CHAPTER Lot 7200
GAMES OF CHANCE
Statutory Authority:
RSA 284:12, X; RSA 287-D:1-b
REVISION NOTE:
Pursuant to 2008, 25:1,
effective 7-11-08, the Pari-Mutuel Commission, which had first adopted Chapter Pari
1200 titled “Games of Chance” in Document #8691, effective 7-25-06, was renamed
the Racing and Charitable Gaming Commission.
Subsequently Document #9281, effective 9-24-08, which was an
interim rule, made many changes to Chapter Pari 1200 of the former Pari-Mutuel
Commission in order to implement Chapters 285, 291, and 371 of the Laws of
2008. Document #9281 adopted some new
rules and amended some existing rules.
Specifically, Document #9281 readopted with amendments and renumbered
Pari 1202.03 as Pari 1202.07, and readopted with amendments Pari 1212.01, Pari 1212.02, and
Pari 1214.01 through Pari 1214.04.
Document #9281 also renumbered, but did not readopt at that time, other
existing rules in Pari 1200, which retained the effective dates from the prior
documents affecting those rules.
New rules adopted by Document #9281
included:
Pari 1202.01 Pari
1202.12
Pari 1202.04 Pari
1215.08
Pari 1202.05 Pari
1217
Pari 1202.06 Pari
1218
Pari 1202.10
Existing rules amended, but not readopted
or renumbered, by Document #9281 included:
Pari 1201.02 Pari
1210.01
Pari 1205.01 Pari
1211.01
Pari 1205.02 Pari
1213.01
Pari 1205.03 Pari
1216.01
Pari 1207.01 Pari
1216.02
Pari 1207.02
Existing rules renumbered
by, but not contained in, Document #9281 included:
Former Number New Number
Pari 1202.01 Pari
1202.02
Pari 1202.02 Pari
1202.03
Pari 1202.04 Pari
1202.08
Pari 1202.05 Pari
1202.09
Pari 1202.06 Pari
1202.11
The Racing and Charitable Gaming
Commission was subsequently abolished pursuant to 2015, 276:121, effective
7-1-15, which amended RSA 284:6-a.
Pursuant to 2015, 276:137, I, all the functions, positions, powers,
duties, and responsibilities of the Racing and Charitable Gaming Commission
were transferred to the Lottery Commission.
Pursuant to 2015, 276:137, II, all existing rules of the Racing and
Charitable Gaming Commission were similarly transferred to the Lottery
Commission.
Document #10929, effective 9-10-15,
was filed by the Lottery Commission and readopted with amendments Chapter Pari
1200, making many changes to the wording, format, and numbering of the rules in
Chapter Pari 1200. Document #10929
replaced all prior filings affecting Chapter Pari 1200. The filings of the Pari-Mutuel Commission and
the Racing and Charitable Gaming Commission affecting the former Chapter Pari
1200 included the following documents:
#8691,
INTERIM, eff 7-25-06
#8804,
eff 1-20-07
#8921,
eff 6-27-07
#9281,
INTERIM, eff 9-24-08
#9413,
eff 3-12-09
#9882,
eff 3-3-11
#10575,
eff 4-18-14
#10792,
INTERIM, eff 2-26-15, EXPIRED 8-25-15
Prior to the filing of rules
in Document #10792, effective 2-26-15, many rules in Chapter Pari 1200 had
expired 1-20-15 because they had not been affected by filings after Document
#8804, effective 1-20-07. The rules in
Chapter Pari 1200 filed in Document #10792, effective 2-26-15, had expired as
interim rules on 8-25-15 until Chapter Pari 1200 was readopted with amendments
in its entirety by Document #10929, effective 9-10-15.
Document #12839, effective 7-27-19,
subsequently readopted and readopted with amendments various rules in Chapter
Pari 1200 and renumbered them as rules in a new Chapter Lot 7200 of the Lottery
Commission. Document #12839 also adopted
new rules. Document #12839 replaces all
prior filings affecting the former Chapter Pari 1200. The filings affecting the former Chapter Pari
1200 after Document #10929 included the following documents:
#11108, eff
4-26-16
#11118, eff
6-22-16 (Games of Chance Forms)
#12019, eff
10-27-16
#12096, eff
1-27-17
PART
Lot 7201 PURPOSE AND SCOPE
Lot
7201.01 Purpose. The purpose of this chapter is to establish
requirements for games of chance pursuant to RSA 287-D:1 through RSA 287-D:25.
Source. (See Revision Note
at chapter heading for Lot 7200) #12839, eff 7-27-19
Lot 7201.02 Scope.
This chapter shall apply to:
(a) Charitable organizations that hold or sponsor games of chance;
(b) Any person acting as or otherwise performing
the duties of a primary or secondary game operator;
(c) Any person or entity acting as or otherwise
performing the duties of a game operator employer; and
(d) Any person or entity owning or leasing a
facility at which games of chance are held.
Source. (See Revision
Note at chapter heading for Lot 7200) #12839, eff 7-27-19
PART Lot 7202
DEFINITIONS
Lot 7202.01 “Buy-in” means the amount of money or chips
that a player must purchase to become involved in a game or tournament.
Source. (See Revision Note at chapter heading for Lot
7200) #12839, eff 7-27-19
Lot 7202.02 “Charitable
organization” means “charitable organization” as defined by RSA 287-D:1, IV,
namely “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. 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.”
Source. (See Revision
Note at chapter heading for Lot 7200) #12839, eff 7-27-19
Lot 7202.03
"Commission'' means the New Hampshire lottery commission
established pursuant to RSA 284:21-a,
or its designated staff having authority to perform administrative and
clerical functions for the commission.
Source. (See Revision
Note at chapter heading for Lot 7200) #12839, eff 7-27-19
Lot
7202.04 “Games of chance” means “games
of chance” as defined in RSA 287-D:1, III, namely “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.” For the purposes of
this chapter, this term refers only to
games of chance that are offered at casinos, such as poker and its variations,
roulette, blackjack, craps, money wheel, baccarat, chuck-a-luck, and sic bo,
and other such games approved by the commission. This term does not include
sports betting.
Source. (See Revision
Note at chapter heading for Lot 7200) #12839, eff 7-27-19
Lot
7202.05 “Game operator” means “game operator”
as defined in RSA 287-D:1, VII, namely “a primary game operator or a secondary
game operator.”
Source. (See Revision
Note at chapter heading for Lot 7200) #12839, eff 7-27-19
Lot
7202.06 “Game operator employer” means
“game operator employer” as defined by RSA 287-D:1, VIII, namely “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.”
Source. (See Revision
Note at chapter heading for Lot 7200) #12839, eff 7-27-19
Lot
7202.07 “Game procedures” means rules
and instructions governing the conduct of an authorized game of chance which
includes a description of how the game is played, and won.
Source. (See Revision
Note at chapter heading for Lot 7200) #12839, eff 7-27-19
Lot
7202.08 "Hand" refers to one
game in a series, one deal in a card game, or the cards held by a player.
Source. (See Revision
Note at chapter heading for Lot 7200) #12839, eff 7-27-19
Lot
7202.09 “House rules” means general
instructions governing the conduct of the gaming operation.
Source. (See Revision
Note at chapter heading for Lot 7200) #12839, eff 7-27-19
Lot
7202.10 “Monetary transaction” means depositing,
withdrawing, transferring, or exchanging funds or monetary instruments related to a charitable gaming
event, or verifying such transactions.
Source. (See Revision
Note at chapter heading for Lot 7200) #12839, eff 7-27-19
Lot
7202.11 “Primary game operator” means
“primary game operator” as defined in RSA 287-D:1, X, namely “any person other
than a bona fide member of the charitable organization, involved in conducting,
managing, supervising, directing, or running games of chance.”
Source. (See Revision
Note at chapter heading for Lot 7200) #12839, eff 7-27-19
Lot
7202.12 “Promotion” means a game, or
similar event offered by a game room to attract players to their facility, and
includes:
(a) Player-funded promotions whereby funds are
contributed by and for the benefit of players, and are distributed to players
based on a predetermined event, such as achieving a rare hand; and
(b) Operator-funded promotions whereby funds or
merchandise are contributed by the game operator for distribution to patrons.
Such promotions include, but are not limited to, contests and giveaways.
Source. (See Revision
Note at chapter heading for Lot 7200) #12839, eff 7-27-19
Lot
7202.13 “Rake” means a set percentage of
each hand taken by the game operator as compensation, a proportion of which is
shared with the licensed, hosting charitable organization.
Source. (See Revision
Note at chapter heading for Lot 7200) #12839, eff 7-27-19
Lot
7202.14 “Re-buy” means the fee paid by a
player to purchase additional chips.
This term includes “add-ons”.
Source. (See Revision
Note at chapter heading for Lot 7200) #12839, eff 7-27-19
Lot
7202.15 “Secondary game operator” means “secondary
game operator” as defined in RSA 287-D:1, XI, namely “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.”
Source. (See Revision
Note at chapter heading for Lot 7200) #12839, eff 7-27-19
PART Lot 7203
LICENSING REQUIREMENTS
Lot
7203.01 Applying for a Charitable
Organization License.
(a)
Pursuant to RSA 287-D:4, I, any charitable organization that conducts
games of chance shall obtain a license to do so,
regardless of whether the charity will be operating the games themselves or
hiring a game operator employer to operate the games on their behalf.
(b)
To be eligible for a license, the
charitable organization shall:
(1) Meet the definition of charitable
organization as set forth in Lot 7202.02
above;
(2) Be registered with the secretary of state as
a domestic non-profit authorized to do business in New Hampshire for 2 or more
years prior to the application; and
(3) Be registered and in good standing with the director of charitable
trusts, if required under RSA 7:19 through RSA 7:32.
(c)
Except as allowed by RSA 287-E:6, II, the charitable organization applying for a games of chance license shall submit the
following to the commission at least 60 days prior to, but no more than 180
days before the first proposed game date:
(1) A completed “Games of Chance Application -
Charitable Organization License” form (6/2019);
(2) The supporting documentation
specified in (d) or (e) below, as applicable;
(3) Payment of the following fees, pursuant to
RSA 287-D:13:
a. A license fee of $25 per game date, pursuant
to RSA 287-D:13,I; and
b. When
applicable, a $10 badge fee each bona
fide member that will be participating in the operation of the event; and
(4) Documentation and payment for background and
criminal record checks, as required by RSA 287-D:12, V, for all members of the
organization who:
a. Engage in monetary transactions or are otherwise
responsible for overseeing the games of chance. The organization’s chairperson
and treasurer of the organization typically engage in monetary transactions;
and
b. Operate the games of chance, when the
organization operates the games itself, in lieu of hiring a game operator
employer.
(d) Except as
allowed by (e) below, the supporting documentation required by (c)(2) above,
shall include:
(1) One of the
following documents confirming the organization’s tax exempt status:
a. An affirmation
letter or letter of determination from the Internal Revenue Service (IRS) that
indicates the organizations tax exempt status under 26 USC §501(c)(3), (4), (7), (8), (10), or (19); or
b. If the charitable organization is exempt by
virtue of a group ruling:
1. A copy of the group exemption letter issued
to the central organization recognizing on a group basis the exemption under 26
USC §501(c)(3), (4), (7), (8), (10), or (19),
of subordinate organizations on whose
behalf the control organization has applied for recognition of exemption; and
2. A letter from the central organization with
which the charitable organization is affiliated confirming that the charitable
organization is covered under the central organization’s group tax exemption;
(2) Documentation of registration with the
director of charitable trusts, if required under RSA 7:19 through RSA 7:32,
that includes the registration number, and an indication that the organization
is currently in good standing;
(3) Documentation of registration with the New
Hampshire secretary of state, that includes the registration number, and
indicates that the organization has been registered to do business in New
Hampshire for at least 2 years;
(4) A letter written on the charitable
organizations letterhead and signed by an authorized officer of the
organization, which describes the charitable purposes for which the
organization is organized, and the extent
these charitable purposes have been furthered by the organization within the
community;
(5) A current and complete list, as described in
Lot 7206.01 below, of all officers within the organization and all bona fide
members having involvement, to any degree, with the games of chance event;
(6) A copy of the proposed game schedule, which complies with the
criteria set forth in Lot 7206.02 below;
(7) When applicable, copies of any facility
rental or lease agreements that have not already been approved by the
commission, which complies with the criteria set forth in Lot 7206.03 below;
(8) When applicable, copies of any agreements
between licensees that have not already been approved by the commission, which
complies with the criteria set forth in Lot 7206.04 below;
(9) When the charitable organization will be
operating its own games of chance event:
a. A
description of the gaming area, which complies with the criteria set forth in
Lot 7206.05 below;
b. Copies of any house rules that have not
already been approved by the commission, and which comply with
the criteria set forth in Lot 7206.06 below;
c. Copies of the game procedures for any games
that will be offered that have not already been approved by the commission, and which comply with the
criteria set forth in Lot 7206.07 below; and
d. For each bona
fide member that will be participating in the operation of the event, a photo
that meets the criteria set
forth in Lot 7206.09 below; and
(10) When a member(s) of the organization other than
or in addition to the treasurer will be handling monetary transactions, a letter signed by the treasurer of the
charitable organization granting authorization to the member(s).
(e) When the
charitable organization held a valid license the previous year, the charitable
organization shall submit the following supporting documentation:
(1) The games of chance financial reports, as
required by Lot 7208 below, for any month which has not previously been
submitted, and is due or overdue;
(2) Updated documentation when previously
submitted information provided in accordance with (d) above has changed, is no
longer accurate, is no longer effective, or has been found to be inaccurate;
and
(3) Documentation
and payment for background and criminal record checks, as required by Lot
7204.01 below, when such documentation has not been submitted to the commission
within the past 6 months.
Source. (See Revision Note
at chapter heading for Lot 7200) #12839, eff 7-27-19
Lot 7203.02 Charitable
Organizations Operating Their Own Games of Chance. When a charitable organization operates its
own games in lieu of hiring a game operator employer, only the bona fide
members of the organization that have been authorized by the commission may
participate in the operation.
