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Current through Jan. 1, 2012

287-A:1 Definitions.

As used in this chapter:

I. "Raffle " means a lottery in which each participant buys a ticket for an article or articles put up as a prize with the winner being determined by a random drawing.

II. "Charitable organization " means the following:

(a) Any person or entity that is determined by the Internal Revenue Service to be a tax exempt organization pursuant to section 501(c)(3) of the Internal Revenue Code, as that section now exists or may hereafter be amended; or
(b) Any other person or entity that is or holds itself out to be established, in whole or in part, for any benevolent, philanthropic, patriotic, educational, humane, scientific, public health, environmental conservation, civic, social, sporting, recreational, or other charitable purpose which has been in existence for at least 2 years, or political committee or political party which has been in existence for at least 2 years, or any person who in any manner employs a charitable appeal as the basis of any solicitation or an appeal that suggests that there is a charitable purpose to any solicitation. "Charitable organization" is not limited to those organizations to which contributions are tax deductible under section 170 of the Internal Revenue Code.

III. "50/50 raffle " means a raffle conducted by a charitable organization whereby moneys collected by sale of raffle tickets are split evenly between the prize winner or winners and the charitable organization after the raffle drawing.

287-A:2 Raffle Authorized.

A charitable organization may conduct a raffle to promote the purpose for which it was organized, in the manner hereinafter provided, and not otherwise.

287-A:3 Printed Tickets.

All raffle tickets shall be printed with the name of the charitable organization thereon, the date and place of the drawing, and the prize or prizes to be awarded and the amount of the donation.

287-A:4 Distribution of Tickets.

Raffle tickets shall be sold only to persons 16 years of age or over and no raffle tickets shall be sold by persons other than the members of the charitable organization or such person or persons, as may be designated by the organization, and who shall receive no financial remuneration.

287-A:5 Agency Not Permitted.

No charitable organization shall act as an agent for conducting a raffle, where it is unlawful for the charitable organization's principal to conduct such a raffle

287-A:6 Effect on Other Laws.

RSA 647 shall not apply to the sale of raffle tickets in the manner provided for in this chapter.

287-A:7 Permit Required.

Any charitable organization desiring to conduct a raffle under the provisions of this chapter shall first obtain a permit therefor from the selectmen of the town, or the mayor and aldermen of the city where the drawing for prizes is to be held. The permit shall expire at the time of the drawing, and shall not be transferable.

287-A:8 Tickets; Distribution.

I. All raffle tickets sold in conjunction with bingo games shall be numbered sequentially.

II. No ticket or multiple tickets shall be sold for more than $1.

III. Notwithstanding RSA 287-A:4, raffle tickets sold in conjunction with bingo games shall be sold only by members of a charitable organization licensed by the racing and charitable gaming commission to conduct bingo and only at bingo games being operated by the charitable organization.

287-A:9 Players. - [Repealed 2009, 228:3, III, eff. July 16, 2009.]

287-A:10 Prizes.

Prizes awarded at any raffle held in conjunction with a bingo game shall not exceed $500 wholesale cost.

287-A:11 Permit Not Required.

The provisions of RSA 287-A:7 shall not apply to raffles held in conjunction with bingo games.

287-D:1 Definitions.

In this chapter:

I. "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 ""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 games of chance.

II. "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, IV.

III. (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 and in existence for at least 2 years in a town or city in this state, provided that the primary activities conducted by the organization were for the purpose for which the organization was established and have not included charitable gambling operations; which is organized under the laws of this state; and to which contributions are exempt from federal income tax. To be eligible for licensure under this chapter, a charitable organization shall do all of the following:
(1) Document that it is exempt from federal income tax.
(2) Establish that the purposes for which it was organized, other than charitable gambling, are furthered through activities conducted in the town or city in which the games of chance are conducted.
(3) Register with the secretary of state and, if required under RSA 7:19-32, with the director of charitable trusts.
(4) Maintain a current list of bona fide members.
(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.

IV. "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.

V. "Game operator'' means:
(a) ""Primary game operator'' which means any consultant or any person other than a bona fide member of the charitable organization, involved in conducting, managing, supervising, directing, or running the games of chance; or (b) ""Secondary game operator'' which means any person other than a bona fide member of the charitable organization, involved in dealing, running a roulette wheel, or handling chips.

