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Current through Nov. 1, 2016

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 center'' means a place of business having at least 50 games or devices designed and manufactured only for bona fide amusement purposes on premises which are operated for the entertainment of the general public and tourists as a bona fide entertainment facility and not having more than 15 percent of the total games or machines being redemption slot machines or redemption poker machines.

(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

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. "Applicant" means an individual applying for a license under this chapter.

II. "Bona fide member" means a person who has held full and regular membership in the charitable organization for a period of not less than 60 days immediately prior to the games of chance in which such person intends to participate. To qualify as a bona fide member of a charitable organization, a person shall:

(a) Satisfy all criteria for membership in the charitable organization.

(b) Pay all lawful fees or dues required by the charitable organization.

(c) Not have become a member solely for the purpose of operating games of chance.

III. "Games of chance" means any game involving gambling as defined by RSA 647:2, II, or any lottery prohibited by RSA 647:1, but shall not include any game involving the use of a slot machine or any other device in the nature of a slot machine, 50/50 raffles as defined in RSA 287-A:1, III, or ice-out contests as defined in RSA 287-D:1, VI.

IV.

(a) "Charitable organization" means any bona fide religious, charitable, civic, veterans’, or fraternal or church organization, including police and firemen’s organizations which shall have been registered with the secretary of state for at least 2 years.

(b) A charitable organization shall not include auxiliary units, committees, or other entities organized under the auspices of a charitable organization eligible for licensure under this chapter, when such auxiliary unit, committee, or other entity is organized for the primary purpose of conducting games of chance.

V. "Lottery commission" means the lottery commission established under RSA 284:6-a.

VI. "Ice-out contest" means a contest conducted by a charitable organization whereby a marker is placed on a frozen lake and the person most closely estimating the day and time the marker falls through the ice wins 1/2 the contest proceeds collected by the charitable organization.

VII. "Game operator" means a primary game operator or a secondary game operator.

VIII. "Game operator employer" means a primary game operator or a business entity who employs, supervises, and controls game operators and who is hired by a charitable organization to operate games of chance on its behalf. The owner of 10 percent or more of the entity, partner, managing member, or chief executive of a business entity who serves as a game operator employer must be licensed as a primary game operator.

IX. "Gaming equipment" means a collective reference to table game devices and their associated equipment.

X. "Primary game operator" means any person other than a bona fide member of the charitable organization, involved in conducting, managing, supervising, directing, or running games of chance.

XI. "Secondary game operator" means any person other than a bona fide member of the charitable organization, involved in dealing, running a roulette wheel, handling chips, or providing accounting services or security functions.

XII. "Wager" means a monetary agreement between 2 or more persons that a sum of money or other valuable thing shall be paid to one of them on the happening or not happening of an uncertain event. Wager may be used synonymously with the term "bet."

287-D:2 Enforcement. – The lottery commission, with the assistance of the attorney general and the chief of police of any city or town where games of chance are held, shall administer and enforce the provisions of this chapter.