Source. (See Revision
Note at chapter heading for Lot 7200) #12839, eff 7-27-19
Lot 7203.03 Applying for a Game Operator Employer
License.
(a) Any individual or entity who supervises and
controls game of chance operations on behalf of a charitable organization shall
obtain a game operator employer license.
(b) To be eligible to act as the game operator
employer on behalf of an entity, the individual shall:
(1) Have a direct and active role in employing and
supervising the game operators, and controlling the gaming operation; and
(2) Own 10
percent or more of the business, or be a business partner, managing member or
chief executive officer of the business entity.
(c) Each applicant for a game operator employer
license shall submit the following to the commission at least 60 days prior to
the expiration of the applicant’s current license or commencement of the gaming
operations, if not currently licensed:
(1) A completed “Games of Chance Application - Game Operator
Employer License” form (6/2019);
(2) A copy of
the written internal control policies and procedures required by Lot 7206.08,
which describes in detail the administrative and accounting procedures of the
operation;
(3) A written
statement signed by the licensee’s chief financial officer, and the individual
acting as the game operator employer, attesting that the internal controls
submitted in accordance with (2) above satisfy the requirements of Lot 7206.08;
(4) Copies of any house rules that have not
already been approved by the commission, and which comply with the criteria set
forth in Lot 7206.06 below;
(5) Copies of any game procedures for any games
that will be offered that have not already been approved by the commission, and
which comply with the criteria set forth in Lot 7206.07 below;
(6) A
description of the licensed premise, if not previously submitted or if any
changes have occurred since the description was last submitted;
(7) A copy of the individual or entity’s certificate
of good standing from the New Hampshire department of revenue administration;
(8) A copy of
the bond, obtained in accordance with RSA 287-D:8, VII, for each location where
the game operator employer will be conducting games of chance;
(9) A photo
of the individual who will be acting as the game operator employer that meets
the criteria set forth in Lot 7206.09 below;
(10) Payment of the following fees, pursuant to RSA 287-D:13:
a. A $750 application fee; and
b. A $10 badge fee; and
(11)
Documentation and payment for background and criminal record checks
submitted in accordance with Lot 7204.01 below.
(d) In accordance with RSA 287-D:12, VI, a
criminal record check shall be required of:
(1) Each owner,
partner or trustee holding 10 percent or more ownership interest in the
underlying business;
(2) In the case
of a corporation, each officer, director or shareholder holding more than 10
percent of the stock; or
(3) In the case
of a limited liability company, each manager or member.
Source. (See Revision
Note at chapter heading for Lot 7200) #12839, eff 7-27-19
Lot 7203.04 Applying for a Primary Game Operator
License.
(a) Except as allowed by (b) below, any
individual who is responsible for conducting, managing, supervising, directing
or running the games of chance on behalf of a charitable organization shall
obtain a primary game operator license.
(b) A licensed game operator employer may act as
a primary game operator without obtaining a separate license to do so.
(c) Each individual applying for a primary game
operator license shall submit the following to the commission at least 60 days
prior to the expiration of the applicant’s current license or participating in
the operation of games of chance, if not currently licensed:
(1) A completed “Game of Chance Application -
Primary Game Operator License” form (6/2019);
(2) A photo
of the applicant that meets the criteria set forth in Lot 7206.09 below;
(3) Payment of
the following fees, pursuant to RSA 287-D:13:
a. A $500
application fee; and
b. A $10 badge
fee, if applicable; and
(4) Documentation
and payment for background and criminal record checks submitted in accordance
with Lot 7204.01 below.
Source. (See Revision
Note at chapter heading for Lot 7200) #12839, eff 7-27-19
Lot 7203.05 Applying for a Secondary Game Operator
License.
(a) Except as allowed by (b) below, any
individual who is responsible for dealing, running the roulette wheel, handling
chips, or proving accounting services or security functions on behalf of a
charitable organization shall obtain a secondary game operator license.
(b) Licensed game operator employers and licensed
primary game operators may act as a secondary game operator without obtaining a
separate license to do so.
(c) Each individual applying for a secondary game
operator license shall submit the following to the commission at least 60 days
prior to the expiration of the applicant’s current license or participating in
the operation of games of chance, if not currently licensed:
(1) A completed “Game of Chance Application - Secondary Game Operator License” form
(6/2019);
(2) A photo
of the applicant that meets the criteria set forth in Lot 7206.09 below;
(3) Payment of
the following fees, pursuant to RSA 287-D:13:
a. A $30
application fee; and
b. A $10 badge
fee, if applicable; and
(4) Documentation and payment for background and criminal record checks
submitted in accordance with Lot 7204.01 below.
(d) Pursuant to
RSA 287-D:10, VI, the commission shall issue a provisional license upon the
applicant’s request when:
(1) The applicant has not been licensed before,
or the applicant’s previous license has been expired for at least 6 months;
(2) The commission has reviewed the application,
and found it to be complete; and
(3) The applicant has paid an additional $10
badge fee.
(e) A provisional
license shall expire 60 days from the date of issue, or upon issuance or denial
of the applicant’s annual license, whichever occurs first.
Source. (See Revision
Note at chapter heading for Lot 7200) #12839, eff 7-27-19
Lot 7203.06 Requesting
Additional or Replacement Game Operator Badges.
(a)
In accordance with RSA 287-D:9, VI and RSA 287-D:10, V, when a game
operator works for more than one game operator
employer, the game operator shall obtain a separate identification badge for
each employer by submitting a separate application and licensing fee as
specified in Lot 7203.04(c) and Lot 7203.05(c) above, as applicable .
(b)
To request the replacement of a lost or stolen badge,
the game operator shall submit the following to the commission:
(1) A completed “Request for a Replacement Game Operator Badge” form (6/2019); and
(2) A separate badge fee of $10.
(c) When a game
operator is no longer working for the game operator employer, the game operator
shall return his or her badge to the commission within 5 business days of
leaving employment.
(d) If an individual
fails to return a badge as required by (c) above, the individual shall be
ineligible for licensure until such time as the badge is returned or the
individual provides a sworn affidavit to the commission stating the
disposition of the badge.
Source. (See Revision
Note at chapter heading for Lot 7200) #12839, eff 7-27-19
Lot 7203.07
Applying for a Games of Chance Facility License.
(a) In accordance with RSA 287-D:7, I, any person
or entity, other than a charitable organization or governmental subdivision,
with control of a facility, including by a written lease, at which games of
chance are held for 5 or more game dates per calendar year, shall be licensed.
(b) Each applicant
for a games of chance facility license shall submit the following to the
commission at least 120 days prior to the expiration of the facility’s current
license or games of chance being held at the facility, if not currently
licensed:
(1) A completed
“Games of Chance Application - Facility License” form (6/2019);
(2) A description of the gaming area, in
accordance with Lot 7206.05;
(3) If the applicant is the lessor of the
property, as allowed by (a) above, a copy of the lease, an addendum to the
current lease, or a certified letter signed by the property owner which
includes specific language granting the lessor authority and responsibility to
oversee the facility for the purposes of operating a games of chance facility;
and
(4) Payment of the license fee of $250, pursuant
to RSA 287-D:13, II.
(c) In addition to the requirements of (b) above,
documentation and payment for a background and criminal record check, as set
forth in Lot 7204.01 below, shall be submitted with the application for the
following individuals:
(1) When the
application is being submitted by either the property manager or the primary
owner of the property, a background and criminal record check shall be required
for:
a. Each owner,
partner or trustee holding 10 percent or more ownership interest in the
underlying business;
b. In the case
of a corporation, each officer, director, or shareholder holding more than 10
percent of the stock; or
c. In the case
of a limited liability company, each manager or member; or
(2) When the application
is being submitted by the lessor of the property with authority and oversight
responsibilities of the facility, a background and criminal record check shall
be required for those individuals specified in Lot 7203.03(c)(11) above.
(d)
For the purpose of this section, the applicant
shall be the primary owner of the property, or the property manager or lessor
of the property with the authority and oversight responsibilities of the
facility.
(e) The applicant shall ensure that the facility
complies with all applicable laws and building codes, including compliance with
the Americans with Disabilities Act of 1990 (ADA).
Source. (See Revision Note
at chapter heading for Lot 7200) #12839, eff 7-27-19
Lot
7203.08 Facility License Exemption. Pursuant to RSA 287-D:7, I, a facility shall
be exempted from the requirements in Lot 7203.07 above when:
(a) No more than 4 game dates are held at the
facility per calendar year; or
(b) The facility is owned by a charitable
organization or government subdivision, and provided free of charge.
Source. (See Revision
Note at chapter heading for Lot 7200) #12839, eff 7-27-19
PART Lot 7204
FITNESS TO BE ASSOCIATED WITH CHARITABLE GAMING IN NEW HAMPSHIRE
Lot
7204.01 Background and Criminal
Records Checks.
(a) In accordance with RSA 287-D:12, all
applicants for a license pursuant to this chapter shall submit to the
commission:
(1) A completed and notarized NH State Police
Criminal Records Release Authorization Form (DSSP392 rev. 5/2017) obtained from
the commission authorizing the release of the applicant’s criminal history
record;
(2) A complete set of fingerprints taken by a
qualified law enforcement agency, as follows:
a. If fingerprints are captured via ink
impressions, the FBI FD-258 fingerprint card issued by the NH state police; or
b. If fingerprints are digital captured via a
Livescan device, the original Livescan Site Form; and
(3) Payment of the criminal history record,
payable to the “State of NH – Criminal Records” and in the amount established
by the NH state police.
(b) The requirements of (a) above shall apply to
the following individuals:
(1) All individuals listed in Lot 7203.01(c)(4)
when seeking a charitable organization license;
(2) All individuals listed in Lot 7203.03(d) when
seeking a game operator employer license;
(3) The applicant when seeking a primary or
secondary game operator license; and
(4) All individuals listed in Lot 7203.07(c) when
seeking a facility license.
(c) Pursuant to 28 CFR 16.34, if, after reviewing
the FBI Identification Record, often referred to as a “rap sheet”, the
applicant believes that it is incorrect or incomplete in any respect and wishes
changes, corrections, or updating of the alleged deficiency, the applicant may:
(1) Make application directly to the agency which
contributed the questioned information; or
(2) Direct his/her challenge as to the accuracy
or completeness of any entry to the FBI, Criminal Justice Information Services
(CJIS) Division, ATTN: SCU, Mod. D-2, 1000 Custer Hollow Road, Clarksburg, WV
26306.
(d)
For the purposes of this section, a conviction from a jurisdiction
outside of New Hampshire shall be classified as a felony or misdemeanor based
on the classification of the equivalent offense in the state of New Hampshire
at the time of that conviction.
Source. (See Revision
Note at chapter heading for Lot 7200) #12839, eff 7-27-19
Lot 7204.02 Background
Investigations of Facility and Game Operator Employer Applicants.
(a) In accordance
with RSA 287-D:11, any person, associate, corporation, or other type of entity
applying for or holding a facilities or game operator employer license shall
file a complete and detailed written statement with the attorney general that
contains the following information:
(1) The name, residence address, and nature of
the ownership interest including, where applicable, the number of shares of
stock held and if known, how obtained, of every person who possesses an
ownership interest in such entity;
(2) The name, address, present principal
occupation or employment, and name and principal business of any corporation or
other organization in which such employment is carried on of every director, officer, and holder of 10
percent or more ownership interest in such entity;
(3) Such other information as the attorney
general shall deem relevant to its consideration of the application,
including documentation and information that predates the 10-year period
immediately prior to the date of filing of the application, including, but not
limited to:
1.
All civil actions, including bankruptcy filings, to which the applicant
was a party during the past 10 years, including, but not limited to, actions
resulting in a civil judgment;
2.
Information and documentation demonstrating by clear and convincing
evidence the applicant’s financial stability; and
3.
Any other information the which the attorney general, in the attorney
generals’ sole discretion, may find to bear on the subjects fitness to be
associated with charitable gaming in New Hampshire, including, but not limited
to, the subjects character, personal associations, and the extent to which the
subject is properly doing business in the manner in which it purports to
operate; and
(4) The signature of the applicant or holder of
such license if an individual, or by the officer of the entity attesting to the accuracy of the information being
provided.
(b)
Each applicant or licensee shall file the information required in (a)
above with the initial application, and every 5 years thereafter.
(c) As required by RSA 287-D:11, II(d), if at any
time the applicant or licensee discovers that information provided in accordance with (a) above has changed, or is
otherwise found to be inaccurate, the applicant or licensee shall submit
updated or corrected information to the attorney general and the commission
within 10 days of the event that
resulted in the change, or discovery of the inaccuracy.
(d) In accordance
with RSA 287-D:11, III(a), no person shall be issued or hold a license if in
the opinion of the attorney general such person is not fit to be associated
with charitable gaming in this state.
Source. (See Revision
Note at chapter heading for Lot 7200) #12839, eff 7-27-19
Lot 7204.03 Fitness
to be Associated with Charitable Gaming.
(a) The commission shall deem an applicant fit to
be associated with charitable gaming in New Hampshire when:
(1) The applicant’s background and criminal
records check, conducted pursuant to Lot 7204.01 above demonstrates that the applicant is not prohibited from
participating in the operation of a games of chance event per RSA 287-D:14, IX;
and
(2) If the applicant is seeking a game operator employer or facility license, the
attorney general has not determined the applicant to be unfit to be associated
with charitable gaming in this state, pursuant to Lot 7204.02 above.
(b)
All of the documents submitted by an applicant for the purposes of
determining fitness under this section shall be considered confidential.
Source. (See Revision
Note at chapter heading for Lot 7200) #12839, eff 7-27-19
PART Lot 7205
APPROVAL OF AN APPLICATION FOR LICENSURE
Lot 7205.01 Application
Approval and Denial Criteria.
