CHAPTER Pari 1200 GAMES OF CHANCE
Statutory Authority: RSA 284:12, X; RSA 287-D:1-b
REVISION
NOTE #1:
Document #9281, effective 9-24-08, was
an interim rule that made many changes to Pari 1200
in order to implement Chapters 285, 291, and 371 of the Laws of 2008. Document #9281 adopted some new rules and
amended some existing rules.
Specifically, Document #9281 readopted with amendments and renumbered Pari 1202.03 as Pari 1202.07, and
readopted with amendments Pari 1212.01, Pari 1212.02, and Pari 1214.01
through Pari 1214.04.
Document #9281 also renumbered, but did not readopt at that time, other
existing rules in Pari 1200, which retained the
effective dates from the prior documents affecting those rules.
New rules adopted by Document #9281
included:
Pari
1202.01 Pari
1202.12
Pari
1202.04 Pari
1215.08
Pari
1202.05 Pari
1217
Pari
1202.06 Pari
1218
Pari
1202.10
Existing rules amended, but not
readopted or renumbered, by Document #9281 included:
Pari
1201.02 Pari
1210.01
Pari
1205.01 Pari
1211.01
Pari
1205.02 Pari
1213.01
Pari
1205.03 Pari
1216.01
Pari
1207.01 Pari
1216.02
Pari
1207.02
Existing rules renumbered by, but not
contained in, Document #9281 included:
Former Number New Number
Pari
1202.01 Pari
1202.02
Pari
1202.02 Pari
1202.03
Pari
1202.04 Pari
1202.08
Pari
1202.05 Pari
1202.09
Pari
1202.06 Pari
1202.11
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 #10929, effective
9-10-15 readopted with amendments Pari 1200 and made
many changes to the wording, format, and numbering of the rules in Chapter Pari 1200 formerly adopted by the Pari-Mutuel
Commission. Document #10929 replaces all
prior filings affecting Pari 1200. The filings of the Pari-Mutuel Commission and
the Racing and Charitable Gaming Commission affecting the former Pari 1200 include the following documents:
#8691,
INTERIM, eff 7-25-06
#8804,
eff 1-20-07
#8921,
eff 6-27-07
#9281,
INTERIM, eff 9-24-08
#9413,
eff 3-12-09
#9882,
eff 3-3-11
#10575,
eff 4-18-14
#10792,
INTERIM, eff 2-26-15, EXPIRED 8-25-15
Prior
to the filing of rules in Document #10792, effective 2-26-15, many rules in Pari 1200 had expired 1-20-15 because they had not been
affected by filings after Document #8804, effective 1-20-07. The rules in Pari
1200 filed in Document #10792, effective 2-26-15, had expired as interim rules
on 8-25-15 until Pari 1200 was readopted with
amendments in its entirety by Document #10929, effective 9-10-15.
PART
Pari 1201 PURPOSE AND SCOPE
Pari 1201.01 Purpose. The purpose of this chapter is to establish
requirements for games of chance pursuant to RSA 287-D:1
through RSA 287-D:25.
Source. (See Revision
Notes #1 and #2 at chapter heading for Pari 1200) #10929,
eff 9-10-15
Pari 1201.02 Scope. This chapter shall apply to:
(a) Charitable organizations which hold or
sponsor games of chance;
(b) Any person acting as or otherwise performing
the duties of a primary or secondary game operator;
(c) Any person or entity acting as or otherwise
performing the duties of a game operator employer; and
(d) Any person or entity owning or leasing a
facility at which games of chance are held.
Source. (See Revision
Notes #1 and #2 at chapter heading for Pari 1200) #10929,
eff 9-10-15
PART Pari
1202 DEFINITIONS
Pari 1202.01 “Charitable organization” means “charitable
organization” as defined by RSA 287-D:1, IV, “namely any bona fide religious,
charitable, civic, veterans’, or fraternal or church organization, including
police and firemen’s organizations which shall have been registered with the
secretary of state for at least 2 years. A charitable organization shall not
include auxiliary units, committees, or other entities organized under the
auspices of a charitable organization eligible for licensure under this
chapter, when such auxiliary unit, committee, or other entity is organized for
the primary purpose of conducting games of chance.”
Source. (See Revision
Notes #1 and #2 at chapter heading for Pari 1200) #10929,
eff 9-10-15
Pari 1202.02
"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. #11088, eff
4-26-16
Pari 1202.03 “Games of chance” means “games of chance” as
defined in RSA 287-D:1, III, namely “any game involving gambling as defined by
RSA 647:2,II, or any lottery prohibited by RSA 647:1, but shall not include any
game involving the use of a slot machine or any other device in the nature of a
slot machine,
50/50 raffles as defined in RSA 287-A:1,III, or ice-out contests as defined in
RSA 287-D:1, VI.” Games of chance
include money wheel, roulette, craps, black jack, poker and similar card games.
Source. (See Revision Notes #1 and #2 at chapter
heading for Pari 1200) #10929, eff 9-10-15;
renumbered by #11088 (from Pari 1202.02)
Pari 1202.04 “Game operator” means “game operator”
as defined in RSA 287-D:1, VII, namely “a primary game operator or a secondary
game operator.”
Source. (See Revision Notes #1 and #2 at chapter
heading for Pari 1200) #10929, eff 9-10-15;
renumbered by #11088 (from Pari 1202.03)
Pari 1202.05 “Game operator employer” means “game operator
employer” as defined by RSA 287-D:1, VIII, namely “a primary game operator or a
business entity who employs, supervises, and controls game operators and who is
hired by a charitable organization to operate games of chance on its behalf.
The owner of 10 percent or more of the entity, partner, managing member, or
chief executive of a business entity who serves as a game operator employer
must be licensed as a primary game operator.”
Source. (See Revision
Notes #1 and #2 at chapter heading for Pari 1200) #10929,
eff 9-10-15; renumbered by #11088 (from Pari 1202.04)
Pari 1202.06 “Game procedures” means rules and
instructions governing the conduct of an authorized game of chance which
includes a description of how the game is played, and won.
Source. (See Revision
Notes #1 and #2 at chapter heading for Pari 1200) #10929,
eff 9-10-15; renumbered by #11088 (from Pari 1202.05)
Pari 1202.07 “House rules” means general
instructions governing the conduct of the gaming operation.
Source. (See Revision Notes #1 and #2 at chapter
heading for Pari 1200) #10929, eff 9-10-15;
renumbered by #11088 (from Pari 1202.06)
Pari 1202.08 “Monetary transaction” means to supervise,
manage and verify the amount of money received from buy-ins or re-buys and the
amount paid out in prizes, as well as depositing and withdrawing funds into an
account set up specifically for games of chance.
Source. (See Revision
Notes #1 and #2 at chapter heading for Pari 1200) #10929,
eff 9-10-15; renumbered by #11088 (from Pari 1202.07)
Pari 1202.09 “Primary game operator” means “primary game
operator” as defined in RSA 287-D:1, X, namely “any person other than a bona
fide member of the charitable organization, involved in conducting, managing,
supervising, directing, or running games of chance.”
Source. (See Revision
Notes #1 and #2 at chapter heading for Pari 1200) #10929,
eff 9-10-15; renumbered by #11088 (from Pari 1202.08)
Pari 1202.10 “Re-buy” means the fee paid by a
player to purchase additional chips.
This term includes “add-ons”.
Source. (See Revision Notes #1 and #2 at chapter
heading for Pari 1200) #10929, eff 9-10-15;
renumbered by #11088 (from Pari 1202.09)
Pari 1202.11 “Secondary game operator” means “secondary
game operator” as defined in RSA 287-D:1, XI, namely “any person other than a
bona fide member of the charitable organization, involved in dealing, running a
roulette wheel, handling chips, or providing accounting services or security
functions.”
Source. (See Revision
Notes #1 and #2 at chapter heading for Pari 1200) #10929,
eff 9-10-15; renumbered by #11088 (from Pari 1202.10)
PART Pari
1203 LICENSING
REQUIREMENTS
Pari 1203.01 Applying for a Charitable
Organization License.
(a) Pursuant to RSA 287-D:4, I, any charitable
organization that conducts games of chance shall obtain a license to do so,
regardless of whether the charity will be operating the games themselves or
hiring a game operator employer to operate the games on their behalf.
(b) Except as allowed by RSA 287-E:6, II, the charitable organization applying for a
games of chance license shall submit the following to the commission at least
60 days prior to the first proposed game date:
(1) A
completed “Application for a Games of Chance Charitable Organization License”
form (9/2016);
(2) The supporting documentation
specified in (c) or (d) below, as applicable;
(3) Payment
of the license fee of $25 per game date, pursuant to RSA 287-D:13,I; and
(4)
Documentation and payment for background and criminal record checks, as
required by RSA 287-D:12, V, for all
members of the organization who:
a. Engage
in monetary transactions or are otherwise responsible for overseeing the games
of chance; and
b. Operate
the games of chance, when the organization operates the games itself, in lieu
of hiring a game operator employer.
(c)
Except as allowed by (d) below, the supporting documentation required by
(b)(2) above, shall include:
(1)
One of the following documents confirming the
organization’s tax exempt status:
a. An affirmation letter or letter of
determination from the Internal Revenue Service (IRS) that indicates the
organizations tax exempt status under 26
USC §501(c)(3), (4), (7), (8), (10), or (19); or
b. If
the charitable organization is exempt by virtue of a group ruling:
1.
A copy of the group exemption letter
issued to the central organization recognizing on a group basis the exemption
under section 501(c)(3), (4), (7), (8), (10), or (19), of subordinate organizations on whose behalf the control organization has
applied for recognition of exemption; and
2.