287-D:1-a Enforcement.

The racing and charitable gaming 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.

287-D:1-b Rulemaking. - The racing and charitable gaming 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 of any license issued pursuant to this chapter.

VI. The operation of games of chance.

VII. The rental or lease of facilities pursuant to RSA 287-D:2-a, VI and the leasing or purchasing of equipment for use in games of chance.

VIII. Refunds of license fees pursuant to RSA 287-D:2-d, VI.

IX. 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 and licensed game operators in addition to requirements set forth in RSA 287-D:5.

X. Enforcement of this chapter pursuant to RSA 287-D:6 and RSA 287-D:7.

XI. Background and criminal records checks pursuant to RSA 287-D:8.

XII. The issuance of subpoenas pursuant to RSA 287-D:9.

XII-a. Administrative orders and fines pursuant to RSA 287-D:6.

XII-b. Badge specifications, requirements, and fees pursuant to RSA 287-D:2-d,

VII.

XII-c. Game operator fees pursuant to RSA 287-D:2-d, III.

XIII. Other matters related to the proper administration of this chapter.

287-D:2 Games of Chance Authorized.
A charitable organization may conduct games of chance to promote the purpose for which it was organized, in the manner hereinafter provided and not otherwise:

I. [Repealed.]

II. No one may apply for a license for the operation of games of chance without first obtaining written permission of the owner of the property where the games will be conducted. Such permission shall be acknowledged before a notary public or justice of the peace and shall be obtained on a form supplied by the racing and charitable gaming commission.

III. 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.

IV. The license shall not be transferable.

V, VI. [Repealed.]

287-D:2-a License Applications.

I. Applications shall be submitted to the racing and charitable gaming 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. The applicant shall send copies of the application submitted to the racing and charitable gaming commission to the attorney general and the chief of police of each city or town where games of chance are held.

II. Applications shall be made only on the forms supplied to the charitable organization by the racing and charitable gaming commission including, 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) If known, the date or dates and location or locations of each game of chance to be sponsored by the charity.
(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) The name, date of birth, and social security number of all bona fide charitable organization members who will participate in the operation of the games. The racing and charitable gaming commission shall keep as exempt from disclosure, pursuant to RSA 91-A, any social security numbers submitted.
(e) The name and address of any game operator who will be involved in the operation of the games.
(f) If any of the proposed games are to be held in a location licensed pursuant to RSA 287-D:2-a, VI, the name and address of the person or business from whom the space is being rented or permission for use has been granted.
(g) If the charitable organization is buying or renting any equipment for the game of chance, the name and address of the seller or renter.

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 racing and charitable gaming commission 60 days before the first game date of the year. This requirement may be waived by the racing and charitable gaming 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 or persons complying with the requirements of RSA 287-D:2-c will operate the games of chance.
(c) That neither the applicant nor any person who will be participating in the operation of the games of chance has, in any jurisdiction, 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 previous 5 years which has not been annulled by a court, or has violated any statutes or rules governing charitable gambling.
(d) The applicant or any person 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.

VI. If a charitable organization intends to lease or rent premises for the conduct of any game of chance from an entity other than a charitable organization or governmental subdivision, the entity leasing or renting out or otherwise allowing a charitable organization to use the premises shall be licensed by the racing and charitable gaming commission. Any entity other than a charitable organization or governmental subdivision with a facility at which games of chance are held for no more than 4 game dates per calendar year shall be exempt from the licensing requirement of this paragraph. The license shall be applied for by filing an application supplied by the racing and charitable gaming commission. The racing and charitable gaming 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 racing and charitable gaming 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-RSA 7:32, with the director of charitable trusts.
(d) Maintain a current list of bona fide members.
(e) Maintain an account at a financial institution with at least one branch in New Hampshire solely in the name of the charitable organization in which the money from games of chance shall be deposited and withdrawn.
(f) Meet all other applicable requirements specified in this chapter and in rules adopted by the racing and charitable gaming commission.

VIII. No person shall be permitted to participate in the operation of a game of chance, unless that person is:
(a) Listed on the application form pursuant to subparagraph II(d), or added to the list pursuant to paragraph IX, and has submitted to a background and criminal record check pursuant to RSA 287-D:8; or (b) A licensed game operator pursuant to RSA 287-D:1.