(a) In accordance
with RSA 541-A:29, I and II, the commission shall:
(1) Within 30
days of receipt, examine the application, notify the applicant of any apparent
errors or omissions, and request any additional information needed to complete the
application process; and
(2) Within 60 days after receipt of
the application, or response to a request for additional information pursuant
to (1) above, approve or deny the application.
(b)
The commission shall approve an application and issue a
license when:
(1) The application
complies with the applicable requirements set forth in Lot 7203 above;
(2) The applicant
otherwise meets the qualifications for licensure specified in RSA 287-D, and
this chapter;
(3) The commission determines that the applicant
is fit to be associated with charitable gaming in New Hampshire, pursuant to
Lot 7204.03 above;
(4) The applicant’s license has not been revoked
within the past 12 months, as prohibited by RSA 287-D:23, III, and the
applicant has not been found to have violated the statutes or rules governing
charitable gaming as prohibited by RSA 287-D:14, IX;
(5) The applicant is seeking a game operator
employer license or a facility license, and the attorney general’s office has
determined that the applicant is fit to be associated with charitable gaming in
New Hampshire, pursuant to RSA 287-D:11; and
(6) The applicant is seeking a game operator employer license, and the
commission finds that all internal controls and surveillance equipment are
operational, and otherwise comply with the requirements of this chapter.
(c)
The commission
shall deny the application and not issue a license when:
(1) The application does not comply with the
applicable requirements set forth in Lot 7203 above;
(2) The applicant does not otherwise meet the
qualifications for licensure specified in RSA 287-D, or this chapter;
(3) The commission determines that the applicant
is not fit to be associated with charitable gaming in New Hampshire, pursuant
to Lot 7204.03 above;
(4) The applicant’s license has been revoked
within the past 12 months, as prohibited by RSA 287-D:23, III, or the applicant
has been found to have violated the statutes or rules governing charitable gaming
as prohibited by RSA 287-D:14, IX;
(5) The applicant is seeking a game operator employer
or facility license, and the attorney general’s office has determined that the
applicant is not fit to be associated with charitable gaming in New Hampshire,
per RSA 287-D:11; or
(6) The
applicant is seeking a game operator employer license, and the commission finds
that all internal controls and surveillance equipment are not operational, or are
otherwise not in compliance with the requirement of this chapter.
Source. (See Revision
Note at chapter heading for Lot 7200) #12839, eff 7-27-19
Lot
7205.02 License Limitations and
Expirations.
(a)
In accordance with RSA 287-D:6, IV, a charitable organization shall not
operate more than 10 game dates per any 12 month period.
(b) All licenses issued under this part shall be
non-transferable.
(c) In addition to (b) above, a facility license
shall be non-assignable.
(d)
Games of chance licenses issued in accordance with this part shall
expire as follows:
(1)
Charitable organization licenses shall expire 12 months from the date of
issue or after the completion of the tenth game date, whichever comes first, as
specified in RSA 287-D:6, V;
(2) Game operator employer licenses shall expire
on December 31 of the licensed year;
(3) Primary game operator licenses shall expire
on the last day of the month of the licensee’s birthday, as specified in RSA
287-D:9, VII;
(4) Secondary game operator licenses shall expire
on the last day of the month of the licensee’s birthday, as specified in RSA
287-D:10, III;
(5) Facility licenses shall expire on December 31
of the licensed year, as specified in RSA 287-D:7, IV;
(6) Upon revocation by the commission in
accordance with RSA 287-D:23, III; or
(7) Upon
voluntary surrender by the licensee.
Source. (See Revision
Note at chapter heading for Lot 7200) #12839, eff 7-27-19
Source. (See Revision
Note at chapter heading for Lot 7200) #12839, eff 7-27-19
PART Lot 7206
REQUIRED DOCUMENTATION
Lot
7206.01 List of All Officer and
Participating Bona Fide Members.
(a) The licensed
charitable organization shall maintain a current and complete list of all
officers within the organization and all bona fide members involved, to any
degree, with the games of chance event, and submit any updates to the
commission within 15 day of any changes to the list, in accordance with Lot 7205.03 above.
(b) The list required by (a) above shall include
the following information:
(1) The members’ full name, and contact
information, including legal address;
(2) The member’s title or position within the
organization, with officers being listed first and alphabetically thereafter;
(3) If a game operator will be operating the
games on behalf of the organization, an indication as to which members are
authorized to:
a. Sign the “Games of Chance - Charitable
Organization Member’s Affidavit” form (6/2019); and
b. Engage in monetary transactions; and
(4) If the organization will be operating the
games itself, a description of the duties the member will be responsible for
relative to the games of chance event;
(c) To participate in the operation of games of
chance as a member of a charitable organization, the individual shall:
(1) Meet the definition of a bona fide members in
accordance with RSA 287-D, II;
(2) Submit to a background and criminal records
check completed, as required by Lot 7204.01 above; and
(3) Be found fit by the commission to be associated with charitable gaming in this state,
pursuant to Lot 7204.03 above.
(d) In accordance with RSA 287-D:14, XIX, the charitable
organization may amend or supplement the list of persons who will participate
in any games of chances at least 10 business days prior to the effected game
date.
Source. (See Revision
Note at chapter heading for Lot 7200) #12839, eff 7-27-19
Lot 7206.02 Game
Schedule.
(a) Pursuant to RSA 287-D:14, XVIII, a games of chance licensee shall only conduct
games of chance that have been identified on a game schedule, and approved by
the commission.
(b) Except as
allowed by (f) below, the charitable
organization shall submit a game schedule as part of the application, as
required by Lot 7203.01(d)(6) above.
(c) A game schedule
shall contain the following information:
(1) The name of
the licensed charitable organization that will be sponsoring the games of
chance event(s);
(2) The date(s) and time(s) of the proposed games
of chance event(s);
(3) The location where the proposed games of chance event(s) will be
held;
(4) The
name and game procedure approval number issued by the commission for each of
the games, including promotions, being offered at each of the specified
event(s); and
(5) The buy-in and re-buy amounts for each game of
chance where the chips have no monetary value.
(1) All of the information required by (c) above
is not provided;
(2) The games procedures for
each of the games being offered have not been approved by the commission,
pursuant to Lot 7206.07 below;
(3) The total number of game dates hosted by the
charitable organization exceeds 10 days in any 12-month period , in violation
of RSA 287-D:6, IV; or
(4) The request does not otherwise comply with
RSA 287-D and this chapter.
(e) Any additional game dates approved as part of
an amended game schedule shall be subject to a license fee of $25 per game date, pursuant to
RSA 287-D:13,I.
(f) The charitable organization, or the game
operator employer hired to act on the organization’s behalf, shall submit any
amendments to its game dates at least 3 days prior to the first amended game
date.
(g)
If a game date is cancelled due to an unforeseen occurrence or extreme
weather condition, the charitable organization, or the game operator employer
hired to act on the organization’s behalf, shall notify the commission of the
cancelation by the next business day.
Source. (See Revision
Note at chapter heading for Lot 7200) #12839, eff 7-27-19
Lot 7206.03 Rental
and Lease Agreements.
(a) Pursuant to
RSA 287-D:19 and Lot 7203.01(c)(7)-(8) above, the charitable organization shall
submit all service or rental agreements to the commission with its license
application.
(b) The charitable organization, or the game
operator employer hired to act on the organization’s behalf, shall submit any
amendments to its lease agreements at least 15 days prior to the effective date
of the agreement.
(c) Rental and lease agreements shall include the
following items and services:
(1) Gaming space;
(2) Heat, lights and restroom facilities
sufficient for the seating capacity of the facility;
(3) Security of
the facility and parking area;
(4) Snow removal; and
(5) Trash
removal and overall janitorial services sufficient to maintain the facility in a clean and proper condition for conducting business.
(d) The amount of rent, goods, and services
charged shall:
(1) Be no more
than the amounts charged to others for the same or similar rentals, goods or
services;
(2) Not be
based in whole or in part on a percentage of gross receipts or net proceeds derived
from the conduct of charitable gaming or by reference to the number of people
in attendance; and
(3) Not be
greater than the charitable organization’s share of the gross proceeds for the
license period.
(e) A licensed charitable organization may elect
to provide for itself any of the goods and services that a facility owner is
required to provide under this section, provided these arrangements are clearly
noted in the lease agreement, and the total compensation to be paid the
facility is reduced commensurate with the cost of the goods and services as
itemized in the lease.
(f) Participation in and charges for activities
such as advertising, free offer of coffee and donuts to customers, security
protection for the charitable organization itself, consulting or management
services, shall be at the discretion of the charitable organization.
(g) Failure to participate in these activities
described in (f) above shall not constitute grounds for expulsion from the
facility.
(h) No games of chance shall be held in any facility that has not been
approved by the municipal governing body for public assembly, or as otherwise
required by law.
(i) The commission shall approve a rental or
lease agreement when the lease meets the requirements set forth in this
section, and does not otherwise violate RSA 287-D or this chapter.
Source. (See Revision
Note at chapter heading for Lot 7200) #12839, eff 7-27-19
Lot 7206.04 Agreements
Between Licensees.
(a) Pursuant to RSA 287-D:14, II, when an
agreement is made between a charitable organization and another licensee
relative to games of chance:
(1) All agreements between a charitable
organization and a game operator employer shall be enacted using the “Standard
Form of Agreement for Games of Chance” form (6/2019);
(2) Except as allowed by (3) below, the
charitable organization shall submit the agreement(s)
as part of the application for licensure, as required by Lot 7203.01(c)(7)
above; and
(3) The
charitable organization shall submit any amendments to the agreement(s) at
least 15 days prior to the effective date of the agreement.
(b) An agreement shall be deemed approved unless
and until such time as the commission finds that the agreement does not include
all of the information contained in the “Standard Agreement”, or violates RSA
297-D or this chapter.
(c) When the commission determines that an
agreement does not meet the requirements of (b) above, the licensees shall
submit a revised agreement that meets the requirements of (b) above within 15
days of the commission’s notification.
Source. (See Revision
Note at chapter heading for Lot 7200) #12839, eff 7-27-19
Lot 7206.05 A Description of the Gaming Area.
(a)
No game of chance shall be conducted unless it has been approved by the
commission.
(b) The following information shall be
submitted to the commission when requesting approval of a gaming area:
(1) The address of the facility; and
(2) A description of the facility that includes:
a. A detailed diagram of the gaming area that:
1. Includes a legend;
2. Is drawn to scale, or includes accurate
measurements; and
3. Is of sufficient detail and clarity to physically
identify the gaming area within the facility;
b. The square footage of the gaming area;
c. The capacity levels, as deemed acceptable by
local building and fire code;
d. If applicable, available parking; and
e. If applicable, the location and method of
physical separation between the games of chance area and other licensed
activities within the same premises, to ensure a clear separation of these
areas.
(c) The information
required by (b) above shall be submitted by:
(1) The facility as part of a license
application, as required by Lot 7203.06 above;
(2) The charitable organization as part of a
license application when operating its own games of chance event, as required
by Lot 7203.01(c)(9) above; or
(3) The licensed facility or licensed charitable
organization, as applicable, at least 15 days prior to any changes to a
previously approved gaming area taking effect.
(d) Within 15 days of
receiving the information required in (c) above, the commission shall determine
if the request meets the following criteria for approval:
(1) The applicant has provided sufficient detail
and clarity to physically identify the gaming area within the facility;
(2) The capacity levels meet local building and
fire code standards;
(3) If applicable, there is a clear separation
between the games of chance area and other licensed activities within the same
premises; and
(4) The gaming area does not otherwise violate
RSA 287-D, or this chapter.
(e) In accordance with RSA 287-D:14,I, no more
than 2 licensed charitable organizations shall conduct games of change at any
one location on any date.
Source. (See Revision
Note at chapter heading for Lot 7200) #12839, eff 7-27-19
Lot 7206.06 House Rules.
(a) Pursuant to RSA 287-D:14, XXI, the charitable
organization or, where applicable, the operator employer hired to act on behalf
of the organization, shall adopt and adhere to house rules that include a
minimum of the following:
(1) The general
rules of play;
(2) The amount
of the entry fee, if any;
(3) Methods of
making wagers, including:
a. Whether or
not buy-in and re-buys will be permitted, and if permitted, under what
circumstances, conditions, and amounts; and
b. The initial
amount of all antes and blind bets and a description of the manner in which the
amount of antes and blinds will increase during the progress of game;
(4) Procedures
for misdeals, betting irregularities and splitting pots;
(5) Any time
limits pertaining to the play of the game;
(6) Any rules
that may restrict a player's right to win a hand, pot, or jackpot prize;
(7) Prize pay
outs and any prize-related restrictions;
(8) The refund
policy;
(9) Standards and policies and procedures for
addressing and resolving player disputes;
(10) How a
player can contact the commission with comments, concerns or questions; and
(11) The
effective date of the house rules.
(b) Except as
allowed by (c) below, the charitable
organization shall submit the house rules as part of the application, in
accordance with Lot 7203.01(d)(9)b above.
(c) The charitable organization, or the game
operator employer hired to act on the organization’s behalf, shall submit any
amendments to its house rules at least 15 days prior to the first amended game
date.
(d) The charitable organization, or where
applicable, the game operator, shall be
required to correct and resubmit its house rules when the commission determines
that:
(1) The house
rules do not include the details required by (a) above;
(2) The house rules conflict with or are otherwise
prohibited by law, this chapter or any ruling issued by the commission; or
(3) The
licensee has not adhered to the house rules as submitted.
(e) Prior to the start of each event, the
charitable organization, or the game operator employer hired to act on the
charity’s behalf, shall ensure that a public announcement is made letting
players know where copies of the house rules are located and how to obtain
copies.
Source. (See Revision
Note at chapter heading for Lot 7200) #12839, eff 7-27-19
Lot
7206.07 Game Procedures.
(a) Charitable organizations and game operator
employer shall only offer games of chance for which the game procedures have
been approved by the commission.
