any clause, sentence, paragraph or part of this subdivision shall, for any reason, be judged invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, or part thereof directly involved in the controversy in which such judgment shall have been rendered.
Source. 1963, 200:4, eff. July 1, 1963.
Section 284:21-o
284:21-o Purchase of Tickets for a Fee Prohibited. – No person shall engage in the business of purchasing or offering to purchase a sweepstakes or lottery ticket or tickets for, in behalf of, or in the name of another for a fee or service charge which shall make the ultimate cost of such ticket or tickets to the registered owner thereof greater than the legal price of such ticket or tickets as established by the lottery commission under the authority of this subdivision. Whoever violates the provisions of this section shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.
Source. 1965, 63:1. 1967, 304:4. 1973, 528:182. 2004, 97:7. eff. July 10, 2004.
Section 284:21-p
284:21-p Effect on Other Laws. – RSA 647 shall not apply to the sale of lottery and sweepstakes tickets provided for by this subdivision.
Source. 1965, 63:1. 1967, 304:5. 1973, 40:2, eff. Nov. 1, 1973.
Section 284:21-q
284:21-q Unclaimed Prize Money. – The lottery commission shall hold unclaimed prize money on a winning ticket for one year after the prize money is awarded. If there is no claim to the money during the one year, or if the lottery commission is unable to locate the holder of a winning ticket during the one year, the lottery commission shall pay the money to the state treasurer at the end of the one year. The state treasurer shall deposit the money into the special fund set up under RSA 284:21-j. A person who has a claim on the prize money after the money has been paid to the treasurer shall make a claim to the legislature for payment.
Source. 1965, 230:1. 1971, 536:3. 1996, 157:11. 2004, 97:8, eff. July 10, 2004.
Section 284:21-r
284:21-r Repealed by 2009, 144:251, eff. July 1, 2009. –
Section 284:21-rr
284:21-rr Winnings Tax Exempt. – Notwithstanding any other provisions of law to the contrary, a recipient of any money or prize awarded pursuant to the provisions of RSA 284:21-i shall be exempt from any tax imposed thereon by the state of New Hampshire.
Source. 2011, 47:2, eff. May 23, 2011.
Section 284:21-s
284:21-s Incentive Awards for Ticket Sellers. – The lottery commission is authorized to pay cash incentives, at a rate established by the commission but not to exceed $75,000 for a winning ticket, as an inducement to employees and agents authorized to sell tickets pursuant to RSA 284:21-h, II(d).
Source. 1973, 484:2. 1977, 455:1. 1997, 137:2. 2004, 97:8. 2007, 311:3, eff. Sept. 11, 2007. 2016, 231:1, eff. Aug. 8, 2016.
Section 284:21-t
284:21-t Repealed by 1981, 444:4, eff. July 1, 1981. –
Section 284:21-u
284:21-u Repealed by 2016, 148:1, I, eff. Jan. 1, 2017. –
Section 284:21-v
284:21-v Child Support Intercept. – The lottery commission and the department of health and human services shall initiate an on-line data system to effect the withholding of child support arrearages from all lottery prizes subject to Federal Tax Form W-2g reporting requirements. The full cost of such on-line data system shall be borne by the department of health and human services. Upon notice from the department of health and human services that an arrearage amount exists, the lottery commission shall withhold such amount from any lottery prize payments and redirect such payments to the department of health and human services in full or partial satisfaction of the arrearage. The lottery commission and the department of health and human services shall adopt rules under RSA 541-A after public hearing relative to withholding prize money from lottery claimants having child support arrearages. The lottery commission shall also provide, by rule, safeguards against the disclosure or inappropriate use of any personally identifiable information regarding any person obtained pursuant to this section.
Source. 1993, 85:1. 1995, 310:181. 2004, 97:8, eff. July 10, 2004.
Pari-Mutuel Pools, and Distribution of Tax Thereon
Section 284:22
284:22 Pari-Mutuel Pools. –
During the calendar years of 1941-2029, a licensee under this chapter may sell pari-mutuel pools in accordance with this chapter and rules adopted by the lottery commission. Pari-mutuel pools shall be sold within the enclosure of the racetrack where a licensed race or race meet is held or as provided in RSA 284:22-a, and not elsewhere.
I. The lottery commission on all win, place, and show pari-mutuel pools at tracks or race meets at which running horse races are conducted for public exhibition shall be uniform throughout the state at the rate of 19 percent of each dollar wagered in such pools, and the lottery commission on all other pari-mutuel pools at such tracks or race meets shall be at the rate of not less than 26 percent of each dollar wagered in such pools and not more than 27 percent of each dollar wagered in such pools as determined from time to time by the licensee which conducts live running horse races after written notice to the lottery commission and, in the absence of written notice, at the rate of 26 percent of each dollar wagered in such pools. Except as provided in RSA 284:22-a, the amount of the purse at such tracks or race meets at which running horse races are conducted shall be 81/4 percent of each dollar wagered in all pari-mutuel pools, said 81/4 percent to be paid by the licensee out of the lottery commission on such pools. In addition to the above lottery commission, 1/2 of the odd cents of all redistribution based on each dollar wagered exceeding a sum equal to the next lowest multiple of 10, known as “breakage”, shall be retained by the licensee, 1/4 paid to the state treasury for the use of the state in accordance with the provisions of RSA 284:2 and 1/4 shall be paid to the lottery commission. The lottery commission shall distribute such breakage to the licensee which paid such breakage to supplement purses of live races conducted by the licensee at the location from which such breakage was paid. Each licensee shall pay the tax provided for in RSA 284:23.
II. The lottery commission on all win, place, and show pari-mutuel pools at tracks or race meets at which harness horse races are conducted for public exhibition, including those conducted by agricultural fairs, shall be uniform throughout the state at the rate of 19 percent of each dollar wagered in such pools, and the lottery commission on all other pari-mutuel pools at such tracks or race meets shall be at the rate of not less than 25 percent of each dollar wagered in such pools and not more than 26 percent of each dollar wagered in such pools as determined from time to time by the licensee which conducts live harness horse racing after written notice to the lottery commission and, in the absence of such written notice, at the rate of 25 percent of each dollar wagered in such pools. In addition to the above lottery commission, 1/2 of the odd cents of all redistribution based on each dollar wagered exceeding a sum equal to the next lowest multiple of 10, known as “breakage”, shall be retained by the licensee, 1/4 paid to the state treasury for the use of the state in accordance with the provisions of RSA 284:2 and 1/4 shall be paid to the lottery commission. The lottery commission shall distribute such breakage to the licensee which paid such breakage. Each licensee shall pay the tax provided for in RSA 284:23.
III. For the purposes set forth in this section, an “agricultural fair” means an association which provides for and pays premiums of $5,000 or more, annually, as is determined by the commissioner of agriculture, markets, and food, in accordance with RSA 284:25.
IV. Subject to the provisions of RSA 284:22-a, V, the lottery commission on all win, place, and show pari-mutuel pools at tracks or race meets at which simulcast dog races are conducted for public exhibition shall be uniform throughout the state at the rate of 19 percent of each dollar wagered in such pools; and the lottery commission on all other pari-mutuel pools at such tracks or race meets shall be at the rate of 27 percent of each dollar wagered in such pools. In addition to the above lottery commission, 1/2 of the odd cents of all redistribution based on each dollar wagered exceeding a sum equal to the next lowest multiple of 10, known as “breakage,” shall be retained by the licensee, 1/4 paid to the state treasury for the use of the state and 1/4 shall be paid to the lottery commission. Each licensee shall pay the tax provided for in RSA 284:23.
Source. 1935, 27:14. 1939, 15:1. 1941, 155:1. RL 171:15. 1943, 83:1. 1945, 117:1. 1949, 24:1; 190:1. 1953, 117:1. RSA 284:22. 1955, 74:1. 1957, 122:1. 1961, 34:1. 1967, 53:1. 1970, 5:14. 1971, 173:1; 498:2; 541:11. 1973, 306:1, 2, 4, I, II. 1974, 13:1; 42:2, 4. 1976, 52:1, 5, I. 1977, 93:1, 2. 1979, 119:1. 1981, 570:5. 1985, 58:5, 6; 282:2. 1986, 4:1. 1987, 69:2. 1988, 92:1; 291:1, 2. 1989, 219:1-3. 1991, 68:1. 1992, 16:1; 185:3. 1993, 358:83-85. 1994, 5:1, 2. 1995, 130:5. 1997, 27:1-5; 351:64. 2004, 59:2. 2008, 25:1. 2010, 272:10, 22. 2015, 276:127, eff. July 1, 2015.
Section 284:22-a
284:22-a Pari-Mutuel Pools on Simulcast Racing. –
I. In this section:
(a) “State” means each state of the United States, the District of Columbia, the Commonwealth of Puerto Rico and any territory or possession of the United States.
(b) “Simulcast” means a licensee’s receipt of the transmission of races conducted at a racetrack other than the licensee’s racetrack and which races are exhibited simultaneously at the licensee’s racetrack by television or other means of electronic reproduction with the conduct of such races at the point of origin and on which races the licensee sells pari-mutuel pools.
(c) “Licensee” means
(1) Any individual, association, partnership, joint venture, corporation, or other organization or other entity which holds a license under RSA 284 to conduct a live running or harness horse race meet, or if the election is made pursuant to RSA 284:22-a, II(c), licensee means the individual, association, partnership, joint venture, corporation, or other organization or entity which applies for a license under RSA 284 to conduct simulcasting at a facility at which live running or harness horse racing was conducted in 2008, or
(2) The individual, association, partnership, joint venture, corporation, or other organization or other entity which applies for a license pursuant to RSA 284:15-a to conduct simulcasting at a facility at which live dog racing was conducted in 2008 and at which facility a license was issued to an applicant for 2010 to simulcast running and harness horse racing and dog racing.
II. (a) During the calendar years 1941-2029, a licensee may sell pari-mutuel pools on races held at racetracks other than at the facility of the licensee, if any, provided:
(1) Such sales are within the enclosure of the facility at which the licensee holds a license;
(2) Wagers are made on races which are exhibited by television or other electronic reproduction at licensee’s facility simultaneously with the conduct of each such race at its point of origin with the agreement or approval of the racetrack which provides the transmission of the races to be simulcast and the racetrack which conducts the races to be simulcast;
(3) Unless the licensee makes the election pursuant to RSA 284:22-a, II(c), the licensee which holds a license to conduct live harness or running horse racing has scheduled at least 50 calendar days of live harness and/or running horse racing in the calendar year such licensee simulcasts; and
(4) The licensee obtains the consents and approvals set forth in RSA 284:22-a, III.
(b) [Repealed.]
(c) Notwithstanding subparagraph II(a), an individual, association, partnership, joint venture, corporation, or other organization or entity may be issued a license to conduct simulcasting without conducting live racing provided such person or entity makes such election with the approval of the commission and such person or entity either held a license on January 1, 2009 under this chapter to conduct a race meet or seeks to conduct simulcasting without conducting live racing at a facility at which live racing was authorized to be conducted in 2009.
(d) Notwithstanding subparagraph II(a), an individual, association, partnership, joint venture, corporation, or other organization or entity may be issued a license to conduct simulcasting without conducting live horse racing at a location in Cheshire county, provided such person or entity applies for, and is issued, a license to conduct live horse racing at such location in Cheshire county, complies with other provisions of this chapter with regard to application and issuance of such license, makes such election with the approval of the commission, and such person or entity has submitted an economic development plan to the commission to conduct a live horse racing meet in Cheshire county within 48 months of the granting of a license. If no live horse racing is conducted within the 48-month period the license to receive simulcast wagers shall be revoked. The commission shall adopt regulations regarding the criteria of the proposed economic development plan prior to issuance of any approval.
III. A licensee may sell pari-mutuel pools on races held at other appropriately licensed racetracks, whether such racetracks are in the state of New Hampshire or outside the state of New Hampshire with the agreement or approval of the racetrack which provides the transmission of the races to be simulcast and the racetrack which conducts the races to be simulcast. A licensee may sell pari-mutuel pools under RSA 284:22-a on the same types of races that it conducts live at its racetrack with the approval of the commission. A licensee may sell pari-mutuel pools under RSA 284:22-a on types of races different from the types of races conducted live at the licensee’s racetrack, or if such licensee holds a license pursuant to RSA 284:15-a and RSA 284:16-a, or the licensee makes the election pursuant to RSA 284:22-a, II(c) with respect to live running or harness horse racing, provided such licensee obtains the approval from the commission and the municipality in which the licensee operates its facility had approved the issuance of a license to conduct harness or running horse racing and/or dog racing, whether live or simulcast, in such municipality either prior to enactment of RSA 284:22-a or subsequent to enactment of RSA 284:22-a.
IV. A licensee which has scheduled less than 50 calendar days of live racing in a calendar year may simulcast on a day on which live racing is scheduled at the licensee’s race track, without conducting live racing, provided that the live racing program is cancelled due to weather or other conditions which produce unsafe conditions at the racetrack of the licensee. The determination to cancel a live program based upon weather or the condition of the racetrack shall be made by the licensee, and notice shall be provided to the commission. Notwithstanding the foregoing, a licensee which has scheduled less than 50 calendar days of live racing shall be limited to no more than 10 such cancellations in a calendar year.
V. (a) A licensee may sell pari-mutuel pools for simulcast races for races held at racetracks within or outside the state of New Hampshire in accordance with RSA 284:22-a, II, within the enclosure of said licensee’s racetrack or a licensee, with the written agreement with the licensee which conducts or transmits the race which is to be simulcast, may sell a common pari-mutuel pool in conjunction with the licensee which conducts or transmits the race which is to be simulcast. In the event of common pools, the licensee which conducts or transmits the race shall pay the tax required under RSA 284:23 for the portion of the common pool actually contributed at said licensee’s racetrack and the licensee which simulcasts shall pay the tax due under RSA 284:23 for the portion of the common pool actually contributed at said licensee’s racetrack.
(b) A licensee may sell pari-mutuel pools for simulcast races for races held at racetracks outside the state of New Hampshire in accordance with RSA 284:22-a, II, within the enclosure of said licensee’s racetrack or said licensee, with the written agreement with the entity which conducts the race which is to be simulcast, may sell a common pari-mutuel pool in conjunction with the entity which conducts the race which is to be simulcast. In the event of such common pools, the commission shall be in the amount established by the law of the state in which the race to be simulcast is actually conducted, provided, however, the licensee shall pay the tax as provided under RSA 284:23.
VI. Racing officials, as defined in the rules adopted by the commission, any employee or owner of the entity which provides the totalizator system to the licensee, and any person responsible for the operation of the electronic reproduction equipment which receives the simulcast shall be prohibited from participating in wagering, directly or indirectly, on simulcast races shown at the licensee’s racetrack.
VII. The provisions of RSA 284:15-c, RSA 284:16-a, RSA 284:16-c, RSA 284:17, RSA 284:17-a, and RSA 284:17-c shall not apply to simulcast and pari-mutuel pools under RSA 284:22-a, except as specifically provided in RSA 284:22-a.
VIII. RSA 284:22, I, II, III, and IV shall apply according to the type of race on which the simulcast wagers are made, excepting, however, interstate common pools as provided in RSA 284:22-a, V(b) and that the provisions made for purses made in RSA 284:22, I shall not apply to simulcast races. The commission on simulcast race pools shall be available to the simulcasting licensee to satisfy obligations to the racing association originating or transmitting such simulcast races or to the horsemen’s group of such association.
Source. 1991, 68:2. 1992, 16:2, 3, 5. 1994, 143:3. 2004, 59:3. 2006, 156:2-4. 2009, 144:104, 105. 2010, 272:11-14. 2012, 256:2, eff. June 18, 2012. 2017, 215:1, eff. Jan. 1, 2018.
Section 284:23
284:23 Tax. –
I. (a) Each person, association or corporation licensed to conduct a running horse race or running horse meet under this chapter shall pay to the state treasurer a sum of money equal to one percent of the total contributions to all pari-mutuel pools conducted, made, or sold at any such race or meet licensed under this chapter. The amounts so paid to the state treasurer shall be for the use of the state.
(b) Each person, association, or corporation licensed to simulcast a running horse race or running horse meet under this chapter shall pay to the state treasurer a sum of money equal to 11/4 percent of the total contributions to all such pari-mutuel pools conducted, made, or sold at such simulcast race or simulcast race meet by such person, association, or corporation licensed to simulcast such races. The amount so paid to the state treasurer shall be for the use of the state.