IX. The charitable organization may amend or supplement the list of members who will participate in the operation of a game of chance, pursuant to subparagraph II(d), up to 10 working days prior to any particular game.

X. 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 racing and charitable gaming commission pursuant to subparagraph II(a)

287-D:2-b Operation of Games of Chance. -
I. (a) Only persons complying with the requirements of RSA 287-D:2-c or bona fide members of charitable organizations 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 the requirements of RSA 287-D:2-c.
(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, shall be listed pursuant to RSA 287-D:2-a, II(b) or RSA 287-D:2-a, IX, and the designation of such individuals is subject to the approval of the racing and charitable gaming 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, shall be listed pursuant to RSA 287-D:2-a, II(b) or RSA 287-D:2-a, IX, and are subject to the approval of the racing and charitable gaming commission.

II. No compensation shall be paid to operators of a game of chance unless agreed to in advance in writing by the charity. Compensation shall include, but is not necessarily limited to, money or any other thing of value. If the paid game operator's compensation is contingent upon the amount of revenue received from a game of chance, the compensation shall be a fixed percentage of the gross revenue from the game of chance excluding the paid game operator's expenses. If the compensation of a paid game operator is not contingent upon the amount of revenue received, the compensation shall be a reasonable estimate, expressed as a percentage of the gross revenue. The contract shall clearly disclose the assumptions upon which the estimate is based. The stated assumptions shall be based upon all of the relevant facts known to the paid game operator regarding the services to be provided and the past performance of games of chance operated by the paid game operator.

II-a. Unless otherwise agreed to in advance, pursuant to paragraph II, in writing by the charitable organization, operators of games of chance 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.

III. 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 racing and charitable gaming commission. 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.

IV. No games of chance shall be conducted prior to 11:00 a.m. on a weekday or a Saturday, prior to noon on a Sunday, or after 1:00 a.m. on any day.

V. No person operating a game of chance and no person who has leased out 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.

VI. Subject to the provisions of RSA 287-D:8, II, no person who has in any jurisdiction, 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 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.

VII. 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.

VII-a. Notwithstanding any other provision of law, 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 racing and charitable gaming 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 or the employer of the game operator.

VIII. (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 by RSA 287-D:2-a, VII(e). All expenses, including prizes of more than $500 and equipment and hall rental fees shall be paid by check from the account required by RSA 287-D:2-a, VII(e). The treasurer of the charitable organization shall document all prizes awarded as prescribed in rules adopted by the racing and charitable gaming commission.
(b) On game dates where 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 by RSA 287-D:2-c, VI. All expenses, including prizes of more than $500 and equipment and hall rental fees shall be paid by check from the account established in RSA 287-D:2-c, VI. The licensed game operator shall document all prizes awarded as prescribed in rules adopted by the racing and charitable gaming commission.

IX. All game of chance paraphernalia or related equipment used in conducting games of chance shall be subject to inspection and approval by the racing and charitable gaming commission.

X. 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.

XI. 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.

XII. Notwithstanding paragraph XI, 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.

XIII. [Repealed.]

XIV. 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.

287-D:2-c Licensing of Game Operators
I. [Repealed.]

II. Applications for individual game operators and for game operator employers shall be made only on the forms supplied to the game operator by the racing and charitable gaming commission including, at a minimum, the following information as applicable, provided that the racing and charitable gaming commission may, by rule, establish additional items to be submitted on the application form or attached to it:
(a) The name and social security number of the game operator, or for an organization the name and federal tax identification number. The racing and charitable gaming commission shall not disclose any social security number submitted; (b) The name of the game operator's employer and the employer's address and telephone number; (c) A list of the games of chance in which the game operator will participate including the date of the game, the location of the game, and the charitable organization holding the game; (d) 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; (e) Whether a registration or license listed in subparagraph (d) has been denied, suspended, revoked, or enjoined by a court or state agency, or if such proceedings are pending; (f) The names and addresses of any individuals with whom the applicant is affiliated in the fundraising or game operating business; and (g) 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.

