CHAPTER Pari 1000 BINGO GAMES
Statutory Authority: RSA
287-E:3
REVISION NOTE #1:
Pursuant to 2004, 257:16, effective 1-1-05, rules in Part Sw 2001 entitled “Bingo Games” were transferred to the
Pari-Mutuel Commission from the Lottery Commission. Part Sw 2001 had
last been filed by the Sweepstakes Commission under Document #8000, effective
12-12-03. The Sweepstakes Commission was
renamed the Lottery Commission pursuant to 2004, 97:1-9, effective 7-10-04.
The Pari-Mutuel Commission subsequently filed Document
#8802, effective 1-20-07, which readopted with amendments and renumbered the
former Part Sw 2001 as Chapter Pari 1000. The rules in Document #8802 therefore
replaced all prior filings for rules in the former Part Sw
2001. The filings of the Sweepstakes
Commission affecting the former Part Sw 2001 included
the following documents:
#1902, eff 12-28-01
#2538, eff 12-4-83
#3159, eff 12-13-85
#4614, eff 5-23-89
#5070, eff 2-21-91
#5327, eff 2-14-92
#6107, eff 10-27-95
#6607, eff 10-22-97
#6608, eff 10-22-97
#7166, eff 12-21-99
#7308, eff 6-13-00
#7869, eff 4-11-03
#8000, eff 12-12-03
REVISION NOTE #2:
Pursuant to 2008, 25:1, effective 7-11-08, the
Pari-Mutuel Commission was renamed the Racing and Charitable Gaming Commission.
Document #10928, effective
9-10-15, readopted with amendments Chapter Pari 1000 and made many changes to
the wording, format, and numbering of the rules in Pari 1000 formerly adopted
by the Pari-Mutuel Commission. Document
#10928 replaces all prior filings affecting Pari 1000. The filings of the Pari-Mutuel Commission and
the Racing and Charitable Gaming Commission affecting the former Pari 1000
after Document #8802 include the following documents:
#8979, eff 9-19-07
#9412, eff 3-12-09
#10376, eff 7-16-13
#10403, EMERGENCY, eff 8-26-13
#10422, REPEAL OF EMERGENCY RULE, eff 11-19-13
#10573, eff 4-18-14
#10574, eff 4-18-14
#10791, INTERIM, eff 2-26-15, EXPIRED 8-25-15
Prior to the filing of rules in Document #10791, effective
2-26-15, many rules in Pari 1000 had expired 1-20-15 because they had not been
affected by filings after Document #8802, effective 1-20-07. The rules in Pari 1000 filed in Document
#10791, effective 2-26-15, had expired as interim rules on 8-25-15 until Pari
1000 was readopted with amendments in its entirety by Document #10928,
effective 9-10-15.
PART
Pari 1001 PURPOSE AND SCOPE
Pari 1001.01 Purpose. The purpose of this chapter is to establish
requirements for bingo games pursuant to RSA 287-E:1 through RSA 287-E:15.
Source. (See Revision
Notes #1 and #2 at chapter heading for Pari 1000) #10928, eff 9-10-15
Pari 1001.02 Scope.
(a) Except as
allowed in (b) below, this chapter shall apply to:
(1) Bingo games held by
a. Charitable organizations; and
b. Agricultural fairs.
(2) Distributors and manufacturers of bingo
supplies and equipment; and
(3) Commercial halls where bingo games are held.
(b) Bingo games
offered by private campgrounds, hotels or senior citizen organizations shall
not require licensure under this chapter when conducted in accordance with RSA
287-E:11-13.
Source. (See Revision
Notes #1 and #2 at chapter heading for Pari 1000) #10928, eff 9-10-15
PART Pari 1002
BINGO DEFINITIONS
Pari
1002.01 "Bingo'' means “bingo” as
defined in RSA 287-E:1, I, namely “any game, by whatever name called, in which
a prize is offered to the person first covering squares in a predetermined
design on a card marked into squares for that purpose. ‘Bingo’ shall not include
any game involving a slot machine or any other device in the nature of a slot
machine.”
Source. (See Revision
Notes #1 and #2 at chapter heading for Pari 1000) #10928, eff 9-10-15
Pari 1002.02 "Bingo event" means a gathering at
which a series of no fewer than 10 successive bingo games is held within a
single day.
Source. (See Revision
Notes #1 and #2 at chapter heading for Pari 1000) #10928, eff 9-10-15
Pari 1002.03 “Bona fide member” means “bona fide member”
as defined in RSA 287-E:1, III namely “a person who has held full and regular
membership in the charitable organization for a period of not less than 60 days
immediately prior to the bingo games in which such person intends to
participate.”
Source. (See Revision Notes
#1 and #2 at chapter heading for Pari 1000) #10928, eff 9-10-15
Pari 1002.04 “Bonus” means “bonus” as defined by RSA
287-E:1, III-a, namely “a monetary prize provided by the charitable
organization that is awarded in addition to prizes derived from moneys paid by
players.”
Source. (See Revision
Notes #1 and #2 at chapter heading for Pari 1000) #10928, eff 9-10-15
Pari 1002.05 “Card” means
a game piece designated to facilitate the game of bingo, consisting of a
grid of 5 rows of 5 squares,
each column of which is identified by a letters in the following order
B-I-N-G-O, and each square randomly numbered between 1 and 75, with center
square designated as a “free space”. A card includes a physical game piece as
well as an electronic representation of a card as utilized by a card-minding
device system.
Source. (See Revision
Notes #1 and #2 at chapter heading for Pari 1000) #10928, eff 9-10-15
Pari 1002.06 “Card-minding device system” means an
electronic or computerized device and related hardware and software, used to
automatically track announced bingo numbers, allowing the simultaneous play of
a large number of bingo cards.
Source. (See Revision
Notes #1 and #2 at chapter heading for Pari 1000) #10928, eff 9-10-15
Pari 1002.07 “Carryover coverall” means “carry-over
coverall” as defined in RSA 287-E:1, IV-a, namely “a bingo game in which a
prize is awarded to the player who achieves coverall within 50 or fewer balls.
If no player achieves coverall, the prize accumulates and is rolled over to
successive bingo dates.”
Source. (See Revision
Notes #1 and #2 at chapter heading for Pari 1000) #10928, eff 9-10-15
Pari
1002.08 "Charitable organization''
means “charitable organization” as defined in RSA 287-E:1, V, namely “any bona
fide religious, charitable, civic, veterans or fraternal organization which
shall have been registered with the secretary of state for at least 2 years and
in existence and organized under the laws of this state for at least 2 years in
a town or city in this state, and which
possesses a tax exempt status under Internal Revenue Code 501(c)(3), 501(c)(4),
501(c)(7), 501(c)(8), 501(c)(10), or 501(c)(19) or is covered under a group
ruling issued by the Internal Revenue Service under authority of those
section.”
Source. (See Revision
Notes #1 and #2 at chapter heading for Pari 1000) #10928, eff 9-10-15
Pari
1002.09 “Commercial hall” means
“commercial hall” as defined by RSA 287-E: 1, V-a namely “any hall owned or
leased by an individual, corporation, realty trust, partnership, association or any other person who rents or leases
the hall to a charitable organization for the operation of bingo games,
excluding halls owned by any charitable organization or governmental
subdivision as specified in RSA 287-E:5, VI.”
Source. (See Revision
Notes #1 and #2 at chapter heading for Pari 1000) #10928, eff 9-10-15
Pari
1002.10 "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
Notes #1 and #2 at chapter heading for Pari 1000) #10928, eff 9-10-15; ss by
#11086, eff 4-26-16
Pari
1002.11 "Concealed face bingo
paper" means a single use bingo sheet constructed to hide the card
face(s).
Source. (See Revision
Notes #1 and #2 at chapter heading for Pari 1000) #10928, eff 9-10-15
Pari 1002.12 “Distributor” means any person who sells,
leases, offers or otherwise provides, distributes, or services any bingo cards
or associated equipment for use or play in this state. This term includes shared carryover coverall
service providers.
Source. (See Revision
Notes #1 and #2 at chapter heading for Pari 1000) #10928, eff 9-10-15; ss by
#12130, eff 3-10-17
Pari
1002.13 “Free play” means any bingo
card, or sheet for a bingo game, other than a winner-take-all or
carry-over-coverall, offered by
coupon or any other means during a licensed bingo event which only certain
persons are awarded for no cost or for a cost less than that listed on the game
schedule if that person meets the criteria specified in in the organization’s
house rules.
Source. (See Revision
Notes #1 and #2 at chapter heading for Pari 1000) #10928, eff 9-10-15
Pari 1002.14 “Game schedule” means a written program
available to all players prior to the start of any bingo event that describes
the name(s), type(s) and order of the game(s) to be played, all prizes to be
offered and such other information as specified in Pari 1007.06.
Source. (See Revision
Notes #1 and #2 at chapter heading for Pari 1000) #10928, eff 9-10-15
Pari
1002.15 "Hotel'' means
"hotel'' as defined in RSA 78-A:3, III, namely “an establishment which
holds itself out to the public by offering sleeping accommodations for rent,
whether or not the major portion of its operating receipts is derived from
sleeping accommodations. The term includes, but is not limited to, inns,
motels, tourist homes and cabins, ski dormitories, ski lodges, lodging homes,
rooming houses, furnished room houses, boarding houses, private clubs, hostels,
cottages, camps, chalets, barracks, dormitories, and apartments. The term does not include the following:
(a) A hospital licensed under RSA 151, or a
sanitarium, convalescent home, nursing home, or home for the aged;
(b) Any establishment operated by any state or
United States agency or institution, except the New Hampshire department of
resources and economic development; or
(c) An
establishment owned by a nonprofit corporation or association operated
exclusively for religious or charitable purposes, and which does not offer
sleeping accommodations to the general public.”
Source. (See Revision Notes
#1 and #2 at chapter heading for Pari 1000) #10928, eff 9-10-15
Pari 1002.16
“Host hall” means “host hall” as defined by RSA 287-E:1, X, namely, “a
commercial hall or charitable organization approved by the commission where a
shared carryover-coverall game originates.”
Source. #12130, eff
3-10-17
Pari
1002.17 “House rules” means instructions
adopted by the charitable organization and approved by the commission pursuant
to Pari 1007.05(c) , which describe how bingo games are played and won.
Source. (See Revision
Notes #1 and #2 at chapter heading for Pari 1000) #10928, eff 9-10-15;
renumbered by #12130 (from Pari 1002.16)
Pari 1002.18
“Lighted game board” means a large lighted board displaying the numbers
1 through 75 which light up as the numbered balls are announced and
placed in a rack.
Source. (See Revision
Notes #1 and #2 at chapter heading for Pari 1000) #10928, eff 9-10-15;
renumbered by #12130 (from Pari 1002.17)
Pari 1002.19 “Manufacturer” means any person who
manufactures, builds, rebuilds, fabricates, assembles, produces, programs,
designs, or otherwise makes modifications to any bingo cards, sheets or
associated equipment for use or play in this state. This term includes
manufacturers of shared carryover coverall equipment.
Source. (See Revision Notes
#1 and #2 at chapter heading for Pari 1000) #10928, eff 9-10-15; ss by #12130,
eff 3-10-17 (from Pari 1002.18)
Pari 1002.20 “Mixing machine” means a machine containing
75 numbered balls and a blower attachment blowing air on the balls to mix them up
and randomly force one ball at a time up a chute to be drawn.
Source. (See Revision
Notes #1 and #2 at chapter heading for Pari 1000) #10928, eff 9-10-15;
renumbered by #12130 (from Pari 1002.19)
Pari 1002.21 “Participating hall” means “participating
hall” as defined by RSA 287-E:1, X,
namely, “a commercial hall or
charitable organization approved by the commission that receives a simulcast of
the shared carryover coverall played at the host hall.”
Source. #12130, eff
3-10-17 17
Pari
1002.22 "Private campground'' means
“private campground” as defined in RSA 287-E:1, VIII, namely “privately owned
property, open to the public upon payment of a fee, which has been divided into
10 or more defined spaces upon which tents may be erected or recreational
vehicles may be parked for the purposes of recreational camping. "Private
campground'' shall not include manufactured housing parks as defined in RSA 205-A:1
or recreational camps as defined in RSA 149:20.”
Source. (See Revision
Notes #1 and #2 at chapter heading for Pari 1000) #10928, eff 9-10-15;
renumbered by #12130 (from Pari 1002.20)
Pari
1002.23 “Progressive” means
“progressive” as defined in RSA 287-E:1, IX namely “a variation to any bingo
game wherein a player receives a prize for achieving coverall in 50 or fewer
balls drawn and if no player achieves coverall within 50 or fewer balls drawn,
the number of balls drawn shall be increased one ball per bingo event, until it
reaches the maximum of 60 balls, where it shall remain until the prize is
awarded.”