(b) To obtain approval of a game procedure that
has not previously been approved by the commission, the charitable
organization, or game operator employer hired to act on the organization’s
behalf, shall submit a written request and the game procedure to the commission
at least 45 days prior to the proposed implementation date.
(c) The game procedures shall include a minimum
of the following information:
(1) For card
games:
a. The name of
the card game;
b. The object
of the card game;
c. The rules of
the card game;
d. The
equipment used for the card game;
e. The method
of play for the card game;
f. The types of
wager or wagers for the card game, including buy-ins and re-buys;
g. The wager
amounts for the card game;
h. The payouts
and payout odds for each wager in the card game; and
i. The rules
governing any card game point system established by the licensee;
(2) For games
which are not a card games:
a. The name of
the game;
b. The object
of the game;
c. The rules of
the game;
d. The
equipment used for the game;
e. The method
of play for the game;
f. The types of
wager or wagers for the game;
g. The wager
amounts for the game;
h. The payouts
and payout odds for each wager in the game; and
i. The rules
governing any game point system established by the licensee; and
(3) For
promotions:
a. The name of
the promotion;
b. A
description of the promotion and the style of play;
c. The
conditions for participating in the promotion;
d. The type of
hand or triggering events that cause a
player to win;
e. A schedule
of what each winning hand or triggering event wins;
f. How the win
will be recorded, and winning player will be paid out;
g. How the game
advances the purposes of RSA 287-D; and
h. When the
promotion is player-funded:
1. The amount, percentage, or the formula used to determine the amount of funds to
be contributed from each pot;
2. The account
where the funds will be deposited and withdrawn from during the time held by
the game operator employer;
3. How and when
the contributed funds are added to the pool(s); and
4. How the promotional funds will be dispersed
in the event the game is closed out or otherwise terminated.
(d) The licensee shall obtain commission approval
whenever a modification is made to an approved game procedure, including any
changes made to the odds.
(e) The licensee shall clearly describe the
changes being proposed when submitting a written request for approval of a
modified game procedure.
(f) Upon request, the charitable organization, or
game operator employer hired to act on the organization’s behalf, shall also
demonstrate the proposed game to the commission.
(g) The commission shall approve a game
procedure, or a modification to a previously approved game, if it concludes
that:
(1) The game
procedure is for a game of chance as defined by Lot 7202.04 above;
(2) The game
procedures include the details required by (c) above;
(3) Approval of
the game of chance would likely advance the purposes of RSA 287-D, including
servicing as a source of revenue for the charitable organization and the state
of New Hampshire;
(4) Approval of
the game of chance would not be otherwise prohibited by law, this chapter or
any rulings of the commission; and
(5) The game
procedures comply with standard rules of the game, such as those found in The
New Complete Hoyle: The Authoritative Guide to the Official Rules of All Popular Games of Skill
and Chance, Revised Edition (1991), Poker Tournament
Directors Association’s Recommended Procedures and Illustration Addendum
(version 3.0, October 24, 2017), available as noted in Appendix B, or a similar
authoritative guide on games of chance.
(h) The commission shall deny or revoke its
approval of any game of chance when it concludes that:
(1) The game
procedure does not meet the requirements of (g) above;
(2) The
approval previously granted to the licensee was erroneously issued; or
(3) The licensee operates the game of chance in a
manner that is not consistent with the procedures as approved.
(i) Game procedures that have been approved by
the commission may be utilized
by other charitable organization or game operator employers without additional
commission approval, when included on the game schedule submitted in accordance
with Lot 7206.02 above.
(j) Commission approval of a game procedure shall
not represent, warrant or otherwise assert that the game does not violate any
intellectual property right, including, but not limited to, any agreement,
license, copyright, trademark or patent right. It shall be the licensee’s
responsible to meet all proprietary requirements.
(k) Prior to the start of each game, the
charitable organization or the game operator employer hired to act on the
organization’s behalf shall ensure that a public announcement is made informing
players as to where copies of the game procedures are located and how copies
can be obtained.
Source. (See Revision
Note at chapter heading for Lot 7200) #12839, eff 7-27-19
Lot 7206.08 Internal
Control Procedures.
(a) The
charitable organization, or the operator employer hired to act on behalf of the
organization, shall develop, implement, and adhere to written internal control
policies and procedures designed to ensure effective control over the gaming
operation by discouraging and protecting against illicit behavior and
safeguarding the integrity of the games.
(b) The
controls required by (a) above shall ensure that:
(1) Assets are
safeguarded;
(2) Financial
records are complete, accurate, and reliable;
(3)
Transactions are performed only in accordance with the general or
specific authorization this chapter;
(4)
Transactions are recorded adequately to permit proper reporting of
gaming revenue and of fees and taxes, and to maintain accountability for
assets;
(5)
Accountability for assets is maintained in accordance with generally
accepted accounting principles;
(6) Access to
assets is permitted only to authorized personnel;
(7) Recorded
accountability for assets is compared with actual assets at least once a day;
(8) When a
variance is discovered, the shortage or overage is recorded, accounted for and
paid for, and all variances $1,000 or more, in whole or in aggregate, are
reported to the commission within 30 days;
(9) Appropriate
action is taken with respect to any discrepancies, variances, or errors to
ensure the state and the charitable organization are not negatively
impacted;
(10) Functions, duties, and responsibilities are
appropriately segregated and performed in accordance with sound practices by
authorized personnel, and no individual is in a position to perpetuate fraud or
conceal errors or irregularities in the normal course of duties; and
(11) Gaming is
conducted in accordance with RSA 287-D and this chapter.
(c) The internal control policies and procedures
required in (a) above shall address a minimum of the following areas:
(1) The implementation of
an organizational structure designed to segregate functions, duties, and
responsibilities in accordance with sound business practices to prohibit individuals from being in a position that
allows them to both commit and conceal an error or to perpetrate a fraud in
their normal course of duties;
(2)
Control of games of chance equipment inventory to prevent unauthorized access,
misappropriation, forgery, theft, or fraud, including systems and safeguards
with regard to the receipt, storage, inventory and disbursal of chips, cards,
dice, and other sensitive equipment utilized in games of chance;
(3) A system for the collection and security of
moneys at the table games, the transfer and recordation of chips between the
table games and the cashiers’ cage, the transfer of money from the table games
to the counting process, and the process and equipment to assure security for
the counting and recordation of revenue;
(4) Safeguards of assets within the cashiers’
cage for:
a. The receipt,
storage, inventory and disbursal of chips, cash, counter checks and other cash
equivalents used in gaming;
b The cashing
of checks;
c. The
redemption of chips and other cash equivalents used in gaming; and
d. The
recording of transactions pertaining to gaming;
(5) An accounting system of controls established
in accordance with (d)-(e) below to safeguard assets and ensure that:
a. Financial
records are prepared and maintained completely, accurately and reliably;
b Revenue and
fees are properly reported and paid;
c.
Accountability of assets is maintained; and
d. The
charitable organization and the game operator employer review records and
reports periodically, and, when applicable, appropriate
action is taken with respect to any discrepancies;
(6) When
tournaments are offered, a system for tracking the amount that that a player
has spent for buy-ins and re-buys to ensure players do not exceed the limits
set by RSA 287-D:14, XV and XVI;
(7) Standards governing
the utilization of the surveillance and security designed to prevent
unauthorized access, activities, misappropriation, forgery, theft, or fraud;
(8) When applicable,
physical and systems controls for information technology, including data
back-up, and maintenance of systems; and
(9) Procedures
and controls for ensuring that the gaming area is secure during normal
operations, as well as contingency plans to address unforeseen incidences such
as power outages, or episodes of equipment failure.
(d)
The charitable organization, or the operator employer hired to act on
behalf of the organization, shall establish and maintain an accounting system
for all activities conducted in conjunction with games of chance that includes
a minimum of the following:
(1) Internal controls to secure and count all
cash received in connection with a game of chance event, including the
requirements that no fewer than 2 individuals be
responsible for counting the receipts;
(2) Methods of accounting for chip sale and
reimbursement;
(3) Verification of all transfers of cash and
chips between game table(s) and the central counting area;
(4) Procedures
to ensure that contributions made to a player-funded promotion are kept
separate, and at no time co-mingled with other gaming revenue; and
(5) Procedures
to ensure that, for all cash poker games, the amount collected for the rake per
hand are at least one dollar more than the amount contributed per hand toward a
player-funded promotion.
(e) General accounting records shall consist of controls
established to safeguard assets and ensure accurate and complete records of all
transactions pertaining to gaming revenue and activities of operational
accountability that:
(1) Record gaming activity transactions in an
accounting system to identify and track all revenues, expenses, assets, and
liabilities;
(2) Produce financial statements to include, at a
minimum, an income statement and a balance sheet;
(3) Produce appropriate subsidiary ledgers to
support the balance sheet;
(4) Inventory and safeguard assets;
(5) Prepare, review, and maintain accurate
financial statements;
(6) Prepare minimum bankroll calculations in
accordance with Lot 7207.04(p) below; and
(7) Maintain
and preserve all financial books, records, and relevant supporting
documentation.
(f) When the commission determines that the
policies and procedures do not meet the requirements of (c)-(e) above, the
licensee shall submit and implement revised procedures that do meet the
requirements within 15 days of the commission’s notification.
(g) When the licensee updates or otherwise amends
any portion of the internal control procedures, the licensee shall submit the
amendments to the commission at least 15 days before the amendment is
implemented.
(h) All revisions or amendments made as described
in (f) and (g) above shall be submitted to the commission:
(1) Using
revision marks so the changes made to the document are clear;
(2) With a
cover sheet that documents the reason why the amendment is being submitted; and
(3) With the
version number clearly marked on every page along with the effective date.
(i) The charitable organization, or the operator
employer hired to act on behalf of the organization, shall maintain a copy of
the current controls and procedures in the gaming area, or otherwise make them
available for inspection upon request.
(j) The licensee shall maintain a copy of any
superseded changes to its internal controls for a minimum of 2 years.
Source. (See Revision
Note at chapter heading for Lot 7200) #12839, eff 7-27-19
Lot
7206.09 Criteria for Photos Used to
Create Badges. Photos submitted in
accordance with Lot 7203.01(d)(9)d., Lot 7203.03(c)(9), Lot 7203.04(c)(2), and
Lot 7203.05(c)(2) shall be:
(a) Taken within the last 6 months to reflect the
applicant’s current appearance;
(b) Taken in front of a plain white or off-white
background;
(c) In color;
(d) Taken in full-face view directly facing the
camera;
(e) Taken with a neutral facial expression or a
natural smile and with both eyes open;
(f) Composed so that:
(1) The overall
photo size is 2 inches square;
(2) The head is
between 1 inch and 1 3/8 inches from the bottom of the chin to the top of the
head; and
(3) The eye
height is between 1 1/8 and 1 3/8 inches from the bottom of the photo; and
(g) Printed on matte or glossy photo quality
paper;
Source. (See Revision
Note at chapter heading for Lot 7200) #12839, eff 7-27-19
PART Lot 7207
OPERATION OF GAMES OF CHANCE
Lot
7207.01 Participants in the Operation
of Games of Chance.
(a) A license issued
in accordance with RSA 287-D and this chapter shall be required for any
individual who:
(1) Is party to, engages in,
or supervises others in the operation of games of chance in any capacity;
(2) Has access to sensitive areas within the
gaming facility, including areas where money, chips or surveillance systems are
housed; or
(3) Has authority to sign checks or withdraw
funds from the gaming accounts.
(b) In accordance with RSA 287-D:14, VIII, the
following individuals shall be prohibited from participating in or otherwise
playing the games being offered at a games of chance event:
(1) Individuals
who are participating in the operation of the event, except as allowed by (d)
below or when acting as a proposition player in accordance with (f)-(g) below;
(2) Individuals
who holds the lease to the facility where the event is being held; and
(3) Individuals
who have sold or leased game of chance paraphernalia or related equipment to
the charitable organization for use at the event.
(c) An individual who is actively participating
in the operation of an event may play games with rake being offered at the
event only when the individual:
(1) Has
completed his or her shift; and
(2) Is not
wearing a uniform or badge of the games of chance employer.
(d) Employees or agents of the game operator
employer shall be prohibited from playing pit games or table games that do not
include a rake unless at least one player at the table is not an employee or
agent.
(e) Except as allowed by (f) below, players
financed in whole or in part by the game operator employer, the charitable
organization or agent thereof shall not be permitted to play any games.
(f) Players excluded by (e) above shall include,
but not be limited to:
(1) Shill
players, which refers to individuals employed and financed by the game operator
employer as a player for the purpose of starting and/or maintaining a
sufficient number of players in a card game; and
(2) Stake
players, which refers to individuals financed by the game operator employer to
participated in a game under an agreement or understanding where by such
persons are entitled to retain all or any portion of his or her winnings.
(g) Proposition players may be utilized for the
purposes of starting and/or maintaining a sufficient number of players in a
card game. Proposition players are individuals paid a fixed sum by the game
operator employer for the specific purpose of playing in a card game who uses
his or her own funds and who retains his or her winnings and absorbs his or her
losses.
(h) The following shall apply to the use of
proposition players:
(1) No more
than 3 proposition player may play in a card game;
(2) An
establishment employing proposition players shall identify such players upon
request and display a clear and legible sign in a conspicuous and conveniently
accessible location that is visible from the area where card games are played
that states: “New Hampshire gaming regulations (Lot 7200) allow the use of
proposition players. Proposition players shall be identified by management upon
request.”;
(3) A list of
all proposition players shall be maintained at the game room’s cage and readily
available for inspection upon request;
(4) Persons who
participate in the management or supervision of games subject to this regulation
shall be permitted to act as a proposition player in the establishment where
employed if supervision is otherwise provided;
(5) The game
operator employer shall maintain, in a manner as in the case of all other
employees, employment records on each individual engaged as a proposition
player;
(6) Paycheck
advances shall not be permitted to allow a proposition player to enter a game;
and
(7) Policies regarding the use of proposition players
shall be noted in the game room’s house rules.