A letter from the central organization
with which the charitable organization is affiliated confirming that the
charitable organization is covered under the central organization’s group tax exemption;
(2) Documentation of registration with the
director of charitable trusts, if required under RSA 7:19 through 7:32;
(3) A letter written on the charitable
organizations letterhead and signed by an authorized officer of the
organization, which describes the charitable purposes for which the
organization is organized, and the extent these charitable purposes have been
furthered by the organization within the community;
(4) A current and complete list of all bona fide
members of the organization, as described in Pari
1206.01(a) below, that has been signed, dated and certified as accurate by an
officer of the organization;
(5) A copy of the proposed game schedule, which complies with the
criteria set forth in Pari 1206.02 below;
(6) When applicable, copies of any facility
rental or lease agreements that have not already been approved by the
commission, which complies with the criteria set forth in Pari
1206.03 below;
(7) When applicable, copies of any agreements
between licensees that have not already been approved by the commission, which
complies with the criteria set forth in Pari 1206.04
below;
(8) When the games are held at a facility owned by a
charitable organization or government subdivision provided free of charge to
the applicant, a description of the gaming area, which complies with the
criteria set forth in Pari 1206.05 below;
(9) Copies of any house rules that have not
already been approved by the commission, and which comply with the criteria set
forth in Pari 1206.06 below; and
(10) When a member(s) of the organization other
than or in addition to the treasurer will be handling monetary transactions, a letter signed by the treasurer of the
charitable organization granting authorization to the member(s).
(d)
When applying for a license renewal, the charitable organization shall
submit the following supporting documentation:
(1) The games of chance financial reports, as
required by Pari 1208 below, for any month which has
not previously been submitted, and is due or overdue;
(2) Updated documentation when previously
submitted information provided in accordance with (b) above has changed, is no
longer accurate, is no longer effective, or has been found to be inaccurate;
and
(3) Documentation
and payment for background and criminal record checks, as required by Pari 1204.01 below, when such documentation has not been
submitted to the commission within the past 12 months.
Source. (See Revision Notes #1 and #2 at chapter
heading for Pari 1200) #10929, eff 9-10-15; amd by #12019, eff 10-27-16
Pari 1203.02 Charitable
Organizations Operating Their Own Games of Chance. When a charitable organization operates its
own games in lieu of hiring a game operator employer, only the bona fide
members of the organization that have been authorized by the commission may
participate in the operation.
Source. (See Revision
Notes #1 and #2 at chapter heading for Pari 1200) #10929,
eff 9-10-15
Pari 1203.03 Applying for a Game Operator
Employer License.
(a) Any individual
or entity who supervises and controls game of chance operations on behalf of a
charitable organization shall obtain a game operator employer license.
(b) Each applicant
for a game operator employer license shall submit the following to the
commission at least 120 days prior to the expiration of the applicant’s current
license or participating in the operation of games of chance, if not currently
licensed:
(1) A completed “Application for a Games of Chance Game Operator Employer License” form
(9/2016);
(2) A description of the licensed premise, if not
previously submitted or if any changes have occurred since the description was
last submitted;
(3) A copy of
the individual or entity’s certificate of good standing from the
(4) A copy of the bond, obtained in accordance
with RSA 287-D:8, VII, for each location where the
game operator employer will be conducting games of chance;
(5) Payment of the following fees, pursuant to
RSA 287-D:13:
a. A $750 application
fee; and
b. A $10 badge fee;
and
(6) Documentation and payment for background and
criminal record checks submitted in accordance with Pari
1204.01 below.
Source. (See Revision Notes #1 and #2 at chapter
heading for Pari 1200) #10929, eff 9-10-15; amd by #12019, eff 10-27-16
Pari 1203.04 Applying for a Primary Game
Operator License.
(a) Except as
allowed by (b) below, any individual who is responsible for conducting,
managing, supervising, directing or running the games of chance on behalf of a
charitable organization shall obtain a primary game operator license.
(b) A licensed game
operator employer may act as a primary game operator without obtaining a
separate license to do so.
(c) Each individual
applying for a primary game operator license shall submit the following to the
commission at least 60 days prior to the expiration of the applicant’s current
license or participating in the operation of games of chance, if not currently
licensed:
(1) A completed
“Application for a Game of Chance Primary Game Operator License” form
(9/2016);
(2) Two copies of a photo of the applicant that meets the
following criteria:
a. Taken within
the last 6 months to reflect the applicant’s current appearance;
b. Taken in front of a plain white or off-white
background;
c. In color;
d. Taken in full-face view directly facing the
camera;
e. Taken with a neutral facial expression or a
natural smile and with both eyes open;
f. Composed so that:
1. The overall photo size is 2 inches square;
2. The head is between 1 inch and 1 3/8 inches
from the bottom of the chin to the top of the head; and
3. The eye height is between 1 1/8 and 1 3/8
inches from the bottom of the photo; and
g. Printed on matte or glossy photo quality paper;
(3) Payment of the following fees, pursuant to
RSA 287-D:13:
a. A $500 application fee; and
b. A $10 badge fee, if applicable; and
(4) Documentation and payment for background and
criminal record checks submitted in accordance with Pari
1204.01 below.
Source. (See Revision
Notes #1 and #2 at chapter heading for Pari 1200) #10929,
eff 9-10-15; amd by #12019, eff 10-27-16
Pari 1203.05 Applying for a Secondary
Game Operator License.
(a) Except as
allowed by (b) below, any individual who is responsible for dealing, running
the roulette wheel, handling chips, or proving accounting services or security
functions on behalf of a charitable organization shall obtain a secondary game
operator license.
(b) Licensed game
operator employers and licensed primary game operators may act as a secondary
game operator without obtaining a separate license to do so.
(c) Each individual
applying for a secondary game operator license shall submit the following to
the commission at least 60 days prior to the expiration of the applicant’s
current license or participating in the operation of games of chance, if not
currently licensed:
(1) A completed
“Application for a Game of Chance
Secondary Game Operator License” form (9/2016);
(2) Two copies of a photo of the applicant that meets the
following criteria:
a. Taken within the last 6 months to reflect the
applicant’s current appearance;
b. Taken in front of a plain white or off-white
background;
c. In color;
d. Taken in full-face view directly facing the camera;
e. Taken with a neutral facial expression or a
natural smile and with both eyes open;
f. Composed so that:
1. The overall photo size is 2 inches square;
2. The head is between 1 inch and 1 3/8 inches
from the bottom of the chin to the top of the head; and
3. The eye height is between 1 1/8 and 1 3/8
inches from the bottom of the photo; and
g. Printed on matte or glossy photo quality paper;
(3) Payment of the following fees, pursuant to
RSA 287-D:13:
a. A $30 application fee; and
b. A $10 badge fee, if applicable; and
(4) Documentation and payment for background
and criminal record checks submitted in accordance with Pari
1204.01 below.
Source. (See Revision
Notes #1 and #2 at chapter heading for Pari 1200) #10929,
eff 9-10-15; amd by #12019, eff 10-27-16
Pari 1203.06 Requesting
Additional or Replacement Game Operator Badges.
(a) In accordance with RSA 287-D:9, VI and RSA
287-D:10, V, when a game operator works for more than one game operator
employer, the game operator shall obtain a separate identification badge for
each employer by submitting a separate application and licensing fee as
specified in Pari 1203.03(c) and Pari
1203.04(c) above, as applicable .
(b) To request the replacement of a lost or
stolen badge, the game operator shall submit the following to the commission
for each game operator employer for whom they will be working:
(1) A
completed “Request
for a Replacement Game Operator Badge” form (6/2016); and
(2) Two copies of a photo of the applicant that meets the
following criteria:
a. Taken within the last 6 months to reflect the
applicant’s current appearance;
b. Taken in front of a plain white or off-white
background;
c. In color;
d. Taken in full-face view directly facing the
camera;
e. Taken with a neutral facial expression or a
natural smile and with both eyes open;
f. Composed so that:
1. The overall photo size is 2 inches square;
2. The head is between 1 inch and 1 3/8 inches
from the bottom of the chin to the top of the head; and
3. The eye height is between 1 1/8 and 1 3/8
inches from the bottom of the photo; and
g. Printed on matte or glossy photo quality paper;
(3) A
separate badge fee of $10.
(c)
When a game operator is no longer working for the game operator
employer, the game operator shall return his or her badge to the commission
within 5 business days of leaving employment.
(d)
If an individual fails to return a badge as required by (c) above, the
individual shall be ineligible for licensure until such time as the badge is
returned or the individual provides a sworn affidavit to the commission stating
the disposition of the badge.
Source. (See Revision
Notes #1 and #2 at chapter heading for Pari 1200) #10929,
eff 9-10-15
Pari 1203.07 Applying for a Games of Chance
Facility License.
(a) In accordance
with RSA 287-D:7, I, any person or entity, other than a charitable organization
or governmental subdivision, with a facility at which games of chance are held
for 5 or more game dates per calendar year, shall be licensed.
(b) Each applicant for a games of chance
facility license shall submit the following to the commission at least 120 days
prior to the expiration of the facility’s current license or games of change
being held at the facility, if not currently licensed:
(1) A completed “Application for Games of Chance
Facility License” form (9/2016);
(2) A
description of the gaming area, in accordance with Pari
1208.05;
(3) A copy
of the certificate of good standing from the department of revenue administration;
(4) Documentation and
payment for background and criminal record checks submitted in accordance with Pari 1204.01 below; and
(5) Payment
of the license fee of $250, pursuant to RSA 287-D:13,
II.
(c) For the
purpose of this section, the applicant shall be the primary owner of the
property or the property manager with the authority and oversight
responsibilities of the facility.
Source. (See Revision Notes #1 and #2 at chapter
heading for Pari 1200) #10929, eff 9-10-15; amd by #12019, eff 10-27-16
Pari 1203.08 Facility License Exemption. Pursuant to RSA 287-D:7,
I, a facility shall be exempted from the requirements in Pari
1203.06 above when:
(a) No more than 4 game dates are held at the
facility per calendar year; or
(b) The facility is owned by a charitable
organization or government subdivision, and provided free of charge.
Source. (See Revision
Notes #1 and #2 at chapter heading for Pari 1200) #10929,
eff 9-10-15
PART Pari
1204 BACKGROUND
INVESTIGATIONS AND CRIMINAL RECORDS CHECKS
Pari
1204.01 Background
and Criminal Records Checks.
(a) In accordance with RSA 287-D:12, all applicants for a license pursuant to this chapter
shall submit to the commission:
(1) A completed and notarized NH
State Police Criminal Records Release Authorization Form obtained from the
commission authorizing the release of the applicant’s criminal history record;
(2) A complete set of
fingerprints taken by a qualified law enforcement agency, as follows:
a. If fingerprints are captured
via ink impressions, the FBI FD-258 fingerprint card issued by the NH state
police; or
b. If fingerprints are digital
captured via a Livescan device, a copy of the Livescan receipt; and
(3) Payment of the criminal
history record, payable to the “State of NH – Criminal Records” and in the
amount established by the NH state police.