Source. (See Revision
Notes #1 and #2 at chapter heading for Pari 1000) #10928, eff 9-10-15;
renumbered by #12130 (from Pari 1002.21)
Pari
1002.24 "Senior citizens
organization" means a nonprofit association or club whose members are 55
years of age or older, and which exists for the mutual support and benefit of
New Hampshire’s senior citizens.
Source. (See Revision
Notes #1 and #2 at chapter heading for Pari 1000) #10928, eff 9-10-15;
renumbered by #12130 (from Pari 1002.22)
Pari 1002.25
“Shared carryover-coverall” means “shared carry-over-cover-all” as
defined in RSA 287-E:1, X, namely, “a carry-over-cover-all bingo game conducted
at a host hall and exhibited simultaneously to at least one participating hall
by means of an electronic simulcast feed for the purpose of playing for a
common jackpot with the conduct of the game at the hall under rules adopted by
the commission under RSA 541-A.”
Source. #12130, eff
3-10-17
Pari 1002.26
“Shared carryover coverall service provider” means a licensed
distributor that provides bingo paper, bingo game system equipment, or services
for the operation of a shared carryover coverall game.
Source. #12130, eff
3-10-17
Pari
1002.27 “Sheet” means a single piece of
paper on which 3 or more bingo cards are printed and of a predetermined color
used to distinguish it for use with a specific bingo game.
Source. (See Revision
Notes #1 and #2 at chapter heading for Pari 1000) #10928, eff 9-10-15;
renumbered by #12130 (from Pari 1002.23)
Pari 1002.28 “Winner-take-all game” means a game, pursuant
to RSA 287-E:7, XIII, in which all money received for the game is awarded, less
the 7 percent (%) tax and 7% game reimbursement fee specified in RSA 287-E:7,
XIII, to the winner of the game.
Source. (See Revision
Notes #1 and #2 at chapter heading for Pari 1000) #10928, eff 9-10-15;
renumbered by #12130 (from Pari 1002.24)
PART Pari 1003 LICENSE APPLICATIONS
Pari 1003.01 Licensing
Requirements of Manufacturers or Distributor.
(a) Manufacturers and distributors shall not supply or sell bingo paper
supplies, electronic bingo player systems, or shared carryover coverall
supplies or networking systems in New Hampshire without possessing a current
and valid license issued by the commission in accordance with this chapter.
(b) To qualify
for licensure as either a manufacturer or distributor, an applicant shall:
(1) Not have or be in partnership with or employ
an officer or director with a felony conviction that has not been annulled by
any court within 10 years from the date of application; and
(2)
When applying as a distributor, have a principal place of business located
within New Hampshire, as required by RSA 287-E:8-a, IV.
(c) To obtain a
license to manufacture bingo paper supplies,
electronic bingo player systems, or shared carryover coverall supplies
or networking systems, the applicant shall submit the following to the
commission:
(1) A completed and accurate “Application
for Manufacturer License” form (1/2017);
(2) Payment for the licensing fee of $5,000 as
established by RSA 287-E:8-a, V(b); and
(3) A copy of bond
posted in the amount of $50,000, payable to the commission and conditioned upon
the licensee’s compliance with the rules and laws of the commission, as
established by RSA 287-E:8-a, III .
(d) As allowed
by RSA 287-E:8-a, V, a manufacturer with a current New Hampshire license to
manufacture lucky 7 tickets shall not be required to pay an additional
licensing fee under this chapter.
(e) To obtain a
license to distribute bingo paper supplies, electronic bingo player systems
or shared carryover coverall supplies or networking systems, a distributor
shall submit the following to the commission:
(1) A complete and accurate “Application for
Distributor License” form (1/2017);
(2) Payment for the licensing fee of $10,000,
pursuant to RSA 287-E:8-a, I; and
(3)
A copy of a bond posted in the amount of $50,000, payable to the commission and
conditioned upon the licensee’s compliance with the rules and laws of the
commission, pursuant to RSA 287-E:8-a, III.
(f) As allowed
by RSA 287-E:8-a, I and III, a distributor with a current New Hampshire
licensed for distribution of lucky 7 tickets shall be authorized to distribute
bingo paper supplies, electronic bingo player systems, and shared carryover
coverall supplies and networking systems, and shall not be required to post an
additional bond or file for a separate licensing under this chapter.
(g) If at any time, the information provided
in accordance with (c)-(d) above changes, or is otherwise found to be
inaccurate, the applicant shall submit updated or corrected information to the
commission within 15 days of the event
that resulted in the change, or discovery of the inaccuracy.
Source. (See Revision
Notes #1 and #2 at chapter heading for Pari 1000) #10928, eff 9-10-15; ss by
#12130, eff 3-10-17
Pari
1003.02 Licensing Requirements of
Charitable Organizations.
(a)
Charitable organization shall not hold games of bingo
without possessing a current and valid license issued by the commission in
accordance with RSA 287-E and this chapter.
(b) To be eligible for licensure, an organization shall meet the definition of a
charitable organization as set forth in RSA 287-E:1, V.
(c)
To obtain a bingo license, a
charitable organization shall submit the following documentation to the
commission:
(1) A completed Bingo Application - Charitable
Organization form (4/2016);
(2) Supporting documentation, as required by (d)
below; and
(3) Payment of the licensing fee of $25 per bingo
event, as established by RSA 287-E:4, I.
(d) A charitable organization shall provide the
following supporting documents with a license application:
(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
section 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) A letter written on the charitable
organizations letterhead and signed by an authorized officer of the
organization, which describes:
a The religious, civic, fraternal, veterans,
social clubs, or other charitable purposes of the organization for which the
organization is organized;
b. The extent these charitable purposes
have been furthered by the organization within the community by goods, services or both in the community; and
c. The dates and
descriptions, including location, of activities that the charitable
organization has conducted in the 2 year period prior to the date of the
application, which have advanced the organization’s charitable purpose, but
does not include charitable gambling and other activities conducted solely for
the purposes of raising funds for the charitable organization;
(3) A current and complete list of bona fide
members that has been signed, dated and certified as accurate by an officer of
the organization, and includes the following information for each member
listed:
a. The member’s full name and date of birth;
b. The member’s title or position within the
organization, with officers being listed first and alphabetically thereafter;
c. The member’s contact information, including
legal address and phone number;
d. Whether or not the member participates in the
operation of the bingo; and
e For those members listed as participating in
the operation of bingo, affirmation that the member has not been convicted of a
felony or misdemeanor as prohibited by RSA 287-E:5, V(c);
(4) A copy of the charitable organization’s bingo
house rules, which meets the requirements set forth in Pari 1007.05 below;
(5) A game schedule which meets the requirements
set forth in Pari 1007.06 below;
(6) If the license is being renewed, any
original, signed “Bingo Monthly Financial
Report (BMFR)”, form (4/2016), as
required by Pari 1009.03 below, for any month which has not previously been
submitted and which is due or overdue; and
(7) Copies of all written agreements or
contracts, including those relative to:
a. Services provided in accordance with RSA
287-E:7, II(a); and
b. Shared bingo, including agreements between
the host and participating halls and the shared carryover coverall service
provider.
(e) The charitable organization shall submit a
license application and related documentation to the commission at least 15
days prior to the first bingo event of the month or year for which the license
has been requested.
(f) If at any time, the information provided in
accordance with (c) and (d) above changes, or is otherwise found to be
inaccurate, the applicant shall submit updated or corrected information to the
commission within 15 days of the event that resulted in the change, or
discovery of the inaccuracy.
(g) An organization shall immediately notify the
commission in the event that it no longer meets the qualifications for
licensure, including the loss of its tax exempt status, or failure to maintain
its registration with the secretary of state or director of charitable turst, as required by RSA 287-E:1, V.
Source. (See Revision
Notes #1 and #2 at chapter heading for Pari 1000) #10928, eff 9-10-15; amd by #11086, eff 4-26-16; ss by #12130, eff 3-10-17
Pari
1003.03 Licensing Requirements of
Commercial Halls.
(a) No individual or entity, other than a
charitable organization or governmental subdivision, shall lease or rent
premises for the conduct of bingo without a commercial hall license issued by
the commission.
(b) To obtain a commercial hall license, the
individual or entity shall submit the following to the commission:
(1) A completed
and accurate “Application for Commercial Hall License” form (4/2016);
(2) Copies of
all rental or lease agreements in effect related to the use of the premises for
the conduct of bingo games; and
(3) Payment of the licensing fee of $250, as
established by RSA 287-E:4, II-a.
(c) Applicants for a commercial hall license
shall submit the application to the commission at least 45 days prior to any
bingo games being conducted in the hall.
(d) If at
any time, the information provided in accordance with (b) above changes, or is
otherwise found to be inaccurate, the applicant shall submit updated or
corrected information to the commission within 15 days of the event that resulted in the change, or
discovery of the inaccuracy.
(e) The commercial hall shall submit all amended
lease or rental agreements to the commission prior to the agreement going into
effect, and attest in writing that the agreement complies with the requirements
set forth in this part.
Source. (See Revision
Notes #1 and #2 at chapter heading for Pari 1000) #10928, eff 9-10-15
Pari 1003.04 Licensing Requirements of Host Halls.
(a) Pursuant to RSA 287-E:13-a, to be eligible to
act as a host hall for shared bingo games, the applicant must hold a valid
bingo license under RSA 287-E:6.
(b) Any commercial hall or charitable
organization wishing to act as a host hall shall submit the following documentation to the commission at least 30-days
prior to the first proposed game date:
(1) A completed and accurate “Application
to Act as a Host Hall” form (1/2017);
(2) A network
management plan for conducting the shared bingo game that includes details
descriptions of the following:
a. The technology being used to simulcast
the game;
b. The card origination, inventory control and
distribution systems, which shall include minimum controls to track and monitor the distribution of the
papers;
c. The
method of calling number at the host hall, and transmitting them to each
participating hall;
d. The house rules;
e. The card sales and reporting system;
f. Jobs of personnel involved in the conduct
and administration of the game;
g. The procedure to verify winning cards;
h. The financial and inventory control forms
that will be used;
i. The process for transferring funds between
halls;
j. The procedure that will be in place for
paying the winner(s);
k. The security features in place; and
l. The plan for the continuation of a game in
the event of a communication system failure;
(3) A copy of
all written agreements between the host hall and each participating hall, which
complies with the requirements of Pari 1008.05(a) below; and
(4) A copy of bond
posted in the amount of no less than $50,000 and no more than the highest
jackpot prize offered within the previous 24 months payable to the commission
and conditioned upon the licensee’s compliance with the rules and laws of the
commission, as established by RSA 287-E.
Source. #12130, eff
3-10-17
Pari 1003.05 Licensing Exemptions for Private
Campground, Hotels and Senior Citizen Organizations.
(a) In accordance with RSA 287-E:12, a private
campground or hotel may conduct bingo games without a license when the private
campground or hotel:
(1) Has been in
existence for at least 2 years in the city or town where the games are to be
held;
(2) Was not
established solely for the purpose of operating bingo games; and
(3) Conducts
bingo activities in accordance with the conditions set forth in RSA 287-E:12, as
follows:
a. No more than
2 bingo events shall be held in any one calendar week;
b. Only
individuals on staff at the campground or hotel shall operate the games;
c. Compensation
to staff for operating such games shall not come from bingo revenues;
d. Only
individuals 18 years of age or older who are bona fide guests at the campground
or hotel shall be allowed to play bingo;
e. The price to
be paid for a single card or play shall be $0.50;
f. All revenues
received from the sale of bingo cards in any game or series of games in any one
calendar day shall be paid out to the players, with the total value of all
prizes, tokens or awards used, given,
offered, or awarded in connection with any one game on any calendar day shall
not exceed a payout value of $500, or series of games on the same day shall not
exceed a payout value of $1,000; and
g. A list of
bona fide guests, and the dates of their stay, is maintained by the private campground
or hotel for a minimum of 2 years.
(b) In accordance with RSA 287-E:13, a private
campground or hotel may conduct special bingo games for children under the
conditions specified in (a) above with the following exceptions:
(1) No games
shall be conducted prior to 11:00 a.m. on a weekday, or prior to noon on a
Sunday, and all games shall be finished by 8:30p.m. on any day;
(2) There shall
be no charge for play;
(3) Games shall
only be open to individuals under the age of 18, except that individuals over
the age of 18 may play the game for the purpose of supervising a child or
children. Such individuals shall not be eligible to win a prize, and any cards
the adult is playing shall be marked in such a way that the bingo attendant is
able to identify it as not eligible to win under this paragraph;
(4) Nonmonetary
prizes may be awarded, but the value of any prize shall not exceed $2; and
(5) Prizes
shall not be exchanged for money.