III. No person shall be permitted to participate in the operation of a game of chance as a game operator, unless that person:
(a) Is listed on a charitable organization's application form pursuant to RSA 287-D:2-a, II(e); (b) Has submitted a background and criminal record check pursuant to RSA 287-D:8; and (c) Is a licensed game operator pursuant to this section.

IV. Applications shall be received by the racing and charitable gaming commission at least 60 days before the first game date of the year. The requirement may be waived by the racing and charitable gaming commission for good cause shown.

V. The game operator or the game operator's employer shall submit a bond for each location where the game operator is conducting games of chance, conditioned upon the game operator running games of chance in conformity with this chapter and with the rules and regulations prescribed by the racing and charitable gaming commission, in the amount of up to $300,000 to the racing and charitable gaming commission with the application form.

VI. To be eligible for licensure under this chapter, a licensed game operator shall maintain an account at a financial institution with at least one branch in New Hampshire solely in the name of the licensed game operator in which the money from games of chance shall be deposited and withdrawn.

VII. In addition to the charitable organization, game operators who operate games of chance on behalf of a charitable organization shall also be held responsible for all requirements that the charitable organization is responsible for when they operate the games of chance themselves.

287-D:2-d License Fees and Specifications. -
I. An applicant for a charitable organization license under RSA 287-D:2-a shall apply to the racing and charitable gaming commission, and upon payment of a fee of $25 per game date and if the applicant meets all other requirements of this chapter, a license shall be issued. Only one license shall be issued to each applicant per year to operate games of chance for 10 days, which 10 days need not be consecutive. A license issued under RSA 287-D:2-a shall expire on December 31. The racing and charitable gaming commission shall notify the attorney general and police chief of any city or town where games of chance are held of any applications approved.

II. An applicant for a game of chance facility license under RSA 287-D:2-a, VI shall apply to the racing and charitable gaming commission, and upon payment of a fee of $250 per year and if the applicant meets all other requirements of this chapter, a license shall be issued. Only one license shall be issued to each applicant per year. A license issued under RSA 287-D:2-a, VI shall expire on June 30.

III. An applicant for a primary game operator license under RSA 287-D:2-c shall apply to the racing and charitable gaming commission, and if the applicant meets all other requirements of this chapter and pays the fee established by the racing and charitable gaming commission in rules adopted pursuant to RSA 541-A, a license shall be issued. A license issued under RSA 287-D:2-c shall expire on December 31. The racing and charitable gaming commission shall notify the attorney general and police chief of any city or town where games of chance are held of any applications approved. RSA 7:28-c shall not apply to game operator licensees subject to this chapter. An applicant for a secondary game operator license under RSA 287-D:2-c shall apply to the racing and charitable gaming commission, and if the applicant meets all other requirements of this chapter and pays the fee established by the racing and charitable gaming commission in rules adopted pursuant to RSA 541-A, which shall not exceed $45, a license shall be issued.

IV. [Repealed.]

V. No more than 2 licensed charitable organizations may conduct games of chance at any one location on any specified date.

VI. Any license issued under RSA 287-D:2-a or RSA 287-D:2-c shall not be transferable and the fees for the license shall not be refunded except for good cause shown as specified in rules adopted by the racing and charitable gaming commission.

VII. Any game operator licensed pursuant to RSA 287-D:2-c shall be issued, as part of the yearly license, an identification badge by the racing and charitable gaming commission. The fee for such badge shall be established by the commission. The commission shall adopt rules pursuant to RSA 541-A to specify badge requirements.

287-D:2-d License Fees and Specifications.

I. An applicant for a charitable organization license under RSA 287-D:2-a shall apply to the pari-mutuel commission, and upon payment of a fee of $25 per game date and if the applicant meets all other requirements of this chapter, a license shall be issued. Only one license shall be issued to each applicant per year to operate games of chance for 10 days, which 10 days need not be consecutive. A license issued under RSA 287-D:2-a shall expire on December 31. The pari-mutuel commission shall notify the attorney general and police chief of any city or town where games of chance are held of any applications approved.

II. An applicant for a game of chance facility license under RSA 287-D:2-a, VI shall apply to the pari-mutuel commission, and upon payment of a fee of $250 per year and if the applicant meets all other requirements of this chapter, a license shall be issued. Only one license shall be issued to each applicant per year. A license issued under RSA 287-D:2-a, VI shall expire on June 30.