(b) If the applicant
is an entity, this requirement shall apply to all persons holding 10% or more
interest in the entity.
(c) Pursuant to RSA
287-D:12, II, the commission shall deem an applicant fit to be associated with
charitable gaming in New Hampshire when the applicant’s background and criminal
records check does not show:
(1) A felony conviction in the preceding 10 years
from the date of the application which has not been annulled by the court; or
(2) Any misdemeanor involving falsehood,
dishonesty, fraud, theft, or financial crimes within the preceding 5 years from
the date of the application which has not been annulled by the court.
(d)
Pursuant to 28 CRF 16.34, if, after reviewing the FBI Identification Record, often
referred to as a “rap sheet”, the applicant believes that it is incorrect or
incomplete in any respect and wishes changes, corrections or updating of the
alleged deficiency, the applicant may:
(1) Make
application directly to the agency which contributed the questioned
information; or
(2) Direct
his/her challenge as to the accuracy or completeness of any entry to the FBI,
Criminal Justice Information Services (CJIS) Division, ATTN:
SCU, Mod. D-2, 1000 Custer Hollow Road, Clarksburg, WV 26306.
Source. (See Revision Notes #1 and #2 at chapter
heading for Pari 1200) #10929, eff 9-10-15; amd by #12019, eff 10-27-16
Pari 1204.02 Background Investigations of
Facility and Game Operator Employer Applicants.
(a) In accordance with RSA 287-D:11, any person,
associate, corporation, or other type of entity applying for or holding a
facilities or game operator employer license shall file a complete and detailed
written statement with the attorney general that contains the following
information:
(1) The name,
residence address, and nature of the ownership interest including, where
applicable, the number of shares of stock held and if known, how obtained, of
every person who possesses an ownership interest in such entity;
(2) The name,
address, present principal occupation or employment, and name and principal
business of any corporation or other organization in which such employment is
carried on of every director, officer,
and holder of 10 percent or more ownership interest in such entity;
(3) Such
information as the attorney general prescribes by rule; and
(4) The
signature of the applicant or holder of such license if an individual, or by
the officer of the entity attesting to the accuracy of the information being
provided.
(b) Each applicant or licensee shall file the
information required in (a) above with the initial application, and every 5
years thereafter.
(c) As required by RSA 287-D:11,
II(d), if at any time the applicant or licensee discovers that information
provided in accordance with (a) above has changed, or is otherwise found to be
inaccurate, the applicant or licensee shall submit updated or corrected
information to the attorney general and the commission within 10 days of the event that resulted in the change, or
discovery of the inaccuracy.
(d) In accordance
with RSA 287-D:11, III(a), no person shall be issued or hold a license if in
the opinion of the attorney general such person is not fit to be associated
with charitable gaming in this state.
Source. (See Revision Notes #1 and #2 at chapter
heading for Pari 1200) #10929, eff 9-10-15
PART Pari
1205 APPROVAL
OF AN APPLICATION FOR LICENSURE
Pari 1205.01 Application Approval and
Denial Criteria.
(a) The commission shall approve an application and issue a
license when:
(1) The
application complies with the applicable requirements set forth in Pari 1203 above;
(2) The
applicant otherwise meets the qualifications for licensure specified in RSA
287-D, and this chapter;
(3) The commission determines that the applicant
is fit to be associated with charitable gaming in
(4) When applicable, the attorney general
determines that the applicant is fit to be associated with charitable gaming in
New Hampshire, pursuant to Pari 1204.02(d) above; and
(5) The
applicant has not had its license revoked within the past 12 months, as
prohibited by RSA 287-D:23, III.
(b) The commission shall deny the
application and not issue a license when:
(1) The
application does not comply with the applicable requirements set forth in Pari 1203 above;
(2) The
applicant does not otherwise meet the qualifications for licensure specified in
RSA 287-D, or this chapter;
(3) The
commission determines that the applicant is not fit to be associated with
charitable gaming in
(4) The
attorney general determines that the application is not fit to be associated
with charitable gaming in New Hampshire, pursuant to Pari
1204.02(d) above; or
(5) The
applicant’s license has been revoked within the past 12 months, as prohibited
by RSA 287-D:23, III.
Source. (See Revision Notes #1 and #2 at chapter
heading for Pari 1200) #10929, eff 9-10-15
Pari 1205.02 License Limitations and
Expirations.
(a) In accordance with RSA 287-E:6, IV and RSA 287-E:7, III, only one license per applicant
per year shall be issued to:
(1)
Charitable organizations; and
(2) Gaming
facilities.
(b) All licenses issued
under this part are non-transferable.
(c) In addition to
(b) above, a facility license shall be non-assignable.
(d) Games of chance licenses issued in accordance
with this part shall expire as follows:
(1) Charitable organization licenses shall expire
on December 31 of the licensed year, as specified in RSA 287-D:6, V;
(2) Game
operator employer licenses shall expire on December 31 of the licensed year;
(3) Primary
game operator licenses shall expire on the last day of the month of the licensee’s
birthday, as specified in RSA 287-D:9, VII;
(4)
Secondary game operator licenses shall expire on the last day of the
month of the licensee’s birthday, as specified in RSA 287-D:10,
III;
(5) Facility
licenses shall expire on December 31 of the licensed year, as specified in RSA
287-D:7, IV;
(6) Upon
revocation by the commission in accordance with RSA 287-D:23,
III; or
(7) Upon voluntary surrender by the licensee.
Source. (See Revision
Notes #1 and #2 at chapter heading for Pari 1200) #10929,
eff 9-10-15
Pari 1205.03 Submitting Additional or
Corrected Information. Except as
otherwise specified, if at any time the information provided to the commission
in accordance with this chapter changes, or is otherwise found to be
inaccurate, the applicant or licensee 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 1200) #10929,
eff 9-10-15
PART Pari
1206 REQUIRED
DOCUMENTATION
Pari 1206.01 List of All Bona Fide
Members.
(a) The licensed charitable organization shall
maintain a current and complete list of bona fide members that includes the
following information:
(1) The members’ full name, legal address and
date of birth;
(2) The member’s title or position within the
organization, with officers being listed first and alphabetically thereafter;
and
(3) If a game operator will be operating the
games on behalf of the organization, an indication as to which members are authorized
to:
a. Sign the “Charitable
Organization Member’s Affidavit” form (6/2016); and
b. Engage in monetary
transactions; and
(4) If the organization will be operating the
games itself, an indication as to whether the member will be participating in
the operation of games of chance.
(b) To participate in the operation of games of
chance as a member of a charitable organization, the individual shall:
(1) Meet the definition of a bona fide members in
accordance with RSA 287-D, II;
(2) Submit to a background and criminal records
check completed, as required by Pari 1204.01 above;
and
(3) Be found fit by the commission to be associated with
charitable gaming in this state, pursuant to Pari
1204.01(c) above.
(c) In accordance with RSA 287-D:14, XIX, the
charitable organization may amend or supplement the list of persons who will
participate in any games of chances at least 10 business days prior to the
effected game date.
Source. (See Revision
Notes #1 and #2 at chapter heading for Pari 1200) #10929,
eff 9-10-15; ss by #12019, eff 10-27-16
Pari 1206.02 Game Schedule.
(a) Pursuant to RSA 287-D:14, XVIII, a games of chance
licensee shall only conduct games of chance that have been identified on a game
schedule that has been approved by the commission.
(b)
Except as allowed by (c) below, the charitable organization shall submit a game schedule
as part of the application, as required by Pari
1203.01(c)(5) above.
(c) The charitable
organization, or the game operator employer hired to act on the organization’s
behalf, shall submit any amendments to its game dates at least 15 days prior to
the first amended game date.
(d)
A request for approval of a game schedule shall contain the following
information:
(1) The name of the licensed charitable
organization that will be sponsoring the games of chance event(s);
(2) The name of the licensed primary game
operator overseeing the games of chance event(s), if applicable;
(3) The date(s) and time(s) of the proposed games
of chance event(s);
(4) The location
where the proposed games of chance
event(s) will be held;
(5) The name and game approval number issued by the
commission for each of the games of chance being offered at each of the specified
event(s);
(6) The buy-in
and re-buy amounts for each game of chance where the chips have no monetary
value;
(7) If applicable, 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;
(8) The estimated number of players expected to
attend; and
(9) Whether prizes are subject to increase or
decrease based on actual attendance.
(e)
The commission shall approve a game schedule request or an amended
request when:
(1) All of the information required by (d) above
is provided;
(2)
The games procedures for each the games being offered have been approved by the
commission, pursuant to Pari 1206.07 below;
(3) The total number of game dates hosted by the
charitable organization does not exceed 10 days per year, in accordance with
RSA 287-D:6, IV; and
(4) The request otherwise complies with RSA 287-D
and this chapter.
(f) Any additional game dates approved as part of
an amended game schedule shall be subject to a license fee of $25 per game date, pursuant to
RSA 287-D:13,I.
(g) If a game date is cancelled due to an
unforeseen occurrence or extreme weather condition, the charitable
organization, or the game operator employer hired to act on the organization’s
behalf, shall notify the commission of the cancelation by the next business
day.
(h)
The commission shall approve a game schedule request if the games of chance contained in the request comply with the standards for games of chance set forth
in RSA 287-D and this chapter.
Source. (See Revision
Notes #1 and #2 at chapter heading for Pari 1200) #10929,
eff 9-10-15
Pari 1206.03 Rental
and Lease Agreements.
(a) Pursuant to RSA
287-D:19, I(c), when a charitable organization operates games of chance itself
and such games are conducted in a rented or leased facility for the express
purpose of conducting games of chance, the charitable organization shall submit
such rental agreements to the commission for approval.
(b) Pursuant to RSA 287-D:19, II(c), when a
charitable organization contracts for services from a licensed game operator
employer at a rented facility, the charitable organization shall submit the
service and rental agreements to the commission for review.
(c)
Except as allowed by (d) below, the charitable organization shall submit any rental or
lease agreements as part of the application, as required by Pari
1203.01(c)(6) above.
(d) The charitable
organization, or the game operator employer hired to act on the organization’s
behalf, shall submit any amendments to its lease agreements at least 15 days
prior to the effective date of the agreement.
