CHAPTER Lot 1100 KENO
PART Lot 1101 PURPOSE
AND SCOPE
Lot
1101.01 Purpose. The purpose of this chapter is to establish
requirements relative to applying for a keno license, and operating keno games.
Source. #12412, eff 10-27-17
Lot 1101.02 Scope. This chapter shall apply to keno players and
establishments licensed to host on-line keno games.
Source. #12412, eff 10-27-17
PART Lot 1102 DEFINITIONS
Lot 1102.01 “Applicant”
means all owners, partners or members of a business applying for a license to
operate keno.
Source. #12412, eff 10-27-17
Lot 1102.02 “Authorized employee” means an employee of the
keno licensee who has been authorized to sell keno tickets.
Source. #12412, eff 10-27-17
Lot 1102.03 “Commission” means the New Hampshire lottery
commission established pursuant to RSA 284:21-a, or its designated staff acting
on behalf of the commission.
Source. #12412, eff 10-27-17
Lot 1102.04
“Consecutive draws” means the number of
successive keno draws, such as 2, 3, 4, 5, 10, 20, for which a player may make
a selection on a single keno ticket.
Source. #12412, eff 10-27-17
Lot 1102.05 “Executive director”
means the executive director of the New Hampshire lottery commission appointed
in accordance with RSA 284:21-b, II.
Source. #12412, eff 10-27-17
Lot 1102.06
“Keno” means “keno” as defined in RSA 284:41,
namely “any game where a player purchases a ticket from a field of 80 numbers
and selects a specific amount of numbers. A random
number generator employed by the commission chooses 20 numbers at random and
the player is paid out against his or her original wager.”
Source. #12412, eff 10-27-17
Lot 1102.07 “Quic
pic” means a function that allows an on-line terminal to automatically
and randomly select keno numbers for a player.
Source. #12412, eff 10-27-17
Lot 1102.08 “Spots” means
the quantity of numbers, from one to 12, that a player may play per game.
Source. #12412, eff 10-27-17
Lot 1102.09 “Winning numbers”
means the 20 numbers between one and 80 randomly selected from each drawing.
Source. #12412, eff 10-27-17
PART Lot 1103 OBTAINING
A KENO LICENSE
Lot
1103.01 License Requirements.
(a) No individual or
entity shall offer keno without possessing a current and valid keno license
issued by the commission in accordance with RSA 284:41-51 and this chapter.
(b) To qualify for a
license:
(1) The premises where the
keno games will be operated from shall:
a. Be located
in a town or city that has voted to allow the operation of keno games
pursuant to RSA 284:51;
b. Hold at least one of the
following:
1. A valid liquor license
issued by the New Hampshire liquor commission in accordance with RSA
284:45,VI(a); or
2. A valid lottery retailer
license issued by the New Hampshire lottery commission in accordance with RSA
284:21-h; and
c. Be in
compliance with the requirements of the Americans with Disabilities Act
of 1990 (ADA) per the commission’s 1997 settlement agreement with the US
Department of Justice (Complaint No. 204-47-25);
(2) The
area within the premises where keno tickets will be sold shall comply with
the following:
a. For
applicants qualifying in accordance with (1)b.1. above, the area shall be
within the area apportioned for the distribution of alcoholic beverages which
meets the requirements of Lot 1103.02 below; and
b. For applicants
qualifying in accordance with (1)b.2. above, the area shall not be equipped
with active screens on which keno results are displayed;
(3) Neither the applicant
nor any individuals renting, leasing, subleasing, or otherwise providing the
premises or keno paraphernalia for the conduct of keno shall have:
a. Been convicted of a
felony or class A misdemeanor within the previous 10 years which has not been
annulled by a court;
b. Been convicted of a
class B misdemeanor within the previous 5 years which has not been annulled by
a court; or
c. Violated the statutes or
rules governing charitable gaming in this or any other state; and
(4) The applicant shall:
a. Have
the ability to meet financial obligations as demonstrated by:
1. An established credit
history that demonstrates that the applicant makes timely payments, and has no
bankruptcies or tax liens against them; or
2. A bond secured in the
amount of $20,000, naming the commission as the oblige, and conditioned upon
the applicant’s compliance with payment obligations relative to weekly
settlement and remittances;
b. Not have had any
previously issued licenses revoked by the commission within 12-months of the
application being submitted; and
c. Otherwise meet the
requirements for licensure under RSA 284 and this chapter.