III. An applicant for a game operator license under RSA 287-D:2-c shall apply to the pari-mutuel commission, and upon payment of a fee of $500 per year and if the applicant meets all other requirements of this chapter, a license shall be issued. Only one license shall be issued to each applicant per year. A license issued under RSA 287-D:2-c shall expire on December 31. The pari-mutuel commission shall notify the attorney general and police chief of any city or town where games of chance are held of any applications approved. RSA 7:28-c shall not apply to game operator licensees subject to this chapter.

IV. A license issued under RSA 287-D:2-a shall authorize games at specific times on specific dates at specific locations.

V. No more than 2 licensed charitable organizations may conduct games of chance at any one location on any specified date.

VI. Any license issued under RSA 287-D:2-a or RSA 287-D:2-c shall not be transferable and the fees for the license shall not be refunded except for good cause shown as specified in rules adopted by the pari-mutuel commission.

287-D:3 Equipment; Wagering; Prizes.

I. No game of chance shall be conducted with any equipment except such as is owned absolutely or used without payment or any compensation therefor by the licensee or as is rented at a fixed fee only from a dealer in such equipment who has his principal place of business in this state and who has registered with the secretary of state in such manner and on such form as the secretary of state prescribes.

II. All devices and equipment used to conduct said games of chance shall be subject to inspection by duly authorized law enforcement or pari-mutuel officials.

III. No mechanism or device, which can be used to regulate odds, will be permitted to operate said games of chance and no progression in any form shall be permitted in the operation of any such game.

IV. A player of any game of chance and only a player shall activate any and all devices used for the purposes of wagering on said games of chance.

V. No single wager by a player, on any game of chance, shall exceed the amount of $4.

VI. Any contract for the rental of a facility for a game of chance shall be independent of any contract for the rental of equipment. Those contracts shall not be contingent upon the charitable organization's agreement that it will contract with a particular business for a particular facility or equipment.

VII. A charitable organization shall only rent a facility by means of a fixed
rental payment. 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 just as a place to hold a game of chance. Any rental entered into by the charitable organization shall be submitted with the charitable organization's license application for review by the racing and charitable gaming commission.

VIII. The charitable organization shall retain no less than 35 percent of the gross revenues from any game of chance minus any prizes paid on any game date in which game operators licensed under RSA 287-D:2-c are involved in any capacity. Such revenues shall be used by the organization to advance its charitable purpose.

IX. In games where chips have no monetary value, 3 percent of all funds collected from players, less moneys used by the racing and charitable gaming commission to fund authorized personnel expenses and related costs, shall be paid to the state treasurer to be deposited into the general fund. Such payments shall be made within 5 business days of the game date on which the funds were collected.

X. 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 racing and charitable gaming commission to fund authorized personnel expenses and related costs, shall be paid to the state treasurer for deposit into the general fund. Such payments shall be made within 5 business days of the game date on which the funds were collected.

287-D:4 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.

287-D:5 Financial Reports and Inspections.

I. A charitable organization shall submit a complete financial report for each license issued under RSA 287-D:2 and RSA 287-D:2-a to the racing and charitable gaming commission on forms supplied to the charitable organization by the racing and charitable gaming commission within 30 days of the end of each month during which a game of chance was held.

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 games of chance.
(d) The name and address of any fundraising counsel or game operator involved in conducting the games of chance.

IV. The charitable organization shall retain canceled checks for the payment of expenses and prizes for a period of 2 years.

V. All financial reports filed by charitable organizations shall be maintained by the racing and charitable gaming 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 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 racing and charitable gaming commission, the attorney general or the chief of police of any city or town where games of chance are held upon request. The racing and charitable gaming commission may audit such financial records.

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.

287-D:6 Penalty. -
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 racing and charitable gaming commission may suspend or revoke the license of any licensee who violates any provision of this subdivision 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. In addition to the provisions of paragraph I:
(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, not withstanding 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 which 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 racing and charitable gaming commission may issue an order requiring any person or organization to comply with this subdivision or any rule adopted hereunder, and may require such remedial measures as may be necessary.