Source. (See Revision
Note at chapter heading for Lot 7200) #12839, eff 7-27-19
Lot
7207.02 Operation of a Game of Chance
Event.
(a) When a charitable organization chooses not to
operate the games of chance directly, the organization shall hire a licensed
game operator employer to operate the games on their behalf.
(b) When a
charitable organization chooses to operate the games of chance directly, all
duties and responsibilities of the game operators and game operator employer
fall to the charitable organization.
(c) All persons participating in the operation of
games of chance shall wear an identification badge issued by the commission in
such a manner that is readily visible for inspection by the public.
(d) All licensees
shall take necessary steps to prevent cheating and ensure that the games of
chance are played fairly.
(e) In accordance with RSA 287-D:14, XI, a member
of the sponsoring charitable organization shall:
(1) Be present
and on site at least once per day during the operation of any game of chance;
and
(2) Complete a
“Charitable Organization Member’s Affidavit” form (6/2019) that attests to their presence at the site during
the operation of a game of chance event.
(f) In accordance with RSA 287-D:9, III,
concurrent with the charitable organization, game operator employers who
operate games of chance on behalf of a charitable organization shall be
responsible for all requirements for which the charitable organization is
responsible when a charitable organization operates games of chance itself.
(g) Where game operators are utilized to operate
games of chance, at least one licensed primary game operator shall supervise
and manage all game operations for the entire time the games are being held.
(h) When an employee
is newly hired or is no longer employed by the game operator employer, the game
operator employer shall notify the commission of such within 5 business days.
(i) Except as
provided in (j) below, all monies from games of chance shall be deposited to
and withdrawn from a single account with a financial institution with at least
one branch in New Hampshire, in accordance with RSA 287:6, I(c) and RSA 287:9,
I(e)-II;
(j) The prize
portion of each player-funded promotion shall be deposited in its own, separate
account in accordance with Lot 7207.04(j)(6) below.
Source. (See Revision
Note at chapter heading for Lot 7200) #12839, eff 7-27-19
Lot 7207.03 Documentation to be Displayed in the
Gaming Area.
(a) The charitable organization, or the operator
employer hired to act on behalf of the organization, shall prominently and
conspicuously display at least one copy of the following documents in the immediate area where games of
chance are conducted:
(1) The
organization’s current games of chance license;
(2) The organization’s approved game schedule;
(3) House rules
approved by the commission;
(4) When the
games are held at a licensed facility, a copy of the facility license;
(5) When the
charitable organization operates its own games of chance, a list of all
bonafide members who are authorized to act as game operators;
(6) The games
of chance statute, RSA 287-D;
(7) This
chapter, Lot 7200; and
(8) A binder
containing the approved game procedures for each of the games being offered at
the event.
(b) The charitable organization, or the operator
employer hired to act on behalf of the organization, shall publicly and prominently display the following
information:
(1) The name of
the licensed charitable organization sponsoring the event; and
(2) At each
game table as to be conspicuous to those persons participation in said game:
a. The name of
the game of chance; and
b. The minimum and maximum wagers.
Source. (See Revision
Note at chapter heading for Lot 7200) #12839, eff 7-27-19
Lot
7207.04 Conduct of Games of Chance.
(a) Pursuant to RSA 287-D:14, XVIII, no games of
chance shall be played unless all of the games of chance being offered have
been approved by the commission in accordance with Lot 7206.07 above, and
identified on the game schedule, as
required by Lot 7206.02.
(b) In accordance with RSA 287-D:14, VI, no one
under the age of 18 years shall be admitted to the area where the games of
chance are being conducted, except when the games are being conducted at a
carnival.
(c) Card games shall be conducted in accordance
with the following, in order of priority:
(1) The game
procedures approved by the commission;
(2) The house
rules approved by the commission; and
(3) Rules explained in The New Complete Hoyle: The Authoritative Guide
to the Official Rules of All Popular Games of Skill and Chance, Revised Edition (1991), Poker Tournament Directors
Association’s Recommended Procedures and Illustration Addendum (version 3.0,
October 24, 2017), available as noted in Appendix B, or a similar authoritative
guide on games of chance.
(d) For games with rake, the rake shall be no
less than one dollar and at least one dollar more than the amount contributed
per hand toward a player-funded promotion.
(e) For games or tournaments where chips have no
monetary face value:
(1) The
licensee shall post the location of the game or tournament in the public place
prior to commencing the game or tournament;
(2) The
licensee shall not charge any amounts, by whatever name, other than buy-ins and
re-buys;
(3) Except as
allowed by (4) below, the charitable organization may offer any number of games
per licensed event provided each player is limited to spending up to $150 per
game, including add-ons, buy-ins, and re-buys;
(4) The
charitable organization may offer one game per authorized event where each
player may spend up to $250 for the game, including buy-ins and re-buys;
(5) The prize
shall either be a set prize amount or a percentage of the prize pool;
(6) Prizes
shall not be awarded to more than 50 percent of the players that have
registered and bought into the game or tournament;
(7) The total
amount awarded in prizes shall not exceed 80 percent of the total amount
collected from players; and
(8) At the end
of a game or tournament, any chips held by a player not receiving a prize
shall:
a. Have no
value for any purpose;
b. Not be
traded, bartered, used or exchanged for any purpose whatsoever; and
c. Not be used
for play in any other game or tournament.
(f) Except as allowed by (g) below, no single
wager by a player, on any game of chance, shall exceed the amount of $10.
(g) In
poker where chips have monetary value, play may be conducted under table stakes
rules, as follows:
(1) The amount
of blinds, antes, and any other type of forced bet shall not exceed $10 per
player, but the amount wagered by a player during the play of a hand shall not
be limited except by the amount of chips the player has in his or her
possession at the table;
(2) Players
entering a new game shall not be allowed to possess more than $1,000 in chips;
(3) A player
may purchase up to $1,000 in chips at a time from the cashier area, also known
as the cage;
(4) A player
may purchase up to $150 in chips per hand from the dealer at the table where he
or she is playing provided that the amount of chips being purchased will not
raise the total value of chips in the player’s possession above $1,000, or less
as otherwise specified in the house rules:
(5) When
management moves a player to a new table of the same game and stakes, the
player may bring all of the chips in his or her possession to the new table,
unless otherwise prohibited by house rules;
(6) When a
player is moved to a new table of a different game or stake, the player shall
not be allowed to bring more than $1,000 in chips to the new game.
(7) Once chips
are on the table, the player shall not be permitted to remove chips from his or
her stack, unless the player is concluding play and leaving the table; and
(8) A game
operator shall not require a player to maintain the minimum amount of chips to
continue to play.
(h) For the purposes of paragraph (g) above, a
hand begins when the dealer makes the first shuffle or presses the activation
button on the shuffle machine, and is complete once all wagers have been
concluded on the cards in play, the pot has been awarded, and all cards have
been collected and shuffled.
(i) In accordance with RSA 287-D:14,XV-XVII, all
tournaments shall comply with the following:
(1) A
tournament shall be a single event in which all players begin with the same
number of chips and play until the posted prizes are paid out;
(2) A
tournament may be held over multiple days to accommodate the number of players
as long as the event is operated as a single licensed event, hosted by the same
charitable organization;
(3) When a
player has lost all of his or her chips and is eliminated from the tournament,
the player may buy in again to continue playing until such time as the player
reaches the spending limits set by RSA 287-D:14, XV and XVI;
(4) Prize
payouts shall not exceed 80% of the total amount collected from players, and as
such, a portion of the money collected from players cannot be carried over to
be awarded in a separate event or tournament; and
(5) Funds shall
not be added to the prize pool to enhance the payout if doing so would exceed
the 80% restriction noted in (4) above, and as such, a game operator cannot
subsidize the pot in order to reach a guaranteed prize amount that cannot
otherwise be met using player money.
(j) All player-funded promotions shall comply
with the following:
(1) All funds contributed by players into the
pool shall be returned when won in accordance with posted rules. No commission, or administrative fee shall be
taken from the pool;
(2) All payouts shall be in cash, not cash
equivalent;
(3) For games with rake, the amount contributed
per hand toward a player-funded promotion shall be at least one dollar less
than the rake;
(4) Information about the promotion shall be
prominently displayed in the game room, or made available in writing for patron
review, and include:
a. The
conditions for participating in the promotion;
b. The written game procedures, as set forth in
Lot 7206.07(c)(3); and
c. The current amount
of the pool(s), which shall be updated at least once a day;
(5) All
contributions and payouts for each pool being offered shall be documented to
include the following information:
a. The name of the promotion;
b. The date
corresponding to each contribution or payout;
c. Total
contributions on each given day;
d. The name of
each patron that won the pool, the date won, the dollar amount of the payout,
and, when an individual payout is $600 or more, the signature of the agent
completing the transaction attesting to the disbursement of the payout; and
e. Last running
balance, if applicable;
(6) Promotional
pool contributions shall not be placed in or near the rake circle, in the drop
box, or commingle with other gaming revenue;
(7) A separate
bank account shall be established for each promotional account, and at no time
shall bank fees be deducted from the balance;
(8) All money collected from players shall be
awarded in accordance with approved procedures prior to the termination of any
promotion; and
(9) The game operator employer shall be liable
for the promotional pool. Should the monies be lost or stolen, the game
operator employer shall be responsible for replacing it.
(k) Promotions of any kind shall not be financed
by non-member players, or result in a reduction in the payments otherwise due
to the charitable organization or the commission in accordance with RSA
287-D:19, II(a) and RSA 287-D:20, II.
(l) Wagers shall only be placed in the form of
chips, or the like, or, when electronic gaming tables are used, in the form of
representations of credit.
(m) No licensed charitable organization or game
operator employer shall extend credit to any patron at any time.
(n) The game operator shall collect and store his or her tips in a tip
box or in a clearly designated area of the gaming table.
(o)
Except as allowed by (j)
above, no licensee shall permit side bets between players or other such
activities that involve a participant wagering money or other items of value
against another, when the activity does not provide for some portion of the
proceeds to go to the licensed charitable organization and the state.
(p) The game operator shall establish and comply
with a minimum bankroll to ensure the gaming operation maintains cash or cash
equivalent in an amount sufficient to satisfy obligations to their patrons, the
hosting charitable organizations, and the commission as follows:
(1) The licensee shall determine the minimum
bankroll required by completing the “Minimum Bankroll Analysis” form (6/2019);
(2) The licensee shall conduct a minimum bankroll
analysis prior to the initial opening of the game room and every month
thereafter to determine whether a cash deficiency exists;
(3) The licensee shall submit the results of a
minimum bankroll analysis to the commission:
a.
Prior to opening, each month for the first 3 months subsequent to
opening and, if released from the monthly requirement by the commission,
quarterly thereafter until the first anniversary of the opening;
b.
Upon request by the commission;
c. Upon changes to the games
being offered which materially affect the licensee’s cash requirements;
d. When the licensee’s cash
position materially changes; and
e. Any time available cash or
cash equivalent are less than the amount required by the minimum bankroll
analysis;
(4) At any time cash or
cash equivalents are less than the required amount, the licensee shall take immediate
steps to cure any deficiencies;
(5) The licensee shall maintain evidence of the monthly
computation and supporting documentation, and make such documentation available
for inspection by the commission for 2 years following the applicable bankroll
computation date; and
(6) Any licensee who makes payments of a gaming
award to a patron by check shall report to the commission any payment returned
for non-sufficient funds within 24 hours of receiving actual notice that the
check has not been honored.
(q) The game operator shall immediately notify
the commission in writing of any incidents that take place during a game event
that involve theft, cheating, or similar acts of deception by a player or staff
member, and cooperate with any subsequent investigations conducted by the
commission or local law enforcement.
Source. (See Revision
Note at chapter heading for Lot 7200) #12839, eff 7-27-19
Lot 7207.05 Equipment
Utilized for Games of Chance.
(a) In accordance with RSA 287-D:18, I, when a
licensed charitable organization operates games of chance itself, such games
shall be conducted with equipment that is:
(1) Owned absolutely;
(2) Used without payment or
any compensation therefor by the organization; or
(3) Leased or rented at a
fixed fee only from a dealer of such equipment who has his or her principal place of business in this
state.
(b) In accordance
with RSA 287-D: 18, II, any contract of the rental for equipment shall:
(1) Be independent of any contract for the rental
of a facility; and
(2) Not be contingent upon the organization’s
agreement that it will contract with a particular business for a particular
facility or equipment.
(c) No licensed
charitable organization shall agree to or be required to purchase supplies in
consideration of receiving the use of any equipment, goods or supplies without
charge.
(d)
All equipment
used in the conduct of a game of chance shall:
(1) Be maintained in good repair, and in sound
working condition;
(2) Be used, played and operated so that each player is given an equal opportunity to
win;
(3) Be assistive in nature;
(4) Not allow the player to play against a
machine;
(5) Not be in the nature of a slot machine, as
prohibited by RSA 287-D:1, III;
(6) Not be used to regulate odds, or are
progressive in nature, as prohibited by RSA 287-D:17, II;
(7) Not compromise the fairness or integrity of
the game; and
(8) Not otherwise be prohibited by the laws of
New Hampshire.
(e) In addition to the requirements of (d) above,
all electronic gaming devices, software, and associated equipment used in the conduct of a game of chance shall be
tested by an independent gaming laboratory recognized by the commission, and
found to be in compliance with the following Gaming Laboratories International
(GLI) technical specifications, available as noted in Appendix B, as
applicable:
(1) GLI -11 version 3.0, titled “Gaming Devices in Casino”;
(2) GLI-12 version 2.1, titled "Progressive Devices
in Casino";
(4) GLI-15 version 1.3, titled "Electronic Bingo and
Keno Systems";
(5) GLI-16 version 2.1, titled "Cashless Systems in
Casinos";
(6) GLI-17 version 1.3, titled "Bonus Systems in
Casinos";
(7) GLI-18 version 2.1, titled "Promotional Systems
in Casinos";
(8) GLI-20 version 1.5 "Kiosks";
(9) GLI-21 version 2.2, titled "Client-Server
Systems";
(10) GLI-24 version 1.3, titled "Electronic Table
Game Systems";
(11) GLI-25 version 1.2, titled "Dealer Controlled Electronic Table
Games";
(12) GLI-26 version 2.0, titled "Wireless Gaming
Systems Standards"; and
(13) GLI-28 version 1.0,
titled "Player User Interface Systems".