(c) Any amounts so paid to the state treasurer by any person, association, or corporation licensed to simulcast a running horse race or running horse meet under this chapter collected in Cheshire county shall be held in escrow for a period of not more than 48 months by the state treasurer. If any person, association, or corporation licensed under this chapter has commenced to hold a live race meet within the 48-month period the escrowed amounts shall be paid to the lottery commission to offset any expenses incurred for the services required to hold such meet. If there is no live race meet within the 48-month period all sums so escrowed shall be for the use of the state.
II. (a) Each person, association, or corporation licensed to conduct a harness horse race or harness horse race meet under this chapter shall pay to the state treasurer a sum of money equal to one percent of all total contributions to all pari-mutuel pools in a calendar day. The amount so paid to the state treasurer shall be for the use of the state.
(b) Each person, association, or corporation licensed to simulcast a harness horse race or simulcast a harness horse race meet under this chapter shall pay to the state treasurer a sum of money equal to 11/4 percent of the total contributions to all such pari-mutuel pools conducted, made, or sold at such simulcast race or race meet by such person, association, or corporation licensed to simulcast such races. The amount so paid to the state treasurer shall be for the use of the state.
(c) Any amounts so paid to the state treasurer by any person, association, or corporation licensed to simulcast a harness horse race or harness horse race meet under this chapter collected in Cheshire county shall be held in escrow for a period of not more than 48 months by the state treasurer. If any person, association, or corporation licensed under this chapter has commenced to hold a live race meet within the 48-month period the escrowed amounts shall be paid to the lottery commission to offset any expenses incurred for the services required to hold such meet. If there is no live race meet within the 48-month period all sums so escrowed shall be for the use of the state.
III. (a) [Repealed.]
(b) Each person, association or corporation licensed to simulcast a dog race or simulcast a dog race meet under this chapter shall pay to the state treasurer a sum of money equal to 11/2 percent of all pari-mutuel pools conducted, made, or sold at such simulcast race or simulcast race meet by such person, association, or corporation licensed under this chapter. The amount so paid to the state treasurer shall be for the use of the state.
(c) Any amounts so paid to the state treasurer by any person, association, or corporation licensed to simulcast a dog race or meet under this chapter collected in Cheshire county shall be held in escrow for a period of not more than 48 months by the state treasurer. If any person, association, or corporation licensed under this chapter has commenced to hold a live race meet within the 48-month period the escrowed amounts shall be paid to the lottery commission to offset any expenses incurred for the services required to hold such meet. If there is no live race meet within the 48-month period all sums so escrowed shall be for the use of the state.
IV. Each person, association, or corporation licensed to conduct a race or race meet under this chapter shall also pay to the city or town treasurer in which the racing plant is located for each day of racing, whether such day includes live racing only, simulcast racing only, or a combination thereof, the fees assessed in subparagraphs (a) and (b) below or, in the alternative, the board of selectmen in a town may vote to allow the fee to be assessed at a rate of $10 for each $10,000 or portion thereof, based upon the aggregate pari-mutuel pools conducted, made, or sold by such person, association, or corporation on each such day. This rate is provided if said person, association, or corporation has a license to conduct races or race meets for more than 10 days during the year for which the license is issued. If said person, association, or corporation has a license to conduct races or race meets for 10 days or less, the per diem fee shall be determined by the lottery commission.
(a) Each Weekday including Saturday
Pari-mutuel pool Fee
Under $300,000 $ 300 per day
$300,000 or more $ 350 per day
(b) Each Sunday
Pari-mutuel pool Fee
Under $350,000 $ 400 per day
$350,000 but under $500,000 $ 800 per day
$500,000 or more $1,200 per day
V. [Repealed.]
VI. [Repealed.]
VII. For the purposes of this chapter, “racing program” means live racing with any number of individual races as determined by the lottery commission. A live race or racing program may include a combined live and simulcast race where the combination contains at least one more live race to simulcast in the same combination. Any such live racing program or combined racing program upon which a separate tax is paid may constitute a live racing performance day.
Source. 1935, 27:15. 1939, 15:2. RL 171:16. 1945, 117:2. RSA 284:23. 1955, 74:2. 1957, 122:2. 1959, 181:4. 1967, 53:2. 1970, 5:15. 1971, 541:12, 13. 1973, 306:3; 562:1. 1974, 13:2-4. 1976, 52:2. 1977, 93:3-5; 134:1; 176:1, 2. 1979, 35:1; 119:2, 3; 122:1-3. 1981, 462:5; 570:2. 1982, 42:146-148. 1985, 72:8; 170:1; 180:1. 1986, 4:2. 1987, 154:1; 252:3, 4, 6, I-III . 1988, 291:3, 4. 1989, 219:4, 6. 1992, 16:4; 185:3. 1994, 5:3-5; 253:1, 2. 1995, 224:1, 2. 1997, 27:6-9; 351:65. 2008, 25:1; 285:21, IV. 2010, 272:21, IX, X. 2012, 256:1. 2015, 276:127, eff. July 1, 2015. 2017, 215:2-4, eff. Jan. 1, 2018. 2019, 246:1, eff. July 1, 2019.
Section 284:24
284:24 Payment. – Payments made under RSA 284:23 shall be made no later than 3 calendar days after each racing day. Failure to make payments in the time prescribed shall subject the licensee to a civil forfeiture of $50 for each day the payments are overdue.
Source. 1935, 27:16. RL 171:17. RSA 284:24. 1986, 164:5, eff. May 28, 1986.
Section 284:25
284:25 Repealed by 1987, 252:6, IV, eff. July 1, 1987. –
Section 284:25-a
284:25-a Repealed by 1987, 252:6, V, eff. July 1, 1987. –
Section 284:26
284:26 Repealed by 1987, 252:6, VI, eff. July 1, 1987. –
Section 284:27
284:27 Repealed by 1987, 252:6, VII, eff. July 1, 1987. –
Section 284:28
284:28 Repealed by 1987, 252:6, VIII, eff. July 1, 1987. –
Section 284:29
284:29 Repealed by 1987, 252:6, IX, eff. July 1, 1987. –
Section 284:30
284:30 Repealed by 1987, 252:6, X, eff. July 1, 1987. –
Section 284:31
284:31 Unclaimed Ticket Money. – On or before January 31 of each year every person, association, or corporation conducting a race or race meet, whether live racing or simulcast racing, hereunder shall pay to the state treasurer all moneys collected during the previous year of pari-mutuel pool tickets and vouchers which have not been redeemed. The books or records of said person, association, or corporation, which clearly show the tickets entitled to reimbursement in any given race, live or simulcast, shall be forwarded to the lottery commission. Such moneys shall become a part of the special fund established in RSA 284:21-j. The state treasurer shall pay the amount due on any ticket or voucher to the holder thereof from funds not otherwise appropriated upon an order from the lottery commission. Pari-mutuel tickets and vouchers which remain unclaimed after 11 months shall not be paid. Vouchers shall be remitted to the state treasurer on January 31 of the calendar year, 24 months after the year of the unclaimed voucher.
Source. 1935, 27:17. RL 171:19. RSA 284:31. 1957, 165:1. 1969, 42:1. 1971, 7:1. 1976, 52:3. 1990, 259:2. 1991, 4:13. 1992, 185:2. 2011, 259:1. 2013, 264:7. 2015, 276:127, eff. July 1, 2015.
Section 284:32
284:32 Repealed by 1997, 27:11, III, eff. June 24, 1997. –
Section 284:32-a
284:32-a Annual Financial Statements Required. – Every person, association, or corporation conducting a race or race meet, except those conducted by agricultural fairs, shall annually submit to the lottery commission on or before June 1 an annual financial report of the entity licensed to conduct the race or race meet. The report shall include, at a minimum, a balance sheet, an income statement, a statement of changes in retained earnings, a statement of changes in financial position and the applicable notes to those financial statements for the prior year’s operations of the person, association, or corporation, audited by a public accountant or certified public accountant licensed to practice in the state of New Hampshire in accordance with RSA 309-A. Said audit and the auditor’s report shall conform to generally accepted auditing standards as prescribed by the American Institute of Certified Public Accountants.
Source. 1977, 483:1. 1983, 13:2. 2015, 276:127, eff. July 1, 2015.
Section 284:32-b
284:32-b Penalty for Failure to Submit. –
I. Every person, association or corporation required to submit an annual statement pursuant to RSA 284:15-b or an annual financial report pursuant to RSA 284:32-a who fails to submit such statement or report within the required time period shall be subject to a civil forfeiture of up to $500 for each day of a continuing violation. Civil forfeitures shall be levied under this section by the state lottery commission, shall be collected by the attorney general, and shall be deposited in the special fund established in RSA 284:21-j. Such civil penalty shall be in addition to and not a substitute for any other civil or criminal penalty provided by law, including RSA 284:21.
II. The lottery commission shall notify in writing the attorney general and the fiscal committee of the general court whenever any person, association or corporation fails to submit such statement or report within the required time period and shall also include in said notice the amount of any civil forfeiture levied pursuant to this section. In the event that the lottery commission grants an extension of time in which to file such statement or report, the lottery commission shall notify in writing the attorney general and the fiscal committee of the general court of such extension, the legal basis for granting the extension, and the reason the extension was granted.
Source. 1983, 13:1. 1997, 27:10. 2008, 25:1. 2013, 264:8. 2015, 276:127, eff. July 1, 2015.
Section 284:33
284:33 Minors. – No minor, whether attending a race or employed in any manner on or about a race track, shall be permitted to participate in any pari-mutuel pool or be admitted to any pari-mutuel enclosure.
Source. 1935, 27:20. RL 171:22.
Section 284:34
284:34 Effect on Other Laws. – RSA 338 and RSA 647 shall not apply to pari-mutuel pools provided for by this chapter.
Source. 1935, 27:25. RL 171:28. RSA 284:34. 1971, 541:17. 1973, 40:1, eff. Nov. 1, 1973.
False Entries; Names of Horses
Section 284:35
284:35 False Entry. – No person shall knowingly enter or cause to be entered for competition, or knowingly compete with, any horse under any other than its true name, or out of its proper class, for any purse, prize, premium, stake or sweepstakes offered to the winner of a contest of speed.
Source. 1895, 73:1. PL 189:6. RL 231:5. RSA 284:35. 1971, 541:14. 2010, 272:15, eff. Jan. 1, 2011.
Section 284:36
284:36 Name. – The name of any horse for the purpose of entry for competition or performance in any contest of speed, shall be the name under which said horse has been registered and has publicly performed, and shall not be changed, except as provided by the code of printed rules of the society or association under which the contest is advertised to be conducted.
Source. 1895, 73:2. PL 189:7. RL 231:6. RSA 284:36. 1971, 541:15. 2010, 272:16, eff. Jan. 1, 2011.
Section 284:37
284:37 Penalty. – Any person violating any provision of RSA 284:35 or 36 shall be guilty of a class B felony if a natural person, or guilty of a felony if any other person.
Source. 1895, 73:2. PL 189:8. RL 231:7. RSA 284:37. 1973, 528:183, eff. Oct. 31, 1973 at 11:59 p.m.
Tampering With Horses or Dogs
Section 284:38
284:38 Malicious Interference With Horses. – Any person who willfully or maliciously attempts to or does interfere with, tamper with, injure, or destroy by the use of narcotics, drugs, stimulants, or appliances of any kind used by any horse for the purpose of racing, whether such horse is the property of such person or another, or who willfully or maliciously causes, instigates, counsels, or in any way aids or abets any such interference, tampering, injury, or destruction shall be guilty of a class B felony if a natural person, or guilty of a felony if any other person. The owner of any race horse engaged in racing within this state that is found to have been stimulated or doped, or any entry of which such horse is a part, shall be denied any part of the purse offered for such race, and the purse shall be distributed as in the case of a disqualification.
Source. 1939, 71:1. RL 171:14. RSA 284:38. 1971, 541:16. 1973, 528:184. 2010, 272:17, eff. Jan. 1, 2011.
Section 284:38-a
284:38-a Trainer as Insurer. –
I. The trainer of record shall be responsible for and shall be the insurer of the condition of any horses used for the purposes of racing, which such trainer of record enters to race. In this section, “trainer of record” means the person registered and identified as trainer of such horse used for the purpose of racing in the records of the lottery commission.
II. The lottery commission may impose sanctions or penalties upon the trainer of record resulting from the condition of the horse entered in a race failing to comply with the rules of the lottery commission. Any person aggrieved by a decision by the lottery commission, shall have the right to appeal the decision to the full lottery commission. Any appeal to the lottery commission shall be in accordance with RSA 284:13.
Source. 2004, 59:4. 2008, 25:1. 2010, 272:18. 2015, 276:127, eff. July 1, 2015.
Trespassing
Section 284:39
284:39 Rights of Licensee. –
I. Any licensee under this chapter may refuse admission to, or eject from, the grounds or the enclosure of the racetrack or facility where a licensed live race or race meet or is being held or where licensed simulcasting is held, any person or persons whose presence or conduct, in the sole judgment of the licensee, is inconsistent with the orderly and proper conduct of the live or simulcast race meet, or is detrimental to the sport of racing, whether or not such presence or offensive conduct is associated with gambling.
II. The phrase “grounds or the enclosure of the racetrack or facility” means all real or personal property used by the licensee in the operation of the racetrack and the facilities for simulcasting, including without limitation, the parking lots, grandstands, stables, barn areas, and buildings at the racetrack or facility.
Source. 1959, 210:4. 1987, 176:1. 1992, 185:1. 2010, 272:19, eff. Jan. 1, 2011.
Section 284:40
284:40 Penalty. – Any person or persons within said enclosure without right or to whom admission has been refused or who has previously been ejected shall be guilty of a misdemeanor.
Source. 1959, 210:4. 1973, 528:185, eff. Oct. 31, 1973 at 11:59 p.m.
Keno
Section 284:41
284:41 Definition. – In this subdivision, “keno” means any game where a player purchases a ticket from a field of 80 numbers and selects a specific amount of numbers. A random number generator employed by the lottery commission chooses 20 numbers at random and the player is paid out against his or her original wager.
Source. 2017, 229:1, eff. July 1, 2017.
Section 284:42
284:42 Administration and Enforcement. – The lottery commission shall administer and enforce this subdivision in any town or city that has voted to allow such gaming.
Source. 2017, 229:1, eff. July 1, 2017.
Section 284:43
284:43 Rulemaking. –
The lottery commission shall adopt rules, pursuant to RSA 541-A, relative to:
I. The application procedure for keno licenses.
II. Information to be required on license applications.
III. Procedures for a hearing following the revocation of a license.
IV. The operation of keno games, including types and amounts of wagers.
V. Information required and forms for submission of financial reports.
VI. Guidelines for licensees under this subdivision to set transaction limits for daily, weekly, and monthly play of keno for individual keno players.
Source. 2017, 229:1, eff. July 1, 2017.
Section 284:44
284:44 License Fees. –
I. The license fee for a commercial premises keno license issued under RSA 284:46 shall be $500 per year. Such fee shall be submitted to the lottery commission at the time the application is made and shall be refunded if the application is denied.
II. All net proceeds collected by the lottery commission under this section shall be deposited in the education trust fund established in RSA 198:39.
Source. 2017, 229:1, eff. July 1, 2017.
Section 284:45
284:45 License Applications. –
I. Applications shall be submitted to the lottery commission by the licensee. Proof of authority to submit the application on behalf of the licensee may be required.
II. Applications shall be made only on the forms supplied to the licensee by the lottery commission.
III. The application form shall be fully completed by the licensee.
IV. Applicants for commercial premises keno licenses shall be submitted at least 30 days before the first game date.
V. The applicant shall certify under oath that:
(a) The information provided on the application is accurate.
(b) Neither the applicant nor any employee will operate keno games if such person has been convicted of a felony within the previous 10 years which has not been annulled by a court, or a misdemeanor involving falsehood or dishonesty within the previous 5 years which has not been annulled by a court, or has violated the statutes or rules governing charitable gaming in this or any state.
(c) The applicant and any employee who will be participating in the operation of the keno games is aware of all statutes and rules applicable to the operation of keno games.
VI. To be eligible for licensure under this subdivision an applicant shall:
(a) Document that it is one of the following:
(1) A restaurant or hotel holding a valid liquor license under RSA 178:20, II, RSA 178:21, II(a) or (b), or RSA 178:22, V(q).
(2) A brew pub holding a valid liquor license under RSA 178:13.
(3) A ballroom holding a valid liquor license under RSA 178:22, V(c).
(4) A veterans’ club, private club, or social club holding a valid liquor license under RSA 178:22, V(h).
(5) A convention center holding a valid liquor license under RSA 178:22, V(i).
(6) A hotel holding a valid liquor license under RSA 178:22, V(k).