(c) To apply for a keno
license, an applicant shall submit the following:
(1) A completed “NH Lottery
Retailer Application” form (October 2022), which shall include consent for the
commission to conduct a credit history check;
(2) Proof of registration
with the NH Secretary of State, Corporation Division;
(3) A “State of New
Hampshire AlternateW-9” form (October 2017);
(4) A “New Hampshire
Lottery Commission Authorization Agreement for Variable Withdrawals (ACH
Debits)” form (October 2017), and:
a. A voided check if
withdrawals will be taken from a checking account; or
b. Bank verification if
withdrawal will be taken from a saving account;
(5) A signed “New Hampshire
Lottery Uniform Retailer Agreement” (October 2022);
(6) A photocopy of a state
or government issued ID for each owner, partner, manager, or officer of the
business identified in section 4 and 5 of the application;
(7) A completed “Criminal
Record Release Authorization Form” (July 2016) authorizing the release of the
applicant’s criminal record to the commission, along with the applicable fee in
the form of a check made payable to State of NH-Criminal Records; and
(8) A license fee of $500,
as required by RSA 284:44, I, made payable to “NH Lottery Commission”.
(d) The applicant shall
submit the application at least 30 days before the first game date at the
location specified on the application.
(e)To renew a keno license, an applicant shall submit:
(1) A completed “Keno
Renewal” form (October 2017); and
(2) A license fee of $500,
as required by RSA 284:44, I.
(f) A licensee shall submit
a renewal request at least 30 days prior to the expiration of their current
license.
Source. #12412, eff 10-27-17;
amd by #12647, eff 10-23-18; ss by #13520, eff
1-14-23
Lot
1103.02 License Approvals.
(a) An
application for a license shall be complete when the commission determines that
all items required by Lot 1103.01(c) or (e) above, as applicable, have been
received.
(b) If, upon review, the
commission determines that the application contains apparent errors or
omissions, the commission shall notify the applicant and request that the
information be corrected or submitted so that the application can be processed.
(c) The commission shall
approve an application and issue a keno license when it finds that the
applicant has:
(1) Met the requirements
set forth in Lot 1103.01(b) above;
(2) The area within the
premises where keno tickets will be sold is suitable for the placement of a
keno terminal and related devices as applicable, including:
a. Adequate space to
accommodate the keno terminal and related devices so as to
allow easy access and use by players;
b. A reliable electrical
supply within 6 feet of where the keno terminal and related devices will be
located;
c. Adequate space to allow
for the prominent display of keno related advertisements, supplies,
and paraphernalia for the promotion and playing of keno to patrons; and
d. For
applicants qualifying in accordance with Lot 1103.01(b)(1)b.1. above, the
area is:
1. Within the area apportioned to the distribution of alcoholic
beverages; and
2. Restricted to
individuals under the age of 18, unless accompanied by a parent or legal
guardian, so as to inhibit underage individuals from
attempting to purchase a ticket;
(3) Agreed to allow the
commission to install all equipment and systems necessary to the operation of
keno, including monitors and communication systems;
(4) Not had a check
returned to the commission for insufficient funds, which was not subsequently
resolved and paid in full;
(5) Submitted all missing
information upon the commission’s request;
(6) Paid all fines imposed
under administrative remedies by the commission;
(7) Not permitted an
individual to operate the game who is prohibited from doing so under RSA
284:45,V(b);
(8) Not provided false or
misleading information to the commission;
(9) Not prevented,
interfered, or failed to cooperate with any inspection or investigation
conducted by the commission;
(10) Provided files or
documents to the commission upon request; and
(11) Not otherwise violated
RSA 284:41-51 or this chapter.
(d) A keno license shall
expire one year after issue, unless otherwise revoked.
(e) Any licensing fee
submitted to the commission 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.
(f) All licenses issued in
accordance with this chapter shall be non-transferable by person or location.
Source. #12412, eff 10-27-17; amd
by #12647, eff 10-23-18; ss by #13520, eff 1-14-23
Lot 1103.03 License
Denials, Suspensions and Revocations.