(c) In accordance with RSA 287-E:11, any senior
citizens’ organization may conduct bingo games without a license when:
(1) The city or
town where the games will be held has adopted RSA 287-E; and
(2) The
organization conducts bingo activities in accordance with the conditions set
forth in RSA 287-E:11, as follows:
a. Games shall
be open only to persons 55 years of age or older, unless the rules for senior
activities on the premises require a higher minimum age for admission;
b. Person under
55 years of age who are assisting persons 55 years or older may be allowed on
the premises;
c. The price
for a single card or play shall not exceed $0.75; and
d. All prizes,
tokens, or awards used, given, offered, or awarded during or in connection with
this section, in any one game on any one calendar day shall not exceeding $500;
and
(3) The
organization utilizes any revenue remaining after the awarding of prizes,
tokens and awards in accordance with (c)(2)d. for the purposes for which it was
organized.
Source. (See Revision
Notes #1 and #2 at chapter heading for Pari 1000) #10928, eff 9-10-15; ss by
#12130, eff 3-10-17 (from Pari 1003.04)
PART Pari 1004 APPROVALS AND DENIALS OF A LICENSE APPLICATION
Pari 1004.01 Manufacturer and Distributor Approvals and
Denials.
(a)
The commission shall approve an application and issue the
applicable distributors or manufacturer license when:
(1) The application is found to be complete and
accurate;
(2) All fees have been paid, in accordance with Pari 1003.01(c)(2) or Pari 1003.01(d)(2) above, as applicable;
(3) All bonds have been posted, in accordance
with Pari 1003.01(c)(3) or Pari 1003.01(d)(3) above, as applicable, and a copy
of bond certificate has been provided to the commission;
(4) When the applicant is a distributor, the
applicant’s principal place of business is located within New Hampshire, as
required by RSA 287-E:8-a, IV;
(5) Neither the applicant nor any partner,
officer, or director has been convicted of a felony that has not been annulled
by any court, within 10 years from the date of application; and
(6) The applicant otherwise meets the
requirements for licensure under RSA 287-E, and this chapter.
(b)
The commission shall deny the application if the applicant has:
(1) Not complied with the application
requirements and procedures, as specified in this chapter;
(2) Made a material false statement in the
application or in any document that is submitted as part of the application
process; or
(3) Not otherwise met the qualifications for
licensure specified in RSA 287-E, and this chapter.
Source. (See Revision
Notes #1 and #2 at chapter heading for Pari 1000) #10928, eff 9-10-15
Pari 1004.02 Charitable Organizations Approvals and
Denials.
(a)
The commission shall approve an application and issue a license to the
charitable organization to operate bingo games when:
(1) The application is found to be complete and
accurate;
(2) All supporting documentation required by Pari
1003.02(d) above has been submitted and found to be complete and accurate;
(3) All fees have been paid, in accordance with
RSA 287-E:4, I, and Pari 1103.02(c)(3) above;
(4) The organization qualifies as a charitable
organization, as defined by RSA 287-E:1, V;
(5) The charity
has demonstrated progress in accomplishing its charitable purposes during the 2
year period prior to the date of the application. For the purpose of this
subparagraph, "accomplishing its charitable purposes" means relief of
poverty, advancement of education, protection of health, relief from disease,
relief from suffering or distress, protection of the environment, conservation
of wildlife, advancement of civic, governmental, or municipal purposes, or
advancement of those purposes as delineated in the articles of incorporation or
the bylaws of the organization;
(6) The organization’s house rules comply with
the requirements set forth in Pari 1007.05 above;
(7) The organization’s game schedule complies
with the requirements set forth in Pari 1007.06;
(8) When applicable, the organization is in good
standing with the director of charitable trust and its central organization;
and
(9)
The applicant otherwise meets the requirements for licensure under RSA 287-E
and this chapter.
(b)
The commission shall deny the application if
the applicant has:
(1) Not complied with the application
requirements and procedures, as specified in this chapter;
(2) Made a material false statement in the
application or in any document that is submitted as part of the application
process;
(3) Been found in violation of this chapter, or
had its license suspended or revoked within the past year, per RSA 287-E:14; or
(4) Not otherwise met the qualifications for
licensure specified in RSA 287-E, and this chapter.
Source. (See Revision
Notes #1 and #2 at chapter heading for Pari 1000) #10928, eff 9-10-15
Pari 1004.03 Commercial Hall Approvals and Denials.
(a)
The commission shall approve an application and issue a license to a
commercial hall when:
(1) The application is found to be complete and
accurate;
(2) Copies of the rental or lease agreement have
been included, in accordance with Pari 1003.03(b)(2) above, and found to comply
with the requirements set forth in Pari 1006.05 below;
(3) All fees have been paid, in accordance with
RSA 287-E:4, II-a, and Pari 1003.03(b)(3) above; and
(4) The applicant otherwise meets the
requirements for licensure under RSA 287-E and this chapter.
(b)
The commission shall deny the application if the applicant has:
(1) Not complied with the application
requirements and procedures, as specified in this chapter;
(2) Made a material false statement in the
application or in any document that is submitted as part of the application
process;
(3)
Been found in violation of this chapter, or had its license revoked within the
past year, per RSA 287-E:14; or
(4)
Not otherwise met the qualifications for licensure specified in RSA 287-E, and
this chapter.
Source. (See Revision
Notes #1 and #2 at chapter heading for Pari 1000) #10928, eff 9-10-15
Pari
1004.04 Host Hall Approvals and
Denials.
(a) The commission shall approve a commercial
hall or charitable organization to act as a host hall when the applicant:
(1) Holds a valid bingo license under RSA
287-E:6;
(2) Has
submitted a completed application and related documents required by Pari
1003.04(b);
(3) Has developed internal control procedures and
record keeping standards that ensure proper control and accountability, and
preserves the integrity of the game;
(4) Has established policies for dealing with service
interruptions that are fair and do not systematically disadvantage customers;
and
(5) Is utilizing a shared carryover coverall
system that has been approved by the commission in accordance with Pari
1007.04, and obtained through a licensed manufacturer and distributor.
Source. #12130, eff
3-10-17
PART Pari 1005 LICENSE EXPIRATIONS
Pari 1005.01 Expiration of an Issued License.
(a) Licenses issued in accordance with this
chapter shall be non-transferable, and shall expire in accordance with the
following:
(1) Distributor or
manufacturer licenses shall expire on June 30 following the date of issue;
(2) Charitable organization licenses shall expire
on the last day of the month for which the license was issued, or for annual
licenses, the last day of the year in which it was issued; and
(3) Commercial hall
licenses shall expire on June 30 following the date of issue.
(b)
All licenses shall be valid
only for the activities, location, dates and times as listed on the license.
(c) Any licensee that ceases to conduct bingo
activities shall immediately notify the commission in writing and provide the
commission a report as to the disposition of:
(1) All unused
bingo inventory; and
(2) Any bingo
player systems used by the charity.
Source. (See Revision Notes
#1 and #2 at chapter heading for Pari 1000) #10928, eff 9-10-15; ss by #12094,
eff 1-27-17
PART Pari 1006 RESPONSIBILITIES OF THE LICENSEE
Pari 1006.01 Responsibilities of All Licensees.
(a)
All licensees shall conduct charitable gaming activities in a manner
that ensures:
(1) The
integrity of the game;
(2) That the games are fair, secure, and able to
be auditable and operate correctly; and
(3) That all games are free from corruption, criminal
influences, and conflicts of interest.
(b) Upon request, the licensee shall permit the
commission or its designee to examine all bingo related books, records,
inventory, or the business or gaming premises as deemed necessary for an
ongoing inspection, investigation or audit or to otherwise determine the licensee’s compliance with RSA
287-E and this chapter.
Source. (See Revision Notes
#1 and #2 at chapter heading for Pari 1000) #10928, eff 9-10-15
Pari 1006.02 Responsibilities of the Licensed
Manufacturer.
(a)
Each licensed manufacturer of bingo paper supplies and electronic bingo
player systems shall:
(1) Ensure that all bingo paper supplies and
electronic bingo player systems sold or supplied for use in New Hampshire
comply with the standards set forth in this chapter;
(2) When selling bingo supplies and systems for
use in New Hampshire, only sell to New Hampshire licensed distributors;
(3) Develop internal control procedures and
recordkeeping standards to ensure proper control and accountability of all
bingo supplies and systems sold for use in New Hampshire;
(4) Not duplicate the same serial number in a
given year on the same series;
(5) Include the following information on the
exterior of each carton of bingo cards or sheets, or provided via a product
code, identifier bar coding or a combination of bar-coding and labeling:
a. The type of product;
b. The quantity of cards or sheets;
c. The series numbers;
d. The serial number;
e. The quantity of cases;
f. The cut of paper, which describes how many
bingo faces are on each paper; and
g. The color of paper; and
(6) Maintain all relevant records pertaining to bingo related
sales, leases or rentals for a period of 2 years, and make such records
available to the commission upon request.
(b) Manufacturers of card-minding systems shall
provide to the commission all current protocols, usernames, passwords, and any other required information
needed to download or otherwise access the system via a remote connection;
(c) Neither the manufacturer, nor any of its
employees, shall participate in the bingo games it provides to its customers in
New Hampshire.
Source. (See Revision
Notes #1 and #2 at chapter heading for Pari 1000) #10928, eff 9-10-15
Pari 1006.03 Responsibilities of the Licensed
Distributor.
(a) Each licensed
distributor of bingo paper supplies and electronic bingo player systems shall:
(1) Ensure that all bingo paper supplies and
electronic bingo player systems sold or supplied for use in New Hampshire comply with the standards set forth in this
chapter;
(2) Only supply bingo paper supplies and
electronic bingo player systems to licensed charitable organizations;
(3) Immediately
return any unauthorized bingo supplies in its possession to the manufacturer;
(4) In
accordance with RSA 287-E:8-a, record the sale of all bingo cards or sheets
sold by serial number, and listed the serial number on the charitable
organization’s invoice;
(5) Develop
internal control procedures and recordkeeping standards to track and account
for bingo supplies and systems it purchases, sells or holds in inventory,
including an explanation of any discrepancies;
(6) Maintain
all relevant records pertaining to bingo related sales, leases or rentals for a
period of 2 years, including the following:
a. Series and
serial numbers of bingo cards and sheets;
b. Description
of the bingo cards and sheets sold including, but not limited to:
1. Color;
2. Cut of the
paper;
3. Quantity;
and
4. Marketing
name;
c. The name, address and license number of the
charitable organization making the purchase;
d. The name of
the manufacturer; and
e. The quantity
of bingo cards or sheets contained in the packaging carton;
(7) If
providing shared carryover coverall services, maintain all agreements,
including:
a. Any
agreements with charitable organizations to provide shared carryover coverall
game system equipment or services, which shall include the terms and conditions
of such agreements and, if applicable, details on the operation of the shared
bingo game and distribution of costs and proceeds; and
b. Any
licensing agreements with other entities for software and hardware developed
for conducting shared bingo; and
(8) Make all
records available to the commission upon request during regular business hours.
(b) Neither the
distributor, nor any of its employees, shall participate in the bingo games it
provides to its customers in New Hampshire.
Source. (See Revision
Notes #1 and #2 at chapter heading for Pari 1000) #10928, eff 9-10-15; ss by
#12130, eff 3-10-17
Pari
1006.04 Responsibilities of the
Licensed Charitable Organization.