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.
II. (a) No compensation shall be paid to bona fide members of a charitable organization or others, except as provided in subparagraph (b), who operate or assist in the operation of a bingo game. Compensation shall include, but is not necessarily limited to, money or any other thing of value. Bona fide members of a charitable organization who operate or assist in the operation of bingo games may be reimbursed for their out-of-pocket expenses in an amount not to exceed $25 per game date, provided that such expenses are itemized and submitted in writing to the charitable organization.
(b) No compensation shall be paid to any person or entity for consulting, managing, assisting in the operation of the bingo games or the sale of lucky 7 tickets, record keeping, filing forms with the racing and charitable gaming commission, advertising, free offer of coffee and donuts to customers, or security protection for the charitable organization itself not including security for the hall or parking area, unless agreed to in advance in writing by the charitable organization and submitted to the commission. Participation in and charges for such activities shall be solely at the discretion of the charitable organization. Failure to participate in any of these activities shall not constitute grounds for expulsion from any hall where bingo games are held or lucky 7 tickets are sold.
III. No one under the age of 18 years shall be admitted to the premises on which bingo games are being conducted, except when the bingo games are being conducted at a carnival. Proof of age shall be produced upon request of the commission. When bingo games are conducted at a carnival, persons under the age of 18 years may be admitted to the premises on which the bingo games are being conducted when accompanied and supervised by a parent or legal guardian; but persons under the age of 18 shall not be permitted to play bingo at a carnival.
IV. No bingo games shall be conducted prior to 11:00 a.m. or after 11:00 p.m. on any day.
V. No person who has leased out a facility or sold or leased bingo paraphernalia or related equipment to a charitable organization for use during bingo games shall participate or play in any game conducted at that location on that date. The chairperson or treasurer of a charitable organization may operate or assist in the operation of a bingo game conducted by his or her charitable organization; however, each chairperson or treasurer may not play in or assist in the playing of any game conducted at that locality on that date.
V-a. A person who volunteers to assist in the operation of a bingo game may play bingo after assisting with the operation of the game; provided that once a person has played bingo on a given date, that person may no longer assist with the operation of the bingo game on that date.
VI. No person who has been convicted of a felony or class A misdemeanor within the previous 10 years which has not been annulled by a court, or a class B misdemeanor within the past 5 years which has not been annulled by a court, or who has violated any of the statutes or rules governing charitable gambling in the past in this or any other state shall operate a bingo game or participate in the sale of lucky 7 tickets licensed under this chapter, or rent, lease, sublease, or otherwise provide any hall or bingo paraphernalia for the conduct of bingo licensed under this chapter.
VII. No charitable organization shall act as an agent for operating bingo games when it is unlawful for the charitable organization's principal to conduct bingo games.
VIII. The price to be paid for a single bingo card shall be established by rules adopted by the commission.
IX. No fee shall be charged for admission to bingo games.
X. Raffles permitted under RSA 287-A and RSA 287-D may be conducted at the same time and in the same place as a bingo game licensed under this chapter.
XI. Except as provided in paragraphs XIII and XV, all prizes, tokens, or awards used, given, offered or awarded in connection with any game or series of games conducted on one game date shall not exceed the total value of $4,000, up to $500 of which may be provided by the commercial hall.
XII. All bingo game paraphernalia or related equipment used in conducting bingo games shall be subject to inspection and approval by the commission.
XIII. During any game or series of games conducted on any one game date by a charitable organization, no more than 4 winner take all games may be conducted in which the total amount paid by the players shall be divided among the winners of that game, provided that:
(a) Winners may be awarded prizes when predetermined designs are completed; however, no more than 75 numbers shall be called in the game, and no number may be called more than once.
(b)(1) All money collected from the participants in such game or games shall be collected and counted, and shall be kept separately from all other moneys collected by the charitable organization during the bingo games conducted on the premises, and shall comply with the accounting provisions under RSA 287-E:9.
(2) If the commission determines that a charitable organization is not complying with subparagraph (1), the commission may order the charitable organization to exclude winner take all games from its game packages, until the charitable organization institutes written procedures, acceptable to the commission, regarding the accounting of winner take all games.
(c) The total amount collected from the participants shall be publicly announced and shall be recorded by an officer, director or authorized official of the charitable organization.
(d) The total amount awarded in the game shall not exceed 86 percent of the total amount collected from the participants in the game.
(e) A game reimbursement fee equal to 7 percent of the total amount collected from participants in any winner take all game shall be paid to the charitable organization operating the game.
(f) Winner take all games may be played as progressive games.
(g) Winner take all games may offer a predetermined bonus not to exceed $3,000.
XIV. [Repealed.]

[Paragraph XV effective until September 14, 2016; see also paragraph XV set out below.]

XV. A progressive coverall game or a shared carry-over coverall game:
(a) May be played once during any given game date;
(b) Shall be played on the second or last coverall;
(c) Shall not have a total of prize and bonus combined exceeding $3,000; and
(d) May offer a predetermined consolation prize to the game winner who first achieves coverall.

[Paragraph XV effective September 14, 2016; see also paragraph XV set out above.]

XV. A progressive coverall game:
(a) May be played once during any given game date;
(b) Shall be played on the second or last coverall;
(c) Shall not have a total of prize and bonus combined exceeding $3,000; and
(d) May offer a predetermined consolation prize to the game winner who first achieves coverall.

[Paragraph XVI effective until September 14, 2016; see also paragraph XVI set out below.]

XVI. A carry-over coverall game:
(a) May be played once during any given game date.
(b) Notwithstanding any other law to the contrary, may allow prize money to accumulate until there is a winner.
(c) Shall award a predetermined consolation prize to the game winner who first achieves coverall, the consolation prize is paid from the accumulated carry-over.
(d) Shall award a prize which shall be taxed under RSA 287-E:8.

[Paragraph XVI effective September 14, 2016; see also paragraph XVI set out above.]

XVI. A carry-over coverall game or a shared carry-over coverall game:
(a) May be played once during any given game date.
(b) Notwithstanding any other law to the contrary, may allow prize money to accumulate until there is a winner.
(c) Shall award a predetermined consolation prize to the game winner who first achieves coverall, the consolation prize is paid from the accumulated carry-over.
(d) Shall award a prize which shall be taxed under RSA 287-E:8.

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.