(7) A racetrack holding a valid liquor license under RSA 178:22, V(n).
(8) A sports recreation facility holding a valid liquor license under RSA 178:22, V(v).
(9) A cigar bar holding a valid liquor license under RSA 178:20-a.
(b) Document that the keno games will only be operated in towns and cities that have voted to allow the operation of keno games pursuant to RSA 284:51.
(c) Maintain a current list of employees.
(d) Document that no minor under the age of 18 shall be allowed to purchase or redeem a keno ticket.
VII. A suspension or revocation of a liquor license shall result in the immediate suspension of the keno license issued under this chapter.
Source. 2017, 229:1, eff. July 1, 2017. 2018, 332:2, eff. June 25, 2018.
Section 284:46
284:46 License; Issuance. –
I. Upon receipt of an application under RSA 284:45 the lottery commission shall review the application and shall, in writing, grant or deny the application within 45 days of receipt.
II. The lottery commission shall deny a license application for any one of the following reasons:
(a) The license of the applicant has been previously revoked by the commission.
(b) The applicant has been convicted of a crime provided for in this chapter or in any other chapter for any gaming offense.
(c) The applicant loses his or her liquor license after submitting the application.
III. No person who has been convicted of a felony or class A misdemeanor within the previous 10 years which has not been annulled by a court, or a class B misdemeanor within the past 5 years which has not been annulled by a court, or who has violated any of the statutes or rules governing charitable gambling in the past in this or in any other state shall be licensed under this subdivision, or rent, lease, sublease, or otherwise provide any hall or keno paraphernalia for the conduct of keno licensed under this subdivision.
IV. The lottery commission shall only issue a license for an eligible location where keno tickets shall be sold and the game played within the area apportioned to distribute beverages pursuant to RSA 284:45. The lottery commission shall control the installation of the keno ticket terminals and ensure that the sale of the tickets is limited to the area apportioned to distribute beverages pursuant to RSA 284:45.
Source. 2017, 229:1, eff. July 1, 2017.
Section 284:47
284:47 Operation of Keno Games. –
I. A licensee may operate keno games at its business between the hours of 11 a.m. and 1 a.m.
II. A licensee may retain 8 percent of the proceeds from keno games. Of the remaining 92 percent:
(a) One percent shall be paid to the department of health and human services to support research, prevention, intervention, and treatment services for problem gamblers.
(b) The remainder, less the administrative costs of the lottery commission and prize payouts, shall be deposited in the education trust fund established in RSA 198:39.
III. No person who has been convicted of a felony or class A misdemeanor within the previous 10 years which has not been annulled by a court, or a class B misdemeanor within the past 5 years which has not been annulled by a court, or who has violated any of the statutes or rules governing charitable gambling in the past in this or any other state shall operate a keno game licensed under this subdivision, or rent, lease, sublease, or otherwise provide any hall or keno paraphernalia for the conduct of keno licensed under this subdivision.
IV. No one under the age of 18 years shall be allowed to purchase or redeem a keno ticket.
Source. 2017, 229:1, eff. July 1, 2017. 2018, 295:2, eff. June 25, 2018.
Section 284:48
284:48 Financial Reports and Inspection Required. –
I. Any person which has been licensed to conduct keno games shall submit a complete financial report to the lottery commission for each license issued under RSA 284:46 within 15 days after the expiration of each license, provided, however, a complete monthly financial report shall be submitted in a timely fashion to the commission for each month covered by a license issued under RSA 284:46 on a form to be approved by the lottery commission.
II. All licensees shall maintain a separate checking account for the deposit and disbursement of all income relating to keno, except cash prizes awarded at the games. All expenses shall be paid by check, and all prizes of $500 or more shall be paid by check. No keno funds shall be commingled with other funds of the licensee. The licensee shall retain all canceled checks for the payment of expenses and prizes for at least 2 years from the date of the check. The licensee shall not cash checks which it issues.
III. All financial reports filed by the licensee shall be maintained by the lottery commission for a period of one year from the date of filing and shall be open to public inspection.
IV. All financial records pertaining to the operation of keno games shall be maintained by the licensee and shall be made available to representatives of the lottery commission or of the commissioner of the department of safety upon request.
V. A licensee which has been licensed to conduct keno games shall maintain complete and accurate documentation of all revenues and expenses contained in the financial reports for at least 2 years from the date the financial report is filed.
Source. 2017, 229:1, eff. July 1, 2017.
Section 284:49
284:49 Suspension; Revocation. – The commission may suspend or revoke the license of any licensee who violates any provision of this subdivision. Any licensee whose license is revoked shall not be eligible for licensure for a period of up to one year from the date of revocation.
Source. 2017, 229:1, eff. July 1, 2017.
Section 284:50
284:50 Rehearing and Appeal. – Any person aggrieved by a decision of the commission to deny or revoke a keno license may apply to the commission for a rehearing within 15 business days of the decision. Rehearings and appeals shall be governed by RSA 541.
Source. 2017, 229:1, eff. July 1, 2017.
Section 284:51
284:51 Local Option. –
I. Any town or city may allow the operation of keno games according to the provisions of this subdivision, in the following manner:
(a) In a town, the question shall be placed on the warrant of an annual town meeting under the procedures set out in RSA 39:3, and shall be voted on a ballot. In a city, the legislative body may vote to place the question on the official ballot for any regular municipal election, or, in the alternative, shall place the question on the official ballot for any regular municipal election upon submission to the legislative body of a petition signed by 5 percent of the registered voters.
(b) The selectmen, aldermen, or city council shall hold a public hearing on the question at least 15 days but not more than 30 days before the question is to be voted on. Notice of the hearing shall be posted in at least 2 public places in the municipality and published in a newspaper of general circulation at least 7 days before the hearing.
(c) The wording of the question shall be substantially as follows: “Shall we allow the operation of keno games within the town or city?”
II. If a majority of those voting on the question vote “Yes,” keno games may be operated within the town or city.
III. If the question is not approved, the question may later be voted upon according to the provisions of paragraph I at the next annual town meeting or regular municipal election.
IV. A municipality that has voted to allow the operation of keno games may consider rescinding its action in the manner described in paragraph I of this section.
IV-a. An unincorporated place may allow the operation of keno games by majority vote of the county delegation, after a public hearing is held.
V. The lottery commission shall maintain a list of municipalities where keno is available.
Source. 2017, 229:1, eff. July 1, 2017. 2018, 332:1, eff. June 25, 2018.
TITLE XXIV
GAMES, AMUSEMENTS, AND ATHLETIC EXHIBITIONS
CHAPTER 287-D
GAMES OF CHANCE
Section 287-D:1
287-D:1 Definitions. –
In this chapter:
I. “Applicant” means an individual applying for a license under this chapter.
II. “Bona fide member” means 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 games of chance in which such person intends to participate. To qualify as a bona fide 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.
(c) Not have become a member solely for the purpose of operating games of chance.
III. “Games of chance” means any game involving gambling as defined by RSA 647:2, II, or any lottery prohibited by RSA 647:1, but shall not include any game involving the use of a slot machine or any other device in the nature of a slot machine, 50/50 raffles as defined in RSA 287-A:1, III, or ice-out contests as defined in RSA 287-D:1, VI.
IV. (a) “Charitable organization” means any bona fide religious, charitable, civic, veterans’, or fraternal or church organization, including police and firemen’s organizations which shall have been registered with the secretary of state for at least 2 years.
(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 games of chance.
V. “Commission” means the lottery commission established under RSA 284:6-a.
VI. “Ice-out contest” means a contest conducted by a charitable organization whereby a marker is placed on a frozen lake and the person most closely estimating the day and time the marker falls through the ice wins 1/2 the contest proceeds collected by the charitable organization.
VII. “Game operator” means a primary game operator or a secondary game operator.
VIII. “Game operator employer” means a primary game operator or a business entity who employs, supervises, and controls game operators and who is hired by a charitable organization to operate games of chance on its behalf. The owner of 10 percent or more of the entity, partner, managing member, or chief executive of a business entity who serves as a game operator employer must be licensed as a primary game operator.
IX. “Gaming equipment” means a collective reference to table game devices and their associated equipment.
X. “Primary game operator” means any person other than a bona fide member of the charitable organization, involved in conducting, managing, supervising, directing, or running games of chance.
XI. “Secondary game operator” means any person other than a bona fide member of the charitable organization, involved in dealing, running a roulette wheel, handling chips, or providing accounting services or security functions.
XII. “Wager” means a monetary agreement between 2 or more persons that a sum of money or other valuable thing shall be paid to one of them on the happening or not happening of an uncertain event. Wager may be used synonymously with the term “bet.”
Source. 2014, 329:1. 2015, 276:127, eff. July 1, 2015.
Section 287-D:2
287-D:2 Enforcement. – The lottery commission, with the assistance of the attorney general and the chief of police of any city or town where games of chance are held, shall administer and enforce the provisions of this chapter.
Source. 2014, 329:1. 2015, 276:127, eff. July 1, 2015.
Section 287-D:3
287-D:3 Rulemaking. –
The lottery commission shall adopt rules, pursuant to RSA 541-A, relative to:
I. The application procedure for games of chance licenses for charitable organizations.
II. Information to be required on license applications for games of chance licenses for charitable organizations.
III. The application procedure for games of chance licenses for game operators.
IV. Information to be required on license applications for games of chance licenses for game operators.
V. Procedures for a hearing following revocation or denial of any license issued pursuant to this chapter.
VI. The operation of games of chance.
VII. The rental or lease of facilities and the leasing or purchasing of equipment for use in games of chance.
VIII. Accountability controls to ensure game integrity, including, but not limited to, cash, attendance, prizes, income, expense and financial reporting, and recordkeeping to be implemented by licensed charitable organizations and licensed game operators in addition to requirements set forth in RSA 287-D:22.
IX. Enforcement of this chapter pursuant to RSA 287-D:23 and RSA 287-D:24.
X. Background and criminal records checks pursuant to RSA 287-D:11 and RSA 287-D:12.
XI. The issuance of subpoenas pursuant to RSA 287-D:25.
XII. Administrative orders and fines pursuant to RSA 287-D:23.
XIII. Badge specifications, requirements, and fees pursuant to RSA 287-D:9, RSA 287-D:10, and RSA 287-D:13.
XIV. License applications pursuant to RSA 287-D:5 through RSA 287-D:10.
XV. Surveillance requirements pursuant to RSA 287-D:15.
XVI. Gambling machine investigation and enforcement under RSA 287-D:28.
XVII. Other matters related to the proper administration of this chapter.
Source. 2014, 329:1. 2015, 276:127, eff. July 1, 2015.
Section 287-D:4
287-D:4 Games of Chance Authorized. –
I. A charitable organization may conduct games of chance to promote the purpose for which it was organized, and shall be licensed as provided in this chapter.
II. The license shall authorize games of chance of a specified type on specified dates at specified times and at a specified location including agricultural fairs and other locations where nonprofit fundraising activities are conducted.
III. No license shall be transferable.
IV. No person shall be a party to, engage in, or supervise others in the operation of games of chance in any capacity, unless that person is licensed under this chapter.
Source. 2014, 329:1, eff. July 1, 2015.
Section 287-D:5
287-D:5 License Applications; General Requirements and Process. –
I. All license applications shall be made on the forms supplied by the lottery commission and shall be submitted to the lottery commission by the individual applicant or an officer, director, or duly authorized official of the entity seeking a license.
II. Proof of authority to submit the application on behalf of the entity may be required by the lottery commission.
III. The applicant shall provide written notice of an application submission to the chief of police of each city or town where games of chance are held.
IV. All applications shall include:
(a) The type of license for which applied.
(b) The name, address, and telephone number of the applicant.
(c) A criminal history record release form, as provided by the New Hampshire division of state police, department of safety, which authorizes the release of his or her criminal history record, if any, to the lottery commission.
(d) A complete set of fingerprints taken by a qualified law enforcement agency or an authorized employee of the department of safety. In the event that the first set of fingerprints is invalid due to insufficient pattern, a second set of fingerprints shall be necessary in order to complete the criminal history records check.
(e) The requisite fee for each license.
(f) The requisite fee for the criminal records check and the fingerprint check as established by the department of safety.
(g) Certification by the applicant under oath that the information provided on the application is accurate.
(h) Certification under oath that the applicant has not, in any jurisdiction, been convicted of a felony within the previous 10 years which has not been annulled by a court, or a misdemeanor involving falsehood or dishonesty within the previous 5 years which has not been annulled by a court, nor violated the statutes or rules governing charitable gambling.
V. Incomplete applications shall be returned to the applicant for completion.
VI. Applicants for facilities and game operator employer licenses shall comply with the provisions of RSA 287-D:12.
Source. 2014, 329:1. 2015, 276:127, eff. July 1, 2015. 2018, 318:14, eff. Aug. 24, 2018.
Section 287-D:6
287-D:6 Charitable Organization License Application; Specific Requirements. –
I. In addition to the general requirements under RSA 287-D:5, a charitable organization license application shall include, at a minimum, the following information provided that the lottery commission may, by rule, establish additional items to be submitted on the application form or attached to it:
(a) The name of each bona fide member of the charitable organization who will participate in the operation of the games of chance who shall comply with the provisions of RSA 287-D:5.
(b) A list of the names and addresses of the current bona fide members of the charity.
(c) The name of the financial institution with at least one branch in New Hampshire and the corresponding bank account number for the account in which money from the game of chance will be deposited and withdrawn.
(d) If known, the date or dates and location or locations of each game of chance to be sponsored by the charity.
(e) The identity of the licensed primary game operator who will operate the games of chance for the charity, if applicable.
(f) The identity of the licensed facility at which the proposed games will be held, if applicable.
(g) The identity of the licensed game equipment dealer from whom the charitable organization is buying or renting any equipment, if applicable.
(h) Documentation of exemption from federal income tax.
(i) Proof that the religious, civic, fraternal, veterans’, or charitable purposes for which it was organized, other than charitable gambling, are furthered through activities conducted in the state.
(j) Documentation of registration with the director of charitable trusts, if required under RSA 7:19 through RSA 7:32.
II. Applications shall be received by the lottery commission no fewer than 60 days before the first game date of the year. This requirement may be waived by the lottery commission for good cause shown.
III. In addition to the certifications under RSA 287-D:5, the applicant shall certify under oath that:
(a) Only bona fide members of the charitable organization or persons complying with the requirements of RSA 287-D:14, III, will operate the games of chance.
(b) The applicant or any member of the charitable organization who will be participating in the operation of the games of chance is aware of all statutes and rules applicable to the operation of games of chance.
IV. Only one license shall be issued to each applicant in any 12 month period to operate games of chance for 10 days, which 10 days need not be consecutive.
V. Licenses shall expire 12 months from the date of issue or after the completion of the tenth game date, whichever comes first.
Source. 2014, 329:1. 2015, 276:127, eff. July 1, 2015. 2018, 239:3, eff. Aug. 11, 2018.
Section 287-D:7
287-D:7 Facilities License Application; Specific Requirements. –
I. Any person or entity other than a charitable organization or governmental subdivision with control of a facility, including by a written lease, at which games of chance are held for 5 or more game dates per calendar year shall be licensed.
II. In addition to the general requirements under RSA 287-D:5, a facilities license application shall include, at a minimum, the following information provided that the commission may, by rule, establish additional items to be submitted on the application form or attached to it:
(a) Certification of compliance with all of the requirements of RSA 287-D:5.
(b) Two passport quality photographs, if the applicant is an individual.
III. Licenses shall expire on December 31 of each year.
Source. 2014, 329:1, eff. July 1, 2015. 2018, 290:1, eff. Aug. 24, 2018.
Section 287-D:8
287-D:8 Game Operator Employer License Application; Specific Requirements. –
Any person or entity other than a charitable organization that employs primary game operators shall be licensed under this section. In addition to the general requirements under RSA 287-D:5, a game operator employer license application shall include, at a minimum, the following information provided that the lottery commission may, by rule, establish additional items to be submitted on the application form or attached to it:
I. Certification of compliance with all of the requirements of RSA 287-D:5.
II. A certificate of good standing from the department of revenue administration.
III. Federal tax identification number.
IV. Two passport quality photographs, if the applicant is an individual.
V. A description of the licensed premises.
VI. A list of the known game dates on which the game operator employer will participate including the name of the game, the location of the game, and the charitable organization holding the game.
VII. A bond for each location where the game operator employer is conducting games of chance, conditioned upon the licensees running games of chance in conformity with this chapter and with the rules and regulations prescribed by the lottery commission, in the amount of up to $500,000 but not less than $25,000. The amount of the bond in excess of $25,000 established for each licensee shall be based on that licensee’s normal outstanding obligations of charity payments and state taxes.