Licensed charitable organizations shall:
(a) Adopt house rules in accordance with Pari
1007.05 below;
(b) Prominently
display the following documents within the commercial hall or facility in areas
that are accessible to and easily seen by the public, including in the
immediate area where bingo games are played:
(1) The
organization’s current bingo license, pursuant to RSA 287-E:6;
(2) At least
one copy of RSA 287-E and this chapter;
(3) At least
one copy of any house rules that apply; and
(4) A copy of the
approved game schedule;
(c) Prominently display a sign in the immediate
area where the bingo games are played advising the public of the phone number
where complaints related to charitable gaming may be made;
(d) For each bingo event, designate a member of
the charity to act as the gaming manager, who shall be responsible for:
(1) Ensuring
that the games are conducted in accordance with RSA 287-E and this chapter;
(2) Controlling
the execution of the games, including payouts and the preparation of
transaction records; and
(3) Remaining
on the premises during the bingo event to address and resolve any issues that
occur during the bingo event;
(e) Only sell bingo supplies and systems
that have been:
(1) Purchased
from a licensed distributor, pursuant to RSA 287-E:8-a;
(2)
Manufactured by a licensed manufacturer, pursuant to RSA 287-E:8-a; and
(3) Approved
by the commission;
(f) Conduct bingo games in accordance with RSA
287-E and this chapter;
(g) Establish and institute administrative and
accounting procedures and controls to ensure that:
(1) Assets are
safeguarded;
(2) Financial
records and transactions are accurate, reliable and permit proper reporting of
gaming revenue, fees and taxes;
(3) Functions,
duties, and responsibilities are appropriately segregated in accordance with
sound business practice;
(4) Integrity
of the game is preserved by preventing unauthorized access, misappropriation,
forgery, theft, or fraud; and
(5) Controls
that have been put in place are effective, and that any abnormalities are
investigated and addressed;
(h) Establish and
incorporate the following control procedures to provide the maximum
accountability for all bingo supplies, systems, revenues and disbursements:
(1) Control the access and distribution of all
bingo supplies;
(2) Designate an individual who will control,
purchase, track, and account for bingo supplies;
(3) Develop procedures to track the purchase,
storage, and distribution to individuals selling bingo supplies and their removal from
inventory;
(4) Develop a perpetual inventory tracking system
and conduct monthly physical inventory counts to compare and reconcile with
that system;
(5) Develop a receipting system for the sale of
the cards and sheets to be completed for
each bingo event that includes comparing cash register receipt or manual
receipt summaries to calculated sales based on the selling price of the cards
and sheets sold, where the calculated sales are based on the quantity of cards
and sheets sold, determined by the quantity of
cards and sheets issued out of inventory at the beginning of the bingo
event, less the quantity of cards and sheets returned to inventory at the
conclusion of the event;
(6) Develop a procedure to record the gross
receipts generated from the sale of cards and sheets sold by floor workers.
This procedure shall be implemented through such things as an inventory
accounting system or a floor worker sales report;
(7) Limit access to the funds in the bingo bank
accounts created in accordance Pari 1009.01(a) to authorized executive members
of the organization; and
(8) Assign an individual, who is independent of
the person primarily responsible for the control of the inventory and
purchasing of the cards and sheets or responsible for accounting for the funds
generated from the sale of cards and sheets, to reconcile the funds deposited
into the bingo bank accounts to the funds generated from the sale of cards and
sheets;
(i) Maintain records pertaining to bingo gaming
activities including:
(1) Copies of all policies and procedures;
(2) Any records
or documents necessary to track bingo cards and sheets from the date of
purchase through the final disposition, including:
a. The purchase register which includes the
quantity, description, series, serial number, cut, color, date of purchase,
cost and purchase invoice number;
b.
Inventory control records which include the quantity and description, series,
serial number, cut, color, and date the bingo cards and sheets placed into,
withdrawn from, or returned to, inventory;
c. The sales register controls for the cards or
sheets sold by individual floor workers, which includes:
1. A record of the quantity of all cards or
sheets sold by individual floor workers;
2. The individual's name;
3. The value of the cards or sheets;
4. The type of cards or sheets; and
5. The amount of cash turned in by the
individual;
d. The bingo event report which reflects:
1. The gross receipts;
2. Prizes paid;
3. The number of players in attendance; and
4. The quantity of singles or packets sold with
corresponding value of the bingo card or sheet;
e. For each game, the center number of all
winning cards, the quantity of winning cards, the game name or number as
described on the game program, and the amount of balls called;
f. For each progressive game, the amount of
balls called and the value of the prize, if carried over;
g. The record of all prizes paid, with separate
listing for those paid by cash from those paid by check;
h. The daily cash count records which include
the amount of cash available for deposit and the amount actually deposited in
the bingo bank account; and
i. The check register which details all deposits
and disbursements from the bingo bank account;
(3) Bank statements, check registers,
reconciliations, and cancelled checks and bank deposit slips for bingo bank
accounts;
(4) The purchase of bingo paper supplies and electronic bingo
player systems, including copies of invoices provided by the distributor;
(5) The calculation of charity allocation and
state tax;
(6) All written contracts, agreements, leases,
rental agreements, or any other statement of understanding;
(7) Work schedules and assignments of all
employees, volunteers and bona fide members; and
(8) Copies of
by-laws, articles of incorporation and organization chart listing titles,
roles, and responsibilities;
(j) Prepare general accounting record according
to U.S. Generally Accepted Accounting Principles (GAAP) on a double-entry
system of accounting, maintaining detailed, supporting, and subsidiary records;
(k) Retain full custody and control over all bank
accounts pertaining to bingo and lucky 7 activities;
(l) Comply with the financial and reporting
requirements set forth in Pari 1009 below;
(m) Submit a copy of the written agreement to the
commission prior to services being rendered, in accordance with RSA 287-E:7,
II(b);
(n) Maintain all bingo related records on the
premises for a period of 2 years;
(o)
Notify the commission in writing within 15 days of an event affecting the
charitable organization’s:
(1)
Qualifications for licensure under Pari 1003.02, such as a change in IRS
exemption status; or
(2) Status of
good standing with the New Hampshire secretary of state or director of charitable
trust, or with the organization’s state or national organization;
(p) Not allow an individual to serve as both the
treasurer and the chairperson of the charitable organization or their designee;
and
(q) Notify the commission in writing within 3
days of cancelling an authorized bingo event, and include the following
information in the notification:
(1) The name and contact information of the licensed
charitable organization submitting the notification;
(2) The date
and location of the cancelled bingo event;
(3) The reason
for the cancellation; and
(4) Whether or
not lucky 7 tickets were sold on this game date.
Source. (See Revision
Notes #1 and #2 at chapter heading for Pari 1000) #10928, eff 9-10-15; amd by #12130, eff 3-10-17
Pari
1006.05 Responsibilities of Licensed
Commercial Halls.
(a) The amount of the hall rental to the
charitable organization shall not exceed $5 per player per charitable organization's
bingo event.
(b) The commercial hall shall provide, as part of
the hall rental fee, the following items and services to the charitable
organization:
(1) Hall space;
(2) Tables and chairs sufficient for the
conduct of the bingo game;
(3) Bingo
equipment necessary for the conduct of the bingo game including, but not
limited to:
a. A ball rack;
b. A mixing
machine; and
c. A lighted
game board;
(4) Utilities,
including but not limited to heat, lights,
and communication services;
(5) Restroom
facilities sufficient for the seating capacity of the hall;
(6) Snow removal; and
(7) Trash
removal and overall janitorial services sufficient to return the hall to a
condition clean and proper for
conducting business.
(c) The commercial
hall shall maintain all bingo related
equipment, specified in (b)(3) above, in
proper working order.
(d) No third party charges shall be assessed to
any charitable organization for services set forth in (b) above.
(e) All agreements between the commercial hall
and the charitable organization shall be contained within the lease agreement;
(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, not security for the hall or
parking area, consulting or management services, shall be at the discretion of
the charitable organization. Failure to participate in these activities shall
not constitute grounds for expulsion from the hall.
(g) The commercial hall shall:
(1) Submit
copies of all leases and rental agreements to the commission in accordance with
Pari 1003.03(b)(2) above;
(2) Allow an
staff or other authorized representative of the commission to enter and inspect
any facility where bingo games are held for purposes of determining compliance
with RSA 287-E and this chapter; and
(3)
Make all bingo equipment available
for inspection or testing by the commission at any reasonable time.
Source. (See Revision
Notes #1 and #2 at chapter heading for Pari 1000) #10928, eff 9-10-15
Pari 1006.06 Responsibilities
of the Host Hall.
(a) A host hall
shall obtain approval from the commission, in accordance with Pari 1004.04,
before holding a shared carryover coverall bingo game.
(b) The host hall shall only simulcast shared
carryover coverall games to participating halls located within New Hampshire and
licensed by the commission to hold bingo events.
(c) The host
hall shall be solely responsible for the equipment, the management and the
operation of the shared carryover coverall games it provides.
(d) The host
hall shall establish and maintain a separate bank account to which it will
deposit all proceeds and pay all of the expenses in connection with the shared
carryover coverall bingo operation.
(e) The host
hall and the participating hall, and, if applicable, the participating hall and
the licensed charity, shall enter into a written agreement prior to conducting
a shared carryover coverall game.
(f) The host hall shall provide the commission
with 30-days advanced written notice of its intent to conduct a shared bingo
game.
(g) The notice required by (f) above shall
include:
(1) The names of each participating hall and
charitable organizations, and the locations of the caller and remote players;
(2) The name of the shared carryover coverall
service provider responsible for providing and maintaining the equipment used
to operate and transmit the game;
(3) A copy of any written agreements between:
a. The host and participating halls;
b. The participating hall and the licensed
charitable organization if applicable; and
c. The host hall and the shared carryover
coverall service provider, if applicable;
(4) The name of the person designated as having a
fiduciary responsibility for the game; and
(5) The name and contact information for the bank
where the separate shared carryover coverall funds will be deposited.
(h) The host hall shall maintain all records
pertaining to the shared carryover coverall games for a period of at least 2 years,
and make such records available to representatives of the commission upon
request during regular business hours.
(i) The records required by (h) above shall
include:
(1) Documentation of all prizes paid and
information regarding receipt of the prize;
(2) All financial records, which shall clearly disclose the amount of money the shared
carryover coverall operation received and expended, and the purposes for which
the host hall spent money;
(3) Copies of any written contracts or agreements
between all parties involved in the shared carryover coverall games including
those required by Pari 1003.04(b)(2)-(3) above;
(4) A physical description of the equipment
and its cost;
(5) The name
and location of the participating hall where the equipment is installed and the
installation date;
(6) The name of
the licensed charitable organizations which will be participating in the shared
carryover coverall games at each location, and the game dates;
(7) The video
recording of each drawing in the previous one-year period that shows, at least:
a. The ball
selection process, including the numbers drawn; and
b. All body
movements of the caller;
(8) Information
relative to the purchase and distribution of all shared carryover coverall
bingo cards, including the date the cards were used; and
(9) Records of
gambling proceeds received from the bingo operation and the use of those
proceeds towards the stated purpose of the organization.
(j) The host
hall shall retain all recordings of each game for a minimum of 30 days.
(k) The host hall shall submit for review and obtain
approval from the commission prior to implementing any changes to the event
operating procedures.
Source. #12130, eff 3-10-17
PART Pari 1007
BINGO EQUIPMENT, SUPPLIES AND STANDARDS
Pari 1007.01 Bingo
Equipment.
(a) The charitable organization shall:
(1) Only use
bingo equipment that is free of any defects
and functioning in proper working order; and
(2) Furnish or
operate bingo equipment in such a manner that each
player is given an equal opportunity to win.
(b) Bingo ball machines and other selection
devices, flashboards and other display devices, and other bingo equipment used
in the selection and display of game numbers shall be designed to produce
randomness.
(c) When balls are utilized, the charitable
organization shall ensure that the following are true:
(1) Any
characteristics that control the selection of the balls, such as size, shape,
weight and balance, are the same for all balls within a given set;
(2) All the balls within a given set are present,
clean and free of defects and otherwise in operating condition before being
utilized; and
(3) Each set of balls in play is distinguishable from
all other sets of balls in play.
(d) All mechanical ball blowers, which use air
flow for mixing and randomly selecting balls, shall be constructed:
(1) To allow game participants to view the mixing
action of the balls; and
(2) To prohibit any interruption of the mixing
action of the balls in an effort to alter the selection of the balls, except
when the device is shut off.
(e) When balls are drawn from a barrel, as
permitted in accordance with Pari 1008.03(m)-(n) below, the following requirements
shall be met:
(1) At the start of each game, only balls
applicable to the game are to be depicted;
(2) For games with bonus features and additional
balls that are selected, balls are to be chosen from the original selection
without duplicating an already chosen ball;
(3) The barrel is not to be re-mixed except as
provided by the rules of the game depicted; and
(4) As balls are drawn from the barrel, they are
to be immediately used as directed by the house rules.
Source. (See Revision
Notes #1 and #2 at chapter heading for Pari 1000) #10928, eff 9-10-15
Pari 1007.02 Bingo
Paper Construction Standards.
(a)
Cards, and sheets used in the conduct of bingo games shall be designed
to be disposable and comply with the following manufacture standards:
(1) The paper used should be of sufficient weight
and quality to:
a. Allow for legible numbers and prevent ink
from spreading or bleeding through, thereby obscuring other numbers on other
bingo cards or sheets, and
b. Maintain the original condition and not
deteriorate when properly stored and normally handled and protected from
environmental elements;
(2) The manufacturer’s name, logo or identifying
mark shall appear on each card or sheet;
(3) Permutation numbers shall be displayed in the
center square, at the bottom right corner of each card, or in both places;
(4) Numbers printed on the card must be randomly
assigned;
(5) Each set of bingo cards or sheets shall bear
the same serial number, except that a collation or packet that is made up of a
number of sets need not bear the same serial number;
(6) Bingo cards and sheets assembled in booklets,
pads or packets shall be glued, not stapled, in such a way that the papers can
be separated without the cards being defaced or similarly damaged; and
(7) All
cards and sheets shall contain a
sequential serial number.