(e) Rental and lease
agreements shall include the following items and services, with costs itemized:
(1) Gaming space;
(2) Heat, lights
and restroom facilities sufficient for the seating capacity of the facility;
(3) Security of the facility and parking area;
(4) Snow removal;
and
(5) Trash removal and overall janitorial services
sufficient to maintain the facility in a
clean and proper condition for
conducting business.
(f) The amount of
rent, goods, and services charged shall:
(1) Be no more than the amounts charged to others
for the same or similar rentals, goods or services; and
(2) Not be based in whole or in part on a
percentage of gross receipts or net proceeds derived from the conduct of
charitable gaming or by reference to the number of people in attendance.
(g) A licensed
charitable organization may elect to provide for itself any of the goods and
services that a facility owner is required to provide under this section,
provided these arrangements are clearly noted in the lease agreement, and the
total compensation to be paid the facility is reduced commensurate with the
cost of the goods and services as itemized in the lease.
(h) Participation in
and charges for activities such as advertising, free offer of coffee and donuts
to customers, security protection for the charitable organization itself,
consulting or management services, shall be at the discretion of the charitable
organization.
(i) Failure to participate in these activities
described in (h) above shall not constitute grounds for expulsion from the
facility.
(j)
No games of chance shall be held in any facility that has not been
approved by the municipal governing body for public assembly, or as otherwise
required by law.
(k) The commission
shall approve a rental or lease agreement when the lease meets the requirements
set forth in this section, and does not otherwise violate RSA 287-D or this
chapter.
Source. (See Revision
Notes #1 and #2 at chapter heading for Pari 1200) #10929,
eff 9-10-15
Pari 1206.04 Agreements
Between Licensees.
(a) Pursuant to RSA
287-D:14, II, when an agreement is made between a charitable organization and
another licensee relative to games of chance, the charitable organization shall
submit such agreements to the commission with the initial application or at
least 15 days prior to the agreement becoming effective.
(b)
Except as allowed by (c) below, the charitable organization shall submit any agreements
as part of the application, as required by Pari
1203.01(c)(7) above.
(c) The charitable
organization, or the game operator employer hired to act on the organization’s
behalf, shall submit any amendments to its agreements at least 45 days prior to
the effective date of the agreement.
(d) Within 45 days
or receiving the documentation required by (c) above, the commission shall
either:
(1) Approve the agreement if it concludes that
implementing the agreement would not result in a violation of any requirement
of RSA 297-D or this chapter; or
(2) Deny or revoke its approval of any game of
chance if it concludes that the agreement would result in a violation of any
requirement of RSA 297-D, this chapter.
Source. (See Revision Notes #1 and #2 at chapter
heading for Pari 1200) #10929, eff 9-10-15
Pari 1206.05 A Description of the Gaming
Area.
(a) No game of chance shall be conducted unless
it has been approved by the commission.
(b) The
following information shall be submitted to the commission when requesting
approval of a gaming area:
(1) The
address of the facility; and
(2) A
description of the facility that includes:
a. A detailed diagram of the gaming area that:
1. Includes
a legend;
2.Is drawn to scale, or includes accurate measurements;
and
3. Is
of sufficient detail and clarity to physically identify the gaming area within
the facility;
b. The square footage of the gaming area;
c. The capacity levels, as deemed acceptable by local
building and fire code;
d. If applicable, available parking; and
e. If applicable, the location and method of physical
separation between the games of chance area and other licensed activities
within the same premises, to ensure a clear separation of these areas.
(c)
The information required by (b) above shall be submitted by:
(1) The facility as part of a license
application, as required by Pari 1203.06 above;
(2) The charitable organization as part of a
license application when games will be held at unlicensed facilities, as
required by Pari 1203.01(c)(8)
above; or
(3) The licensed facility or licensed charitable
organization, as applicable, at least 15 days prior to any changes to a
previously approved gaming area taking effect.
(d)
Within 15 days of receiving the information required in (c) above, the
commission shall determine if the request meets the following criteria for
approval:
(1) The
applicant has provided sufficient detail and clarity to physically identify the
gaming area within the facility;
(2) The
capacity levels meet local building and fire code standards;
(3) If
applicable, there is a clear separation between the games of chance area and
other licensed activities within the same premises; and
(4) The
gaming area does not otherwise violate RSA 287-D, or this chapter.
(e) In accordance
with RSA 287-D:14,I, no more than 2 licensed
charitable organizations shall conduct games of change at any one location on
any date.
Source. (See Revision
Notes #1 and #2 at chapter heading for Pari 1200) #10929,
eff 9-10-15
Pari 1206.06 House Rules.
(a) Pursuant to RSA
287-D:14, XXI, the charitable organization or, where applicable, the operator
employer hired to act on behalf of the organization, shall adopt and adhere to
house rules that include a minimum of the following:
(1) The general rules of play;
(2) The amount of the entry fee, if any;
(3) The wagering and spending limits for each
type of game, including the ante;
(4) Methods of making wagers, including:
a. Whether or not buy-in and re-buys will be permitted,
and if permitted, under what circumstances, conditions, and amounts; and
b. The initial amount of all antes and blind bets and a
description of the manner in which the amount of antes and blinds will increase
during the progress of game;
(5) Procedures for misdeals, betting
irregularities and splitting pots;
(6) Any time limits pertaining to the play of the
game;
(7) Any rules that may restrict a player's right
to win a hand, pot, or jackpot prize;
(8) Prize pay outs and any prize-related
restrictions;
(9) The refund policy;
(10)
Standards and policies and procedures for addressing and resolving
player disputes;
(11) How a player can contact the commission with
comments, concerns or questions; and
(12) The effective date of the house rules.
(b)
Except as allowed by (c) below, the charitable organization shall submit the house rules
as part of the application, in accordance with Pari
1203.01(c)(9) above.
(c) The charitable
organization, or the game operator employer hired to act on the organization’s
behalf, shall submit any amendments to its house rules at least 15 days prior
to the first amended game date.
(d) The commission
shall approve house rules if it concludes that:
(1) The house rules include the details required
by (a) above; and
(2) The house rules do not conflict with or are
otherwise prohibited by law, this chapter, or any rulings issued by the
commission.
(e) The commission
shall deny approval of any house rules if it concludes that:
(1) The house rules do not include the details
required by (a) above; or
(2) The house rules conflict
with or are otherwise prohibited by law, this chapter or any ruling issued by
the commission.
(f) Prior to the
start of each event, the charitable organization, or the game operator employer
hired to act on the charity’s behalf, shall ensure that a public announcement
is made letting players know where copies of the house rules are located and
how to obtain copies.
Source. (See Revision
Notes #1 and #2 at chapter heading for Pari 1200) #10929,
eff 9-10-15
Pari 1206.07 Game Procedures.
(a) Charitable
organizations and game operator employer shall only offer games of chance for
which the game procedures have been approved by the commission.
(b) To obtain
approval of a game procedure that has not previously been approved by the
commission, the charitable organization, or game operator employer hired to act
on the organization’s behalf, shall submit a written request and the game
procedure to the commission at least 45 days prior to the proposed
implementation date.
(c) The game
procedures shall include a minimum of the following information:
(1) For card games:
a. The name of the card game;
b. The object of the card game;
c. The rules of the card game;
d. The equipment used for the card game;
e. The method of play for the card game;
f. The types of wager or wagers for the card game;
g. The wager amounts for the card game;
h. The payouts and payout odds for each wager in the card
game; and
i. The rules governing any card
game point system established by the licensee; and
(2) For games which are not a card games:
a. The name of the game;
b. The object of the game;
c. The rules of the game;
d. The equipment used for the game;
e. The method of play for the game;
f. The types of wager or wagers for the game;
g. The wager amounts for the game;
h. The payouts and payout odds for each wager in the game;
and
i. The rules governing any game
point system established by the licensee.
(d) The licensee
shall obtain commission approval whenever a modification is made to an approved
game procedure, including any changes made to the odds.
(e) The licensee
shall clearly describe the changes being proposed when submitting a written
request for approval of a modified game procedure.
(f) Upon request,
the charitable organization, or game operator employer hired to act on the
organization’s behalf, shall also demonstrate the proposed game to the
commission.
(g) The commission
shall approve a game of chance, or a modification to a previously approved game
of chance, if it concludes that:
(1) The game procedures include the details
required by (c) above;
(2) Approval of the game of chance would likely
advance the purposes of RSA 287-D;
(3) Approval of the game of chance would not be
otherwise prohibited by law, this chapter or any rulings of the commission; and
(4) The game procedures comply with standard rules
of the game, such as those found in The New Complete Hoyle: The Authoritative Guide
to the Official Rules of All Popular Games of Skill and Chance, Revised Edition (1991) or Hoyle's Modern Encyclopedia of Card Games
(1974), available as noted in Appendix A, or a similar authoritative guide on
card games.
(h) The commission
shall deny approval of any game of chance if it concludes that:
(1) The game procedures do not include the
details required in (c) above;
(2) The game of chance would not advance the
purposes of RSA 287-D;
(3) Approval of the game of chance would be
prohibited by law, this chapter or any rulings of the commission;
(4) The game procedures do not comply with
standard rules of that game, such as those found in The New Complete Hoyle: The Authoritative Guide
to the Official Rules of All Popular Games of Skill and Chance, Revised Edition (1991) or
Hoyle's Modern Encyclopedia of Card Games (1974), available as noted in
Appendix A, or a similar authoritative guide on card games.
(i) The commission shall revoke approval of any house
rules when a review concludes that:
(1) The house rules conflict with or are
otherwise prohibited by law, this chapter or any ruling issued by the
commission;
(2) The approval previously granted to the
licensee was erroneously issued; or
(3) The licensee has not adhered to the house
rules in a manner consistent with those submitted in accordance with Pari 1206.06 above.
(j)
The commission shall revoke its approval of any game procedures when a review
concludes that:
(1) The game would not advance the purposes of
RSA 287-D;
(2) The game is prohibited by law, this chapter
or any rulings of the commission;
(3) The game does not
comply with standard rules of that game, such as those found in The New Complete Hoyle: The Authoritative Guide
to the Official Rules of All Popular Games of Skill and Chance, Revised Edition (1991) or
Hoyle's Modern Encyclopedia of Card Games (1974), available as noted in
Appendix A, or a similar authoritative book on card games;
(4) The approval previously granted to the
licensee was erroneously issued; or
(5) The licensee has not operated the game of
chance in a manner consistent with the procedures submitted in accordance with Pari 1206.07 above.