Source. 2014, 329:1. 2015, 276:127, eff. July 1, 2015.
Section 287-D:9
287-D:9 Primary Game Operator License Application; Specific Requirements. –
I. Other than members of a charitable organization, any person who supervises, manages, advises, or provides consulting to secondary game operators or other primary game operators shall be licensed under this section. In addition to the general requirements under RSA 287-D:5, a primary game operator license application shall include, at a minimum, the following information provided that the lottery commission may, by rule, establish additional items to be submitted on the application form or attached to it:
(a) The identity of the game operator employer for whom the applicant works.
(b) A list of any other states in which the game operator has been registered or licensed as a professional fundraiser, professional game operator, or other similar position.
(c) Whether a registration or license listed in subparagraph (b) has been denied, suspended, revoked, or enjoined by a court or state agency, or if such proceedings are pending.
(d) The names and addresses of any individuals with whom the applicant is affiliated in the fundraising or game operating business.
(e) The name of the financial institution with at least one branch in New Hampshire and the corresponding bank account number for the account in which money from the game of chance will be deposited and withdrawn.
(f) Two passport quality photographs.
II. The bank account identified in subparagraph I(e) shall be the only account in which the primary game operator shall deposit and withdraw moneys from games of chance.
III. Concurrent with the charitable organization, primary game operators who operate games of chance on behalf of a charitable organization shall be responsible for all requirements for which the charitable organization is responsible when a charitable organization operates games of chance itself.
IV. Unless a provision to the contrary is part of a written agreement in place prior to the commencement of a game date between the charitable organization and the game operator or game operator employer, all moneys due to the charitable organization shall be paid over to the organization no later than 5 business days following the date on which a game was conducted. Notwithstanding the provisions of any agreement with the charitable organization, the game operator or game operator employer shall pay over all moneys due to the charitable organization no later than 15 business days following a game date.
V. The provisions of RSA 7:28-c shall not apply to primary game operator licensees.
VI. Nothing in this section shall prevent a licensee from working for another game operator employer. A licensee who works for more than one game operator employer during the licensed period shall submit a supplemental application with a separate licensing fee, have a separate badge for each game operator employer, and pay a separate fee for each badge.
VII. The primary game operator license shall expire on the last day of the month of the licensee’s birthday.
Source. 2014, 329:1. 2015, 276:127, eff. July 1, 2015.
Section 287-D:10
287-D:10 Secondary Game Operator License Application; Specific Requirements. –
I. Other than members of a charitable organization, any person who is employed by a game operator employer or a primary game operator shall be licensed under this section.
II. In addition to the general requirements under RSA 287-D:5, a secondary game operator license application shall include, at a minimum, the following information provided that the lottery commission may, by rule, establish additional items to be submitted on the application form or attached to it:
(a) A list of any other states in which the game operator has been registered or licensed as a professional fundraiser, professional game operator, or other similar position.
(b) A statement of whether a registration or license listed in subparagraph (a) has been denied, suspended, revoked, or enjoined by a court or state agency, or if such proceedings are pending.
(c) The identity of the primary game operators for whom the applicant works.
(d) Two passport quality photographs.
III. A secondary game operator license shall expire on the last day of the month of the licensee’s birthday.
IV. The provisions of RSA 7:28-c shall not apply to secondary game operator licensees.
V. Nothing in this section shall prevent a licensee from working for different licensed entities. A licensee who works for more than one game operator employer during the licensed period shall submit a supplemental application with a separate licensing fee, have a separate badge for each game operator employer, and pay a separate fee for each badge.
VI. Upon receipt of a completed application under this section, and at the request of the applicant, the lottery commission may issue a provisional license, valid for up to 60 days, under rules adopted by the lottery commission under RSA 541-A. If the lottery commission denies the license, the provisional license shall expire upon the applicant’s receipt of such denial. If the applicant requests a provisional license under this paragraph, he or she shall submit a fee of $10 to the lottery commission, in addition to the application fee for the license, at the time of such request.
Source. 2014, 329:1. 2015, 248:1, eff. July 1, 2015 at 12:01 a.m.; 276:127, eff. July 1, 2015.
Section 287-D:11
287-D:11 Background Investigations. –
I. This section shall apply to applicants for a:
(a) Facilities license.
(b) Game operator employer license.
II. Any person, association, corporation, or other type of entity applying for or holding a license under paragraph I shall file, with an initial application and every 5 years thereafter, with the attorney general a complete and detailed written statement, signed under oath by the applicant or holder of such license if an individual, or by the officers of the entity, containing the following information:
(a) The name, residence address, and nature of the ownership interest including, where applicable, the number of shares of stock held and if known, how obtained, of every person who possesses an ownership interest in such entity.
(b) The name, address, present principal occupation or employment, and name and principal business of any corporation or other organization in which such employment is carried on of every director, officer, and holder of 10 percent or more ownership interest in such entity.
(c) Such information as the attorney general may prescribe by rule.
(d) Each licensee shall notify the attorney general and the lottery commission of any change of information required by this paragraph within 10 days of such change.
III. (a) The lottery commission shall refer all applications to the attorney general who shall conduct a background investigation of the license applicant or holder, any person included in paragraph I, or any person or entity upon whom the license applicant or holder relies for financial support. Any appropriate state or federal law enforcement system may investigate the subject’s financial, criminal, or business background, or any other information which the attorney general, in the attorney general’s sole discretion, may find to bear on the subject’s fitness to be associated with charitable gaming in New Hampshire, including, but not limited to, the subject’s character, personal associations, and the extent to which the subject is properly doing business in the manner in which it purports to operate. When the lottery commission requests such an investigation, the attorney general shall report the results of such investigation to the lottery commission within 90 days after the receipt of the request. Notwithstanding RSA 91-A, the results of any such investigation shall be confidential and shall not be subject to disclosure or to public inspection, except that the attorney general shall have sole discretion to determine the extent to which and the manner in which the results may be reported to the lottery commission or other state agency or official and, if reported, whether such results are to retain their confidential character; provided, however, that whenever the attorney general conducts such an investigation, the attorney general shall notify the lottery commission whether or not in the attorney general’s opinion such person is fit to be associated with charitable gaming in New Hampshire. No person shall be issued or hold a license if in the opinion of the attorney general such person is not fit to be associated with charitable gaming in this state.
(b) The attorney general may conduct a background investigation described in subparagraph (a) on the attorney general’s motion.
IV. The expenses of the office of attorney general in conducting any investigation authorized in this section, including the services of consultants, experts, accountants, and other assistants, shall be a direct charge against the applicant or holder. Total expenses for each investigation under this paragraph shall not exceed $5,000, except with the approval of the fiscal committee of the general court.
V. In any investigation conducted pursuant to paragraph III, the attorney general may require, by subpoena or otherwise, the attendance of witnesses and the production of such correspondence, documents, books, and papers as the attorney general deems advisable, and for purposes of this section, may administer oaths and take the testimony of witnesses. No person shall be excused from testifying or from producing any book or paper in any investigation conducted pursuant to paragraph III upon the ground that such testimony or documentary evidence might tend to incriminate such person; provided that if, after a claim of privilege, the attorney general, in writing, orders such person to testify or produce documentary evidence, that person shall not be prosecuted, punished, or subjected to any penalty or forfeiture for or on account of any act, transaction, matter, or thing which such person, under oath, disclosed or produced. No person so testifying shall be exempt from prosecution or punishment for any perjury committed by such person in such testimony.
Source. 2014, 329:1. 2015, 276:127, eff. July 1, 2015.
Section 287-D:12
287-D:12 Background and Criminal Records Check. –
I. All applicants for a license pursuant to this chapter shall submit to the lottery commission a New Hampshire department of safety, division of state police, criminal record release authorization form.
II. Upon receipt of an applicant’s criminal record information, the lottery commission shall make a determination of eligibility for licensure and whether the applicant is fit to be associated with games of chance in New Hampshire.
III. The applicant shall submit with the release form a complete set of fingerprints taken by a qualified law enforcement agency or an authorized employee of the department of safety. In the event that the first set of fingerprints is invalid due to insufficient pattern, a second set of fingerprints shall be necessary in order to complete the criminal history records check. If, after 2 attempts, a set of fingerprints is invalid due to insufficient pattern, the lottery commission may, in lieu of the criminal history records check, accept police clearances from every city, town, or county where the person has lived during the past 5 years.
IV. The lottery commission shall submit the criminal history records release form and fingerprint form to the division of state police which shall conduct a criminal history records check through its records and through the Federal Bureau of Investigation. Upon completion of the records check, the division of state police shall release copies of the criminal history records to the lottery commission. The lottery commission shall maintain the confidentiality of all criminal history records information received pursuant to this section.
V. The lottery commission shall bill the applicant for any fee associated with the criminal or background record check to cover any fee charged by the department of safety for the criminal records check in paragraph I or by the Federal Bureau of Investigation for the background check in paragraph IV.
VI. For purposes of licensees, under RSA 287-D:7 or RSA 287-D:8 each owner, partner, or trustee of the underlying property, or in the case of a corporation, each officer, director, or shareholder, or in the case of a limited liability company, each manager or member, shall comply with all of the requirements of this section.
Source. 2014, 329:1. 2015, 276:127, eff. July 1, 2015. 2018, 318:15, eff. Aug. 24, 2018.
Section 287-D:13
287-D:13 License Fees. –
The application fee for:
I. A charitable gaming license shall be $25 per game date.
II. A facility license shall be $250 per year.
III. A game operator employer license shall be $750 per year.
IV. A primary game operator license shall be $500 per year.
V. A secondary game operator license shall be $30 per year.
VI. Each original or replacement identification badge shall be $10.
Source. 2014, 329:1, eff. July 1, 2015.
Section 287-D:14
287-D:14 Operation of Games of Chance. –
I. No more than 2 licensed charitable organizations may conduct games of chance at any one location on any date.
II. No agreement between a charitable organization and any other licensee shall be valid unless such agreement is in writing and has been approved by the lottery commission. The lottery commission shall create standardized contracts.
III. (a) Only persons licensed under this chapter shall operate games of chance; except that, if all bona fide members of a charitable organization are under 18 years of age, adult officers or directors of the charitable organization or parents or legal guardians of bona fide minor members, who have been authorized by the officers or directors of the charitable organization, shall operate the games. Proof of bona fide membership shall be required for any person not subject to licensure.
(b) Notwithstanding subparagraph (a), if, by reason of the established criteria for membership, all bona fide members of the charitable organization are physically or mentally disabled, or both, the officers, directors, or authorized officials of the charitable organization may designate individuals to conduct the operation of games of chance on behalf of said charitable organization. Individuals so designated are subject to all applicable provisions of this chapter, and the designation of such individuals is subject to the approval of the lottery commission.
(c) Notwithstanding subparagraph (a), all charitable organizations that conduct games of chance for charitable purposes may allow spouses, sons, and daughters of bona fide members who are at least 18 years of age to assist with the operation of the games of chance. These spouses, sons, and daughters are subject to all applicable provisions of this chapter, and are subject to the approval of the lottery commission.
(d) Notwithstanding subparagraph (a), all charitable organizations that conduct games of chance for charitable purposes may employ, by means of a written agreement, a licensed game operator employer or a licensed primary game operator.
IV. No compensation shall be paid to any operator of a game of chance unless agreed to in advance in writing by the charitable organization.
V. No operator shall require additional fees not specifically allowed under this chapter as a condition of contracting with the operator for game dates.
VI. No one under the age of 18 years shall be admitted to the premises on which games of chance are being conducted, except when the games are being conducted at a carnival. Proof of age shall be produced upon request of the lottery commission or commission’s agents. When games of chance are conducted at a carnival, persons under the age of 18 years may be admitted to the premises on which the games are being conducted when accompanied and supervised by a parent or legal guardian; but persons under the age of 18 shall not be permitted to play games of chance at a carnival.
VII. Games of chance may be conducted between the hours of 11:00 a.m. and 1:00 a.m. the following day.
VIII. No person operating a game of chance and no person who has leased a facility or sold or leased game of chance paraphernalia or related equipment to a charitable organization for use during games of chance shall participate or play in any game conducted at that location on that date.
IX. No person who has in any jurisdiction been convicted of a felony within the previous 10 years which has not been annulled by a court, or a misdemeanor involving falsehood or dishonesty within the previous 5 years which has not been annulled by a court, or who has violated the statutes or rules governing charitable gambling in the past year shall operate a game of chance licensed under this chapter, or rent, lease, sublease, or otherwise provide any hall or game of chance paraphernalia for the conduct of games of chance licensed under this chapter.
X. Only the treasurer of the charitable organization or a bona fide member of the charitable organization designated by the treasurer shall handle any monetary transactions related to the game of chance.
XI. A member of the sponsoring charitable organization shall be present and on site at least once per day during the operation of any game of chance and shall file with the lottery commission an affidavit attesting to the member’s presence at the site during the operation of any games of chance. The sponsoring charitable organization member shall not be employed by the game operator.
XII. (a) On game dates where the charitable organization operates the games, the charitable organization shall deposit cash and proceeds from a game of chance into the account required under this chapter. All expenses, including prizes of $500 or more and equipment and hall rental fees shall be paid by check from said account. The treasurer of the charitable organization shall document all prizes awarded as prescribed in rules adopted by the lottery commission.
(b) On game dates when the licensed game operator operates the games, the licensed game operator shall deposit cash and proceeds from a game of chance into the account required under this chapter. All expenses, including equipment and hall rental fees shall be paid by check or electronic fund transfers from the account described in RSA 287-D:9, I(e). The licensed game operator shall document all prizes awarded as prescribed in rules adopted by the lottery commission. Prizes of $500 or more shall be paid by check from the account described in RSA 287-D:9, I(e).
XIII. All game of chance paraphernalia or related equipment used in conducting games of chance shall be subject to inspection and approval by the lottery commission.
XIV. The charitable organization shall keep a record of all persons participating in the operation of a game of chance, including but not limited to, the date and location of the game and the person’s name, address, telephone number, and type of participation in the game.
XV. For games of chance where chips have no monetary face value, the charitable organization may offer any number of games per licensed event in which each player may spend up to $150 per game including buy-ins and re-buys.
XVI. Notwithstanding paragraph XV, the charitable organization may offer one game per licensed event in which each player may spend up to $250 for the game including buy-ins and re-buys.
XVII. For games of chance where chips have no monetary face value, the payback in prizes shall not exceed 80 percent of the total amount collected from players.
XVIII. A games of chance licensee shall not play any games of chance on a licensed game date unless all games of chance to be played have been approved by the lottery commission and have been identified on an approved game schedule.
XIX. The charitable organization may amend or supplement the list of members who will participate in the operation of a game of chance up to 10 working days prior to any particular game.
XX. At least 45 days prior to each game date, the charitable organization shall submit the date and location of the game of chance, if this information has not already been submitted to the lottery commission under RSA 287-D:6, I(d).
XXI. Every game operator employer shall develop house rules and submit such rules to the lottery commission for approval.
XXII. Every game operator employer shall maintain list of manufacturers and distributers detailing the type of gaming equipment purchased from each. The information shall be detailed enough to permit the lottery commission to research the origin and any piece of gaming equipment.
Source. 2014, 329:1. 2015, 276:127, eff. July 1, 2015. 2016, 313:2, eff. Aug. 23, 2016.
Section 287-D:15
287-D:15 Surveillance Requirements. –
I. (a) A game operator employer conducting games of chance at a facility that is required to be licensed pursuant to RSA 287-D:7 shall conduct and record, at the expense of the game operator employer, video surveillance that allows clear, unobstructed views of cashier transactions, table games where cash wagers are accepted, and the counting of money from storage boxes removed from a gaming table. A game operator employer shall be exempt from this provision if the games of chance are conducted in a temporary location for 4 days or fewer, provided that an alternative method of surveillance is approved by the commission.
(b) Surveillance shall include the customer, the employee, and the surrounding area and shall monitor and record with sufficient clarity to identify employees and customers in all areas where currency is counted, verified, sorted, stacked, or stored, including monitoring and recording all table game drop boxes, safes, and counting surfaces, and all cashier personnel. The counting surface area shall be continuously monitored and recorded by a dedicated camera during the count.
(c) Access to the surveillance equipment shall be limited to management personnel, designated employees, state regulators, and other persons authorized in accordance with the surveillance policy.
(d) The game operator employer shall ensure at least one person at the facility while games of chance are being conducted is trained in the use of the equipment, knowledge of the games, and all applicable regulations.