(b)
The following construction standards shall apply to concealed-face bingo
paper:
(1) A sequential audit number shall be printed on
the outside of each card or sheet of concealed-face bingo paper;
(2) To ensure randomness, concealed-face bingo
paper shall be shuffled prior to printing the sequential audit number upon the
outside of the card;
(3) Concealed-face bingo paper shall be
constructed to prevent bingo numbers from being viewed or determined from the
outside of the card; and
(4) The sealing or gluing of the concealed-face
bingo paper shall not cause any card to be defaced upon opening.
(c) All bingo cards and sheets approved by the commission
and in use prior to the effective date of this rule, which have not been
subsequently changed or modified, shall be exempt from the requirement in
(a)-(b) above, and may remain in use.
Source. (See Revision
Notes #1 and #2 at chapter heading for Pari 1000) #10928, eff 9-10-15
Pari
1007.03 Card-minding System Standards.
(a) A card-minding
system shall not be sold, leased, or otherwise furnished to any person for use
in the conduct of bingo until it has been:
(1) Tested by an authorized independent
testing laboratory to ensure that the device and proprietary software conforms
to the restrictions and conditions set forth in this chapter; and
(2)
Demonstrated to and approved by
the commission in accordance with (n) below.
(b) All card-minding system approved by the
commission and in use prior to the effective date of this rule, which have not
been subsequently changed or modified, shall be exempt from the requirement in
(a) above, and may remain in use without being reapproved by the commission.
(c) Except as allowed by (d) below, a
card-minding system that has been changed or modified shall not be sold, leased
or otherwise furnished to any person for us in the conduct of bingo unless it
has undergo additional testing and commission approval in accordance with (a)
above.
(d) A manufacturer may conduct routine
maintenance activities and replace secondary components of a card-minding
device system without prior commission approval or additional testing as long
as this activity does not affect the operation of any proprietary software or
the manner in which a bingo game is played.
(e) If the manufacturer, distributor, charitable
organization or commission detects or discovers any defect, malfunction, or
problem with the card-minding device system that affects the security or the
integrity of the bingo game or card-minding device system, the manufacturer,
distributor, or charitable organization shall immediately discontinue its sale,
distribution and use until the defect has been corrected or resolved.
(f) A card-minding system shall consist of the
following:
(1)
A card-minding device that is used by a player to monitor bingo cards
played at a bingo event, and which:
a.
Provides a means for the player to input or monitor called bingo
numbers;
b.
Compares the numbers entered or received against the numbers on the
bingo cards stored in the memory of the device or loaded or otherwise enabled
for play on the device; and
c.
Identifies any winning bingo pattern(s) and prize levels; and
(2)
A site system that consists of
computer hardware, software, and peripheral equipment, that is located
at the bingo premises, is controlled by the game operator conducting bingo, and
interfaces with, connects with, controls, or defines the operational parameters
of card-minding devices, and includes the following components:
a.
A point of sale station and an
internal accounting system and database that is capable
of recording the charitable organization’s sale of all charitable gaming
supplies;
b.
A caller station verifier that is able to verify winning cards;
c. Printers;
d. Remote access capability;
e. Proprietary executable
software; and
f.
Report generation software.
(g) Card-minding devices shall:
(1)
Have a unique, permanent identification number that is coded into the
software of the card-minding device, or have a unique identification number
secured by password or code and accessible only by use of such password or
code;
(2) Automatically transmit its
identification number to the site system or be known by the site system, to be
recorded on the transaction log, each time the device is involved in a
transaction with the site system;
(3)
Be designed in such a manner to allow for one or more of the following
daubing features:
a.
Manual ball call, which requires the player to identify and enter the
numbers as they are called, and enable the player to correct numbers entered in
error;
b.
Ball call confirm which requires the broadcast of the ball call
information to the card-minding device, and then the player must confirm by
performing an action or entering each ball call;
c.
Semi-auto daub which requires the broadcast of the ball call information
to the card-minding device, much like the ball call confirmation except that a
single action will daub all outstanding ball calls; or
d.
Auto daub, which requires the broadcast of the ball call information to
the card-minding device;
(4)
Recognize bingo numbers called and electronically daub all activated
bingo cards containing those numbers loaded on the device;
(5)
Allow the player to cancel or correct any numbers entered in error when
the device requires the player to manually enter ball call numbers;
(6)
Recognize and display all winning bingo patterns achieved;
(7)
Be programmed to only allow bingo cards purchased and loaded and enabled
for play during a bingo event, to be in play during that event;
(8)
Be programed to only allow bingo faces sold and loaded and enabled
during an open bingo session, to be in play during that open session,
(9) Networked in such a manner that addresses issues
of confidentiality, integrity and availability.
(h) A card-minding system shall not:
(1) Allow a player to modify cards that are loaded and enabled
for play;
(2)
Track and store any winnings from authorized bingo games;
(3)
Replay any winnings;
(4)
Be used to credit the player's winnings;
(5)
Be used to purchase or play lucky 7 tickets;
(6)
Be used for video confirmation of lucky 7 tickets; and
(7)
Be used:
a.
To generate or determine the random letters, numbers, or other symbols
used in playing the bingo card played with the device's assistance;
b.
As a receptacle for the deposit of tokens or money in payment for
playing the bingo card played with the device's assistance; or
c.
As a dispenser for the payment of a bingo prize, including coins, paper
currency, or a thing of value for the bingo card played with the device's
assistance.
(i) When applicable,
a card-minding device utilizing a customer account shall:
(1)
Not permit customers to purchase any bingo equipment other than
electronic bingo cards for play on the card-minding device; and
(2)
Display the account balance at all times.
(j) The site system shall:
(1)
Be designed so that reports maintained or otherwise available for
generation by the card-minding system may be downloaded or accessed at any time
by the commission via a remote connection for the verification of the
operation, compliance and internal accounting systems;
(2) Include an internal accounting system
that is capable of recording the charitable organization’s sale of card-minding
devices and bingo cards and sheets;
(3)
Be capable of recording and storing:
a.
All transactions affecting a card-minding device;
b.
The device ID number for each transaction affecting the card-minding
device; and
c. The
date, time, quantity of electronic bingo cards affected, price per card or
package, package number, and transaction number for each of the following
transactions:
1.
Loading of cards; and
2.
Voiding of cards;
(4)
Not allow the exact duplication of cards on 2 different card-minding
devices, but may allow electronic bingo cards originally sold on one
card-minding device to be reloaded on a different card-minding device, provided
that the original device was removed from play and the site system recorded the
transaction as a reload;
(5)
Not be able to engage in any type of sale, void, or reload transaction
for a card-minding device unless a functioning card-minding device or a
programmable memory device that inserts into a card-minding device is connected
with the site system;
(6)
Ensure that, for voided transactions, all electronic bingo cards are
erased or deactivated;
(7)
Upon completion of each transaction, not allow any transactional
information to be changed within the accounting system or database, including
date, time, quantity of electronic bingo cards, price per card or package,
package number, or other source information;
(8)
Prevent and identify duplicate device identification numbers;
(9)
Recognize the device identification number of the card-minding device,
and record and store that number on the transaction log for each and every
transaction that directly affects that device;
(10)
Have a database backup and recovery system to prevent loss of transactional
information in the event of power failures or any disruptive event;
(11) Not allow
a player or operator to select specific cards from a perm of bingo cards to be
sold or played, if such selection provides a material advantage to the player or
operator;
(12)
Record a sequential transaction number or audit tracking number for
every transaction, which cannot be changed or reset manually;
(13)
Be capable of producing:
a.
A receipt;
b.
A transaction log; and
c. A
complete summary report(s) after each bingo event;
(14) Not erase or overwrite any of the
required bingo event information until its detail information and summary
information is transferred to a secondary storage medium;
(15)
Be capable of storing and printing detailed bingo event reports and
summaries on demand, which includes a separation of revenues collected from
carry-over coverall and winner-take-all games;
(16)
Not allow a card-minding device to enable and play more than 108 card
faces for any one regular bingo game; and
(17)
Be capable of maintaining all required reports and information for a
period of 2 years.
(k) If the site system is designed to incorporate
the use of a customer account, the system shall include the following requirements:
(1)
All communications regarding transactions between the bingo card-minding
device and the site system shall be secured by use of a unique personal
identification number (PIN) established by the player;
(2)
All transactions shall only be processed after the site system confirms
the identity of the player;
(3)
Each transaction made by a player from their customer account shall be
recorded, and include the transaction number, transaction dollar amount, time
and date, quantity and type of product purchased, and customer's account
number;
(4)
The system shall not be used to track and credit a customer's account
with bingo prizes won;
(5)
Additional funds may be added to the customer's account only at a
point-of-sale station;
(6)
The system shall generate financial reports for customer account
activity that includes:
a.
The customer account number;
b.
The initial amount of funds placed in the account;
c.
Each transaction including quantity and type of bingo product(s)
purchased, dollar amount, time and date, any ending balance, bingo worker login
information; and
d
If balance was refunded at end of the bingo event, or retained by the
organization as other income; and
(7)
Provide a receipt for each customer transaction that contains the
following disclaimer: "Any funds remaining in your customer account that
you do not claim by the end of the bingo event will be kept by the licensed
charitable organization. Please allow enough time before the end of the bingo
event to claim your funds on your account."
(l) The card-minding system network shall employ
sufficient security safeguards to ensure that:
(1)
Any restrictions or requirements authorized by the commission or any
approved proprietary software are protected from alteration; and
(2) Confidentiality methods guard against
data theft during network eavesdropping, or unauthorized usage of the network
by non-intended devices and minimizes interference from other networks;
(3)
Integrity methods provide delivery of accurate data to system devices;
and
(4)
Availability methods provide a good functioning network during gaming.
(m) To obtain approval of a card-minding system,
a manufacture shall:
(1)
Submit the proposed system to an authorized testing laboratory for
validation testing, and obtain written certification that confirms the system’s
complies with this chapter;
(2)
Submit a written request for approval of the system along with a copy of
the laboratory certification; and
(3)
Demonstrate the system to the commission, if requested to do so.
(n) The commission shall approve a card-minding system when the
system is found to meet the requirements of RSA 287-E, and this chapter.
(o) When a distributor leases, sells or otherwise
furnishes a card-minding system to a licensed charitable organization, the
distributor shall provide written notice to the commission that includes:
(1)
The distributor’s name and contact information;
(2)
The name of the licensed manufacturer, model and version number of the
card-minding system;
(3)
The name of the licensed charitable organization to whom the
card-minding system was sold, leased, or otherwise furnished;
(4)
The location where the card-minding system will be located;
(5)
The expected startup date for use of the card-minding system;
(6)
The total number of card-minding devices installed at the bingo
premises;
(7)
The modem number or IP address and protocol for remote access, if
applicable; and
(8)
A certification statement from the manufacturer that the remote
connectivity is operating properly.
(p) Before the complete removal or hardware
up-grade of any card-minding system, the distributor shall supply one copy of
the data files to each licensed authorized organization that utilized the
card-minding system and maintain one additional copy for a period of 2 years.
Source. (See Revision
Notes #1 and #2 at chapter heading for Pari 1000) #10928, eff 9-10-15
Pari 1007.04 Shared Carryover Coverall Systems for
Simulcasting Games.
(a) A shared carryover coverall game shall only
be simulcast using audio and video technologies that have been approved by the
commission.
(b) The audio and video technology used to link
the facilities may include cable, internet, satellite, broadband, or telephone technology,
or any other means of electronic transmission that ensures the secure,
accurate, and simultaneous transmission of the announcement of numbers or
symbols in the game from the host hall to the participating hall(s).
(c) At a minimum, the equipment used to link the
facilities shall:
(1) Record the video and audio of the shared
carryover coverall game;
(2) Support remote sales units that immediately
communicate all sales directly to the main shared bingo game system computer;
(3) Meet the “International Technical Standards
for Electronic Gaming Machines” (Version 1.0, 10-28-14) set forth by the
International Association of Gaming Regulators (IAGR), where applicable,
available as noted in Appendix B;
(4) Include a backup communication system that
allows the participating halls to notify the host hall of any breakdowns in the
system; and
(5) Include an automatic or manual backup system
to save all sales, financial, and game data.