(k) Game procedures
that have been approved by the commission may be utilized by other charitable organization or game operator
employers without additional commission approval, when included on the game
schedule submitted in accordance with Pari 1206.02
above.
(l) Commission
approval of a game procedure shall not represent, warrant or otherwise assert
that the game does not violate any intellectual property right, including, but
not limited to, any agreement, license, copyright, trademark or patent right.
It is the licensee’s responsible to meet all proprietary requirements.
(m) Prior to the
start of each game, the charitable organization or the game operator employer
hired to act on the organization’s behalf shall ensure that a public
announcement is made informing players as to where copies of the game
procedures are located and how copies can be obtained.
Source. (See Revision
Notes #1 and #2 at chapter heading for Pari 1200) #10929,
eff 9-10-15
Pari 1206.08 Internal Control Procedures.
(a) The charitable
organization, or the operator employer hired to act on behalf of the
organization, shall develop, implement and adhere to written internal control
policies and procedures designed to ensure effective control over the gaming
operation by discouraging and protecting against illicit behavior and
safeguarding the integrity of the games.
(b) The internal
control policies and procedures required in (a) above shall address a minimum
of the following areas:
(1)
The implementation of an organizational structure designed to segregate
functions, duties, and responsibilities in accordance with sound business
practices to
prohibit individuals from being in a position that allows them to both commit
and conceal an error or to perpetrate a fraud in their normal course of duties;
(2) Control of games of chance equipment inventory
to prevent unauthorized access, misappropriation, forgery, theft, or fraud,
including systems and safeguards with regard to the receipt, storage, inventory
and disbursal of chips, cards, dice, and other sensitive equipment utilized in
games of chance;
(3) A system
for the collection and security of moneys at the table games, the transfer and
recordation of chips between the table games and the cashiers’ cage, the
transfer of money from the table games to the counting process, and the process
and equipment to assure security for the counting and recordation of revenue;
(4) Adequate
safeguards within the cashiers’ cage for:
a. The
receipt, storage, inventory and disbursal of chips, cash, counter checks and
other cash equivalents used in gaming;
b The cashing of checks;
c. The redemption of chips and other cash equivalents used
in gaming; and
d. The recording of transactions pertaining to gaming;
(5) An
accounting system of controls established in accordance with (c)-(d) below to
safeguard assets and ensure that:
a. Financial records are prepared and
maintained completely, accurately and reliably;
b Revenue and fees are properly reported and paid;
c. Accountability of assets is maintained;
and
d. The charitable organization and the game operator
employer review records and reports periodically, and, when applicable, appropriate action is taken with respect to any
discrepancies;
(6) When tournaments are offered, a system for
tracking the amount that that a player has spent for buy-ins and re-buys to
ensure players do not exceed the limits set by RSA 287-D:14, XV and XVI;
(7) Standards governing the utilization of the surveillance and
security designed to prevent unauthorized access, activities,
misappropriation, forgery, theft, or fraud;
(8) When applicable, physical and systems
controls for information technology, including data back-up, and maintenance of
systems; and
(9) Procedures and controls for ensuring that the
gaming area is secure during normal operations, as well as contingency plans to
address unforeseen incidences such as power outages, or episodes of equipment
failure.
(c) The charitable organization, or the operator
employer hired to act on behalf of the organization, shall establish and
maintain an accounting system for all activities conducted in conjunction with
games of chance that includes a minimum of the following:
(1) Internal
controls to secure and count all cash received in connection with a game of
chance event, including the requirements that no
fewer than 2 individuals be responsible for counting the receipts;
(2) Methods
of accounting for chip sale and reimbursement; and
(3)
Verification of all transfers of cash and chips between game table(s)
and the central counting area.
(d) General
accounting records shall consist of controls established to safeguard assets
and ensure accurate and complete records of all transactions pertaining to
gaming revenue and activities of operational accountability that:
(1) Record
gaming activity transactions in an accounting system to identify and track all
revenues, expenses, assets, and liabilities;
(2) Produce
financial statements to include, at a minimum, an income statement and a
balance sheet;
(3) Produce
appropriate subsidiary ledgers to support the balance sheet;
(4) Inventory
and safeguard assets;
(5) Prepare,
review, and maintain accurate financial statements;
(6) Prepare
minimum bankroll calculations; and
(7) Maintain and preserve all financial books,
records, and relevant supporting documentation.
(e) The treasurer of the charitable organization
or a bona fide member of the charitable organization designated by the
treasurer shall be in full charge of, and primarily responsible for, the proper
utilization of all monies derived from the conduct of games of chance.
(f) The licensee
shall maintain a copy of the current controls and procedures in the gaming
area, or otherwise make them available for inspection upon request.
(g) The licensee
shall maintain a copy of any superseded changes to its internal controls for a
minimum of 2 years.
Source. (See Revision
Notes #1 and #2 at chapter heading for Pari 1200) #10929,
eff 9-10-15
PART Pari
1207 OPERATION
OF GAMES OF CHANCE
Pari 1207.01 Participants in the
Operation of Games of Chance.
(a) Except as allowed by RSA 287-D:14, III, no person shall be party to, engage in, or
supervise others in the operation of games of chance in any capacity, unless
that person possesses a current license issued in accordance with RSA 287-D and
this chapter.
(b) When a
charitable organization chooses not to operate the games of chance directly,
the organization shall hire a licensed game operator employer to operate the
games on their behalf.
(c)
When a charitable organization chooses to operate the games of chance
directly, all duties and responsibilities of the game operators and game
operator employer fall to the charitable organization.
(d) All persons
participating in the operation of games of chance shall wear an identification
badge issued by the commission in such a manner that is readily visible for
inspection by the public.
(e) All
licensees shall take necessary steps to prevent cheating and ensure that the
games of chance are played fairly.
(f) In accordance
with RSA 287-D:14, XI, a member of the sponsoring
charitable organization shall:
(1) Be present and on site at least once per day
during the operation of any game of chance; and
(2) Provide a completed “Charitable Organization
Member’s Affidavit” form (6/2016) to
the game operator employer that attests to their presence at the site
during the operation of a game of chance event.
(g) In accordance
with RSA 287-D:14, VIII, the following individuals
shall be prohibited from participating in or otherwise playing the games being
offered at a games of chance event:
(1) Individuals who are participating in the
operation of the event, except as allowed by (h) below;
(2) Individuals who holds the lease to the
facility where the event is being held; and
(3) Individuals who have sold or leased game of
chance paraphernalia or related equipment to the charitable organization for
use at the event.
(h) An individual
who is participating in the operation of an event may play the games being
offered at the event only when the individual:
(1) Has completed the shift, and will not be
returning to work at the event; and
(2) Is not wearing a uniform of the games of
chance employer or sponsoring charity of the event.
(i) In accordance with RSA 287-E:9, III,
concurrent with the charitable organization, primary game operators who operate
games of chance on behalf of a charitable organization shall be responsible for
all requirements for which the charitable organization is responsible when a
charitable organization operates games of chance itself.
(j) Where game
operators are utilized to operate games of chance, at least one licensed
primary game operator shall supervise and manage all game operations for the entire
time the games are being held.
(k)
When an employee is newly hired or is no longer employed by the game
operator employer, the game operator employer shall notify the commission of
such within 5 business days.
Source. (See Revision Notes #1 and #2 at chapter
heading for Pari 1200) #10929, eff 9-10-15
Pari 1207.02 Documentation to be
Displayed in the Gaming Area.
(a) The charitable
organization, or the operator employer hired to act on behalf of the
organization, shall prominently and conspicuously display the following
documents in the immediate area where
games of chance are conducted:
(1) At least one copy of the following documents:
a. The organization’s current games of chance license;
b. The
organization’s approved game schedule;
c. House rules approved by the commission;
d. When the games are held at a licensed facility, a
copy of the facility license; and
e. When the charitable organization operates its own
games of chance, a list of all bonfide members who
are authorized to act as game operators;
(2) At least 2 current copies of each of the
following:
a. The games of chance statute, RSA 287-D; and
b. This chapter, Pari
1200; and
(3) A binder containing the approved game
procedures for each of the games being offered at the event.
(b) The charitable organization, or the operator
employer hired to act on behalf of the organization, shall display the
following information at each game table as to be conspicuous to those persons
participation in said game:
(1) The name of the game of chance; and
(2) The minimum and maximum wagers.
Source. (See Revision Notes #1 and #2 at chapter
heading for Pari 1200) #10929, eff 9-10-15
Pari 1207.03 Conduct of Games of Chance.
(a) Pursuant to RSA
287-D:14, XVIII, no games of chance shall be played unless all of the games of
chance being offered have been approved by the commission in accordance with Pari 1206.07 above, and identified on an approved game
schedule, as required by Pari 1206.02.
(b) In accordance
with RSA 287-D:14, VI, no one under the age of 18 years shall be admitted to
the area where the games of chance are being conducted, except when the games
are being conducted at a carnival.
(c) Card games shall
be conducted in accordance with the following, in order of priority:
(1) The game procedures approved by the
commission;
(2) The house rules approved by the commission;
and
(3) Rules explained in The New
Complete Hoyle: The Authoritative Guide to the Official Rules of All Popular Games of Skill
and Chance,
Revised Edition (1991) or Hoyle's Modern Encyclopedia of Card Games (1974),
available as noted in Appendix A, or a similar authoritative book on card
games.
(d) For games or
tournaments where chips have no monetary face value:
(1) The licensee shall post the location of the
game or tournament in the public place prior to commencing the game or
tournament;
(2) The licensee shall not charge any amounts, by
whatever name, other than buy-ins and re-buys;
(3) Except as allowed by (4) below, the charitable
organization may offer any number of games per licensed event provided each
player is limited to spending up to $150 per game, including buy-ins and
re-buys;
(4) The charitable organization may offer one
game per authorized event where each player may spend up to $250 for the game,
including buy-ins and re-buys;
(5) The prize shall either be a set prize amount
or a percentage of the prize pool;
(6) Prizes shall not be awarded to more than 50
percent of the players starting the game or tournament;
(7) The total amount awarded in prizes shall not
exceed 80 percent of the total amount collected from players; and
(8) At the end of a game or tournament, any chips
held by a player not receiving a prize shall:
a. Have no value for any purpose;
b. Not be traded, bartered, used or exchanged for any
purpose whatsoever; and
c. Not be used for play in any other game or tournament.