(e) Each camera required by these regulations shall be installed in a manner that will prevent it from being readily obstructed, tampered with, or disabled by customers or employees.
(f) Reasonable effort shall be made to repair each malfunction of surveillance system equipment required by the standards in this section within 72 hours after the malfunction is discovered, provided any such malfunction shall be reported to the commission immediately.
(g) In the event of a dedicated camera malfunction, the game operator employer or the surveillance person shall immediately provide alternative camera coverage or other security measures.
II. The surveillance system, at a minimum, shall:
(a) Have an auxiliary or backup power source available and capable of providing immediate restoration of power to all elements of the surveillance system.
(b) Include date and time generators that possess the capability to display the date and time of recorded events on all digital recordings. The displayed date and time shall not significantly obstruct the recorded view.
(c) Utilize cameras that possess the capability of having a picture displayed on a monitor and recorded.
(d) Include sufficient numbers of monitors and recorders to simultaneously display and record multiple table games and count room activities, and record the views of all dedicated cameras and motion-activated cameras.
(e) Record at 30 frames per second or its equivalent.
III. (a) All digital records of coverage provided by cameras required by this section shall be retained for a minimum of 45 days except as otherwise provided in this paragraph.
(b) Recordings involving suspected or confirmed gaming crimes, unlawful activity, or actions of investigations by management personnel shall be retained indefinitely until released by the commission and a copy of any report and video shall be forwarded to the commission.
(c) Duly authenticated copies of digital records shall be provided to the commission upon request.
(d) Multiple recordings shall be made to avoid any loss of images in the event of a hardware failure.
(e) A recording library log, or comparable alternative procedure approved by the commission, shall be maintained to demonstrate compliance with the storage, identification, and retention standards required in this section.
(f) All recordings not otherwise required to be retained may be destroyed after a period of 45 days, unless the commission provides written notice to retain certain video recordings.
(g) No additional security requirements shall be imposed by any local or state agency without the approval of the commission.
Source. 2014, 329:1, eff. July 1, 2015. 2018, 290:2, eff. Aug. 24, 2018.
Section 287-D:16
287-D:16 Wagers. – No single wager by a player, on any game of chance, shall exceed the amount of $10. Provided, however, that in games of poker where the chips have monetary value, play may be conducted under “table stakes” rules where the amount of blinds, antes, and any other type of forced bet shall not exceed $10 per player but the amount wagered by a player during the play of a hand shall not be limited except by the amount of chips the player has in his or her possession on the table. In any such “table stakes” game, the amount of chips a player may purchase during the course of play in said game shall be no greater in value than $150.
Source. 2014, 329:1. 2015, 160:1, eff. July 1, 2015, at 12:01 a.m. 2018, 265:1, eff. June 14, 2018.
Section 287-D:17
287-D:17 Equipment; Inspection. –
I. All devices and equipment used to conduct games of chance shall be subject to inspection by duly authorized law enforcement or lottery commission officials.
II. No mechanism or device, which can be used to regulate odds, shall be permitted to operate games of chance and no progression in any form shall be permitted in the operation of any such game.
Source. 2014, 329:1. 2015, 276:127, eff. July 1, 2015.
Section 287-D:18
287-D:18 Equipment; Ownership and Rental. –
I. If a charitable organization operates games of chance itself, such games of chance shall be conducted with equipment that is:
(a) Owned absolutely;
(b) Used without payment or any compensation therefor by the charitable organization; or
(c) Rented at a fixed fee only from a dealer in such equipment who has his or her principal place of business in this state and who is licensed by the lottery commission.
II. Any contract for the rental of equipment for games of chance shall be independent of any contract for the rental of a facility. No contract for the rental of equipment for games of chance shall be contingent upon the charitable organization’s agreement that it will contract with a particular business for a particular facility or equipment.
III. If a charitable organization’s games of chance are operated through a primary game operator, the charitable organization shall not be charged for the use of any equipment.
Source. 2014, 329:1. 2015, 276:127, eff. July 1, 2015.
Section 287-D:19
287-D:19 Facilities; Rental. –
I. If a charitable organization operates games of chance itself, such games of chance shall be conducted within a facility that is:
(a) The charitable organization’s primary meeting place, whether owned absolutely or rented;
(b) Used by the charitable organization without payment or any compensation; or
(c) Rented by the charitable organization for the express purpose of conducting games of chance; provided that:
(1) The charitable organization shall only rent a facility by means of a fixed rental payment, and such agreement shall be approved by the lottery commission.
(2) The fixed rental payment shall not be based on a percentage of what the charitable organization receives from the game of chance and it shall reflect fair rental value of the property for any use, not only as a place to hold a game of chance.
(3) Any contract for the rental of a facility for a game of chance shall be independent of any contract for the rental of equipment. No contract for the rental of a facility for a game of chance shall be contingent upon the charitable organization’s agreement that it will contract with a particular business for a particular facility or equipment.
II. (a) If a charitable organization contracts for services from a game operator employer licensed under RSA 287-D:8, the game operator employer shall provide equipment and shall not charge the charitable organization for such equipment. No charitable organization shall receive less than 35 percent of the gross revenues from any games of chance minus any prizes paid and rental charge under subparagraph (b).
(b) If a game operator employer charges rent, such charge shall be by written agreement and shall be a fixed payment, not based on a percentage of what the charitable organization receives from the game of chance, and shall reflect fair rental value of the property for any use, not only as a place to hold a game of chance.
(c) Any service or rental agreement entered into by the charitable organization shall be submitted with the charitable organization’s license application for review by the lottery commission.
(d) Under no circumstances shall a charitable organization sustain any loss from games of chance, such that its share of the gross revenues minus any prizes paid, and any rent paid or due, is less than zero dollars, during a license period with a single game operator.
(e) All contracts between a game operator employer and a charitable organization to conduct games of chance under this chapter shall contain the following language: “This agreement represents the entire agreement between the parties. No charge or fee of any kind that is not contained in this agreement shall be paid by the charity.”
(f) No fee for any service which is required by or provided by the game operator employer or primary game operator shall be allowed.
Source. 2014, 329:1. 2015, 276:127, eff. July 1, 2015.
Section 287-D:20
287-D:20 Prizes. –
I. In games where chips have no monetary value, 3 percent of all funds collected from players, less moneys used by the lottery commission to fund authorized personnel expenses and related costs, shall be paid to the state treasurer to be deposited into the special fund established in RSA 284:21-j. Such payments shall be made once per month not later than the 5th day of the month for the funds collected in the previous month.
II. In games where chips have monetary value, 10 percent of the rake or house winnings and other moneys collected by the game operator that are not paid out as prizes to players, less moneys used by the lottery commission to fund authorized personnel expenses and related costs, shall be paid to the state treasurer for deposit into the special fund established in RSA 284:21-j. Such payments shall be made once per month not later than the 5th day of the month for the funds collected in the previous month.
Source. 2014, 329:1. 2015, 276:127, eff. July 1, 2015.
Section 287-D:21
287-D:21 Agency Not Permitted. – No charitable organization shall act as an agent for conducting a game of chance, where it is unlawful for the charitable organization’s principal to conduct such a game.
Source. 2014, 329:1, eff. July 1, 2015.
Section 287-D:22
287-D:22 Financial Reports, Inspections, and Other Records. –
I. (a) A charitable organization shall submit a complete financial report for all game dates licensed under RSA 287-D:4 to the lottery commission on forms approved by the lottery commission within 15 days of the end of each month during which a game of chance was held. Such report shall be completed by the treasurer of the charitable organization or a duly authorized officer, director, or official of the charitable organization who shall certify such accounting under oath; or
(b) A licensed primary game operator under contract to conduct games of chance on behalf of a charitable organization shall prepare and submit the financial reports required under subparagraph (a). In such case the charitable organization shall not be required to submit such report. Such report shall be completed by the primary game operator who shall certify such accounting under oath.
II. The financial report shall include:
(a) A complete statement of all revenues and expenses.
(b) A record of the amount of prizes awarded.
(c) The names and addresses of the members who participated in the games of chance.
(d) The name and address of any fundraising counsel or game operator involved in conducting the games of chance.
III. The charitable organization shall retain canceled checks for the payment of expenses and prizes for a period of 2 years.
IV. All financial reports filed by charitable organizations shall be maintained by the lottery commission for a period of one year from the date of filing and shall be open to public inspection.
V. All records pertaining to the games of chance shall be maintained by the treasurer of the charitable organization or other duly authorized director, officer, or official of the charitable organization and shall be made available to the lottery commission, the attorney general, or the chief of police of any city or town where games of chance are held upon request. The lottery commission may audit, review, or inspect any and all financial records, books, documentation, and bank accounts in the name of the charitable organization that pertain to games of chance.
VI. A charitable organization shall maintain complete and accurate documentation of all revenues and expenses contained in the financial reports for at least 2 years from the date the financial report is filed.
VII. For the purpose of this section “records pertaining to the games of chance” means at a minimum, the following information, provided that the lottery commission may, by rule, establish additional items:
(a) A policies and procedures manual governing gaming activities, procedures related to the operation of a game, including play, surveillance, security, revenue collection, and accounting for, reporting, and auditing the results produced.
(b) Documentation of information technology procedures and controls, including monitoring systems for security incidents, data back-up, and maintenance of systems to ensure integrity of games.
(c) A formal bookkeeping system.
(d) Bank statements, check registers, reconciliations, and cancelled checks for games of chance bank accounts.
(e) Bank deposit slips for the games of chance bank account.
(f) Invoices for all games of chance related purchases.
(g) Pre-numbered 3-part, table credit and fill slips.
(h) Pit game table reconciliation sheets.
(i) Cash poker table reconciliation sheets.
(j) Cage accountability form summarizing daily cage activities.
(k) Cage inventory count sheets supported by employee signatures.
(l) Inventory transfer to and from cage documentation sheets.
(m) Chip inventory documentation forms, including purchase, receipt, balances on hand, storage, and destruction.
(n) Tournament sign-in or registration sheets, buy-in, re-buy, and add-on documentation slips.
(o) Tournament reconciliation sheets.
(p) Documentation for all prize and promotional payouts.
(q) Digital surveillance logs.
(r) Documentation of the calculation of charity allocation and state tax.
(s) All written contracts, agreements, leases, rental agreements, or any other statement of understanding regarding the operation of games of chance.
(t) Employee information, work schedules, sign-in sheets, time cards, and table assignments.
(u) Written manuals for surveillance systems, gaming computer programs, and accounting programs.
(v) Organization chart listing titles, roles, and responsibilities.
Source. 2014, 329:1. 2015, 276:127, eff. July 1, 2015.
Section 287-D:23
287-D:23 Penalties. –
I. In addition to any other penalties provided by law, any person who violates RSA 287-D shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.
II. Each day on which a game of chance is played in violation of RSA 287-D shall constitute a separate offense.
III. The lottery commission may suspend or revoke the license of any licensee who violates any provision of this chapter or for just cause shown. Any licensee whose license is revoked shall not be eligible for licensure for a period of up to one year from the date of revocation.
IV. (a) Any person who purposely or knowingly makes a false entry in any report required under this chapter which results in a reduction of revenues due to a charitable organization shall be guilty of a class A felony.
(b) Any person who recklessly or negligently makes a false entry on any report required under this chapter which results in a reduction of revenues due to a charitable organization shall be guilty of a class A misdemeanor.
(c) Any game operator employer or game operator who fails to remit to a charitable organization all revenues due under this chapter shall be guilty of a class A felony.
V. Any game operator employer or game operator who fails to pay the charitable organization all moneys required by this chapter shall be guilty of a class B felony for any amount less than $500, and a class A felony for any amount equal to or greater than $500.
VI. Any person who violates any provision of RSA 637 in a manner that deprives the charitable organization of any moneys required by this chapter, notwithstanding the penalties set forth in RSA 637:11, shall be guilty of a class B felony for any amount less than $500, and a class A felony for any amount equal to or greater than $500.
VII. In addition to any other penalty imposed under this chapter, a charitable organization that suffers a loss caused by the violation of any provision of this chapter may bring a civil action for actual damages suffered. If the court finds that the violation was committed purposefully or knowingly, it shall award enhanced compensatory damages of not less than 2 times the amount of actual damages suffered, and may award up to 3 times the amount of actual damages suffered. In any civil action, the prevailing party shall be awarded court costs and reasonable attorney’s fees. No waiver of the provisions of this paragraph shall be enforceable.
VIII. The lottery commission may issue an order requiring any person or organization to comply with this chapter or any rule adopted pursuant to this chapter, and may require such remedial measures as may be necessary.
IX. The lottery commission may impose an administrative fine scaled to reflect a violator’s prior history of noncompliance with laws pertaining to games of chance and the scope and severity of the violation, after notice and hearing, pursuant to rules adopted under RSA 541-A, for any violation of this chapter, any rule adopted under this chapter, any license issued pursuant to this chapter, or any order issued pursuant to this chapter, or upon any person who makes or certifies to a material false statement relative to any application or report required by this chapter. In determining the amount of a fine, the lottery commission may take into consideration all relevant circumstances, including: the degree of noncompliance, the extent of harm caused by the violation, the nature and persistence of the violation, the time and cost associated with the investigation by the state, and the economic impact of the violation on the state or the charitable organization conducting or sponsoring the game. No administrative fine imposed under this paragraph shall preclude the imposition of other penalties as provided by law. Rehearings and appeals from a decision of the lottery commission under this paragraph shall comply with RSA 541. Fines imposed by the lottery commission shall be as follows:
(a) The fine for a minor violation shall be not less than $25 and not more than $500 per violation. A minor violation shall be one where the lottery commission determines that the potential for harm to the interests of the state and the charitable organization, as well as the integrity of charitable gaming is minor and may include, but is not limited to, the failure of a game operator, a game operator employer, charitable organization, or charitable organization member to:
(1) Wear a properly issued badge;
(2) Post 2 copies of the laws and rules;
(3) Have a diagram available for each table where games of chance are being played indicating the type of game being played, the bet amount, the buy-in amount, and the re-buy amounts as applicable; or
(4) Publicly display the name of the charitable organization.
(b) The fine for a moderate violation shall be not less than $250 and not more than $1,500 per violation. A moderate violation shall be one where the lottery commission determines that the potential for harm to the interests of the state and the charitable organization, as well as the integrity of charitable gaming is moderate and may include, but is not limited to, a game operator, game operator employer, charitable organization, or charitable organization member:
(1) Filing a late financial report;
(2) Operating a game not specifically listed on the game schedule;
(3) Operating a game on a different date than licensed without approval of the lottery commission;
(4) Committing 3 or more minor violations within 2 years; or
(5) Knowingly operating a game of chance without a representative of the charitable organization present as specified in RSA 287-D:14, XI.
(c) The fine for a major violation shall be not less than $1,000 and not more than $5,000 per violation. A major violation shall be one where the lottery commission determines that the potential for harm to the interests of the state and the charitable organization, as well as the integrity of charitable gaming is major and shall include, but is not limited to, a game operator, game operator employer, charitable organization, or charitable organization member:
(1) Operating a game of chance without a license;
(2) Operating a game of chance without having the personnel or officials required;
(3) Purposely operating a game of chance without a representative of the charitable organization present as specified in RSA 287-D:14, XI;
(4) Operating a game of chance with game operators who are not licensed;
(5) Failing to establish or maintain a New Hampshire bank account; or
(6) Committing 5 or more minor violations or 3 or more moderate violations within 2 years.
(d) The lottery commission may suspend any part of a fine for just cause.
X. All fines imposed by the lottery commission shall be deposited in the special fund established pursuant to RSA 284:21-j.
Source. 2014, 329:1. 2015, 276:127, eff. July 1, 2015
Section 287-D:24
287-D:24 Rehearing and Appeal. – Any person aggrieved by a decision of the commission issued pursuant to this chapter may apply to the commission for a rehearing within 15 business days of the decision. Rehearings and appeals shall be governed by RSA 541.
Source. 2014, 329:1, eff. July 1, 2015.
Section 287-D:25
287-D:25 Subpoenas. – The lottery commission may issue subpoenas for witnesses and for documents relative to investigations or adjudicatory hearings held by the lottery commission. The attorney general shall assist the lottery commission in matters pertaining to the enforcement of subpoenas.
Source. 2014, 329:1. 2015, 276:127, eff. July 1, 2015.
Unlawful Gambling Machines
Section 287-D:26
287-D:26 Purpose. – The general court finds use of gambling machines is pervasive statewide with little or no oversight by the state. The general court also finds that redemption slot machines are frequently a front for unlawful gambling, and the use of such machines siphons money away from legal, charitable gambling to the detriment of the state’s charities. Therefore the general court is establishing an administrative investigation and enforcement ability in addition to existing criminal prosecution.