IX. The racing and charitable gaming commission may impose an administrative fine scaled to reflect a violator's prior history 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 subdivision, any rule adopted under this subdivision, any license issued pursuant to this chapter, or any order issued pursuant to this subdivision, or upon any person who makes or certifies to a material false statement relative to any application or report required by this subdivision. In determining the amount of a fine, the racing and charitable gaming 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 charity conducting or sponsoring the game. Any administrative fine imposed under this paragraph shall not preclude the imposition of other penalties as provided by law. Rehearings and appeals from a decision of the commission under this paragraph shall comply with RSA 541. Fines imposed by the racing and charitable gaming 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 racing and charitable gaming commission determines that the potential for harm to the interests of the state and the charity, as well as the integrity of charitable gaming is minor and may include, but is not limited to, a game operator, a game operator employer, charitable organization, or charitable organization member not:
(1) Wearing a properly issued badge; (2) Posting 2 copies of the laws and rules; (3) Having 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 displaying 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 racing and charitable gaming commission determines that the potential for harm to the interests of the state and the charity, 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 racing and charitable gaming 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:2-b, VII-a.
(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 racing and charitable gaming commission determines that the potential for harm to the interests of the state and the charity, 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:2-b, VII-a; (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 racing and charitable gaming commission may suspend any part of a fine for just cause.

X. All fines imposed by the racing and charitable gaming commission shall be deposited in the special fund established pursuant to RSA 284:21-j.

287-D:7 Rehearing and Appeal. - Any person aggrieved by a decision of the racing and charitable gaming commission to deny or revoke a license issued pursuant to this chapter may apply to the racing and charitable gaming commission for a rehearing within 15 business days of the decision. Rehearings and appeals shall be governed by RSA 541.

287-D:8 Background and Criminal Records Check. -
I. All applicants for a license pursuant to this chapter shall submit to the racing and charitable gaming commission with their license application a New Hampshire department of safety, division of state police, notarized criminal record release authorization form.

II. Upon receipt of an applicant's criminal record information, the racing and charitable gaming 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. Every applicant shall submit to the racing and charitable gaming commission a notarized 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 racing and charitable gaming commission.

IV. 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 racing and charitable gaming 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.

V. The racing and charitable gaming 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 racing and charitable gaming commission. The racing and charitable gaming commission shall maintain the confidentiality of all criminal history records information received pursuant to this section.

VI. The racing and charitable gaming 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 V.

287-D:9 Subpoenas. - The racing and charitable gaming commission may issue subpoenas for witnesses and for documents relative to investigations or adjudicatory hearings held by the racing and charitable gaming commission.

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.

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.

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.

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 racing and charitable gaming commission.

VII. "Hotel'' means ""hotel'' as defined in RSA 78-A:3, III.

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.

287-E:2 Administration and Enforcement. - The racing and charitable gaming commission shall administer and enforce this subdivision relating to bingo.

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.

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. Other matters related to the proper administration of this chapter.

287-E:3-a Copies of Records.

The commission shall forward copies of all records relating to bingo licensing, taxes, and financial reports to the commissioner of safety.

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, except as provided in RSA 287-E:12, 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.

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.

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.

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.

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. A list of the names of the persons assisting shall be submitted to the department of safety prior to the scheduled bingo event.

II. No compensation shall be paid to operators of a bingo game. Compensation shall include, but is not necessarily limited to, money or any other thing of value. Operators 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.

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. on a weekday, prior to noon on a Sunday, or after 11:00 p.m. on any day.

V. No bingo chairperson, bingo treasurer, or 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.

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) All money collected from the participants in such game or games shall be collected, counted, and displayed in full view of the participants and shall be kept separately from all other moneys collected by the charitable organization during the bingo games conducted on the premises.
(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 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.

