New Hampshire Gambling Laws

Current through Sep. 1, 2014

New Hampshire Revised Statutes

647:1 Lotteries. –

A person is guilty of a misdemeanor if he knowingly and unlawfully:

    I. Conducts a lottery or disposes or offers to dispose of property in any way whereby the payment for such property is, in whole or in part, induced by the hope of gain by luck or chance; or

    II. Sells, offers for sale, or possesses for the purpose of sale, any lottery ticket or other thing which is evidence that the purchaser will be entitled to a share or chance in a lottery or deposits for mailing any such ticket or thing, or notice of the drawing of a lottery; or

    III. Publishes or deposits for mailing information as to the location or identity of the person where or from whom a ticket or other thing described in paragraph II may be obtained.

    IV. "Unlawfully'' means not specifically authorized by law.

647:2 Gambling. –

I. A person is guilty of a misdemeanor if such person knowingly and unlawfully:

(a) Permits gambling in any place under the person's control.

(b) Gambles, or loans money or any thing of value for the purpose of aiding another to gamble.

(c) Possesses a gambling machine.

I-a. (a) A person is guilty of a misdemeanor if such person conducts, finances, manages, supervises, directs, or owns all or part of a business and such person knowingly and unlawfully permits gambling on the premises of the business.

(b) A person is guilty of a class B felony if such person conducts, finances, manages, supervises, directs, or owns all or part of a business and such person knowingly and unlawfully conducts, finances, manages, supervises, or directs any gambling activity on the business premises which does any of the following:

          (1) Has had gross revenue of $2,000 in any single day.

          (2) Has been or remains in substantially continuous operation for a period in excess of 10 days.

          (3) Accepts wagers exceeding $5,000 during any 30 day period on future contingent events.

II. For purposes of this section:

(a) "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.

(b) "Collector '' means a person who for nostalgic reasons, monetary investment, or personal interest acquires antique gambling machines as defined in subparagraph (a) for personal display or retention.

(c) "Family entertainment cente r'' 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.

(d) "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.

(e) "Gambling machine' ' means any device or equipment which is capable of being used to discharge money or anything that may be exchanged for money, or to display any symbol entitling a person to receive money.

(f) "Redemption slot machine'' or "redemption poker machine '' means any device or equipment which operates by means of the insertion of a coin or token and which may entitle the person playing or operating the game or machine the opportunity of additional chances or free plays or to receive points or coupons which may be exchanged for merchandise only, excluding cash and alcoholic beverages, provided the value for such points or coupons does not exceed 2 1/2 cents for each credit on the game or machine.       

(g) "Unlawfully '' means not specifically authorized by law or not solely for amusement, without stake or possibility of gain or loss.   

III. All implements, equipment, and apparatus used in violation of this section shall be forfeited.

IV. An antique gambling machine in the possession of a collector and which is not maintained or operated for gambling purposes shall not be subject to the provisions of this section.

V. This section shall not apply to:

(a) Dispenser devices approved by the sweepstakes 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.

(b) A family entertainment center having redemption slot machines or redemption poker machines.

(c) 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.

Gambling Contracts

338:1 Title to Money, etc. – No title or interest in money or any other thing can be acquired, lost, or changed by gambling, or by the payment, delivery, or transfer by any losing party. No note or security for any supposed debt growing out of a gambling transaction, or for money lent to gamble with or to pay gambling debts with, shall be valid. No such debt shall be a legal consideration for any contract or transaction, and any person may take advantage of such illegality, though a party to the transaction.

338:2 Bets Void. – All bets and wagers upon any question where the parties have no interest in the subject except that created by the wager are void; and either party may recover any property by him deposited, paid or delivered upon such wager or its loss, and repel any action brought for anything, the right or claim to which grows out of such bet or wager.

338:3 Recovery of Property. – If any person shall receive any money or property, won by him upon any bet or wager as aforesaid, he shall be liable to the person losing it, in an action of assumpsit, trover or other form proper to recover it; and any security given for the payment of such loss shall be void.

338:4 Contracts Deemed Bets. – Any contract or agreement for the purchase, sale, loan, payment, or use of money or property, real or personal, the terms of which are made to depend upon, or are to be varied or affected by, any uncertain event in which the parties have no interest except that created by such contract or agreement shall be deemed a bet or wager.

Licensed Games

Last Visited 2003-9-6

Chapter 284: Horse and Dog Racing....

Chapter 285: Boxing and Wrestling Commission....

Chapter 286: Licensing Shows, Open-Air Meetings, Billiard Tables, and Bowling Alleys....

Chapter 287-A: Raffles....

Chapter 287-C: Manufacture of Gambling Machines....

Chapter 287-D: Games of Chance

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.

Section 287-D:1-a Administration and Enforcement....

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 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.]

Section 287-D:2-a License Applications....

Section 287-D:2-b Operation of Games of Chance....

Section 287-D:3 Equipment; Wagering; Prizes....

Section 287-D:4 Agency Not Permitted....

Section 287-D:5 Fees; Financial Reports and Inspections....

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.

Chapter 287-E: Bingo and Lucky 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. 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.

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.

Chapter 287-F: Tri-State Lotto Compact

287-F:2 Compact. –

The state of New Hampshire enters into the following compact with the states of Maine and Vermont, subject to the terms and conditions stated in the compact.

287-F:3 Purpose. –

This compact is enacted to implement the operation of tri-state lotto, for the purpose of raising additional revenue for each of the party states. Tri-state lotto is not intended to replace any existing lottery game in the party states, but, rather, to be run in addition to these games. Tri-state lotto tickets shall be sold in each of the party states and processed in a central area to be determined by the tri-state lotto commission. A percentage of the gross sales from each state shall be aggregated in a common prize pool, and operating costs shall be charged proportionally to the party states. The remaining revenues generated within each state shall remain in that particular state.