Source. 2014, 329:1, eff. July 1, 2015.
Section 287-D:27
287-D:27 Definitions. –
For purposes of this subdivision:
I. “Antique gambling machine” means any device or equipment at least 25 years old which is in the possession of a collector and which is not maintained or operated for gambling purposes.
II. “Collector” means a person who for nostalgic reasons, monetary investment, or personal interest acquires antique gambling machines as defined in paragraph I for personal display or retention.
III. “Family entertainment center” means a place of business having at least 50 games or devices designed and manufactured only for bona fide amusement purposes on premises which are operated for the entertainment of the general public and tourists as a bona fide entertainment facility and not having more than 15 percent of the total games or machines being redemption slot machines or redemption poker machines.
IV. “Gambling” means to risk something of value upon a future contingent event not under one’s control or influence, upon an agreement or understanding that something of value will be received in the event of a certain outcome. For the purposes of this paragraph, the phrase “something of value” shall include a sweepstakes ticket or other item obtained in conjunction with the purchase of goods or services that entitles the holder to a share or chance in a sweepstakes where, but for the opportunity to enter the sweepstakes, the value of purchased goods or services is insufficient to justify the purchase or the inducement to purchase the goods or services.
V. “Gambling machine” means any device or equipment that is capable of being used to play sweepstakes or games of chance and which discharges money, or anything that may be exchanged for money, cash equivalent, debit card, merchandise credit card, or opportunities to enter sweepstakes or play games of chance, or displays any symbol entitling a person to receive such a prize.
VI. “Redemption slot machine” or “redemption poker machine” means any device or equipment that operates by means of the insertion of a coin or token and that may entitle the person playing or operating the game or machine to additional chances or free plays, or to receive points or coupons which may be exchanged for merchandise only, excluding alcoholic beverages, money, cash equivalent, debit card, merchandise credit card, or opportunities to enter sweepstakes or play games of chance, and provided the value for such points or coupons does not exceed 21/2 cents for each credit on the game or machine.
VII. “Sweepstakes” means any game, advertising scheme or plan, or other promotion which, with or without payment of any consideration, a person may enter to win or become eligible to receive any prize, the determination of which is based upon chance. For purposes of this chapter, the term includes only those sweepstakes that an entrant can enter, play, or otherwise interact with using a gambling machine furnished by the sweepstakes operator or an affiliate or person under contract with the operator, in an establishment controlled by, affiliated with, or contracting with the operator.
Source. 2014, 329:1, eff. July 1, 2015.
Section 287-D:28
287-D:28 Investigation and Enforcement. – The commission shall investigate and enforce this subdivision relating to gambling machines and shall have statewide jurisdiction whether or not persons or entities are licensed by the commission. The commission may seek administrative search warrants as required, and may issue subpoenas as provided in RSA 287-D:25.
Source. 2014, 329:1, eff. July 1, 2015.
Section 287-D:29
287-D:29 Gambling Machines Not Authorized. – A person shall be in violation of this subdivision if such person conducts, finances, manages, supervises, directs, or owns all or part of a business, and such person or business possesses or promotes gambling on a gambling machine.
Source. 2014, 329:1, eff. July 1, 2015.
Section 287-D:30
287-D:30 Fines and Forfeiture. – Any person who violates this subdivision shall be fined not less than $5,000 per day for each gambling machine used or intended for use, and all implements, equipment, and apparatus used in violation of this subdivision shall be forfeited.
Source. 2014, 329:1, eff. July 1, 2015.
Section 287-D:31
287-D:31 Exceptions. –
This subdivision shall not apply to:
I. Dispenser devices approved by the commission which are located at the regular meeting place of, or at a facility owned, leased, or utilized by, a charitable organization licensed under RSA 287-E:20.
II. Bona-fide redemption slot machines or redemption poker machines at a family entertainment center.
III. Cruise ships which are equipped with gambling machines whose primary purpose is touring. Any such cruise ship shall be allowed to temporarily enter New Hampshire coastal waters and ports for up to 48 hours, provided that all gambling machines on board are not in use or capable of being used while in New Hampshire coastal waters and ports. For the purposes of this paragraph “cruise ship” means any vessel which is capable of providing overnight accommodations for 500 or more people.
IV. An antique gambling machine in the possession of a collector which is not maintained or operated for gambling purposes.
Source. 2014, 329:1, eff. July 1, 2015.
TITLE XXIV
GAMES, AMUSEMENTS, AND ATHLETIC EXHIBITIONS
CHAPTER 287-E
BINGO AND LUCKY 7
Section 287-E:1
287-E:1 Definitions. –
I. “Bingo” means 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.
II. “Bona fide guest” means any person who has paid the fee established by a private campground for utilization of a designated space for purposes of recreational camping, and invited guests and members of the family of such person. “Bona fide guest” shall not include the owner, operator or employees of the private campground, or the families of such persons, or persons invited to the private campground by the owner, operator or employees of the private campground for the purpose of participating in bingo games.
III. “Bona fide member” means 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.
(c) Not have become a member solely for the purpose of operating bingo games.
III-a. “Bonus” means a monetary prize provided by the charitable organization that is awarded in addition to prizes derived from moneys paid by players.
IV. “Carnival” means an event sponsored by a charitable organization at which various rides and amusements are offered and the profits of which are to be used to further the charitable purposes of the charitable organization.
IV-a. “Carry-over coverall” means 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 game dates.
V. “Charitable organization” means any bona fide religious, charitable, civic, veterans or fraternal organization which shall have been registered with the secretary of state for at least 2 years and in existence and organized under the laws of this state for at least 2 years in a town or city in this state, and which possesses 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 is covered under a group ruling issued by the Internal Revenue Service under authority of those sections. To be eligible for licensure under this chapter, a charitable organization shall do all of the following:
(a) Document that it is exempt from federal income tax.
(b) Establish that the religious, civic, fraternal, veterans, or charitable purposes for which it was organized, other than charitable gambling, are furthered through activities conducted in the town or city in which the charitable organization is organized.
(c) Register with the secretary of state and, if required under RSA 7:19-32-a, with the director of charitable trusts.
(d) Maintain a current list of bona fide members.
(e) Document that the organization has 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 is covered under a group ruling issued by the Internal Revenue service under authority of those sections.
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.
V-a. “Commercial hall” means 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.
VI. “Commission” means the state lottery commission.
VI-a. “Coverall” means a bingo game with 75 consecutively numbered balls drawn randomly in which a prize is awarded to the first player who covers all 24 numbers on a card.
VI-b. “Gaming consultant” means 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 games 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.
[Paragraph VII effective until January 1, 2020; see also paragraph VII set out below.]
VII. “Hotel” means “hotel” as defined in RSA 78-A:3, III.
[Paragraph VII effective January 1, 2020; see also paragraph VII set out above.]
VII. “Hotel” means “hotel” as defined in RSA 78-A:3.
VIII. “Private campground” means 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.
IX. “Progressive” means 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.
X. “Shared carry-over coverall” means 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. “Host hall” means a commercial hall or charitable organization approved by the commission where a shared carry-over coverall bingo game originates. “Participating hall” means 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. 1983, 417:1. 1998, 59:1. 2001, 206:1. 2004, 97:8; 257:10. 2007, 280:4. 2008, 25:1. 2011, 259:28. 2014, 191:1-4. 2015, 276:127, eff. July 1, 2015. 2016, 10:1, eff. Sept. 14, 2016. 2018, 300:1, eff. Aug. 24, 2018. 2019, 304:10, eff. Jan. 1, 2020.
Bingo Games
Section 287-E:2
287-E:2 Administration and Enforcement. – The lottery commission shall administer and enforce this subdivision relating to bingo.
Source. 1983, 417:1. 1986, 67:10. 2004, 97:8; 257:11. 2008, 25:1. 2015, 276:127, eff. July 1, 2015.
Section 287-E:3
287-E:3 Rulemaking. –
The commission shall adopt rules, pursuant to RSA 541-A, relative to:
I. The application procedure for bingo licenses.
II. Information to be required on license applications.
II-a. The application procedure for distributor and manufacturer licenses under RSA 287-E:8-a.
III. [Repealed.]
IV. Procedures for a hearing following the revocation of a license and the imposition of administrative orders and fines.
V. The operation of bingo games.
VI. Bingo games conducted by senior citizens’ organizations.
VII. The price for a single card or play in bingo games.
VIII. Bingo games at agricultural fairs.
IX. The rental of facilities and the leasing of equipment for use in bingo games.
X. Bingo games at campgrounds and hotels.
XI. The definition of salaried employees of veterans and fraternal organizations who may sell lucky 7 tickets.
XII. Accountability controls to ensure game integrity, including, but not limited to, cash, attendance, prizes, income, expense and financial reporting, and record-keeping to be implemented by licensed charitable organizations in addition to the requirements set forth in RSA 287-E:9.
XIII. Package games.
XIV. A carry-over coverall game or a shared carry-over coverall game, including the application process for host halls.
XV. Other matters related to the proper administration of this chapter.
XVI. The issuance of subpoenas pursuant to RSA 287-E:14-a.
XVII. The licensing procedure for gaming consultants.
Source. 1983, 417:1. 1985, 295:5. 1986, 67:21. 1997, 328:1. 2015, 276:129, 130, eff. July 1, 2015. 2016, 10:2, eff. Sept. 14, 2016. 2018, 300:2, eff. Aug. 24, 2018.
Section 287-E:3-a
287-E:3-a Repealed by 2010, 190:14, I, eff. Jan. 1, 2011. –
Section 287-E:4
287-E:4 License Fees. –
I. Except as otherwise provided in RSA 287-E:10-13, the bingo license application fee shall be $25 per day.
II. Such fee shall be submitted to the commission at the time the application for a bingo license is filed and, shall be refunded if the application is denied.
II-a. The license fee for a commercial premises bingo license under RSA 287-E:5, VI shall be $250 per year. Such fee shall be submitted to the commission at the time the application is made and shall be refunded if the application is denied.
II-b. The license fee for a gaming consultant shall be $100 per year. Such fee shall be submitted to the commission at the time the application is made and shall be refunded if the application is denied.
III. All funds collected by the commission under this section and RSA 287-E:8 shall be deposited in the special fund established under RSA 284:21-j.
Source. 1983, 417:1. 1985, 295:9. 2011, 259:18, eff. Sept. 11, 2011. 2018, 300:3, eff. Aug. 24, 2018.
Section 287-E:5
287-E:5 License Applications. –
I. Applications shall be submitted to the commission by an officer, director, or duly authorized official of the charitable organization. Proof of authority to submit the application on behalf of the charitable organization may be required.
II. Applications shall be made only on the forms supplied to the charitable organization by the commission.
III. No license shall be issued unless the application form is fully completed by the duly authorized officer, director, or official of the charitable organization.
IV. Applications shall be received by the commission 15 days prior to the first game date of each month. This requirement may be waived by the commission for good cause shown.
V. The applicant shall certify under oath that:
(a) The information provided on the application is accurate.
(b) Only bona fide members of the charitable organization will operate the bingo games.
(c) Neither the applicant nor any member of the charitable organization who will operate the bingo games and sell lucky 7 tickets has been convicted of a felony within the previous 10 years which has not been annulled by a court, or a misdemeanor involving falsehood or dishonesty within the previous 5 years which has not been annulled by a court, or has violated the statutes or rules governing charitable gambling.
(d) The applicant and any member of the charitable organization who will be participating in the operation of the bingo games is aware of all statutes and rules applicable to the operation of bingo games.
VI. If a charitable organization intends to lease or rent premises for the conduct of bingo from an entity other than a charitable organization or governmental subdivision, the entity leasing or renting out the premises shall be licensed by the commission. The license shall be applied for by filing an application supplied by the commission. The commission may issue a license for a period of one year which shall expire on June 30 of each year unless sooner revoked or suspended for just cause by the commission.
VII. To be eligible for licensure under this chapter a charitable organization shall:
(a) Document that it is exempt from federal income tax.
(b) Establish that the religious, civic, fraternal, veterans, or charitable purposes for which it was organized, other than charitable gambling, are furthered through activities conducted in the town or city in which the charitable organization is organized.
(c) Register, if required under RSA 7:19-32, with the director of charitable trusts.
(d) Maintain a current list of bona fide members.
Source. 1983, 417:1. 1985, 295:10. 1987, 321:1. 1997, 328:2. 1998, 59:2. 2003, 315:3. 2005, 277:2, eff. July 22, 2005.
Section 287-E:6
287-E:6 Licenses. –
I. Bingo licenses shall only be issued to charitable organizations which meet the requirements of RSA 287-E:5 and paragraph II of this section.
II. Except as provided in RSA 287-E:10-13, bingo licenses may be issued to a charitable organization to conduct bingo games only under the following conditions:
(a) No more than one license shall be issued to a charitable organization per calendar month, and the license shall permit no more than 10 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. The license shall expire on the last game date authorized under said license.
(b) The provisions of subparagraph II(a) notwithstanding, a license may be issued to a charitable organization per fiscal year, and the license shall permit no more than 10 game dates of bingo in one calendar month and no more than 120 game dates of bingo in one calendar year. The license shall expire on the last game date authorized under the license. Charitable organizations electing to receive an annual license under this paragraph shall be ineligible to receive concurrently a monthly license under subparagraph II(a), and charitable organizations licensed under subparagraph II(a) shall be ineligible to receive concurrently an annual license under this subparagraph.
(c) A license shall authorize games at specific times on specific dates at specific locations and may authorize bingo games to be conducted at carnivals.
(d) No more than 2 licensed charitable organizations may conduct bingo games at any one location on any specified date.
(e) A license shall not be transferable.
Source. 1983, 417:1. 1986, 67:1. 1987, 321:2. 1991, 271:1. 1995, 300:3. 1998, 59:3, eff. May 12, 1998.
Section 287-E:7
287-E:7 Operation of Bingo Games. –
Except as otherwise provided in RSA 287-E:10-13:
I. (a) Only bona fide members of charitable organizations shall operate bingo games; except that, if all bona fide members of a charitable organization are under 18 years of age, adult officers or directors of the charitable organization or parents or legal guardians of bona fide minor members, who have been authorized by the officers or directors of the charitable organization, shall operate the games. Proof of bona fide membership shall be required.
(b) Notwithstanding subparagraph (a), if, by reason of the established criteria for membership, all bona fide members of the charitable organization are physically or mentally disabled, or both, the officers, directors, or authorized officials of the charitable organization may designate individuals to conduct the operation of bingo games on behalf of said charitable organization. Individuals so designated are subject to all applicable provisions of this chapter, and the designation of such individuals is subject to the approval of the commission.
(c) Notwithstanding subparagraph (a), all charitable organizations that conduct bingo games for charitable purposes may allow spouses, sons, and daughters of bona fide members who are at least 18 years of age to assist with the operation of the bingo games.
II. (a) No compensation shall be paid to bona fide members of a charitable organization or others, except as provided in subparagraph (b), who operate or assist in the operation of a bingo game. Compensation shall include, but is not necessarily limited to, money or any other thing of value. Bona fide members of a charitable organization who operate or assist in the operation of bingo games may be reimbursed for their out-of-pocket expenses in an amount not to exceed $25 per game date, provided that such expenses are itemized and submitted in writing to the charitable organization.
(b) No compensation shall be paid to any person or entity for services described in RSA 287-E:1, VI-b unless the individual or entity is licensed by the commission as a gaming consultant, and the services to be provided are agreed to in advance in writing by the charitable organization and submitted to the commission. Participation in and charges for such activities shall be solely at the discretion of the charitable organization. Failure to participate in any of these activities shall not constitute grounds for expulsion from any hall where bingo games are held or lucky 7 tickets are sold.
III. No one under the age of 18 years shall be admitted to the premises on which bingo games are being conducted, except when the bingo games are being conducted at a carnival. Proof of age shall be produced upon request of the commission. When bingo games are conducted at a carnival, persons under the age of 18 years may be admitted to the premises on which the bingo games are being conducted when accompanied and supervised by a parent or legal guardian; but persons under the age of 18 shall not be permitted to play bingo at a carnival.
IV. No bingo games shall be conducted prior to 11:00 a.m. or after 11:00 p.m. on any day.
V. No person who has leased out a facility or sold or leased bingo paraphernalia or related equipment to a charitable organization for use during bingo games shall participate or play in any game conducted at that location on that date. The chairperson or treasurer of a charitable organization may operate or assist in the operation of a bingo game conducted by his or her charitable organization; however, each chairperson or treasurer may not play in or assist in the playing of any game conducted at that locality on that date.