(e) Except as
allowed by (f) below, no single wager by a player, on any game of chance, shall
exceed the amount of $4.
(f) In poker where chips have monetary value, play may be
conducted under table stakes rules, as follows:
(1) The
amount of blinds, antes, and any other type of forced bet shall not exceed $4
per player, but the amount wagered by a player during the play of a hand shall
not be limited except by the amount of chips the player has in his or her
possession at the table;
(2) Except as
allowed by (5) below, a player shall arrive at a table to begin play with no
more than $500 in chips;
(3) A player
may purchase up to $500 in chips at a time from the cashier area, also known as
the cage;
(4) A player
may purchase up to $150 in chips per hand at the table where he or she is
playing provided that the amount of chips being purchased will not raise the
total value of chips in the player’s possession above $500, or less as
otherwise specified in the house rules.
(5) When a
player is forced by management to move to a new table of equal or lesser table
blind in order to balance the player load at each table, known as a forced
lateral move, the player may bring all of the chips in his or her possession at
the time of the move to the new table;
(6) If a
player voluntarily moves to a new table with more than $500 in accumulated
chips, the player shall remove any excess chips from public view, but may
augment the number of his or her chips on the table at the rate no more than
$150 per game at a time, provided that the player has not more than $500 in
chips on the table at any one time;
(7) Once
chips are on the table, the player shall not remove chips from his or her
stack, unless the player is concluding play and leaving the table; and
(8) A game
operator shall not require a player to maintain the minimum amount of chips to
continue to play.
(g) For the purposes of paragraph (f) above, a
hand begins when the cards are dealt to the players, and is complete once all
wagers have been concluded on the cards in play, the pot has been awarded, and
all cards have been collected and shuffled.
(h) In accordance
with RSA 287-D:14,XV-XVII, all tournaments shall
comply with the following:
(1) A tournament shall be a single event in which
all players begin with the same number
of chips and play until the posted prizes are paid out;
(2) A tournament may be held over multiple days
to accommodate the number of players as long as the event is operated as a
single licensed event, hosted by the same charitable organization;
(3) When a player has lost all of his or her
chips and is eliminated from the tournament, the player may buy in again to
continue playing until such time as the player reaches the spending limits set
by RSA 287-D:14, XV and XVI;
(4) Prize payouts shall not exceed 80% of the
total amount collected from players, and as such, a portion of the money
collected from players cannot be carried over to be awarded in a separate event
or tournament; and
(5) Funds shall not be added to the prize pool to
enhance the payout if doing so would exceed the 80% restriction noted in (4)
above, and as such, a game operator cannot subsidize the pot in order to reach
a guaranteed prize amount that cannot otherwise be met using player money.
(i) Wagers shall only be placed in the form of
chips, or the like, or, when electronic gaming tables are used, in the form of
representations of credit.
(j) No licensed charitable organization shall
extend credit to any patron at an event.
(k) The game operator shall collect and store his
or her tips in a tip box or in a clearly designated area of the gaming table.
(l) No licensee
shall permit side bets between players or other such activities that involve a
participant wagering money or other items of value against another, when the
activity does not provide for some portion of the proceeds to go to the licensed
charitable organization and the state.
Source. (See Revision Notes #1 and #2 at chapter
heading for Pari 1200) #10929, eff 9-10-15; ss by #12019, eff 10-27-16
Pari 1207.04 Equipment Utilized for Games
of Chance.
(a) In accordance with RSA 287-D:18, I, when a licensed charitable organization operates
games of chance itself, such games shall be conducted with equipment that is:
(1)
Owned absolutely;
(2) Used without payment or any
compensation therefor by the organization; or
(3)
Leased or rented at a fixed fee only from a dealer of such equipment who
has his or her principal place of business in this state.
(b) In accordance with RSA 287-D: 18, II, any
contract of the rental for equipment shall:
(1) Be
independent of any contract for the rental of a facility; and
(2) Not be
contingent upon the organization’s agreement that it will contract with a
particular business for a particular facility or equipment.
(c) No licensed charitable organization shall
agree to or be required to purchase supplies in consideration of receiving the
use of any equipment, goods or supplies without charge.
(d)
All equipment used in the conduct of a game of chance shall:
(1) Be maintained in good repair, and in sound
working condition;
(2) Be used, played and operated so that each player is
given an equal opportunity to win;
(3) Be
assistive in nature;
(4) Not
allow the player to play against a machine;
(5) Not be
in the nature of a slot machine, as prohibited by RSA 287-D:1,
III;
(6) Not be
used to regulate odds, or are progressive in nature, as prohibited by RSA 287-D:17, II;
(7) Not
compromise the fairness or integrity of the game; and
(8) Not
otherwise be prohibited by the laws of
Source. (See Revision
Notes #1 and #2 at chapter heading for Pari 1200) #10929,
eff 9-10-15
Pari 1207.05 Surveillance Requirements.
(a) As set forth in RSA 287-D:15,
I, surveillance of the gaming area shall comply with the following:
(1) A game operator employer conducting games of chance
at a facility that is required to be licensed pursuant to RSA 287-D:7 shall conduct and record, at the expense of the game
operator employer, video surveillance that allows clear, unobstructed views of
cashier transactions, table games where cash wagers are accepted, and the
counting of money from storage boxes removed from a gaming table;
(2) Surveillance shall:
a. Include the customer, the employee, and the
surrounding area; and
b. Monitor and record with sufficient clarity to
identify employees and customers in all areas where currency is counted,
verified, sorted, stacked, or stored, including monitoring and recording all
table game drop boxes, safes, and counting surfaces, and all cashier personnel;
(3) The counting surface area shall be
continuously monitored and recorded by a dedicated camera during the count;
(4) Access to the surveillance equipment shall be
limited to management personnel, designated employees, state regulators, and
other persons authorized in accordance with the surveillance policy;
(5) The game operator employer shall ensure at
least one person at the facility while games of chance are being conducted is
trained in the use of the equipment, knowledge of the games, and all applicable
regulations;
(6) Each camera required by these rules shall be
installed in a manner that will prevent it from being readily obstructed,
tampered with, or disabled by customers or employees;
(7) Each malfunction of surveillance system
equipment required by the standards in this section shall be repaired within 72
hours after the malfunction is discovered, if practicable, provided any such
malfunction is be reported to the commission immediately; and
(8) In the event of a dedicated camera
malfunction, the game operator employer or the surveillance person shall
immediately provide alternative camera coverage or other security measures.
(b) In accordance with RSA 287-D:15, II, the surveillance system, at a minimum, shall:
(1) Have an auxiliary or backup power source
available and capable of providing immediate restoration of power to all
elements of the surveillance system;
(2) Include date and time generators that possess
the capability to display the date and time of recorded events on all digital
recordings. The displayed date and time shall not significantly obstruct the
recorded view;
(3) Utilize cameras that possess the capability
of having a picture displayed on a monitor and recorded;
(4) Include sufficient numbers of monitors and
recorders to simultaneously display and record multiple table games and count
room activities, and record the views of all dedicated cameras and
motion-activated cameras; and
(5) Record at 30 frames per second or its
equivalent.
(c) As required by RSA 287-D:15,
III:
(1) All digital records of coverage provided by
cameras required by this section shall be retained for a minimum of 45 days
except as otherwise provided in this paragraph;
(2) Recordings involving suspected or confirmed
gaming crimes, unlawful activity, or actions of investigations by management
personnel shall be retained indefinitely until released by the commission, and
a copy of any report and video shall be forwarded to the commission;
(3) Duly authenticated copies of digital records
shall be provided to the commission upon request;
(4) Multiple recordings shall be made to avoid
any loss of images in the event of a hardware failure;
(5) A recording library log shall be maintained
to demonstrate compliance with the storage, identification, and retention
standards required in this section; and
(6) Except when provided a written notice by the
commission requesting the records to be retained as part of an ongoing
investigation, all recordings may be destroyed after a period of 45 days.
Source. (See Revision
Notes #1 and #2 at chapter heading for Pari 1200) #10929,
eff 9-10-15
PART Pari
1208 RECORDKEEPING
AND REPORTING
Pari 1208.01 Recordkeeping Requirements.
(a) In accordance
with RSA 287-D:22, VI, a charitable organization shall maintain complete and
accurate documentation of all revenues and expenses contained in the financial
reports for at least 2 years from the date the financial report is filed.
(b) The records
required by (a) above shall include, at a minimum, the following information:
(1) Policy and procedure manuals governing gaming
activities, procedures related to the operation of a game, including play,
surveillance, security, revenue collection, and accounting for, reporting, and
auditing the results produced;
(2) Documentation of information technology
procedures and controls, including monitoring systems for security incidents,
data back-up, and maintenance of systems to ensure integrity of games,
including copies of written manuals for surveillance systems, gaming computer
programs, and accounting programs;
(3) Copies of all financial records including:
a. A formal bookkeeping system that records
all receipts and expenditures in connection with the conduct of games of chance
and the disbursement of net proceeds derived therefrom;
b. All supporting documentation related to the bookkeeping
record required in a. above for all games of chance, including:
1. All bank statements, check registers, and reconciliations for games
of chance bank accounts;
2. Bank
deposit slips and canceled checks or copies of checks for games of chance bank
accounts;
3. All
invoices and receipts for all games of chance related purchases; and
4. Canceled
checks, or other backup documentation, such as confirmation of an electronic
transfer, for the payment of expenses and prizes; and
c. Financial reports submitted to the
commission;
(4) A detailed list of manufacturers and
distributers and the type of gaming equipment purchased from each, as required
by RSA 287-E:14, XXII;
(5) A record of work schedules and table
assignments for all persons that participated in the operation of a game of
chance, including:
a. The individual’s names, addresses and phone numbers;
b. The date, time and location of each game that
the individual participated in, including sign-in sheets and time cards, if
applicable; and
c. The type of participation the individual had in the
game on each game date;
(6) Copies of documentation related to the
operation of games of chance, including:
a. Pre-numbered 3-part, table credit and fill slips;
b. Pit game table reconciliation sheets;
c. Cash poker table reconciliation sheets;
d. Cage accountability form summarizing daily cage
activities;
e. Cage inventory count sheets supported by employee
signatures;
f. Inventory transfer to and from cage
documentation sheets;
g. Chip inventory documentation forms, including
purchase, receipt, balances on hand, storage, and destruction;
h. Tournament sign-in or registration
sheets, buy-in, re-buy, and add-on documentation slips;
i. Tournament reconciliation sheets; and
j. Documentation for all prize and
promotional payouts;
(7) Documentation of the calculation of charity
allocation and state tax;
(8) All written contracts, agreements, leases,
rental agreements, or any other statement of understanding regarding the
operation of games of chance; and
(9) An organization chart listing titles, roles,
and responsibilities.