(f) A game operator shall not permit the
installation or use of an electronic gaming device, software, or associated
equipment unless it has been authorized for use by the commission pursuant to
(g)-(h) below, and is installed in accordance with the terms of that approval.
(g) A game operator seeking authorization for the
use of an electronic gaming device, software, or associated equipment, shall:
(1) Submit the following the documents to the
commission:
a. A written request
for authorization summarizing the gaming features of the device, and
demonstrates the device’s compliance with RSA 287-D and this chapter; and
b. Results of
tests by an independent gaming laboratory recognized in accordance with (j)
below that confirm that the device complies with the requirements of (e) above;
and
(2) Demonstrate the device to the commission upon
request.
(h) The commission shall allow the use of an
electronic gaming device, software, or associated equipment when the device has
been shown to comply with RSA 287-D and this chapter.
(i) Only the specific gaming device, software, or
associated equipment as submitted, reviewed and found to be in compliance per
this section shall be authorized for use. Any modification to a device,
software or associated equipment shall require a separate request and review.
(j) The commission shall recognize the
following independent gaming laboratories:
(1) Gaming Laboratories International (GLI);
(2) Eclipse Compliance Testing;
(3) BMM Testlabs; and
(4) Any independent
gaming laboratory that is able to demonstrate competency and qualifications to
conduct scientific test and evaluations of gaming systems in accordance with (k) below.
(k) An independent gaming laboratory seeking recognition shall providing the following to
the commission:
(1) A sample of approval/certification documentation using software verification or
hardware verifications;
(2) Proof of having tested other electronic gambling equipment; and
(3) Proof of possessing electronic verification equipment or software.
Source. (See Revision
Note at chapter heading for Lot 7200) #12839, eff 7-27-19
Lot 7207.06 Surveillance Requirements.
(a) In accordance with RSA 287-D:15, I,
surveillance of the gaming area shall comply with the following:
(1) A game operator employer conducting games of
chance at a facility that is required to be licensed pursuant to RSA 287-D:7
shall conduct and record at the expense of the game operator employer;
(2) Surveillance shall:
a. Include the customer,
the employee, the game floor, and the surrounding area; and
b. Monitor and
record with sufficient clarity to identify employees and customers in all areas
where currency is counted, verified, sorted, stacked, or stored, including
monitoring and recording all table game drop boxes, safes, and counting
surfaces, and all cashier personnel;
(3) Video surveillance shall:
a. Allow for
the clear, unobstructed views of cashier transactions, table games where cash
wagers are accepted, and the counting of money from storage boxes removed from
a gaming table;
b. Be of
sufficient clarity to identify:
1. Employees and customers;
2. Table numbers;
3. Cash denominations;
4. Card values, including pips, face cards, and
suits;
5. Chip values, and where applicable, the number
of chips in a rack; and
6. Game outcomes; and
c. Be recorded
in color;
(4) The counting surface area shall be
continuously monitored and recorded by a dedicated camera during the count;
(5) Access to
the surveillance equipment shall be limited to management personnel, designated
employees, state regulators, and other persons authorized in accordance with
the surveillance policy;
(6) The game operator
employer shall ensure at least one person at the facility while games of chance
are being conducted is trained in the use of the equipment, knowledge of the
games, and all applicable regulations;
(7) Each camera
required by these rules shall be installed in a manner that will prevent it
from being readily obstructed, tampered with, or disabled by customers or
employees;
(8) Each
malfunction of surveillance system equipment required by the standards in this
section shall be repaired within 72 hours after the malfunction is discovered,
if practicable, provided any such malfunction is be reported to the commission
immediately; and
(9) In the event
of a dedicated camera malfunction, the game operator employer or the
surveillance person shall immediately provide alternative camera coverage or
other security measures.
(b)
In accordance with RSA 287-D:15, II, the surveillance system, at a minimum,
shall:
(1) Have an
auxiliary or backup power source available and capable of providing immediate
restoration of power to all elements of the surveillance system;
(2) Include
date and time generators that possess the capability to display the date and
time of recorded events on all digital recordings. The displayed date and time
shall not significantly obstruct the recorded view;
(3) Utilize
cameras that possess the capability of having a picture displayed on a monitor
and recorded;
(4) Include
sufficient numbers of monitors and recorders to simultaneously display and
record multiple table games and count room activities, and record the views of
all dedicated cameras and motion-activated cameras; and
(5) Record at
30 frames per second or its equivalent.
(c)
As required by RSA 287-D:15, III:
(1) All digital
records of coverage provided by cameras required by this section shall be
retained for a minimum of 45 days except as otherwise provided in this
paragraph;
(2) Recordings
involving suspected or confirmed gaming crimes, unlawful activity, or actions
of investigations by management personnel shall be retained indefinitely until
released by the commission, and a copy of any report and video shall be
forwarded to the commission;
(3) Duly
authenticated copies of digital records shall be provided to the commission
upon request;
(4) Multiple recordings
shall be made to avoid any loss of images in the event of a hardware failure;
(5) A recording
library log shall be maintained to demonstrate compliance with the storage,
identification, and retention standards required in this section; and
(6) Except when
provided a written notice by the commission requesting the records to be
retained as part of an ongoing investigation, all recordings may be destroyed
after a period of 45 days.
(d) Pursuant to RSA 287-D:15, III(g), any local
or state agency seeking to impose additional security requirements on a
licensed game operator or facility shall submit a written description what
additional security is being sought, and the reason additional security is
warranted.
(e) The commission shall approve any requests
submitted in accordance with (d) above that demonstrate that the absence of
such additional security will negatively affect public safety.
Source. (See Revision
Note at chapter heading for Lot 7200) #12839, eff 7-27-19
PART Lot 7208
FINANCIAL RECORDKEEPING, REPORTING AND PAYMENTS
Lot
7208.01 Recordkeeping Requirements.
(a) In accordance with RSA 287-D:22, VI, a
charitable organization, or the game operator employer hired to act on behalf
of the 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.
(b) The records required by (a) above shall include,
at a minimum, the following information:
(1) Policy and procedure manuals governing gaming
activities, procedures related to the operation of a game, including play,
surveillance, security, revenue collection, and accounting for, reporting, and
auditing the results produced;
(2)
Documentation of information technology procedures and controls,
including monitoring systems for security incidents, data back-up, and
maintenance of systems to ensure integrity of games, including copies of
written manuals for surveillance systems, gaming computer programs, and
accounting programs;
(3) Copies of
all financial records including:
a. A formal bookkeeping system that records all receipts and
expenditures in connection with the conduct of games of chance and the
disbursement of net proceeds derived therefrom;
b. All supporting documentation related to the
bookkeeping record required in a. above for all games of chance, including:
1. All bank statements, check registers, and
reconciliations for games of chance bank accounts;
2. Bank deposit slips and canceled checks or
copies of checks for games of chance bank accounts;
3. All invoices and receipts for all games of
chance related purchases; and
4. Canceled checks, or other backup
documentation, such as confirmation of an electronic transfer, for the payment
of expenses and prizes; and
c. Financial
reports submitted to the commission;
(4) A detailed
list of manufacturers and distributers and the type of gaming equipment
purchased from each, as required by RSA 287-E:14, XXII;
(5) A record of
work schedules and table assignments for all persons that participated in the
operation of a game of chance, including:
a. The
individuals’ names, addresses, and phone numbers;
b. The date,
time and location of each game that the individual participated in, including
sign-in sheets and time cards, if applicable; and
c. The type of
participation the individual had in the game on each game date;
(6) Copies of
documentation related to the operation of games of chance, including:
a. Pre-numbered
3-part, table credit and fill slips;
b. Pit game
table reconciliation sheets;
c. Cash poker
table reconciliation sheets;
d. Cage
accountability form summarizing daily cage activities;
e. Cage
inventory count sheets supported by employee signatures;
f. Inventory
transfer to and from cage documentation sheets;
g. Chip
inventory documentation forms, including purchase, receipt, balances on hand,
storage, and destruction;
h. Tournament
sign-in or registration sheets, buy-in, re-buy, and add-on documentation slips;
i. Tournament
reconciliation sheets; and
j.
Documentation for all prize and promotional payouts;
(7)
Documentation of the calculation of charity allocation and state tax;
(8) All written
contracts, agreements, leases, rental agreements, or any other statement of
understanding regarding the operation of games of chance; and
(9) An
organization chart listing titles, roles, and responsibilities.
(c) In accordance with RSA 287-E:22, V, all
records pertaining to the games of chance shall be maintained by:
(1) The
treasurer of the charitable organization or other duly authorized director,
officer, or official of the charitable organization; and .
(2) When
applicable, the game operator employer hired to act on behalf of the
organization.
(d) The licensee shall make all records required
by (a)-(b) above available upon request to the commission, the attorney
general, or the chief of police where games of change are held.
(e) All licensees shall create, prepare and
maintain accurate and reliable business and accounting records that are secured
from theft, loss, or destruction.
Source. (See Revision
Note at chapter heading for Lot 7200) #12839, eff 7-27-19
Lot
7208.02 Financial Reporting
Requirements.
(a) Pursuant to RSA 287-D:22, I(a), the
charitable organization, or the game operator employer hired to conduct the
games of chance on its behalf, shall submit a “Games of Chance Monthly
Financial Report” form (6/2019) and all applicable “Games of Chance - Charitable Organization Member’s Affidavit” forms
(6/2019) to the commission within 15 days of the end of each month
during which a game of chance was held.
(b) Pursuant to RSA 287-D:22, I, the report
required in (a) above shall be completed and submitted by either:
(1) The
treasurer of the charitable organization or a duly authorized officer,
director, or official who certifies such accounting under oath; or
(2) The
licensed primary game operator under contract to conduct games of chance on
behalf of the charitable organization.
(c) Except as required by (d) below, when a
charitable organization hires a game operator employer to conduct the games of
chance on its behalf, the game operator employer shall provide the charitable
organization with the following within 15 days of the end of the month during
which the games of chance were held:
(1) A copy of
the financial report submitted to the commission on the organization’s behalf;
and
(2) The
charitable organization’s portion of the revenue earned for the month being
reported.
(d) When a charitable organization hires a game
operator employer to conduct the games of chance on its behalf, but the
organization choses to complete and submit its own financial reports, the game
operator employer shall provide the charitable organization with the following
within 5 business days of the last game date played in the given month:
(1) A copy of
the financial records necessary to complete the financial report; and
(2) The
charitable organization’s portion of the revenue earned for month being
reported.
(e) If the charitable organization does not
receive the financial information within 5 business days of each game date, as
required by (d) above, the charitable organization shall immediately notify the
commission in writing.
(f) In accordance with RSA 287-D:19, II(a), no
charitable organization shall receive less than 35 percent of the gross
revenues from any games of chance minus any prizes paid and rental charges.
(g) Per RSA 287-D:19, II(d), under no circumstances
shall a charitable organization sustain any loss from games of chance, such
that its share of gross revenues after prizes and rent are paid is less than
zero dollars during a license period with a single game operator. In other
words, if 35% of the net revenue is less than the rental fee, the game operator
employer shall not charge more in rent than what the charity earned in net
revenue.
(h) Pursuant to RSA 287-D:22, II(c), when the
charitable organization conducts its own games of chance, the organization
shall include, with its monthly financial report, the names and address of the
members who participated in the operation of the games of chance event.
(i) For each player-funded promotion offered
during the reported month, the following documentation shall be submitted with
the monthly financial report:
(1) A copy of
the bank statements for each pool; and
(2) A copy of
the documentation required by Lot 7207.04(j)(4) for each pool.
(j) The functions of
bookkeeper and duly authorized signer of checks shall not be performed by the
same person.
(k) The treasurer of the charitable organization or a bona fide member of the
charitable organization designated by the treasurer shall be in full charge of,
and primarily responsible for, the proper utilization of all monies derived
from the conduct of games of chance.
Source. (See Revision
Note at chapter heading for Lot 7200) #12839, eff 7-27-19
Lot 7208.03 State
Revenue Payments to the State Treasurer.
(a) Pursuant to
RSA 287-D:20, charitable organization, or the game operator employer hired to
act on the organization’s behalf, shall submit state revenue payments to the
commission as follows:
(1) In games
where chips have no monetary value, a payment equal to 3 percent of all funds
collected from players, including but
not limited to buy-ins and re-buys, per game date; and
(2) In games
where chips have monetary value, a payment equal to 10 percent of the rake or
house winnings and other moneys collected, including but not limited to buy-ins and re-buys, that are not
paid out as prizes to players.
(b) Payments
required by (a) above shall be:
(1) Made once
per month, no later than the 15th day of the month for the funds collected in
the previous month, and submitted with the “Games of Chance Monthly Financial
Report” form (6/2019) completed for the same time period;
(2) In an amount of no less than zero; and
(3) Paid by check.
Source. (See Revision
Note at chapter heading for Lot 7200) #12839, eff 7-27-19
PART Lot 7209
PENALTIES
Lot 7209.01 Penalties.
(a) Pursuant to RSA 287-D:23, III, VIII, and IX,
disciplinary measures available to sanction misconduct
shall include:
(1) Imposition
of an administrative order or fine;
(2) Suspension
of a license for a period of up to one year; and
(3) Revocation
of a license.
(b) Other than the immediate suspension of a
license, the commission shall impose disciplinary sanctions only:
(1) After prior
notice to the licensee and the opportunity for him or her to be heard per the
requirements of RSA 541-A:31, II; or
(2) By agreement
in a settlement between the commission and the licensee made pursuant to Lot
200.