V-a. A person who volunteers to assist in the operation of a bingo game may play bingo after assisting with the operation of the game; provided that once a person has played bingo on a given date, that person may no longer assist with the operation of the bingo game on that date.
VI. No person who has been convicted of a felony or class A misdemeanor within the previous 10 years which has not been annulled by a court, or a class B misdemeanor within the past 5 years which has not been annulled by a court, or who has violated any of the statutes or rules governing charitable gambling in the past in this or any other state shall operate a bingo game or participate in the sale of lucky 7 tickets licensed under this chapter, or rent, lease, sublease, or otherwise provide any hall or bingo paraphernalia for the conduct of bingo licensed under this chapter.
VII. No charitable organization shall act as an agent for operating bingo games when it is unlawful for the charitable organization’s principal to conduct bingo games.
VIII. The price to be paid for a single bingo card shall be established by rules adopted by the commission.
IX. No fee shall be charged for admission to bingo games.
X. Raffles permitted under RSA 287-A and RSA 287-D may be conducted at the same time and in the same place as a bingo game licensed under this chapter.
XI. Except as provided in paragraphs XIII and XV, all prizes, tokens, or awards used, given, offered or awarded in connection with any game or series of games conducted on one game date shall not exceed the total value of $4,000, up to $500 of which may be provided by the commercial hall.
XII. All bingo game paraphernalia or related equipment used in conducting bingo games shall be subject to inspection and approval by the commission.
XIII. During any game or series of games conducted on any one game date 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, provided that:
(a) Winners may be awarded prizes when predetermined designs are completed; however, no more than 75 numbers shall be called in the game, and no number may be called more than once.
(b)(1) All money collected from the participants in such game or games shall be collected and counted, and shall be kept separately from all other moneys collected by the charitable organization during the bingo games conducted on the premises, and shall comply with the accounting provisions under RSA 287-E:9.
(2) If the commission determines that a charitable organization is not complying with subparagraph (1), the commission may order the charitable organization to exclude winner take all games from its game packages, until the charitable organization institutes written procedures, acceptable to the commission, regarding the accounting of winner take all games.
(c) The total amount collected from the participants shall be publicly announced and shall be recorded by an officer, director or authorized official of the charitable organization.
(d) The total amount awarded in the game shall not exceed 86 percent of the total amount collected from the participants in the game.
(e) A game reimbursement fee equal to 7 percent of the total amount collected from participants in any winner take all game shall be paid to the charitable organization operating the game.
(f) Winner take all games may be played as progressive games.
(g) Winner take all games may offer a predetermined bonus not to exceed $3,000.
XIV. [Repealed.]
XV. A progressive coverall game:
(a) May be played once during any given game date;
(b) Shall be played on the second or last coverall;
(c) Shall not have a total of prize and bonus combined exceeding $3,000; and
(d) May offer a predetermined consolation prize to the game winner who first achieves coverall.
XVI. A carry-over coverall game or a shared carry-over coverall game:
(a) May be played once during any given game date.
(b) Notwithstanding any other law to the contrary, may allow prize money to accumulate until there is a winner.
(c) Shall award a predetermined consolation prize to the game winner who first achieves coverall, the consolation prize is paid from the accumulated carry-over.
(d) Shall award a prize which shall be taxed under RSA 287-E:8.
Source. 1983, 417:1. 1985, 295:11, 12; 374:2. 1986, 67:2, 3. 1989, 340:1. 1990, 35:1; 123:2; 140:2, X. 1991, 271:2; 276:2; 345:1. 1994, 221:1. 1995, 300:2. 1999, 241:1. 2000, 171:1. 2002, 157:1, 2. 2003, 315:4. 2005, 121:1. 2007, 280:1. 2010, 190:10, 11, 13. 2011, 259:11. 2014, 191:5-11, eff. Sept. 9, 2014. 2016, 10:4, eff. Sept. 14, 2016; 313:3, eff. Aug. 23, 2016. 2018, 300:4, eff. Aug. 24, 2018.
Section 287-E:8
287-E:8 Bingo Tax. – Except for bingo games licensed under RSA 287-E:10-13 and for prizes awarded under RSA 287-E:7, XV, the licensee shall pay a tax of 7 percent of the total amount collected from participants in any game conducted in accordance with RSA 287-E:7, XIII.
Source. 1983, 417:1. 1986, 67:5. 1990, 123:1, eff. May 19, 1990.
Section 287-E:8-a
287-E:8-a Distributors and Manufacturers of Bingo Supplies and Equipment. –
The commission shall license distributors and manufacturers of bingo paper supplies, electronic bingo player systems, and lucky 7 vending machines sold, leased, or rented in this state. A distributor with a current New Hampshire license for distribution of lucky 7 tickets shall be authorized to distribute bingo paper supplies and electronic bingo player systems and lucky 7 vending machines, and shall not be required to file for licensing under this section. All bingo paper supplies, electronic bingo player systems, and lucky 7 vending machines shall be purchased, leased, or rented from a licensed distributor and manufactured by a licensed manufacturer. All bingo paper sold to charitable organizations by New Hampshire licensed distributors shall be recorded by serial numbers and listed on the charitable organization’s invoices. A license shall be issued to a distributor or manufacturer under the following conditions, provided that the commission may, by rule, establish additional qualifications for licenses:
I. The applicant for a distributor’s license shall pay to the commission an annual license or license renewal fee of $10,000. Such fee shall authorize the distribution of bingo paper supplies, electronic bingo player systems, and lucky 7 vending machines within the state of New Hampshire and the warehousing of bingo paper supplies, electronic bingo player systems, and lucky 7 vending machines for subsequent sale out of state. A distributor with a current New Hampshire license for distribution of lucky 7 tickets shall not be required to pay the additional licensing fee under this section.
II. The applicant shall certify that neither the applicant nor any partner, officer, or director has been convicted of a felony, which has not been annulled by any court, within 10 years from the date of application.
III. Each licensee shall post a bond in the amount of $50,000, conditioned upon the licensee’s compliance with the rules of the commission. A distributor with a current New Hampshire license for distribution of lucky 7 tickets shall not be required to post the additional bond under this section.
IV. An applicant for a license as a distributor shall have a principal place of business located within this state.
V. (a) The commission shall issue a special license to manufacturers of bingo paper supplies, electronic bingo player systems, and lucky 7 vending machines leased, rented, or sold in the state. A manufacturer with a current New Hampshire license to manufacture lucky 7 tickets shall not be required to pay the additional licensing fee under this paragraph.
(b) The fee for such special license shall be $5,000 per year or for any part of a year.
VI. All financial records pertaining to carry-over coverall bingo shall be maintained by the host hall or the host hall’s shared carry-over coverall service provider for a period of at least 2 years, and shall be made available to representatives of the commission or of the commissioner of safety upon request.
Source. 1997, 328:3. 1998, 90:1. 2001, 145:1, eff. June 29, 2001. 2016, 10:5, eff. Sept. 14, 2016.
Section 287-E:9
287-E:9 Financial Reports and Inspection Required. –
I. A charitable organization which has been licensed to conduct bingo games shall submit a complete financial report to the commission for each license issued under RSA 287-E:6 within 15 days after the expiration of each license; provided, however, a complete monthly financial report shall be submitted in a timely fashion to the commission for each month covered by a license issued under RSA 287-E:6, II.
II. The financial report shall be completed by the treasurer of the charitable organization or a duly authorized officer, director, or official of the charitable organization who shall certify such accounting under oath.
III. The financial report shall include:
(a) A complete statement of revenues and expenses.
(b) A record of the amount of prizes awarded.
(c) The names and addresses of the members of the charitable organization who operated the licensed games.
(d) The name and address of any person, partnership, corporation or other entity from whom equipment used at the licensed games was rented or leased.
(e) The name and address of any person, partnership, corporation or other entity from whom premises were leased or rented to conduct the licensed games.
(f) The name and address of, and the fee paid to, any person, or business entity, who provided consulting, accounting, management, or other similar services to the organization for the operation of bingo.
IV. All charitable organizations licensed under this chapter shall maintain a separate checking account for the deposit and disbursement of all income relating to bingo and lucky 7, except cash prizes awarded at the games. All expenses shall be paid by check, or electronic funds transfers. All prizes of $500 or more shall be paid by check. There shall be no commingling of bingo and lucky 7 funds with other funds of the charitable organization. The organization shall retain all cancelled checks for the payment of expenses and prizes for at least 2 years. The organization may cash checks which it issues.
V. All financial reports filed by charitable organizations shall be maintained by the commission for a period of one year from the date of filing and shall be open to public inspection.
VI. All financial records pertaining to the operation of bingo games shall be maintained by the treasurer of the charitable organization or other duly authorized director, officer or official of the charitable organization and shall be made available to representatives of the commission or of the commissioner of safety upon request.
VII. A charitable organization which has been licensed to conduct bingo games shall maintain complete and accurate documentation of all revenues and expenses contained in the financial reports for at least 2 years from the date the financial report is filed.
Source. 1983, 417:1. 1985, 295:13. 1986, 67:6, 12. 1997, 328:4. 2003, 262:1. 2008, 44:1. 2011, 259:12, 13, eff. Sept. 11, 2011.
Section 287-E:10
287-E:10 Bingo Games at Agricultural Fairs. –
The commission may issue a bingo license to an agricultural fair eligible for benefits under RSA 284:25, subject to the following conditions:
I. Games of bingo may be conducted only on those days during which the agricultural fair holds its annual bona fide agricultural exhibition.
II. The license shall not be transferable.
III. Games shall be operated only by persons designated by the agricultural fair.
IV. When bingo games are conducted at an agricultural fair, persons under the age of 18 years may be admitted to the premises on which the bingo games are being conducted when accompanied and supervised by a parent or legal guardian; but persons under the age of 18 shall not be permitted to play bingo at an agricultural fair. Proof of age shall be produced upon request of the commission.
V. There shall be no limit on the total value of prizes, tokens or awards given for any game or series of games.
VI. The bingo license application fee for an agricultural fair shall be $25 per day.
VII. The organization conducting any agricultural fair shall not charge any charitable organization greater ground rent, concession fee or any other fee for a location for conducting games of bingo more than that which is charged for the same or similar locations for other types of concessions on the fair grounds.
VIII. The agricultural fair shall submit a report to the commission within 15 days of the expiration of its license. The report shall include a statement of all revenues and expenses relating to bingo games, a record of all prizes awarded at bingo games, and the names and addresses of the operators of bingo games.
IX. All other provisions of RSA 287-E shall also apply to bingo games conducted at agricultural fairs.
Source. 1983, 417:1. 1985, 295:7, eff. July 1, 1985.
Section 287-E:11
287-E:11 Senior Citizens’ Bingo. –
Any senior citizens’ organization in a city or town which has adopted RSA 287-E may conduct bingo games without a license under the following conditions:
I. Except as provided in paragraph IV, games of bingo 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.
II. The price to be paid for a single card or play shall not exceed $.75.
III. All prizes, tokens, or awards used, given, offered, or awarded during or in connection with this section, in any one game on any calendar day, shall not exceed a payout value of $500.
IV. Persons under 55 years of age who are assisting persons 55 years of age or older may be allowed on the premises.
Source. 1983, 417:1. 1989, 29:1. 1991, 271:3. 2000, 171:2. 2005, 121:2. 2007, 188:1, eff. Aug. 17, 2007. 2016, 170:1, eff. Aug. 2, 2016.
Section 287-E:12
287-E:12 Bingo for Private Campgrounds and Hotels. –
Any private campground or hotel may conduct bingo games provided:
I. The price to be paid for a single card or play under this section shall not exceed $0.50.
II. The campground or hotel shall conduct no more than 2 game dates of bingo in any one calendar week.
III. All revenues received from the sale of bingo cards in any game or series of games on any one calendar day shall be paid out to the players. 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 that same day shall not exceed a payout value of $2,000.
IV. Games shall be operated only by persons on the staff of the campground or hotel. Such staff shall operate the games without compensation from the bingo revenues.
V. The games of bingo shall be open only to persons 18 years of age or older who are bona fide guests at the campground or hotel.
VI. No campground or hotel shall act as an agent for operating games of bingo when it is unlawful for such campground’s or hotel’s principal to operate bingo games.
VII. The campground or hotel shall have been in existence for at least 2 years in the city or town in which the bingo games are to be conducted.
VIII. The campground or hotel shall maintain a current list of bona fide guests.
IX. The campground or hotel shall not have been established solely for the purpose of operating bingo games.
Source. 1983, 417:1. 2011, 259:14, eff. Sept. 11, 2011. 2016, 170:2, eff. Aug. 2, 2016. 2018, 295:1, eff. June 25, 2018.
Section 287-E:13
287-E:13 Children’s Bingo at Private Campgrounds or Hotels. –
Any campground or hotel may conduct special bingo games for children under the conditions specified in RSA 287-E:12, except:
I. 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.
II. There shall be no charge for play.
III. Games shall be open only to persons under the age of 18. Any person over the age of 18 may play the game for the purpose of supervising the child or children he or she is with, however such adult shall not be eligible to win. The card such 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.
IV. Nonmonetary prizes may be awarded, but the value of any prize shall not exceed $5. Prizes or awards shall not be exchanged for money.
Source. 1983, 417:1. 2011, 259:15, eff. Sept. 11, 2011. 2016, 24:1, eff. June 24, 2016; 313:4, eff. Aug. 23, 2016.
Section 287-E:13-a
287-E:13-a Shared Carry-Over Coverall Bingo. –
I. The commission may approve a host hall for shared carry-over coverall bingo if:
(a) The host hall holds a valid bingo license under RSA 287-E:6.
(b) At least 30 days before the proposed game date, the host hall submits a plan to the commission including:
(1) The distributor or manufacturer of the bingo equipment to be used for shared carry-over coverall bingo.
(2) The technology used to broadcast the game to participating halls. Such technology shall meet the International Technical Standards for Electronic Gaming Machines set forth by the International Association of Gaming Regulators.
(3) The name of the bank used to maintain prize money.
(4) The names and addresses of all participant halls.
(c) The host hall posts a bond, conditioned upon the host hall’s compliance with the rules of the commission. The commission shall have the authority to set the bond at no less than $50,000 and no more than the highest prized jackpot prize offered in the last 24 months.
II. A host hall approved under paragraph I may conduct and simulcast carry-over coverall games in accordance with commission rules, and utilize software and electronic devices that have been tested by an independent testing laboratory and approved by the commission.
III. Host hall approval is non-transferrable.
IV. The commission shall respond to a host hall’s request for approval for shared carry-over coverall bingo within 30 days of receipt of such request. Such approval shall be valid for one year from the date of its issue.
V. Shared carry-over coverall games shall be operated only by persons designated by the host hall.
VI. Numbers for shared carry-over coverall bingo shall only be selected by a live person.
VII. There shall be a limit of 18 cards per player.
VIII. There shall be no limit on the total value of prizes, tokens, or awards for any shared carry-over coverall game or series of shared carry-over coverall games.
IX. If a charitable organization enters into a contract with a host hall for shared carry-over coverall bingo, the charitable organization shall retain the profit percentage set by the commission on January 1 of each year, but which shall not be less than 7 percent of the gross revenues from any shared carry-over coverall bingo games. The host hall shall retain the profit percentage set by the commission on January 1 of each year based on the average cost of operating shared carry-over coverall bingo. Such percentage shall not be less than 7 percent of the gross revenues from any shared carry-over coverall bingo game. If the host hall is a charitable organization the charitable organization shall receive both the charitable organization profit percentage and the host hall profit percentage. The host hall shall pay the bingo tax under RSA 287-E:8. No charitable organization shall sustain a loss from bingo such that its share of the gross revenues would be less than zero dollars, for the duration of its contact with a single host hall.
Source. 2016, 10:6, eff. Sept. 14, 2016.
Section 287-E:14
287-E:14 Administrative Orders and Fines. –
I. The commission, pursuant to rules adopted under RSA 287-E:18, may impose an administrative order or fine, which shall be scaled to reflect the scope and severity of the violation for each offense, upon any person who violates any provision of this chapter or rules adopted pursuant to this chapter.
II. Any administrative fine imposed under this section shall not preclude the imposition of further penalties or administrative actions under this chapter.
III. All fines imposed by the lottery commission shall be deposited in the special fund established pursuant to RSA 284:21-j.
Source. 1983, 417:1. 1986, 67:7. 2015, 276:131, eff. July 1, 2015.
Section 287-E:14-a
287-E:14-a Subpoenas. – The lottery commission or, when applicable, the hearings officer, may issue subpoenas for witnesses and for documents relative to investigations or adjudicatory hearings held by the commission.