(c) In accordance
with RSA 287-E:22, V, all records pertaining to the
games of chance shall be maintained by the treasurer of the charitable
organization or other duly authorized director, officer, or official of the
charitable organization and shall be made available upon request to the
commission, the attorney general, or the chief of police where games of change
are held.
(d) All licensees
shall create, prepare and maintain accurate and reliable business and
accounting records that are secured from theft, loss, or destruction.
Source. (See Revision
Notes #1 and #2 at chapter heading for Pari 1200) #10929,
eff 9-10-15
Pari 1208.02 Financial Report
Requirements.
(a) Pursuant to RSA
287-D:22, I, a, the charitable organization shall submit a “Games of Chance
Monthly Financial Report” (3/2015) to the commission within 15 days of the end
of each month during which a game of chance was held.
(b) When a
charitable organization hires a game operator employer to conduct the games of
chance on its behalf, but the organization choses to complete and submit its
own financial reports, the game operator employer shall provide the charitable
organization with the financial records necessary to complete the financial
report within 5 business days of each game date.
(c) If the
charitable organization does not receive the financial information within 5 business
days of each game date, as required by (b) above, the charitable organization
shall immediately notify the commission in writing.
(d) Net losses shall be reported as follows on the
financial report:
(1) The net losses from house-backed games may be
offset against net income from house-backed games held on different game dates
within the same reported month; and
(2) The net loss from house-backed games shall
not be offset against raked or tournament games.
(e) Pursuant to RSA
287-D:22, II(c), when the charitable organization conducts its own games of
chance, the organization shall include, with its financial report, the names
and address of the members who participated in the games of chance.
(f) Pursuant to RSA 287-D:22, I, the report required
in (a) above shall be completed and submitted by either:
(1) The treasurer of the charitable organization
or a duly authorized officer, director or official who certifies such
accounting under oath; or
(2) The licensed primary game operator under
contract to conduct games of chance on behalf of the charitable organization.
(g) The functions of bookkeeper and duly authorized signer of
checks shall not be performed by the same person.
Source. (See Revision
Notes #1 and #2 at chapter heading for Pari 1200) #10929,
eff 9-10-15; ss by #12019, eff 10-27-16
PART
Pari 1209 STATE REVENUE PAYMENTS
Pari 1209.01 State Revenue Payments to
the State Treasurer.
(a) In accordance
with RSA 287-D:19, II(a), no charitable organization shall receive less than 35
percent of the gross revenues from any games of chance minus any prizes paid
and rental charges.
(b) Pursuant to RSA 287-D:20, charitable
organization, or the game operator employer hired to act on the organization’s
behalf, shall submit state revenue payments to the commission as follows:
(1) In games where chips have no monetary value,
a payment equal to 3 percent of all funds collected from players, including but not limited to buy-ins and
re-buys, per game date; and
(2) In games where chips have monetary value, a
payment equal to 10 percent of the rake or house winnings and other moneys
collected, including but not limited to
buy-ins and re-buys, that are not paid out as prizes to players.
(c) Payments
required by (b) above shall be:
(1) Made once per month, no later than the 5th
day of the month for the funds collected in the previous month;
(2) In an amount of no less than zero per game
date;
(3) Paid by check, and including the charitable
organization’s identification number and game date on the check; and
(4) Submitted with completed “State Revenue
Invoice for Games of Chance” (6/2016) and “Charitable Organization Member’s
Attestation” (6/2016) forms for each game date.
Source. (See Revision
Notes #1 and #2 at chapter heading for Pari 1200) #10929,
eff 9-10-15
PART Pari 1210 PENALTIES
Pari 1210.01 Penalties.
(a)
Pursuant to RSA 287-D:23, III, VIII, and IX,
disciplinary measures available to sanction misconduct shall include:
(1) Imposition of an administrative order or
fine;
(2) Suspension of a license for a period of up to
one year; and
(3) Revocation of a license.
(b)
Other than the immediate suspension of a license, the commission shall
impose disciplinary sanctions only:
(1) After prior notice to the licensee and the
opportunity for him or her to be heard per the requirements of RSA 541-A:3-, 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. (See Revision Notes #1 and #2 at chapter
heading for Pari
1200) #10929, eff 9-10-15; ss by #12096, eff 1-27-17
Pari 1210.02 Administrative Fines.
(a) Pursuant to RSA 287-D:23,
IX, when the commission imposes an administrative fine upon a person or entity
for a violation of RSA 287-D or this chapter, the order shall be scaled to
reflect the scope of the violation for each offense.
(b) When the commission has determined
that a violation or violations of RSA 287-D, or this chapter have occurred, the
commission shall send a written notice of 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-D:23, IX, any administrative
fine imposed under this section shall not preclude the imposition of further
penalties or administrative actions under RSA 287-D, or this chapter.
Source. (See Revision Notes #1 and #2 at chapter
heading for Pari
1200) #10929, eff 9-10-15; ss by #12096, eff 1-27-17
Pari 1210.03 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 individual, or entity 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 wear a properly issued
identification badge, as required by Pari 1207.01(d);
(2) Failing to prominently display documents, as required by Pari
1207.02(a);
(3)
Failing to post a diagram at each table
where the games of change are going played indicating the type of game being
played, the bet amount, the buy-in amount, and the re-buy amounts, as
applicable; or
(4) Failing to publicly displaying the name of
the licensed charitable organization sponsoring the event.
(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 defined 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, or on a different date than indicated on the license without
approval of the commission;
(3) Operating
games in a manner that differs from the house rules approved by the commission;
(4) A
charitable organization member’s failure to be present and on site at least
once per day during the operation of the games of chance, as required by RSA
287-D:14, XI; or
(5) Committing
3 or more minor violations within 2 years.
(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 games of chance without a license, or with a suspended
license;
(2) Sponsoring
a game of chance with a game operator who is not licensed;
(3) Falsifying
a games of chance license;
(4) Knowingly
operating a game of chance without a representative for the charitable
organization present as required by RSA 287-D:14, XI;
(5) Operating a
game in a manner that tends to deceive the public or affect the chances of
winning or losing, including the use of equipment that has been altered or
tampered with;
(6) Failing to
make available any records required by the commission for investigation,
monitoring or licensing purposes, as required by Pari
1208.01(c);
(7) 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;
(8) Failing to
cooperate during any visit authorized under RSA 287-E or this chapter; or
(9) 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 under Pari 1210.01(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
1210.01(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 25 days from the date of the notice
of the proposed fine;
(2) If
an adjudicative hearing is conducted and the commission’s decision to assess a
fine is upheld, the fine shall be due and payable within 10 calendar days of
the date of the decision, or such longer time period as is specified in the
decision;
(3)
Payment shall be made in the form of personal check or money order which
is made payable to “Treasurer, State of New Hampshire,” or cash in the exact
amount due;
(4) Any
payment submitted to the treasury department in the form of a check or money
order and returned to the state for any reason shall be processed in accordance
with RSA 6:11-a; and
(5)
Cash, money order, or certified check shall be required when any past
payment to the commission by personal check has been returned for insufficient
funds.
(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, a basis for denying a subsequent license or renewal
application, and 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. (See Revision Notes #1 and #2 at chapter
heading for Pari
1200) #10929, eff 9-10-15; ss by #12096, eff 1-27-17
Pari 1210.04 Suspensions,
Revocations and Refusals to Renew a License.
(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;
(2) Failure to
take corrective action following the suspension of a license;
(3) An inability or unwillingness to comply with
RSA 287-D or this chapter, as demonstrated by a pattern of violations;
(4) Failure
to comply with the requirements set for in this chapter or any commission
order to submit records, bank statements, or any other paraphernalia associated
with the operation of games of chance;
(5)
Providing false information to the commission, including willfully and
knowingly making false statements or makes false entries in
any books or records with respect to any transaction connected with the
holding, operating, and conducting of any games of chance event;
(6) Failure
to remit any license fees or other amounts due to the state;
(7) Hindering
or obstructing an authorized representative of the commission in the
performance of official duties, such as refusing to access to the premises, or
failing to produce any books, records or documents for review;
(8) Failure to
comply with the terms and conditions of an administrative order issued by the
commission in accordance with RSA 287-D:23, VIII;
(9) Failing to
pay any administrative, civil, or criminal penalties owed to the commission;
(10) Any
conduct by the licensee that undermines the public confidence in charitable
gaming or serves the interest of organized gambling or crime and criminals in
any manner;
(11) Manipulating
the outcome of any game or otherwise compromising the integrity of the game;
(12)
Participating in illegal activities including possessing illegal
gambling equipment, or permitting illegal gambling in the premises;
(13) Willfully and knowingly conducting business
with unauthorized entities;
(14) Any
material violation of RSA 287-D, as it applies to games of chance, or this
chapter; or
(15) Operating without a valid gaming license in
any state or commonwealth in the United States.
(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-D:23, III, 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. (See Revision Notes #1 and #2 at chapter
heading for Pari
1200) #10929, eff 9-10-15; ss by #12096, eff 1-27-17
Pari 1210.05 Immediate
License Suspension.
(a) When the commission receives information
indicating that a licensee has engaged in supplying 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. (See Revision Notes #1 and #2 at chapter
heading for Pari
1200) #10929, eff 9-10-15; ss by #12096, eff 1-27-17
Pari 1210.06 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 1213.02(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. (See Revision Notes #1 and #2 at chapter
heading for Pari
1200) #10929, eff 9-10-15; ss by #12096, eff 1-27-17
Pari 1210.07 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-D:24, any
person aggrieved by a decision of the commission may appeal the decision by
requesting a rehearing within 15 business days from the date of the
decision. Rehearings and appeals shall be governed by RSA 541.