(c) The commission shall provide all notices and
conduct all hearings in accordance with the requirements set forth in RSA
541-A, Lot 200, and this part, as applicable.
(d) Prior to taking adjudicative action, the
commission shall send to the applicant, licensee, or person practicing without
a license a written notice, which states:
(1) The intended action;
(2) The reason(s) for the intended action;
(3) The right
to request an administrative appeal; and
(4) In the case of a notice of suspension,
notification that if the deficiencies are
not corrected within the specified time, the license shall be deemed revoked.
(e) The commission shall apply the following
factors to determine which sanction or combination of sanctions
to impose:
(1) The
seriousness of the offense;
(2) Prior
disciplinary record(s);
(3) Previous
and subsequent patterns of conduct;
(4)
Acknowledgment of his or her wrongdoing;
(5) Willingness
to cooperate with the commission;
(6) Action
taken to correct the problem;
(7) The purpose
of the rule or statute that was violated;
(8) The potential
harm to public health, safety and welfare; and
(9) The nature
and extent of the enforcement activities required of the commission as a result
of the offense.
(f) The commission shall select appropriate
sanction(s) by choosing the sanction(s) most likely to:
(1) Protect public health,
safety or welfare;
(2) Prevent future misconduct;
(3) Correct the attitudinal,
educational, or other deficiencies which led to the misconduct;
(4) Encourage the responsible
practices of operating a charitable gaming event; and
(5) Ensure the integrity of
charitable gaming in New Hampshire.
Source. (See Revision Note
at chapter heading for Lot 7200) #12839, eff 7-27-19
Lot
7209.02 Administrative Fines.
(a) Pursuant to RSA 287-D:23, IX, when the
commission imposes an administrative fine upon a person or entity for a
violation of RSA 287-D or this chapter, the order shall be scaled to reflect
the scope of the violation for each offense.
(b) In accordance with RSA 287-D:23, IX, any
administrative fine imposed under this section shall not preclude the
imposition of further penalties or administrative actions under RSA 287-D, or
this chapter.
(c) For the purposes of this section, a “minor
violation” means conduct, action, or failure to act by any person, entity,
applicant, or licensee individual, or entity that was not:
(1) Of a
nature, quality, or extent to affect or potentially affect the integrity of the
charitable game(s) being conducted;
(2) Of a
nature, quality, or extent to cause or potentially cause harm to the interest of
the state or the charitable organization;
(3) A knowing,
willful, or intentional violation;
(4) A violation
that is chronic or part of a continuing pattern or practice of the licensee;
(5) An
indication of a recalcitrant violator or one that has engaged in a pattern of
neglect or disregard with respect to applicable regulatory requirements;
(6) An act that
enabled the violator to benefit economically from the noncompliance; or
(7) Intended to
hinder the ability of the commission to determine compliance with any other
applicable local, state or federal regulation, information request, order or
other requirement.
(d) Minor violations shall include, but not be
limited to:
(1) Failing to
wear a properly issued identification badge, as required by Lot 7207.02(c);
(2) Failing to
prominently display documents, as required by Lot 7207.03(a);
(3) Failing to
post a diagram at each table where the games of chance are going played
indicating the type of game being played, the bet amount, the buy-in amount,
and the re-buy amounts, as applicable; or
(4) Failing to
publicly display the name of the licensed charitable organization sponsoring
the event.
(e) The commission shall impose a fine of no less
than $25, and no more than $500, per minor violation committed by any person,
entity, applicant, or licensee.
(f) For the purposes of this section, a “moderate
violation” means conduct, action, or failure to act by any person, entity,
applicant, or licensee that exceeds the strict definition of a minor violation,
as defined in (e) above, but do not meet the level of severity of a major
violation, as defined in (i) below.
(g) Moderate violations shall include, but not be
limited to:
(1) Failing to submit any reports by the due
date. Each different type of report or record requested but not provided shall
constitute a separate violation subject to a separate fine;
(2) Operating a
game not specifically listed on the game schedule, or on a different date than
indicated on the license without approval of the commission;
(3) Operating games in a manner that differs from
the house rules approved by the commission;
(4) A charitable organization member’s failure to
be present and on site at least once per day during the operation of the games
of chance, as required by RSA 287-D:14, XI; or
(5) Committing 3 or more minor violations within
2 years.
(h) The commission shall impose a fine of no less
than $250, and no more than $1,500, per moderate violation committed by any
person, entity, applicant or licensee.
(i) A “major violation” means conduct, action or
failure to act by any person, entity, applicant, or licensee that is:
(1) Of a
nature, quality, or extent to effect or potentially affect the integrity of the
charitable game(s) being conducted;
(2) Of a nature,
quality or extent to cause or potentially cause harm to the interest of the
state or the charitable organization;
(3) A knowing,
willful, or intentional violation;
(4) A violation
that is chronic or part of a continuing pattern or practice of the licensee;
(5) An
indication of a recalcitrant violator or one that has engaged in a pattern of
neglect or disregard with respect to applicable regulatory requirements;
(6) An act that
enabled the violator to benefit economically from the noncompliance; or
(7) Intended to
hinder the ability of the commission to determine compliance with any other
applicable local, state or federal regulation, information request, order or
other requirement.
(j) Major violations shall include, but not be
limited to:
(1) Establishing, maintaining, operating, or
otherwise offering games of chance without a license, or with a suspended
license;
(2) Sponsoring a game of chance with a game
operator who is not licensed;
(3) Falsifying a games of chance license;
(4) Knowingly operating a game of chance without
a representative for the charitable organization present as required by RSA
287-D:14, XI;
(5) Operating a game in a manner that tends to
deceive the public or affect the chances of winning or losing, including the
use of equipment that has been altered or tampered with;
(6) Failing to develop, implement, or adhere to
written internal control policies and procedures as required by Lot 7206.08;
(7) Failing to make available any records
required by the commission for investigation, monitoring or licensing purposes,
as required by Lot 7208.01(d);
(8) Furnishing or making false or misleading
statements or reports to the commission, or directing, requiring, or knowingly
allowing another member or personnel of the organization or entity to furnish
or make false or misleading statements or report to the commission;
(9) Failing to cooperate during any visit
authorized under RSA 287-E or this chapter; or
(10) Committing 5 or more minor violations or 3 or
more moderate violations within 2 years.
(k) The commission shall impose a fine of no less
than $1,000, and no more than $5,000 per violation of each major violation
committed by any person, entity, applicant or licensee.
(l) In determining the actual amount of a fine,
the commission shall consider:
(1) The
following factors:
a. The degree
of non-compliance;
b. Prior history
of violations of the same or similar nature;
c. The
consequences of the violation, including the economic impact to the state and
other affected parties;
d. The nature
and persistence of the violation;
e. The extent
of any remedial or corrective action taken;
f. The good or
bad faith exhibited by the cited individual(s);
g. Evidence
that the violation was willful;
h. The extent to
which the individual cooperated with the board's investigation;
i. The cost of
any investigation or hearing conducted by the commission;
j. The
licensee’s ability to pay a fine assessed by the commission; and
k. Any other
mitigating or aggravating factors; and
(2) The
likelihood that the amount of the fine will result in:
a. Protecting
public health, safety or welfare;
b. Preventing
of future misconduct;
c. Correcting the attitudinal, educational, or other
deficiencies which led to the misconduct;
d. Encouraging
responsible practices of operating a charitable gaming event; and
e. Ensuring the
integrity of charitable gaming in New Hampshire.
(m) Except as otherwise noted, the penalties prescribed
in (c)-(l) above shall be imposed for each day that the person, entity,
applicant, or licensee is not in compliance, beginning with the date that the
notification under Lot 7209.01(d) above is issued and continuing for each day
of non-compliance, or until the date of compliance.
(n) Payment of any imposed administrative fine to the commission
shall meet the following requirements:
(1) If the recipient of a notice described in Lot
7209.01(d) above waives or is deemed to have waived his or her right to an
adjudicative hearing, the respondent shall pay the fine by the date specified
in the notice, which shall not be less than 25 days from the date of the notice
of the proposed fine;
(2) If an adjudicative hearing is conducted and
the commission’s decision to assess a fine is upheld, the fine shall be due and
payable within 10 calendar days of the date of the decision, or such longer
time period as is specified in the decision;
(3) Payment shall be made in the form of personal
check or money order which is made payable to “Treasurer, State of New
Hampshire,” or cash in the exact amount due;
(4) Any payment submitted to the treasury department
in the form of a check or money order and returned to the state for any reason
shall be processed in accordance with RSA 6:11-a; and
(5) Cash, money order, or certified check shall
be required when any past payment to the commission by personal check has been
returned for insufficient funds.
(o) Nonpayment of a fine by a licensee or
respondent in contravention of an order, agreement, or promise to pay, shall be
a separate ground for discipline by the commission, a basis for denying a
subsequent license, and a basis for judicial action seeking to collect the
fine.
(p) If a licensee or respondent fails to pay a
fine in accordance with (n) above, the fine shall be $100, plus an additional
fine of $50.00 per day for each day for which the commission does not receive
payment in full.
(q) If a licensee corrects and then subsequently
repeats a violation for which a fine was previously issued in accordance with
(c)-(p) above, the fine shall be increased by the amount of the original fine
such that, for example, an original fine of $100 shall become $200 for the
first time the offense is repeated, $300 for the second time the offense is
repeated, $400 for the third time the offense is repeated, and so on.
Source. (See Revision
Note at chapter heading for Lot 7200) #12839, eff 7-27-19
Lot
7209.03 Suspensions, Revocations, and Refusals to
Renew a License.
(a) Except as provided in (f) below, the following violations shall be
considered grounds for revocation of a license:
(1) Failure
to comply with the conditions of the license or this chapter, such as a
charitable organization’s failure to maintain federal tax exempt status;
(2)
Failure to take corrective action following the suspension of a license;
(3) An
inability or unwillingness to comply with RSA 287-D or this chapter, as
demonstrated by a pattern of violations;
(4) Failure to comply with the
requirements set for in this chapter or any commission order to submit records,
bank statements, or any other paraphernalia associated with the operation of
games of chance;
(5) Providing false information to the
commission, including willfully and knowingly making false statements or
making false entries in any books or records with respect to any transaction
connected with the holding, operating, and conducting of any games of chance
event;
(6) Failure to remit any license fees or other
amounts due to the state;
(7) Hindering or obstructing an authorized representative
of the commission in the performance of official duties, such as refusing to
access to the premises, or failing to produce any books, records or documents
for review;
(8) Failure to comply with the terms and
conditions of an administrative order issued by the commission in accordance with
RSA 287-D:23, VIII;
(9) Failing to pay any administrative, civil, or
criminal penalties owed to the commission;
(10) Any conduct by the licensee that undermines
the public confidence in charitable gaming or serves the interest of organized
gambling or crime and criminals in any manner;
(11) Manipulating
the outcome of any game or otherwise compromising the integrity of the game;
(12) Participating
in illegal activities including possessing illegal gambling equipment, or
permitting illegal gambling in the premises;
(13) Willfully and knowingly conducting business
with unauthorized entities;
(14) Any material violation of RSA 287-D, as it
applies to games of chance, or this chapter; or
(15) Operating without a valid gaming license in
any state or commonwealth in the United States.
(b) Upon the effective date of the revocation,
the licensee shall immediately cease holding itself out to the public as a
licensee of the commission, and cease engaging in any act for which licensing
is required.
(c) Failure to comply with (b) above shall
constitute separate grounds for further disciplinary action.
(d) Pursuant to RSA 287-D:23, III, any licensee whose
license is revoked shall be ineligible for licensure for a period of one year
from the date of revocation.
(e) If a license has been revoked, the commission
shall not issue a subsequent license until:
(1) The passage
of the amount of time specified in the revocation order;
(2) The
licensee submits an application in accordance with this chapter;
(3) The
licensee demonstrates that the cause for revocation no longer exists; and
(4) The
licensee demonstrates that any corrective actions that were ordered by the
commission have been fully implemented.
(f) Grounds for a
suspension shall exist when, one or more violations are grounds for license revocation, as set forth in (a)
above, but the licensee did not act with the intent to deceive, and the
deficiencies can be corrected to conform to applicable requirements.
(g) Upon the effective date of the suspension,
the licensee shall immediately cease engaging in any act for which a license is
required until the commission grants reinstatement pursuant to (j) below.
(h) Failure to comply with (g) above, shall
constitute separate grounds for further disciplinary action.
(i) The minimum period for suspension shall be
that amount of time necessary for the licensee to take corrective action ordered
by the commission and return to compliance.
(j) The commission shall reinstate a suspended
license when:
(1) The licensee submits to the commission a written
request for the license to be reinstated with documentation demonstrating that
all of the corrective actions ordered by the commission have been taken; and
(2) The
commission determines that all corrective actions have, in fact, been taken and
the licensee has returned to compliance.
(k) If the commission does not grant the request for reinstatement it shall
so notify the petitioner and provide the opportunity for a hearing.
(l) A suspension
shall have no effect upon the expiration of a license.
(m) If, after receiving a request for a license,
the commission has information that indicates that a reason, as set forth in (a) above, exists to refuse the
request, the commission shall inform the licensee of the information and offer
an opportunity for the licensee to respond to the information prior to a
decision being made on the application.
(n) The commission
shall not issue a license until such time as the reason(s) for the refusal have
been corrected.
Source. (See Revision
Note at chapter heading for Lot 7200) #12839, eff 7-27-19
Lot 7209.04 Immediate License Suspension.
(a) When the commission receives information indicating that a licensee has
engaged in supplying false or inaccurate information or has engaged in
misconduct that poses an immediate danger to the public’s welfare, the
commission shall issue an order pursuant to RSA 541-A:30, III, that sets forth
the alleged misconduct and immediately suspends the license for up to 10
working days pending commencement of an adjudicatory proceeding. If commenced within 10 working days, the suspension
shall continue until there is a decision in the proceeding.
(b) Suspension
orders under this section shall include the notice of hearing pursuant to Lot
200.