Source. 2015, 276:132, eff. July 1, 2015.
Section 287-E:15
287-E:15 Rehearing and Appeal. – Any person aggrieved by a decision of the commission to deny or revoke a bingo license may apply to the commission for a rehearing within 15 business days of the decision. Rehearings and appeals shall be governed by RSA 541.
Source. 1983, 417:1, eff. July 1, 1983.
Lucky 7
Section 287-E:16
287-E:16 Administration and Enforcement. – The lottery commission shall administer and enforce this subdivision relating to the sale of lucky 7 tickets.
Source. 1983, 417:1. 1986, 67:13. 2004, 97:8; 257:12. 2008, 25:1. 2015, 276:127, eff. July 1, 2105.
Section 287-E:16-a
287-E:16-a Definitions. –
In this subdivision:
I. “Bag tickets” means a type of lucky 7 tickets of paper composition which are joined together and which bear a certain combination of numbers and symbols to indicate whether or not a prize is to be given. Tickets of this type are sometimes referred to as “staple tickets.”
II. “Deal” means either a box or bag of lucky 7 tickets, containing a certain count of uncirculated tickets bearing a serial number.
III. “Pull tab ticket” means a type of lucky 7 ticket which consists of a cardboard card with pull tabs bearing certain combinations of symbols or numbers which indicate whether or not a prize is to be given.
Source. 1990, 181:1, eff. June 26, 1990.
Section 287-E:17
287-E:17 Lucky 7 Licenses Required. – No person shall sell lucky 7 tickets without a current and valid lucky 7 license issued under this chapter.
Source. 1983, 417:1. 1987, 321:3, eff. July 24, 1987.
Section 287-E:18
287-E:18 Rulemaking. –
The commission shall adopt rules, pursuant to RSA 541-A, relative to:
I. The application procedure for lucky 7 licenses.
II. Information to be required on lucky 7 license applications.
III. The sale of lucky 7 tickets.
IV. The licensing of manufacturers and distributors of lucky 7 tickets.
IV-a. The licensing procedure for gaming consultants.
V. Accountability control to ensure ticket sales integrity and record-keeping.
VI. The inspection and enforcement of bingo and lucky 7.
VII. Procedures for a hearing following the revocation of a license, and the imposition of administrative fines.
VIII. The issuance of subpoenas pursuant to RSA 287-E:26-a.
IX. Other matters related to the proper administration of this chapter.
Source. 1983, 417:1. 1985, 295:6. 2004, 257:13. 2015, 276:133, eff. July 1, 2015. 2018, 300:5, eff. Aug. 24, 2018.
Section 287-E:18-a
287-E:18-a Repealed by 2010, 190:14, III, eff. Jan. 1, 2011. –
Section 287-E:19
287-E:19 Application Fee; Application of Funds. –
I. The lucky 7 license fee shall be $10 per month or any part of a month for up to 12 consecutive months per application.
II. Applications for renewal shall be received by the commission 15 days prior to expiration, unless such requirement is waived by the commission for good cause shown.
III. All fees collected by the commission under this section shall be deposited in the special fund established under RSA 284:21-j.
IV. The license fee for a gaming consultant shall be $100 per year. Such fee shall be submitted to the commission at the time the application is made and shall be refunded if the application is denied.
Source. 1983, 417:1. 1997, 26:1. 1998, 59:4. 2003, 254:1, eff. July 1, 2003. 2018, 300:6, eff. Aug. 24, 2018.
Section 287-E:20
287-E:20 Lucky 7 Licenses. –
The commission may issue a lucky 7 license to a charitable organization for the sale of lucky 7 or similar tickets under the following conditions:
I. The license shall specify where the tickets may be offered for sale, provided that the license shall not authorize a charitable organization to sell lucky 7 tickets except at a place where a bingo game has been authorized, or in a town or city which has authorized the sale of lucky 7 tickets under RSA 287-E:27.
II. The price of any lucky 7 ticket pack or ticket card shall not exceed $.50.
III. The license shall not be transferable, shall expire on the last day of the last month for which it was issued, and shall only be valid for one location. A separate license shall be obtained for each location at which lucky 7 tickets are to be sold.
IV. At least 45 percent of the gross revenues from the sale of lucky 7 tickets shall be paid as prizes.
V. Lucky 7 licenses shall be prominently displayed in the area in which the lucky 7 tickets are sold.
VI. Only charitable organizations as defined in RSA 287-E:1, V shall be eligible for licensing.
Source. 1983, 417:1. 1987, 321:4. 1997, 328:5. 1998, 59:5, 6. 2003, 254:2, eff. July 1, 2003.
Section 287-E:21
287-E:21 Sale of Lucky 7 Tickets. –
I. Only bona fide members of a charitable organization licensed under this subdivision shall sell lucky 7 tickets, except that salaried employees, as defined in rules adopted by the commission, of a licensed veterans or fraternal organization may sell lucky 7 tickets only on the premises of such organization, provided such employees comply with all laws and rules relating to the sale of lucky 7 tickets. Proof of membership may be required by the commission.
II. Lucky 7 tickets may only be sold at the location specified in the license issued by the commission, which shall include either:
(a) The regular meeting place of or a facility owned, leased or utilized by the charitable organization for its activities;
(b) Any other location where the sale of lucky 7 tickets is conducted in conjunction with and at the same time as an event sponsored or co-sponsored by the charitable organization, to be held once a year, and will be held for no more than 4 consecutive days; or
(c) Lucky 7 tickets sold in conjunction with bingo games may be sold between the hours of 12 p.m. and 1 a.m. on any licensed game date.
III. No charitable organization shall conduct door-to-door sales of lucky 7 tickets.
III-a. Lucky 7 tickets may be sold by dispenser devices approved by the commission and located at the regular meeting place of, or at a facility owned, leased, or utilized by, the licensee for its activities, provided that the commission shall not authorize the use of any lucky 7 dispenser device which was not in use on or before January 1, 2011, unless such device dispenses a paper or cardboard ticket which has a manual break-open feature and specifications for such dispenser device are contained in the rules of the commission. Any permitted lucky 7 device shall not be in the nature of a slot machine and the outcome of any wager involving a permitted lucky 7 device shall be determined solely by and on the cardboard or paper ticket.
IV. No compensation shall be paid to bona fide members of a charitable organization who sell or assist in the sale of lucky 7 tickets. Compensation shall include, but is not necessarily limited to, money or any other thing of value. Members of the charitable organization who sell lucky 7 tickets may be reimbursed for out-of-pocket expenses in an amount not to exceed $8 per day, provided that such expenses are itemized and submitted in writing to the charitable organization.
V. No lucky 7 tickets shall be sold to any person under 18 years of age.
Source. 1983, 417:1. 1987, 114:1. 1998, 59:7. 2010, 190:12. 2011, 259:27, eff. Sept. 11, 2011. 2018, 295:3, eff. June 25, 2018.
Section 287-E:22
287-E:22 Lucky 7 Fees. –
I. A licensed distributor shall pay a fee of $15 per deal of pull tab tickets.
II. A licensed distributor shall pay a fee of $6 per deal of bag tickets.
III. No deal shall have the same serial number as any other deal sold in this state.
IV. All funds collected by the commission under this section shall be deposited in the special fund established under RSA 284:21-j.
V. A licensed distributor shall pay the fees collected pursuant to this section to the commission within 15 days of the distribution of the tickets.
Source. 1983, 417:1. 1990, 181:2, eff. July 26, 1990.
Section 287-E:23
287-E:23 Distributors and Manufacturers of Tickets. –
The commission shall license distributors and manufacturers to supply lucky 7 tickets sold in this state. Every lucky 7 ticket sold in this state shall be purchased from a licensed distributor and manufactured by a licensed manufacturer. A license shall be issued to a distributor or manufacturer under the following conditions; provided that the commission may, by rule, establish additional qualifications for licenses:
I. The applicant for a distributor’s license shall pay to the commission an annual license or license renewal fee of $10,000. Such fee shall authorize the distribution of lucky 7 or similar break-open tickets within the state of New Hampshire and the warehousing of lucky 7 or similar break-open tickets for subsequent sale out of state.
II. The applicant shall certify that neither the applicant nor any partner, officer or director has been convicted of a felony, which has not been annulled by any court, within 10 years from the date of application.
III. Each licensee shall post a bond in the amount of $50,000 conditioned upon the licensee’s compliance with the rules of the commission.
IV. An applicant for a license as a distributor shall have a principal place of business located within this state.
V. No manufacturer or distributor may have in its possession or control in the state of New Hampshire, for any reason, lucky 7 or other break-open tickets which do not contain the New Hampshire state seal or other distinguishing markings approved by the commission, except in the case of a distributor warehousing lucky 7 or similar break-open tickets in the state of New Hampshire which are to be subsequently sold out of state.
VI. (a) The commission shall issue a special license to manufacturers of lucky 7 or similar break-open tickets stored in the state.
(b) All lucky 7 or similar break-open tickets distributed in this state or shipped to this state and subsequently shipped or sold out of this state shall bear a distinguishing mark as designated by the commission.
(c) The fee for such special license shall be $5,000 per year or for any part of a year.
Source. 1983, 417:1. 1985, 295:8, 14. 1991, 345:2-4. 1997, 328:6. 2001, 145:2, eff. June 29, 2001.
Section 287-E:23-a
287-E:23-a Payment to Distributor. – Licensees shall pay for purchased tickets no later than 30 calendar days after delivery. Unless a waiver is given by the commission for good cause shown, no charitable organization may purchase tickets from a different distributor when that charitable organization has failed to comply with the provisions of this section.
Source. 2003, 254:4. 2011, 259:16, eff. Sept. 11, 2011.
Section 287-E:24
287-E:24 Financial Reports and Inspections. –
I. A charitable organization shall submit a complete financial report for each license issued under RSA 287-E:20 to the commission within 105 days from the date of issue and every 90 days thereafter, or within 15 days after the expiration date of the license, whichever occurs first.
II. The financial report shall be completed by the treasurer of the charitable organization or a duly authorized officer, director, or official of the charitable organization who shall certify such accounting under oath.
III. The financial report shall include:
(a) A complete statement of all revenues and expenses.
(b) A record of the amount of prizes awarded.
(c) The names and addresses of the members who participated in the sale of lucky 7 tickets.
(d) The name and address of the distributor from whom the lucky 7 tickets were purchased.
(e) The name and address of, and the fee paid to, any person, or business entity, who provided consulting, accounting, management, or other similar services to the organization for the operation of lucky 7.
IV. All expenses shall be paid by check or electronic funds transfers, and all cash prizes of $500 or more shall be paid by check, and the charitable organization shall retain cancelled checks or bank produced facsimiles of cancelled checks for the payment of expenses and checks or bank produced facsimiles of checks and receipts for the payment of prizes for a period of 2 years.
V. All financial reports filed by charitable organizations shall be maintained by the commission for a period of one year from the date of filing and shall be open to public inspection.
VI. All financial records pertaining to the sale of lucky 7 tickets shall be maintained by the treasurer of the charitable organization or other duly authorized director, officer or official of the charitable organization and shall be made available to representatives of the commission or the commissioner of safety upon request.
VII. A charitable organization shall maintain complete and accurate documentation of all revenues and expenses contained in the financial reports for at least 2 years from the date the financial report is filed.
Source. 1983, 417:1. 1986, 67:15. 1997, 328:7. 2003, 254:3; 262:2. 2011, 259:17, eff. Sept. 11, 2011.
Section 287-E:25
287-E:25 Suspension; Revocation. – The commission shall suspend or revoke the license of any licensee and/or impose an administrative fine upon the licensee upon a finding that the licensee has violated any provision of this subdivision. Any licensee whose license is revoked shall not be eligible for licensure for a period of up to one year from the date of revocation.
Source. 1983, 417:1. 2015, 276:128, eff. July 1, 2015.
Section 287-E:25-a
287-E:25-a Administrative Orders and Fines. –
I. The lottery commission, pursuant to rules adopted under RSA 287-E:18, may impose an administrative order and fine, which shall be scaled to reflect the scope and severity of the violation for each offense, upon any person who violates any provision of this chapter or rules adopted pursuant to this chapter.
II. Any administrative fine imposed under this section shall not preclude the imposition of further penalties or administrative actions under this chapter.
III. All fines imposed by the lottery commission shall be deposited in the special fund established pursuant to RSA 284:21-j.
Source. 2015, 276:134, eff. July 1, 2015.
Section 287-E:26
287-E:26 Rehearing and Appeal. – Any person aggrieved by a decision of the commission to deny or revoke a lucky 7 license may apply to the commission for a rehearing within 15 business days of the decision. Rehearings and appeals shall be governed by RSA 541.
Source. 1983, 417:1, eff. July 1, 1983.
Section 287-E:26-a
287-E:26-a Subpoenas. – The lottery commission or, when applicable, the hearings officer, may issue subpoenas for witnesses and for documents relative to investigations or adjudicatory hearings held by the commission.
Source. 2015, 276:135, eff. July 1, 2015.
Referendum; Penalty
Section 287-E:27
287-E:27 Referendum. –
I. (a) Any city or town desiring to adopt the provisions of RSA 287-E may do so by presenting the following question to the voters: “Shall we adopt the provisions of RSA 287-E relative to the conduct of games of bingo and the sale of lucky 7 tickets?”
(b) The ballot containing the question shall include 2 squares next to the question allowing the voter to vote “Yes” or “No”. If no cross is made in either of the squares, the ballot shall not be counted on the question.
(c) If a majority of those voting on the question vote “Yes”, RSA 287-E shall apply within the city or town.
II. In a town, the question shall be listed in the warrant and placed on the official ballot, or a special ballot prepared by the clerk, upon a vote of the selectmen or upon submission to the selectmen of a petition signed by 25 registered voters or 1/6 of the registered voters, whichever is less.
III. In a city, the question shall be placed on the official ballot for any regular municipal election upon a vote of the city council or upon submission to the city council of a petition signed by 5 percent of the registered voters.
IV. Any city or town which has adopted RSA 287-E shall put to the voters the question of whether to rescind its action upon the vote of the selectmen or city council or upon the petition of voters as provided in paragraph II or III. The question shall be as provided in paragraph I, except the word “adopt” shall be changed to “rescind”.
Source. 1983, 417:1, eff. July 1, 1983.
Section 287-E:27-a
287-E:27-a Continuing Bingo and Lucky 7 Where Established. – Any city or town currently conducting bingo or lucky 7 shall be allowed to continue such activities until and unless rescinded pursuant to RSA 287-E:27, IV.
Source. 1997, 328:8, eff. Aug. 22, 1997.
Section 287-E:28
287-E:28 Application of Chapter. – The provisions of RSA 647 relative to gambling offenses shall not apply to bingo games or to the sale of lucky 7 tickets if such bingo games and lucky 7 ticket sales are conducted in strict compliance with the provisions of this chapter.
Source. 1983, 417:1, eff. July 1, 1983.
Section 287-E:29
287-E:29 Penalty. –
I. In addition to any other penalties provided for by law, any person who violates RSA 287-E shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.
II. Each day on which a bingo game is played or a ticket is sold in violation of RSA 287-E shall constitute a separate offense.
III. Any person who purposely, knowingly, or recklessly deprives a charitable organization of any of its moneys collected from bingo or lucky 7 or any person who purposely, knowingly, or recklessly deprives players of any prizes collected from bingo or lucky 7, shall be guilty of a class A felony.
Source. 1983, 417:1. 2014, 191:12, eff. Sept. 9, 2014.
Current Administrative Rules of the Racing and Charitable Gaming Division
Chapter Pari 100 – Organizational Rules (Applies to All)
Chapter Pari 200 – Rules of Practice
Chapter Pari 300 – Racetrack Licensing
Chapter Pari 400 – No Current Rule
Chapter Pari_500 – Administrative Rules Applicable to all Licenses
Chapter Pari 600 – Rules of Harness Racing
Chapter Pari 700 – Use of Prohibited Substances and Practices in Horse Racing
Chapter Pari 800 – Greyhound Racing
Chapter Pari 900 – No Current Rule
Chapter Pari 1000 – Bingo games
Chapter Pari 1200 – Games of Chance
Paripool Pari 500 – Rebates and Discounts on Wagers
Paripool Pari 525 – Rules of Account Wagering
Recently Adopted Rule Changes
Commission Rulings
Lucky 7 Double Sided Tickets
Lucky 7 Rolling Jackpots and Bingo Carry Over Coverall
Lucky 7 Seal Card with Multiple Jackpots
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