XIV. [Repealed.]

XV. In not more than one game conducted in accordance with RSA 287-E:7, XIII, during any game or series of games conducted on any one game date by a charitable organization, a progressive coverall game may be run, not to exceed $3,000, and shall be awarded to any winner covering all 24 numbers on the card in 60 or fewer numbers. The numbers shall start at 50 and may be incremented 1 number per week, until it reaches the maximum of 60 numbers, where it shall remain until the prize is awarded to a person or persons covering all 24 numbers on the card within 60 numbers or less. Said prize shall be awarded in addition to any sums collected and given out pursuant to RSA 287-E:7, XIII. This progressive game shall be played on the second or last coverall, with a bonus prize of up to $3,000 on the first winner take all coverall if all 24 numbers on the card are covered in 50 numbers or less. The prize shall be subject to state tax under RSA 287-E:8. The progressive game shall not be construed as part of the winner take all coverall. The progressive game shall not be used on package games.

XVI. In not more than one game conducted in accordance with RSA 287-E:7, XIII, a carry-over, cover-all game may be run with the prize money rolled over to the successive game dates in the event that there is no winner on the original or preceding game dates. Notwithstanding any provision of law to the contrary, the prize money may accumulate until there is a winner. The prize shall be awarded to any winner covering all 24 numbers on the card in less than 50 numbers, or a greater number if so designated prior to the game. If there is no winner on a given game date, a pre-designated consolation prize shall be awarded to the game winner who first achieves cover-all. The balance of the monies collected shall be carried over to subsequent game dates until there is a winner.

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.

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.

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, I-a.

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, and 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.

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.

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 $.25.

III. All prizes, tokens, or awards used, given, offered, or awarded during or in connection with the conduct of any game or series of games conducted under this section in any calendar day shall not exceed the total 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.

287-E:12 Bingo License for Private Campgrounds and Hotels.

Any private campground or hotel may apply to the commission for a special campground or hotel bingo license. Licenses may be granted under the following conditions:

I. The bingo license application fee shall be $25 per year and shall be nonrefundable.

II. The provisions of RSA 287-E:6, IV and RSA 287-E:7, IV and VI relating to bingo licenses and the operation of games for charitable organizations shall also apply to licenses issued under this section.

III. The price to be paid for a single card or play under the license shall be $.10.

IV. A license shall permit no more than 2 game dates of bingo in any one calendar week and shall be issued on an annual basis.

V. 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 game or series of games in any calendar day shall not exceed $500.

VI. Games shall be operated only by persons on the staff of the campground or hotel holding the license under this section. Such staff shall operate the games without compensation from the bingo revenues.

VII. 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.

VIII. Licenses shall be granted only to campgrounds or hotels in cities or towns which have approved bingo under RSA 287-E.

IX. 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.

X. The campground or hotel holding the license issued under this section shall keep records and submit a report as required for agricultural fairs under RSA 287-E:10, VIII, except that the report shall be submitted to the commission within 15 days of the expiration of the bingo license. The report shall include the names and addresses of persons from whom bingo equipment was rented or leased.

XI. 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.

XII. The campground or hotel shall be in compliance at the time of application with all applicable state and local requirements for the operation of private campgrounds or hotels.

XIII. The campground or hotel shall maintain a current list of bona fide guests.

XIV. The campground or hotel shall not have been established solely for the purpose of operating bingo games.

287-E:13 Children's Bingo at Private Campgrounds or Hotels.

Any campground or hotel holding a license under RSA 287-E:12 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. on a weekday, prior to noon on a Sunday or after 8:00 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.

IV. Nonmonetary prizes may be awarded, but the value of any prize shall not exceed $2. Prizes or awards shall not be exchanged for money.

287-E:14 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.

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.

287-E:16 Administration and Enforcement.

The racing and charitable gaming commission shall administer and enforce this subdivision relating to the sale of lucky 7 tickets.

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.

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.

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.

V. Accountability control to ensure ticket sales integrity and record-keeping.

VI. The inspection and enforcement of bingo and lucky 7.

287-E:18-a Copies of Records. The commission shall forward copies of all records relating to lucky 7 licensing, taxes, and financial reports to the commissioner of safety.

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.

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.

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; or

(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.

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.

IV. No compensation shall be paid to bona fide members of a charitable organization who participate 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.

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.

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.

287-E:23-a Payment to Distributor.

Licensees shall pay for purchased tickets no later than 30 days after delivery

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 and all cash prizes over $500 shall be paid by check, and the charitable organization shall retain cancelled checks for the payment of expenses and 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.

287-E:25 Revocation.

The commission shall immediately 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.

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.

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".

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.

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.

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.