(c) No hearing date established in a proceeding
conducted under this section shall be postponed at the request of the licensee unless the licensee also
agrees to continue the suspension period pending issuance of the commission's
final decision.
Source. (See Revision
Note at chapter heading for Lot 7200) #12839, eff 7-27-19
Lot
7209.05 Appealing a Decision.
(a)
Any person aggrieved by the commission’s decision to take punitive
action as described in this part may appeal the decision by submitting a
request for an administrative hearing in accordance with (b) below.
(b) Within 15 days of the date on the notice
issued pursuant to (a) above, the recipient of the notice shall submit a
written response to the commission that indicates that the recipient either:
(1) Waives
their right to an adjudicative hearing; or
(2) Requests an
adjudicative hearing.
(c) If the
commission receives a written request for an adjudicative hearing in accordance
with (b) above, the commission shall proceed in accordance with the provisions
of RSA 541-A, and Sw 200 as they apply to adjudicative proceedings.
(d) If
a recipient of a notice fails to submit a response in accordance with (b)
above, the recipient will be deemed to have waived the right to an adjudicative
hearing, and the penalty will be affirmed.
(e) If a recipient of a notice requests a hearing
in writing no action shall be imposed on the individual pending the completion
of an adjudicative process conducted in accordance with RSA 541-A:31 through
36, and Lot 200.
(f) If any
participant who receives notice of an adjudicative hearing fails to appear at
the hearing, the hearings officer shall hear the evidence and testimony of the
participant(s) attending the hearing and render an opinion based thereon.
Source. (See Revision
Note at chapter heading for Lot 7200) #12839, eff 7-27-19
Lot 7209.06 Rehearings.
(a) Except as provided in (b) below, within 30
days after any order or decision has been made by the commission, any party to the action or proceeding
before the commission, or any person directly affected thereby, may apply for a
rehearing in respect to any matter determined in the action or proceeding, or
covered or included in the order.
(b) Pursuant to RSA 287-D:24, any person
aggrieved by a decision of the commission may appeal the decision by requesting a rehearing within 15 business days from the date of the
decision. Rehearings
and appeals shall be governed by RSA 541.
(c) In accordance
with RSA 541:4, such motion shall set forth fully every ground upon which it is
claimed that the decision or order complained of is unlawful or unreasonable.
(d) In accordance with
RSA 541:5, upon the filing of such motion
for rehearing, the commission shall within 10 days either grant or deny the
same, or suspend the order or decision complained of pending further
consideration, and any order of
suspension shall be upon such terms and conditions as the commission shall
prescribe.
(e) Pursuant to RSA 541:3 and RSA 541:4, the
commission shall grant a rehearing when the party states good reason for such
relief and demonstrates that a decision is unlawful or unreasonable. Good reason may be shown by identifying
specific matters that were overlooked or mistakenly conceived by the deciding
tribunal, or by identifying new evidence that could not have been presented in
the underlying proceeding. A motion for
rehearing that does not meet these standards shall be denied.
(f)
In accordance with RSA 541:6, within 30 days after the motion for a
rehearing is denied, or, if the motion is granted,
then within 30 days after the decision of such hearing, the moving party may
appeal by petition to the supreme court.
Source. (See Revision
Note at chapter heading for Lot 7200) #12839, eff 7-27-19
Lot 7209.07 Subpoenas.
(a)
In accordance with RSA 287-D:25, the commission shall, pursuant to
(b) below, issue subpoenas for witnesses and for documents relative to
investigations or adjudicatory hearings held by the commission.
(b) The
commission shall issue a subpoena for the attendance of witnesses or the
production of evidence upon a showing that:
(1) The
testimony or evidence is necessary, relevant and non-repetitive; and
(2) The witness
or evidence cannot be voluntarily obtained.
Source. (See Revision
Note at chapter heading for Lot 7200) #12839, eff 7-27-19
Lot
7209.08 Criminal
Penalties. In addition to the
penalties described in this chapter, licensees shall also be subject to the criminal penalties set forth in RSA 287-D:23, a
copy of which is included in Appendix C.
Source. (See Revision
Note at chapter heading for Lot 7200) #12839, eff 7-27-19
PART Lot 7210
WAIVER OF RULES
Lot
7210.01 Requesting a Waiver of Rules.
(a) A person may request the commission to grant
a waiver from the application of a rule provided the requirements of this
section are met.
(b) A request for a waiver shall:
(1) Be in
writing;
(2) Include the specific reference to the rule(s) by number for which a waiver is being sought;
(3) Explain
the fact which the person relies upon to support the request for a waiver
including:
a. Why a waiver is necessary;
b. The alternatives proposed by the requestor;
and
c. Why the requestor believes that the waiver
being requested meets the criteria in (c) below; and
(4) Specify the period of time for which the
waiver is sought.
(c) The commission shall grant the waiver if:
(1) The purpose of the rule would
be satisfied by the alternative method proposed;
(2) The waiver
does not result in any material prejudices; and
(3) Granting
the waiver does not conflict with any applicable statute.
(d) The commission shall render a decision to
grant or deny the request for a waiver within 45 days of the filing of the
request.
(e) The commission shall notify the person in
writing within 10 days of the decision to grant or deny the request in writing.
(f)
The applicant or licensee’s subsequent compliance with the alternatives
approved in the waiver shall be considered equivalent to
complying with the rule from which waiver was sought.
(g)
Waivers shall not be transferable.
(h)
When a licensee wishes to renew the waiver, the licensee shall apply for
a new waiver by submitting the information required by (a) above.
(i)
The request to renew a waiver shall be subject to (b) through (e) above.
Source. (See Revision
Note at chapter heading for Lot 7200) #12839, eff 7-27-19
APPENDIX A
Rule |
Specific
State Statute the Rule Implements |
|
|
Lot 7201 |
RSA 287-D:3, XVII |
Lot 7202 |
RSA 287-D:1, V; RSA 287-D:3, XVII; and |
Lot 7203 |
RSA 287-D:3, I-IV, X, XIII, and XIV; RSA 287-D:5-10;
RSA 287-D:13 |
Lot 7204 |
RSA 287-D:3, X; RSA 287-D:11-12 and 28 CFR 16.34 |
Lot 7205 |
RSA 287-D:3, I-IV, X, XIII, and XIV; RSA 287-D:5-10 |
Lot 7206 |
RSA 287-D: 3, VI and VIII; RSA 287-D:6, IV; |
Lot 7207 |
RSA 287-D: 3, VI and VIII; RSA 287-D:6, IV; |
Lot 7208 |
RSA 287-D:3, VIII; RSA 287-D:20; RSA 287-D:22 |
Lot 7209 |
RSA 287-D:3, V, VI, VIII, IX, XI, XII, & XVII; and |
Lot 7210 |
RSA 287-D:3, XVII |
APPENDIX B
Rule |
Title |
Publisher;
How to Obtain; and Cost |
Lot 7206.07(g)(5) Lot 7207.03(c)(3) |
The New Complete Hoyle: The Authoritative Guide to the
Official Rules of All Popular Games of Skill and Chance Revised Edition
(1991) |
Published by Doubleday, February 1991. ISBN: 0385249624,
9780385249621 This book is
available through booksellers, including Amazon. Used copies are available
from Amazon for less than $2.00. |
Lot 7206.07(g)(5) Lot 7207.03(c)(3) |
Poker Tournament Directors Association’s Recommended
Procedures and Illustration Addendum (version 3.0, October 24, 2017) |
Rules can be downloaded from the Poker Tournament Directors Association
website at: http://www.pokertda.com/poker-tda-rules/ |
Lot 7207.04(e)(1) |
Technical
specifications can be downloaded from Gaming Laboratories International (GLI)
website at: https://gaminglabs.com/gli-standards/ |
|
Lot 7207.04(e)(2) |
See above |
|
Lot 7207.04(e)(3) |
See above |
|
Lot 7207.04(e)(4) |
GLI-15 version 1.3, titled "Electronic Bingo
and Keno Systems" |
See above |
See above |
See above |
See above |
Lot 7207.04(e)(6) |
See above |
|
Lot 7207.04(e)(7) |
See above |
|
Lot 7207.04(e)(8) |
See above |
|
Lot 7207.04(e)(9) |
See above |
|
Lot 7207.04(e)(10) |
See above |
|
Lot 7207.04(e)(11) |
GLI-25 version 1.2, titled "Dealer Controlled
Electronic Table Games" |
See above |
Lot 7207.04(e)(12) |
GLI-26 version 2.0, titled "Wireless Gaming
Systems Standards" |
See above |
Lot 7207.04(e)(13) |
See above |
APPENDIX C
Section
287-D:23
287-D:23 Penalties. –
I. In addition to any other penalties provided by law, any person who violates
RSA 287-D shall be guilty of a misdemeanor if a natural person, or guilty of a
felony if any other person.
II. Each day on which a game of chance is played in violation of RSA 287-D
shall constitute a separate offense.
III. The lottery commission may suspend or revoke the license of any licensee
who violates any provision of this chapter or for just cause shown. Any
licensee whose license is revoked shall not be eligible for licensure for a
period of up to one year from the date of revocation.
IV. (a) Any person who purposely or knowingly makes a false entry in any report
required under this chapter which results in a reduction of revenues due to a
charitable organization shall be guilty of a class A felony.
(b) Any person who recklessly or negligently makes a false entry on any report
required under this chapter which results in a reduction of revenues due to a
charitable organization shall be guilty of a class A misdemeanor.
(c) Any game operator employer or game operator who fails to remit to a
charitable organization all revenues due under this chapter shall be guilty of
a class A felony.
V. Any game operator employer or game operator who fails to pay the charitable
organization all moneys required by this chapter shall be guilty of a class B
felony for any amount less than $500, and a class A felony for any amount equal
to or greater than $500.
VI. Any person who violates any provision of RSA 637 in a manner that deprives
the charitable organization of any moneys required by this chapter,
notwithstanding the penalties set forth in RSA 637:11, shall be guilty of a
class B felony for any amount less than $500, and a class A felony for any
amount equal to or greater than $500.
VII. In addition to any other penalty imposed under this chapter, a charitable
organization that suffers a loss caused by the violation of any provision of
this chapter may bring a civil action for actual damages suffered. If the court
finds that the violation was committed purposefully or knowingly, it shall
award enhanced compensatory damages of not less than 2 times the amount of
actual damages suffered, and may award up to 3 times the amount of actual
damages suffered. In any civil action, the prevailing party shall be awarded
court costs and reasonable attorney's fees. No waiver of the provisions of this
paragraph shall be enforceable.
VIII. The lottery commission may issue an order requiring any person or
organization to comply with this chapter or any rule adopted pursuant to this
chapter, and may require such remedial measures as may be necessary.
IX. The lottery commission may impose an administrative fine scaled to reflect
a violator's prior history of noncompliance with laws pertaining to games of
chance and the scope and severity of the violation, after notice and hearing,
pursuant to rules adopted under RSA 541-A, for any violation of this chapter,
any rule adopted under this chapter, any license issued pursuant to this
chapter, or any order issued pursuant to this chapter, or upon any person who
makes or certifies to a material false statement relative to any application or
report required by this chapter. In determining the amount of a fine, the
lottery commission may take into consideration all relevant circumstances,
including: the degree of noncompliance, the extent of harm caused by the
violation, the nature and persistence of the violation, the time and cost
associated with the investigation by the state, and the economic impact of the
violation on the state or the charitable organization conducting or sponsoring
the game. No administrative fine imposed under this paragraph shall preclude
the imposition of other penalties as provided by law. Rehearings and appeals
from a decision of the lottery commission under this paragraph shall comply
with RSA 541. Fines imposed by the lottery commission shall be as follows:
(a) The fine for a minor violation shall be not less than $25 and not more than
$500 per violation. A minor violation shall be one where the lottery commission
determines that the potential for harm to the interests of the state and the
charitable organization, as well as the integrity of charitable gaming is minor
and may include, but is not limited to, the failure of a game operator, a game
operator employer, charitable organization, or charitable organization member
to:
(1) Wear a properly issued badge;
(2) Post 2 copies of the laws and rules;
(3) Have a diagram available for each table where games of chance are being
played indicating the type of game being played, the bet amount, the buy-in
amount, and the re-buy amounts as applicable; or
(4) Publicly display the name of the charitable organization.
(b) The fine for a moderate violation shall be not less than $250 and not more
than $1,500 per violation. A moderate violation shall be one where the lottery
commission determines that the potential for harm to the interests of the state
and the charitable organization, as well as the integrity of charitable gaming
is moderate and may include, but is not limited to, a game operator, game
operator employer, charitable organization, or charitable organization member:
(1) Filing a late financial report;
(2) Operating a game not specifically listed on the game schedule;
(3) Operating a game on a different date than licensed without approval of the
lottery commission;
(4) Committing 3 or more minor violations within 2 years; or
(5) Knowingly operating a game of chance without a representative of the
charitable organization present as specified in RSA 287-D:14, XI.
(c) The fine for a major violation shall be not less than $1,000 and not more
than $5,000 per violation. A major violation shall be one where the lottery
commission determines that the potential for harm to the interests of the state
and the charitable organization, as well as the integrity of charitable gaming
is major and shall include, but is not limited to, a game operator, game
operator employer, charitable organization, or charitable organization member:
(1) Operating a game of chance without a license;
(2) Operating a game of chance without having the personnel or officials
required;
(3) Purposely operating a game of chance without a representative of the
charitable organization present as specified in RSA 287-D:14, XI;
(4) Operating a game of chance with game operators who are not licensed;
(5) Failing to establish or maintain a New Hampshire bank account; or
(6) Committing 5 or more minor violations or 3 or more moderate violations
within 2 years.
(d) The lottery commission may suspend any part of a fine for just cause.
X. All fines imposed by the lottery commission shall be deposited in the
special fund established pursuant to RSA 284:21-j.
Source. 2014, 329:1. 2015, 276:127,
eff. July 1, 2015