(d)
To obtain approval of a shared carryover coverall system, a licensed
manufacturer shall submit the following:
(1)
A written request to the commission on company letterhead; and
(2)
A copy of the certification from
an independent laboratory that includes:
a. A detailed
description of the equipment and related software applications that were
tested, including applicable model number of specific equipment and the
software version of the application used for testing;
b. A specific
reference to the standard being tested and a statement that the equipment meets
the standard, including the “International Technical Standards for Electronic
Gaming Machines” (Version 1.0, 10-28-14) set forth by the International
Association of Gaming Regulators (IAGR), as applicable, available as noted in
Appendix B;
c.
Certification that the systems meets the applicable requirements of RSA
287-E and this chapter; and
d. Any
additional findings or issues of concerns that might affect the performance or
play of the equipment;
(e)
The commission shall approve a request submitted in accordance with (c)
above when the system complies with RSA 287-E and this chapter.
(f)
Except as allowed by (f) below, a shared carryover coverall system that
has been changed or modified shall not be sold, leased or otherwise furnished
to any person for us in the conduct of bingo unless it has undergo additional
testing and commission approval in accordance with (a) above.
(g)
A manufacturer may conduct routine maintenance activities and replace
secondary components of a card-minding device system without prior commission
approval or additional testing as long as this activity does not affect the
operation of any proprietary software or the manner in which a bingo game is
played.
(h) If the
manufacturer, distributor, charitable organization or commission detects or
discovers any defect, malfunction, or problem with the card-minding device
system that affects the security or the integrity of the bingo game or card-minding
device system, the manufacturer, distributor, or charitable organization shall
immediately discontinue its use until the defect has been corrected or
resolved.
Source. #12130, eff
3-10-17
Pari 1007.05 Game
Patterns.
(a) Only game patterns that have been approved by
the commission shall be used in a game of bingo.
(b) To obtain
approval of a bingo game pattern that has not previously been approved by the
commission, the charitable organization
shall submit a written request to the commission that includes:
(1) A written description of the proposed game; and
(2) A sample of the proposed game pattern design.
(c) The commission
shall approve a games
pattern design if:
(1) The game can be understood by the player;
(2) The odds of winning are not weighted against the player;
(3) The cumulative prize
value does not exceed the limit specified in RSA 287-E:7, XI, except for
winner-take-all or carryover coverall games; and
(4) The game otherwise meets the requirements of
RSA 287-E and this chapter.
(d) Bingo game
patterns approved for one
charitable organization may be used by any other charitable organization
without additional authorization.
Source. (See Revision
Notes #1 and #2 at chapter heading for Pari 1000) #10928, eff 9-10-15;
renumbered by #12130 (from Pari 1007.04)
Pari 1007.06
House Rules.
(a) A charitable organization shall adopt and follow house rules that do
not violate RSA 287-E or this chapter, and address a minimum of the following:
(1) What
constitutes a bingo and whether or not the last number called need be involved;
(2) The responsibility of the bingo player to
make it known to the game officials that the player has a bingo;
(3) Reserved seats;
(4) The start
and end time for purchasing bingo cards;
(5) Availability, use and sale of special
cards for the blind or handicapped;
(6) Card exchange, if allowed;
(7) If the charity uses a mixing machine, whether
or not the mixing machine will be shut off before a bingo has been verified or
during a progressive bonus game;
(8) Whether or
not regular card purchase is necessary to play the winner-take-all game;
(9) What constitutes an official ball, such as
requiring that both the letter and number be announced by the caller before a
ball is considered official, even if the ball has been shown on the video
monitor;
(10) Smoking/non-smoking policy which shall
comply with RSA 155:66 through RSA 155:70;
(11) Use of a
card-minding device that allows a player to play several cards at the same
time;
(12) The carryover coverall consolation prizes
and the manner in which they will be awarded;
(13) The effective date of the house rules;
(14) The
criteria for awarding the free plays;
(15) The name of a member of the charitable
organization to be contacted by a player with comments, concerns or questions;
and
(16) That the bingo game will be conducted
in accordance with RSA 287-E and this chapter.
(b) In addition to the requirement in Pari
1003.02(d)(1)d. and (2), the charitable organization shall file any amended house rules with the commission
at least 30 days prior to the first bingo event at which the amendments are
scheduled to take effect.
(c) The commission
shall approve the organization’s house rules when such rules comply with the
requirements of (a) above and otherwise meets the requirements set forth in RSA
287-E and this chapter.
(d) Prior to the start of the first game of a
bingo event, the charitable organization shall ensure that a public
announcement is made letting players know where copies of the house rules are
located and how copies can be obtained.
Source. (See Revision
Notes #1 and #2 at chapter heading for Pari 1000) #10928, eff 9-10-15; renumbered
by #12130 (from Pari 1007.05)
Pari 1007.07 Game Schedules.
(a) A charitable organization shall only play bingo
games as identified on a game schedule approved by the commission pursuant to
this section.
(b) To obtain commission approval, the charitable organization shall submit a proposed game schedule that included the following
information:
(1) The name
of the charitable organization that
will be sponsoring the game(s);
(2) The name of
the member of the charitable organization designated to act as the gaming
manager, in accordance with Pari 1006.04(d). ;
(3) The date(s), day(s) of the week, and time(s)
that the game schedule will be in effect;
(4) The location where the proposed game(s) will be held;
(5) The list of all the proposed games in the
order in which they will be played;
(6) If the game scheduled includes a shared bingo
game, an indication of where the game appears on the schedule, and the name of
the host hall and participating halls;
(7) The prices for each card, sheet or packet to
be sold, including the number and price for each card, sheet included in each
package;
(8) The fee charged for using a card-minding
device;
(9) The prizes, tokens or awards, including
door prizes and free play offers, to be offered, and any factors used to
determine the prize payout structure for each game;
(10) The estimated number of players attending;
and
(11) Whether prizes are subject to increase
or decrease based on actual attendance.
(c) In addition
to the requirement in Pari 1003.02(d)(1)e. and (2), the charitable organization
shall file any amended game schedule
with the commission at least 30 days prior to the first bingo event at which
the amendments are scheduled to take effect.
(d) The commission shall approve a game schedule or revised
game schedule request if the games contained in the request comply with the
standards for games set forth in RSA 287-E and this chapter.
(e) The
criteria for awarding each type of free play shall be submitted to the
commission prior to offering the free play.
Source. (See Revision Notes
#1 and #2 at chapter heading for Pari 1000) #10928, eff 9-10-15; ss by #12130,
eff 3-10-19 (from Pari 1007.06)
PART Pari 1008
GAME OPERATIONS
Pari 1008.01 Documents to be Displayed. The following documents shall be prominently
display within the hall in areas that are accessible to and easily seen by the
public, including in the immediate area where the bingo games are played:
(a) The current
bingo license of the charitable organization hosting the game;
(b) The license
issued to a commercial hall where the games are conducted, if applicable;
(c) A copy
of the approved game schedule or
revised game schedule;
(d) A sign advising
the public of the phone number where complaints related to charitable gaming
may be made; and
(e) At least
2 copies of each of the following:
(1) RSA 287-E;
(2) This
chapter; and
(3) The
organization’s house rule’s developed in accordance with Pari 1007.05 above.
Source. (See Revision
Notes #1 and #2 at chapter heading for Pari 1000) #10928, eff 9-10-15
Pari
1008.02 Auxiliaries.
(a) Auxiliaries are any group of people
functioning in a subsidiary capacity to assist the primary charitable
organization.
(b) Auxiliaries may assist the primary charity in
the operation of a bingo game if all of the following are true:
(1) The
auxiliary has been in existence for 2 years;
(2) The
auxiliary was not formed for the primary purpose of operating bingo games; and
(3) The auxiliary
does not hold a bingo license in its own name.
Source. (See Revision
Notes #1 and #2 at chapter heading for Pari 1000) #10928, eff 9-10-15
Pari 1008.03 Operations of a Bingo Game.
(a) Pursuant to
RSA 287-E:1, V-a, bingo shall only be played at a licensed commercial
bingo hall, or at a facility owned by a charitable organization or governmental
subdivision.
(b) Pursuant to RSA 287-E:7, IX, the charitable
organization shall not charge a fee for admission to bingo games.
(c) The charitable organization shall not charge
for any door prize ticket.
(d) The total value of any individual door prizes shall not:
(1) Exceed $500.00; and
(2) Be pro-rated over multiple bingo events to meet
the $500 limit.
(e) Except as allowed by RSA 287-E:10 and RSA
287-E:13, no individuals under 18 years of age shall be allowed in the gaming area while a bingo game is being conducted.
(f)
Only individuals authorized in accordance with RSA 287-E:7, I and RSA 287-E:10-13 shall operate
bingo games.
(g) Each person working at a bingo game shall wear an identification
badge that shall bear the worker's name and the name of the charitable
organization of which that person is a member.
(h) Pursuant to RSA 287-E:7, VIII, the price of a
single bingo card, whether sold individually or as part of a sheet or packet,
shall not exceed $1 per card per bingo event. Individual games which offer a
multiple prize payout, based on prizes normally offered, shall also not exceed $1 per card per bingo event.
(i) The charitable organization
shall allow anyone to purchase a minimum of one card, sheet or packet depending
on what is being sold at a particular bingo game and shall not charge anyone
more than the maximum price as specified in (h) above.
(j) Prior to the calling of the first ball draw
of each game, the criteria to win, including the winning game pattern, and the
prize amount for each game shall be clearly described and audibly announced.
(k) With the exception of concealed-face games,
no bingo cards or sheets shall be sold for use in any game after the first ball
has been called for that game.
(l) Except as allowed by (m) and (n) below, the charitable organizations shall use:
(1) A lighted game board; and
(2) A mixing machine.
(m) A charitable
organization may request a waiver of the requirements of (l) above, by submitting a written request to the commission, which
documents:
(1) That the
organization has been conducting bingo for a period of less than 2 years; or
(2) Through
financial statements, that the rental or purchase price of the equipment would
exceed a good faith estimate of
net revenue during the license period.
(n) The commission shall approve a request
submitted in accordance with (m) above when the commission determines that:
(1) The
charitable organization has conducted bingo games for a period of less than 2
years; or
(2) The rental or
purchase price of the equipment exceeds a
good faith estimate of net revenue during the license period.
(o) When a lighted game board and mixing machine are in use,
prior to the first bingo game of the day, the caller or operator shall announce
that all of the balls are in the rack and are available for inspection by
anyone who wishes to inspect the system.
(p) The caller or operator
drawing the bingo balls during each game shall:
(1) Draw one ball at a time;
(2) Have no discretion over which ball is drawn;
(3) Announce the number drawn simultaneously to all players,
in such a manner that a typical player would be able to hear the number being
called;
(4) After each ball is drawn:
a. Display the ball in a manner that makes the
ball visible to players throughout the gaming area, such as through the use of video
monitors; and
b. Indicate the ball using the lighted game
board, unless the requirement of a lighted game board is waived in
accordance with (m) and (n) above; and
(5) Not use any electronic device capable
of receiving communication by voice, text, or email.
(q) The charitable organization shall announce the total attendance and total amount of money
collected in sales relating to any winner-take-all game prior to the start of
any winner-take-all game.
(r) As specified in Pari 1109.01(c)(9) below, the
charitable organization shall issue a separate check for each winner-take-all
and bonus prize of $500 or more. Prizes of less than $500 may be paid in cash.
(s) In accordance
with RSA 287-E:7, XI, all prizes, tokens, or awards used, given, offered or
awarded in connection with any game or series of games conducted at the same
bingo event shall not exceed the total value of $4,000, up to $500 of which may
be provided by the commercial hall, except that:
(1) In accordance with RSA 287-E:7, XIII, during
any game or series of games conducted at any one bingo event by a charitable
organization, no more than 4 winner take all games may be conducted in which
the total amount paid by the players shall be divided among the winners of that
game; and
(2) In accordance with RSA 287-E:7, XV, a
progressive coverall game or a shared carry-over coverall game shall not have a
total of prize and bonus combined exceeding $3,000.
(t) The charitable
organization may offer prizes including door prizes, tokens or awards, provided
that the amount of those prizes, tokens or awards are calculated as part of the
daily prize limit specified in (s) above.
(u) The value of
free plays awarded shall not be included as part of the daily prize limit specified in (s) above.
(v) The
charitable organization shall include the wholesale cost of any door prize,
token or award in the daily prize limit.
Source. (See Revision
Notes #1 and #2 at chapter heading for Pari 1000) #10928, eff 9-10-15
Pari 1008.04 Operations of a Carryover Coverall Game.
(a) The carryover coverall bingo game prize money
shall be rolled over to a successive bingo event in the event there is no
winner on the original or preceding bingo event.
(b) The carryover
coverall bingo game prize money shall accumulate until there is a winner.