(c)
In accordance with 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. (See Revision Notes #1 and #2 at chapter
heading for Pari
1200) #10929, eff 9-10-15; ss by #12096, eff 1-27-17
Pari 1210.08 Subpoenas.
(a)
In accordance with RSA 287-D:25,
the commission shall, pursuant to (b) below, issue subpoenas for witnesses and
for documents relative to investigations or adjudicatory hearings held by the
commission.
(b) The commission shall issue a subpoena for the
attendance of witnesses or the production of evidence upon a showing that:
(1) The
testimony or evidence is necessary, relevant and non-repetitive; and
(2) The witness
or evidence cannot be voluntarily obtained.
Source. (See Revision Notes #1 and #2 at chapter
heading for Pari
1200) #10929, eff 9-10-15; ss by #12096, eff 1-27-17
Pari 1210.09 Criminal
Penalties. In addition to the
penalties described in this chapter, licensees shall also be subject to the criminal penalties set forth in RSA 287-D:23, a copy of which is included in Appendix B.
Source. (See Revision Notes #1 and #2 at chapter
heading for Pari
1200) #10929, eff 9-10-15; ss by #12096, eff 1-27-17
PART Pari
1211 WAIVER OF
RULES
Pari 1211.01 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 1200) #10929,
eff 9-10-15
APPENDIX A
RULE |
SPECIFIC STATE STATUTE THE RULE MPLEMENTS* |
|
|
Pari 1201 |
RSA 287-D:3, XVII |
Pari 1202 |
RSA 287-D: 3, XVII |
Pari 1202.02 |
RSA 287-D:1, V; RSA
287-D:3, XVII; and Chapter 276:121 of the Laws of 2015 |
Pari 1203 |
RSA 287-D:3, I-IV, X, XIII, XIV; RSA 287-D:5-10; RSA 287-D:13 |
Pari 1203.01(b) intro and (b)(1) |
RSA 287-D:3, I |
Pari 1203.03(b) intro and (b)(1) |
RSA 287-D:3, I |
Pari 1203.04(c) intro and (c)(1) |
RSA 287-D:3, I |
Pari 1203.05(c) intro and (c)(1) |
RSA 287-D:3, I |
Pari 1203.07(b) intro and (b)(1) |
RSA 287-D:3, I |
Pari 1204 |
RSA 287-D:3, X; RSA 287-D:11-12 |
Pari 1204.01 |
RSA 287-D:3, X; RSA
287-D:11-12 and 28 CFR 16.34 |
Pari 1205 |
RSA 287-D:3, I-IV, X, XIII, and XIV; RSA 287-D:5-10 |
Pari 1206 |
RSA 287-D: 3, VI and VIII; RSA 287-D:6, IV; RSA
287-D:14; RSA 287-D:19 |
Pari 1206.01(a) intro and (a)(3) |
RSA 287-D:3, I; and RSA
287-D:14, XI |
Pari 1207 |
RSA 287-D: 3, VI and VIII; RSA 287-D:6, IV; RSA
287-D:9; RSA 287-D:14-16; RSA 287-D:18 |
Pari 1207.03 |
RSA 287-D:16 |
Pari 1208 |
RSA 287-D:3, VIII; RSA 287-D:22 |
Pari 1208.02 |
RSA 287-D:3, VIII; RSA
287-D:22 |
Pari 1209 |
RSA 287-D:20 |
Pari 1210 |
RSA 287-D:3, V, VI, VIII, IX, XI, XII, & XVII; and RSA 287-D:23-25 |
Pari 1211 |
RSA 287-D:3, XVII |
|
|
*Statute
references are based on RSA 287-D as effective 7/1/15
APPENDIX B
Rule |
Title |
Publisher; How to Obtain; and Cost |
Pari 1206.07(g)(4) Pari 1206.07(h)(4) Pari 1207.03(c)(3) Pari 1210.03(i)(3) |
The New
Complete Hoyle: The Authoritative Guide to the Official Rules of All Popular
Games of Skill and Chance Revised Edition by: Albert H.
Morehead, Richard L.
Frey, Geoffrey Mott-Smith. |
Published by Doubleday, February 1991. ISBN: 0385249624, 9780385249621 This book is available through booksellers, including Amazon. Used
copies are available from Amazon for less than $2.00. |
Pari 1206.07(g)(4) Pari 1206.07(h)(4) Pari 1207.03(c)(3) Pari 1210.03(i)(3) |
Hoyle's Modern
Encyclopedia of Card Games: Rules of All the Basic
Games and Popular Variations by Walter B. Gibson |
Published by Dolphin Books, March 1974. ISBN: 0385076800, 9780385076807 This book is available through booksellers, including Amazon. Used
copies are available from Amazon.com for less than $10. |
Appendix C
RSA 287-D:23 Penalties.
–
I. In addition to any other penalties provided
by law, any person who violates RSA 287-D shall be guilty of a misdemeanor if a
natural person, or guilty of a felony if any other person.
II. Each day on which a
game of chance is played in violation of RSA 287-D shall constitute a separate
offense.
III. The lottery
commission may suspend or revoke the license of any licensee who violates any
provision of this chapter or for just cause shown. Any licensee whose license is revoked shall
not be eligible for licensure for a period of up to one year from the date of
revocation.
IV. (a) Any person who
purposely or knowingly makes a false entry in any report required under this
chapter which results in a reduction of revenues due to a charitable
organization shall be guilty of a class A felony.
(b) Any person who recklessly or
negligently makes a false entry on any report required under this chapter which
results in a reduction of revenues due to a charitable organization shall be
guilty of a class A misdemeanor.
(c) Any game operator employer or
game operator who fails to remit to a charitable organization all revenues due
under this chapter shall be guilty of a class A
felony.
V. Any game operator employer or game operator
who fails to pay the charitable organization all moneys required by this
chapter shall be guilty of a class B felony for any amount less than $500, and
a class A felony for any amount equal to or greater
than $500.
VI. Any person who
violates any provision of RSA 637 in a manner that deprives the charitable
organization of any moneys required by this chapter, notwithstanding the
penalties set forth in RSA 637:11, shall be guilty of a class B felony for any
amount less than $500, and a class A felony for any amount equal to or greater
than $500.
VII. In addition to any
other penalty imposed under this chapter, a charitable organization that
suffers a loss caused by the violation of any provision of this chapter may
bring a civil action for actual damages suffered. If the court finds that the violation was
committed purposefully or knowingly, it shall award enhanced compensatory
damages of not less than 2 times the amount of actual damages suffered, and may
award up to 3 times the amount of actual damages suffered. In any civil action, the prevailing party
shall be awarded court costs and reasonable attorney's fees. No waiver of the
provisions of this paragraph shall be enforceable.
VIII. The lottery
commission may issue an order requiring any person or organization to comply
with this chapter or any rule adopted pursuant to this chapter, and may require
such remedial measures as may be necessary.
IX. The lottery commission may impose an
administrative fine scaled to reflect a violator's prior history of
noncompliance with laws pertaining to games of chance and the scope and
severity of the violation, after notice and hearing, pursuant to rules adopted
under RSA 541-A, for any violation of this chapter, any rule adopted under this
chapter, any license issued pursuant to this chapter, or any order issued
pursuant to this chapter, or upon any person who makes or certifies to a
material false statement relative to any application or report required by this
chapter. In determining the amount of a
fine, the lottery commission may take into consideration all relevant
circumstances, including: the degree of noncompliance, the extent of harm
caused by the violation, the nature and persistence of the violation, the time
and cost associated with the investigation by the state, and the economic
impact of the violation on the state or the charitable organization conducting
or sponsoring the game. No
administrative fine imposed under this paragraph shall preclude the imposition
of other penalties as provided by law. Rehearings and appeals from a decision of the lottery
commission under this paragraph shall comply with RSA 541. Fines imposed by the lottery commission shall
be as follows:
(a) The fine for a minor
violation shall be not less than $25 and not more than $500 per violation. A minor violation shall be one where the
lottery commission determines that the potential for harm to the interests of
the state and the charitable organization, as well as the integrity of
charitable gaming is minor and may include, but is not limited to, the failure
of a game operator, a game operator employer, charitable organization, or
charitable organization member to:
(1) Wear a
properly issued badge;
(2) Post 2
copies of the laws and rules;
(3) Have a
diagram available for each table where games of chance are being played
indicating the type of game being played, the bet amount, the buy-in amount,
and the re-buy amounts as applicable; or
(4) Publicly
display the name of the charitable organization.
(b)
The fine for a moderate violation shall be not less than $250 and not
more than $1,500 per violation. A moderate violation shall be one where the
lottery commission determines that the potential for harm to the interests of
the state and the charitable organization, as well as the integrity of
charitable gaming is moderate and may include, but is not limited to, a game
operator, game operator employer, charitable organization, or charitable
organization member:
(1) Filing a
late financial report;
(2) Operating
a game not specifically listed on the game schedule;
(3) Operating
a game on a different date than licensed without approval of the lottery
commission;
(4)
Committing 3 or more minor violations within 2 years; or
(5) Knowingly
operating a game of chance without a representative of the charitable
organization present as specified in RSA 287-D:14, XI.
(c) The fine for a major
violation shall be not less than $1,000 and not more than $5,000 per
violation. A major violation shall be
one where the lottery commission determines that the potential for harm to the
interests of the state and the charitable organization, as well as the
integrity of charitable gaming is major and shall include, but is not limited
to, a game operator, game operator employer, charitable organization, or
charitable organization member:
(1) Operating
a game of chance without a license;
(2) Operating
a game of chance without having the personnel or officials required;
(3) Purposely
operating a game of chance without a representative of the charitable
organization present as specified in RSA 287-D:14, XI;
(4) Operating
a game of chance with game operators who are not licensed;
(5) Failing
to establish or maintain a New Hampshire bank account; or
(6)
Committing 5 or more minor violations or 3 or more moderate violations
within 2 years.
(d) The lottery commission may
suspend any part of a fine for just cause.
X. All fines
imposed by the lottery commission shall be deposited in the special fund
established pursuant to RSA 284:21-j.
Source. 2014, 329:1, eff. July 1,
2015. 2015, 276:127, eff. July 1, 2015