(c) If there
is no winner on a given bingo event, a pre-designated consolation prize amount
shall be awarded to the game winner who first achieves coverall.
(d) No bonus
prize shall be included in the carryover coverall bingo game prize payout.
(e) Other bingo game configurations may be played
concurrently with the coverall bingo game.
(f) The carryover
coverall bingo game shall be a winner-take-all game.
(g) The carryover
coverall bingo prize shall:
(1) Be organization specific; and
(2) Not be
transferable between charitable organizations playing within a given hall.
(h) As specified in Pari 1009.01(a) below, the
charitable organization shall maintain a separate bank account at a financial
institution with at least one office in New Hampshire into which all carryover
coverall funds are deposited.
(i) Withdrawals from
the carryover coverall account shall require the signature of both the charitable
organization’s treasurer and chairperson or their designee(s).
(j) Prior to completion of the last bingo event
played by a charitable organization at a given location, the entire accumulated
carryover coverall jackpot shall
be awarded unless the commission waives that requirement for good cause shown
as specified in (k) and (l) below.
(k) As specified in (j) above, the charitable
organization shall submit a written waiver request specifying:
(1) The reason
that the carryover coverall jackpot was not awarded on the last bingo event
played at a given location; and
(2) The
alternate method to be used to award the carryover coverall jackpot including
the date and location.
(l) The
commission shall approve a request for a waiver submitted in accordance with
(k) above when the commission determines that:
(1) The reason
that the carryover coverall jackpot was not awarded on the last bingo event
played at a given location was:
a. Due to an
event beyond the control of the charitable organization;
b. In the best
interests of the public; or
c. In the best
interests of the charitable organization; and
(2) The carryover
coverall jackpot will not be retained by the charitable organization and will
be awarded at a licensed bingo game within 30 days of the date the jackpot was
supposed to be awarded.
(m) A charitable organization may carryover its
carryover coverall bingo game prize from one licensed bingo event to another
licensed bingo event regardless of which day or days of the week which the
bingo game is operated, provided that:
(1) Each
licensed bingo event, wherein the carryover coverall bingo game prize is
operated, shall be at the same location;
(2) The
charitable organization shall post in a prominent place at its location, no
less than 7 days in advance, its intention to offer the carryover coverall
bingo game prize from one licensed bingo event to another licensed bingo event;
(3) The
charitable organization shall notify the commission, no less than 7 days in
advance, of its intention to offer the carryover coverall bingo game prize from
one licensed bingo event to another licensed bingo event;
(4) The
operation of the carryover coverall bingo game prize shall not be changed or
amended in any way, until the existing jackpot in play is won and fully
disbursed; and
(5) The
carryover coverall bingo game prize must remain in the same checking account as
was originally designated prior to the carryover from one licensed bingo event
date to another licensed bingo event.
(n) In the event the charitable organization’s
license expires, is not renewed, is suspended, revoked or surrendered, or if
the organization permanently terminates its bingo operations or terminates it
operations at a particular location before a carryover coverall jackpot is
awarded, the organization shall:
(1) Determine a
winner and award the jackpot on the licensee’s last authorized bingo event at
the location where the carryover coverall was started, regardless of the number
of balls called; or
(2) Allow the
jackpot to be awarded at a single bingo event hosted by another licensed
charitable organization within 3 weeks of the revocation, the date of which
shall be publically advertised for a minimum of one week prior to the event.
Source. (See Revision
Notes #1 and #2 at chapter heading for Pari 1000) #10928, eff 9-10-15
Pari
1008.05 Operations
of a Shared Carryover Coverall Game.
In addition to the requirements in Pari 1008.04 above, a shared
carryover coverall game shall comply with the following:
(a) Prior to
conducting a shared carryover coverall game, all parties shall enter into
written agreements which include:
(1) The effective
dates of the agreement and the protocol for early termination of the agreement;
(2) The time
and day of the week when the games will be shared;
(3) The
location where the game will be simulcast to and from;
(4) A detailed
breakdown of all costs associated with the running of the shared bingo games,
including details of how expenses and proceeds of the game are to be allocated
among the participating organization;
(5) A clear indication of the equipment that will
be provided by the host hall, and that which the participating hall will
provide;
(6) How game records are to be maintained; and
(7) The procedure for either party to amend or
terminate the conditions of the contract;
(b) The host hall shall provide a copy of the
agreement required by (a) above to the commission:
(1) Within 7 calendar days of entering into a new
or revised agreement; and
(2) At least 30-days prior to first shared
carryover coverall game the participating hall will be participating in under
the agreement;
(c) The host hall shall notify the commission
within 7 days of any changes to its agreements with any participating hall(s),
including the initiation or termination of any such agreements;
(d) Only one shared carryover coverall game shall
be permitted per bingo event, and in conjunction with a complete bingo program;
(e) In the event that there is no winner:
(1) The prize money shall be carried over to the
next game date held at the same time and day of the week, and continue to
accumulate until there is a winner;
(2) A pre-designated consolation prize may be
awarded to the first person who achieves coverall; and
(3) No bonus prize shall be included in the prize
payout;
(f) The number
shall be selected by a live person. A random number generator shall not be
permitted;
(g) Shared
carryover coverall shall be played using traditional paper or tangible bingo
cards and daubers, and shall not be played using electronic devices, with the
exception of card-minding devices;
(h) A player
shall be limited to 18 cards, or “faces”;
(i) Cards shall not be distributed free,
discounted or be included as part of a package sale;
(j) In the event a connection is interrupted or
lost:
(1) The game shall be suspended at all
participating halls until such time as the live feed is restored, provided the
interruption does not cause a competitive disadvantage to some players by
reducing their chances of winning; or
(2) The game shall be cancelled and the players
refunded when the feed is not restored within 2 hours, or the interruption
causes a competitive disadvantage to some players by reducing their chances of
winning;
(k) No individual, corporation, partnership, or other
legal entity, except the organization authorized to conduct or participate in a
remote caller bingo game, shall hold a legally cognizable financial interest in
the conduct of that game;
(l) All prizes, excluding consolation prizes,
shall be paid by check within 72 hours of the awarding of the prize;
(m) The receipts of the bingo game shall be used
only for charitable purposes. The organization conducting the game shall
determine the disbursement of the net receipts of the game; and
(n) Gross revenue, before prizes, shall
be distributed as follows:
(1) The host hall shall retain the profit
percentage set by the commission in accordance with RSA 287-E:13-a, which shall
not be less than 7%;
(2) Participating halls shall retain the profit
percentage set by the commission in accordance with RSA 287-E:13-a, which shall
not be less than 7%;
(3) Seven percent shall be retained to pay the
bingo tax required by RSA 287-E:8; and
(4) The remainder to be returned to the players
as prizes.
Source. #12130, eff
3-10-17
Pari 1008.06 Bingo Games Conducted at Agricultural Fairs.
(a) A charitable organization may operate bingo
at an agricultural fair when designated to do so by the organization conducting
the fair.
(b) In accordance with RSA 287-E:10, bingo games
shall only be conducted on those days during which the agricultural fair holds
its annual bona fide agricultural exhibition.
(c) All applicable provisions of RSA 287-E and this chapter shall apply to bingo
games conducted at agricultural fairs, with the following exceptions:
(1) As allowed
by RSA 287-E:10, IV, individuals under 18 years of age may be admitted to the
premises on which the bingo games are being conducted when accompanied and
supervised by a parent or legal guardian, however, these individuals shall not
be permitted to play; and
(2) In
accordance with RSA 287-E: V, there are no limits on the total value of prizes,
tokens or awards given for any game or series of games.
(d) The charitable organization shall indicate on
its application submitted in accordance with Pari 1003.02 above which bingo events,
if any, will be held at an agricultural fair.
(e) In accordance with RSA 287-E:10, VII, the
organization conducting the agricultural fair shall not charge a higher ground
rent, a concession fee or any other fees to the licensed charitable organization
designated to operate the bingo games than it would charge for the same or
similar location for other types of concessions on the fair grounds.
Source. (See Revision
Notes #1 and #2 at chapter heading for Pari 1000) #10928, eff 9-10-15;
renumbered by #12130, eff 3-10-17 (from Pari 1008.05)
Pari
1008.07 When Lucky 7 Tickets are Sold
in Conjunction with a Bingo Event.
(a) A charitable organization may sell lucky 7
tickets in conjunction with a bingo event, as allowed by RSA 287-E:20 - 21, and
Pari 1106.03, only when:
(1) Authorized
by the commission, as indicated on the organization’s bingo and lucky 7
licenses; and
(2) The games
qualify as a bingo event as defined by Pari 1002.02.
(b) If the bingo event is cancelled or the
required games are not completed, the charitable organization shall notify the
commission in writing within 3 days of the cancelation, as required by Pari
1006.04(q).
(c) Lucky 7 tickets are intended to enhance and
not take the place of bingo games, and as such no charitable organization shall
cancel bingo events or otherwise fail to host viable bingo events for the sole
purpose of allowing the sale of lucky 7 tickets to take place.
(d) Lucky 7 tickets shall not be sold at a bingo
event that is not licensed by the commission, such as a senior bingo as
described in RSA 287-E:11.
Source. (See Revision Notes
#1 and #2 at chapter heading for Pari 1000) #10928, eff 9-10-15; renumbered by
#12130 (from Pari 1008.06)
PART Pari 1009
FINANCIAL AND REPORTING REQUIREMENTS
Pari 1009.01 Financial
Requirements for Charitable Organizations.
(a) Pursuant to RSA 287-E:9, IV, the charitable
organization shall maintain the following separate checking accounts at a
financial institution with at least one office in New Hampshire for the deposit
and disbursement of all income relating to bingo and lucky 7, except cash
prizes awarded at the games:
(1) A checking
account solely for depositing bingo and lucky 7 revenue; and
(2) A checking
account solely for depositing carryover coverall revenue.
(b) The charitable organization shall only use
the funds in the account specified in (a)(1) above for:
(1)
Expenditures related to bingo or lucky 7; or
(2)
Disbursement of bingo or lucky 7 proceeds for a charitable purpose for
which the organization is created.
(c) The charitable organization shall:
(1) Deposit all
receipts from bingo, except for cash used to make prize pay-outs of less than
$500 per prize, and the amount retained as a cash back, into the bingo account
within 2 days of the bingo event;
(2) Not commingle
bingo and lucky 7 funds with other funds of the charitable organization;
(3) Separately
identify money deposited from bingo and lucky 7 revenue;
(4) Pay all
expenses by consecutive numbered checks or electronic funds transfer;
(5) Not withdraw
funds by withdrawal slip or by writing checks payable to “cash;
(7) Not
transfer or deposit any funds, other than bingo or lucky 7 revenues, into the
account specified in (a)(2) above, except as allowed by (8) below;
(8) Transfer
the 7% reimbursement fee specified in Pari 1009.02(d) below from the account
specified in (a)(2) above to the account specified in (a)(1) above;
(9) Pay all
prizes of $500 or more by preprinted, consecutively numbered checks from the
account specified in (a)(1) above; and
(10) Retain all
cancelled checks for payment of expenses and prizes for at least 2 years.
(d) A charitable organization shall:
(1) Maintain
complete and accurate financial documentation related to the operation of bingo
games with sufficient detail to enable preparation and verification of the
monthly financial reports required by Pari 1009.03 below;
(2) Keep the
bank statements for the bingo account on the premises where the tickets are
sold;
(3) Retain financial documentation, including
receipts and invoices, relative to all revenue and expenses contained in the
financial reports required in Pari 1009.03 below, and all cancelled checks for
payment of expenses and prizes, for at least 2 years;
(4) For items provided or donated at no cost to
the organization, obtain and retain documented evidence from the donor that no
costs was incurred by the organization; and
(5) Make all
financial and account records, and inventory available upon request for
inspection by the commission or its authorized representative.
Source. (See Revision
Notes #1 and #2 at chapter heading for Pari 1000) #10928, eff 9-10-15
Pari 1009.02
Bingo Tax and Game Reimbursement Fee.
(a) Except for bingo games licensed under RSA
287-E:10 through RSA 287-E:13 and for prizes awarded under RSA 287-E:7, XV, the
charitable organization shall deduct and submit to the commission a tax equal
to 7 percent of the total amount collected from participants in any game,
including any winner take all game, conducted in accordance with RSA 287-E:7,
XIII.
(b) All charitable organizations shall deduct and
submit to the commission a 7% tax for all progressive coverall games pursuant
to RSA 287-E:7, XV based on the total amount contributed by the charitable
organization.
(c) The charitable organization shall submit the
7% tax required in (a) and (b) above to the commission as part of the monthly
financial report pursuant to Pari 1009.03 below.
(d) In accordance with RSA 287-E:7, XIII(e), a
game reimbursement fee equal to 7 percent of the total amount collected from
participants in a winner take all game shall be paid to the charitable
organization operating the game.
(e) The charitable organization shall disburse all the
monies received in winner-take-all
games, except for the 7% tax and
the 7% reimbursement fee as specified in (a)-(d) above.
(f) The
charitable organization shall
disburse all the monies received in
bonus games to the winners, except for the 7% tax as specified in (a)-(c) above.
(g) The charitable organization shall not deduct
any monies other than the tax and, if
applicable, the fee described in (d) above, from winner-take-all and bonus game prize pools for any other purpose
whatsoever.
(h) Charitable organizations that include winner-take-all
cards or sheets as part of a package sold for a single price shall not discount
the value of the winner-take-all cards and sheets when figuring the amount to
be assessed for total sales, tax and payout.
(i) The value of any
winner-take-all cards and sheets sold in packages sold for use with a
card-minding device shall be recorded at the same dollar amount as those sold
for use without a card-minding device.
Source. (See Revision
Notes #1 and #2 at chapter heading for Pari 1000) #10928, eff 9-10-15
Pari 1009.03 Reporting Requirements for Charitable
Organizations.
(a) Each licensed charitable organization shall complete and submit a “Bingo Monthly
Financial Report (BMFR)” (4/2016) to the commission to document the
organization’s income and expenses with regard to bingo activities.
(b) A licensed charitable organization shall
submit a report for each month in which the organization held a valid bingo
license.
(c) Pursuant to RSA 287-E:9, I, the charitable
organization shall submit the monthly report required by (a) above:
(1) Within 15
days after the expiration of each license when the license is issued on a
monthly basis in accordance with RSA 287-E:6, II(a); or
(2) Within 15
days after the last game of the month when the license is issued on an annual
basis in accordance with RSA 287-E:6, II(b).
(d) Failure to submit a BMFR within the timeframe
noted in (c) above, shall subject the charitable organization to a suspension
of the organization’s license per Pari 1005.02(a)(7).
(e) If a licensee has been identified through
inspection, audit, or other means as having deficiencies in complying with
statutory or regulatory requirements or having ineffective internal controls,
the commission shall impose restrictions or additional recordkeeping and
financial reporting requirements.
Source. (See Revision
Notes #1 and #2 at chapter heading for Pari 1000) #10928, eff 9-10-15
PART Pari 1010 PENALTIES
Pari
1010.01 Imposition of Penalties.
(a) Pursuant to RSA 287-E:14 and RSA 287-E:25,
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:30, II; or
(2) By agreement
in a settlement between the commission and the licensee made pursuant to Sw 200.
(c) The commission shall provide all notices, and
conduct all hearings in accordance with the requirements set forth in RSA
541-A, Sw 200, and this part, as applicable.
(d) 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.
(e) 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) Insure the integrity of
charitable gaming in New Hampshire.
Source. #12094, eff
1-27-17
Pari 1010.02 Administrative Fines.
(a) Pursuant to RSA 287-E:14, I, when the
commission imposes an administrative order or fine upon a person or entity for
a violation of RSA 287-E or this chapter, the order shall be scaled to
reflect the scope of the violation for
each offense.
(b) When the commission has determined that a
violation or violations of RSA 287-E, or this chapter have occurred, the
commission shall send a written notice of the proposed fine(s), by certified
mail or hand delivery, to the person, entity, applicant or licensee of the
commission’s intent to assess a fine.
(c)
The written notice required under (b) above shall contain the following
information:
(1) The violation(s) alleged by the commission
and the facts on which the allegations are based;
(2) The
statutory section(s) that authorize(s) the commissioner to impose a fine;
(3) The amount of the fine for each violation
sited and the total amount of fine(s) being sought; and
(4) The
respondent’s right to request an adjudicative hearing prior to the imposition
of the fine.
(d)
In accordance with RSA 287-E:14, II, any administrative fine imposed
under this section shall not preclude the imposition of further penalties or
administrative actions under RSA 287-E or this chapter.
Source. #12094, eff
1-27-17
Pari 1010.03 Administrative Fine Schedule.
(a) For the purposes of this section, a “minor
violation” means conduct, action, or failure to act by any person, entity,
applicant, or licensee that was not:
(1)
Of a nature, quality, or extent to effect or potentially effect 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.
(b)
Minor violations shall include, but not be limited to:
(1) Failing to
prominently display documents, as required by Pari 1006.04(b);
(2) Failing to make an
announcement prior to the start of the game letting players know where to find
copies of the house rules, and how copies can be obtained, as required by Pari
1007.05(d);
(3) Allowing
individuals under the age of 18 on the premises where bingo is being conducted,
as prohibited by Pari 1008.03(e); or
(4) Failing to wear a properly issued
identification badge, as required by Pari 1008.03(g).
(c) 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.
(d) 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 define in (a) above, but do not meet the level of severity of a major
violation, as define in (g) below.
(e)
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:
(3) Operating a game on a different date than the
dates authorized by the license, without approval of the commission;
(4) Failing to maintain the bingo equipment in
proper, working order, as required by Pari 1006.05(c);
(5) Failing to display the ball in a manner that
makes the ball visible to players throughout the gaming area, or indicating the
ball using a lighted game board as required by Pari 1008.03(p)(4); or
(6) Committing 3 or more minor violations within
2 years.
(f) 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.
(g) 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 effect 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.
(h)
Major violations shall include, but not be limited to:
(1) Establishing, maintaining, operating, or
otherwise offering a bingo event without a license, or with a suspended
license;
(2) Falsifying a bingo license;
(3)
Failing to make available any records required by the commission for
investigation, monitoring or licensing purposes, as required by Pari
1009.01(d)(5);
(4)
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;
(5) Failing to cooperate during any visit
authorized under RSA 287-E or this chapter;
(6) Failing to maintain a separate checking
account at a NH financial institute for bingo and lucky 7activities, as
required by Pari 1009.01(a); or
(7) Committing 5 or more minor violations or 3 or
more moderate violations within 2 years.
(i) 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.
(j) In determining the actual amount of a fine,
the commission shall consider:
(1) The degree
of non-compliance;
(2)
Prior history of violations of the same or similar nature;
(3)
The consequences of the violation, including the economic impact to the
state and other affected parties;
(4)
The nature and persistence of the violation;
(5)
The extent of any remedial or corrective action taken;
(6)
The good or bad faith exhibited by the cited individual(s);
(7)
Evidence that the violation was willful;
(8)
The extent to which the individual cooperated with the board's
investigation;
(9)
The cost of any investigation or hearing conducted by the
commission;
(10)
The licensee’s ability to pay a fine assessed by the commission;
and
(11) Any other mitigating or
aggravating factors.
(k) Except as
otherwise noted, the penalties prescribed in (a)-(j) 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
described in Pari 1010.01(a) above is issued and continuing for each day of
non-compliance, or until the date of compliance.
(l) Payment of any imposed
administrative fine to the commission shall meet the following requirements:
(1) If the recipient of a notice described in Pari
1010.01(a) 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 15 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.
(m) 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
or a basis for denying a subsequent license or renewal application or a basis
for judicial action seeking to collect the fine.
(n) If a licensee or respondent fails to pay a
fine in accordance with (l) 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.
(o) If a licensee corrects and then subsequently
repeats a violation for which a fine was previously issued in accordance with
(a)-(n) above, the fine shall be doubled from that of the previous 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. #12094, eff
1-27-17
Pari
1010.04 License Revocation,
Suspension, and Refusal to Renew.
(a) The commission shall revoke, suspend, or
refuse to renew a license when, based upon the facts of the case, imposition of
an administrative fine would not protect the public’s interests.
(b)
If a reason exists, as set forth in (c) below, to suspend, revoke, or refuse to renew a license
the commission shall notify the licensee in writing of:
(1) The intended action;
(2) The reason(s) for the intended action;
(3) The licensee’s right to request an
adjudicative hearing to show compliance with all lawful requirements for the
retention of the license, and that such a request must be filed within 15 days
of the date of the notice; 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.
(c) Except as
allowed by (g) below, the commission shall proceed to revoke a license if the
commission determines that one or more of the following reasons for revocation
exist:
(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 or a manufacturer or
distributor allowing the required bond to lapse;
(2) Failure to take corrective action following
the suspension of a license;
(3) An
inability or unwillingness to comply with RSA 287-E, as it applies to bingo, 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
bingo games;
(5) Providing false information to the
commission, including willfully and knowingly making false statements or
makes false entries in any books or records with respect to any transaction
connected with the holding, operating, and conducting of any bingo 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;
(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-E or this
chapter; or
(15) Operating without a valid gaming license in
any state or commonwealth in the United States.
(d) 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.
(e) Failure to comply with (d) above shall
constitute separate grounds for further disciplinary action.
(f) In accordance with RSA 287-E:14, any licensee
whose license is revoked shall be ineligible for licensure for a period of up
to one year from the date of revocation.
(g) 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 exist; and
(4) The licensee
demonstrates that any corrective actions that were ordered by the commission
have been fully implemented.
(h)
The commission shall proceed to suspend a license if the commission determines
that one or more reasons to revoke as license, as described in (c) above,
exist, but:
(1) The licensee did not act with intent to
deceive; and
(2) The deficiency(ies)
can be corrected to conform to applicable requirements.
(i) 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 (l) below.
(j) Failure to comply with (i)
above, shall constitute separate grounds for further disciplinary action.
(k) 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.
(l) 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.
(m) If the commission does not grant the request for
reinstatement it shall so notify the petitioner and provide the opportunity for
a hearing.
(n) A suspension shall have no effect upon the
expiration of a license.
(o) If, after
receiving a request for renewal of a license, the commission has information
that indicates that a reason, as set forth in (c) above, exists to refuse to
renew the license, 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 for renewal.
(p) The commission
shall not issue a license until such time as the reason(s) for the refusal to
renew have been corrected.
Source. #12094, eff
1-27-17
Pari
1010.05 Immediate License Suspension.
(a) When the commission receives information
indicating that a licensee has supplied false or incomplete 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 Sw 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. #12094, eff
1-27-17
Pari
1010.06 Appealing a Decision.
(a)
Any person aggrieved by the commission’s decision to deny, suspend, or
revoke a license 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 Pari 1010.02(c) 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 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. #12094, eff
1-27-17
Pari
1010.07 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-E:15, any person
aggrieved by a decision of the commission to deny, suspend, or revoke a bingo
license may apply to the commission for a rehearing within 15 business
days from the date of the decision.
(c) In accordance with RSA541:4, 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. #12094, eff
1-27-17
Pari
1010.08 Subpoenas.
(a) In accordance with RSA 287-E:14-a, 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. #12094, eff
1-27-17
PART Pari 1011
WAIVER OF RULES
Pari
1011.01 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;
(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
beyond the approved period of time, 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
Notes #1 and #2 at chapter heading for Pari 1000) #10928, eff 9-10-15;
renumbered by #12094 (from Pari 1010.01)
APPENDIX A: STATUTES IMPLEMENTED
Rule |
Specific State Statute the
Rule Implements |
|
|
Pari 1001 |
RSA 287-E:3, XIV |
Pari 1002 |
RSA 287-E:3, XIV |
Pari 1002.10 |
RSA 287-E:2; RSA 287-E:3, XIV; and Chapter 276:121 of the Laws of 2015 |
Pari 1003 |
RSA 287-E:3, I- II-a, and IX; RSA 287-E:4, I; RSA
287-E:5; RSA 287-E:8-a |
Pari 1003.02(c) intro. & (c)(1) |
RSA 287-E:3, I and II, RSA 287-E:6 |
Pari 1003.02(d)-(e) |
RSA 287-E:3, I and II, RSA 287-E:6 |
Pari 1004 |
RSA 287-E:3, I- IV, and IX; RSA 287-E:4, I; RSA
287-E:5 |
Pari 1005 |
RSA 287-E:3, V, XII and XIV |
Pari 1006 |
RSA 287-E:3, V, VII, and XII-XIV |
Pari 1007 |
RSA 287-E:3, XII and XIV |
Pari 1008 |
RSA 287-E:3, V, XII and XIV |
Pari 1009 |
RSA 287-E:3, XII and XIV |
Pari 1010 |
RSA 287-E:3, XIV; RSA 287-E:14; RSA 287-E:14-a and
RSA 287-E:15 |
APPENDIX
B: INCORPORATION BY REFERENCE
Rule |
Title |
Obtain
At |
Pari 1007.04(d)(4) and (d)(2)b. |
International Technical Standards for
Electronic Gaming Machines, version 1.0 (2014) |
Available free of
charge on the International Association of Gaming Regulators’ (IAGR) website
found at: |