(a) The
commission shall deny an application or revoke a license when it finds that the
applicant or licensee:
(1) Has not met the
qualifications for licensure as set forth in Lot 1103.01(b) above;
(2) Does not have an area
within the premises that is suitable for the placement of a keno terminal and
related devices as applicable, including:
a. Inadequate space to
accommodate the keno terminal and related devices so as to
allow easy access and use by players;
b. The lack of a reliable
electrical supply within the vicinity of where the keno terminal and related
devices will be located;
c. Inadequate space which
does not allow for the prominent display of keno related
advertisements, supplies, and paraphernalia for the promotion and playing of
keno to patrons; and
d. Unrestricted access to
individuals under the age of 18, who are not accompanied by a parent or legal
guardian, which does not inhibit underage individuals from attempting to
purchase a ticket;
(3) Has not agreed to allow
the commission to install all equipment and systems necessary to the operation
of keno, including monitors and communication systems;
(4) Had a check returned to
the commission for insufficient funds and has not re-submitted the outstanding
fee in the form of cash, money order, or certified check;
(5) Failed to comply with
the terms of the “New Hampshire Lottery Uniform Retailer Agreement” (October
2022), including failure to meet the minimum sales requirement;
(6) Failed to submit an
application that meets the requirements of Lot 1103.01, after being notified of
and given an opportunity to supply missing information;
(7) Failed to pay a fine
imposed under administrative remedies by the commission;
(8) Permitted an individual
to operate the game who is prohibited from doing so under RSA 284:45,V(b);
(9) Provided false or
misleading information to the commission;
(10) Prevented, interfered,
or failed to cooperate with any inspection or investigation conducted by the
commission;
(11) Failed to provide
requested files or documents to the commission upon request; or
(12) Otherwise violated RSA
284:41-51 or this chapter.
(b) Prior to denying, revoking or suspending a license, the commission shall send
to the applicant or licensee a written notice that sets forth:
(1) The reasons for the
proposed action;
(2) The action to be taken
by the department; and
(3) The right of an
applicant or licensee to a hearing in accordance with Lot 200 or RSA 541-A:30,
II, as applicable.
(c) An applicant or
licensee shall have 30 days after receipt of the notice of enforcement action
to request a hearing to contest the action.
(d) If a written request
for a hearing is not made pursuant to (c) above, the action of the commission
shall become final.
(e) In accordance with RSA
284:44, the license application fee shall be refunded if the application is
denied. The licensing fees shall not be transferable to any other
application(s).
(f) In accordance with RSA
284:45, VII, any suspension or revocation of a liquor license shall result in
the immediate suspension of the keno license.
(g) If an immediate
suspension issued pursuant to (f) above is upheld, the licensee shall not
resume operating until the licensee’s liquor license has been restored.
(h) Pursuant to RSA 284:49,
any licensee whose license has been revoked shall not be eligible for licensure
for a period of up to one year from the date of revocation.
(i)
Hearings under this section shall be conducted in accordance with RSA
541-A and Lot 200.
(j) No ongoing enforcement
action shall preclude the imposition of any remedy available to the department
under RSA 284 or this chapter.
(k) Any person aggrieved by
a decision of the commission to deny or revoke a keno license may apply to the
commission for a rehearing within 15 business days of the decision. Rehearings and appeals shall be governed by RSA 541 and Lot
200.
Source. #12412, eff 10-27-17;
amd by #12647, eff 10-23-18; ss by #13520, eff
1-14-23
PART Lot 1104 OPERATION OF KENO GAMES
Lot 1104.01 General Operating Requirements.
(a) Pursuant to RSA 284:45, VI(d), no minor under
the age of 18 shall be allowed to purchase or redeem a keno ticket. Any ticket
purchased by an individual under the age of 18 or by the agent of the
individual shall be void. A winning ticket presented by an individual under the
age of 18 or by the agent of the individual shall not be paid.
(b) For licensees qualifying in accordance with
Lot 1103.01(b)(1)b.1. above, keno tickets shall only be sold within the area
apportioned to distribute beverages pursuant to RSA 284:45.
(c) For licensees qualifying in accordance with
Lot 1103.01(b)(1)b.2. above, winning keno numbers shall not be displayed on an
active screen or monitor.
(d) In accordance with RSA 284:47, keno games may
only be operated between the hours of 11 a.m. and 1 a.m. the following day.
(e) Pursuant to RSA 284:45, V(b), the applicant
shall not allow any employee to participate in the operation of the keno game
who has:
(1) Been convicted of a felony within the
previous 10 years which has not been annulled by a court;
(2) Been convicted of a misdemeanor involving
falsehood or dishonesty within the previous 5 years which has not been annulled
by a court, or
(3) Violated the statute or rules governing charitable
gaming in this or any other state.
Source. #12412, eff 10-27-17;
ss by #13520, eff 1-14-23
Lot 1104.02 Valid Bet. Except as otherwise provided herein, a valid bet on keno using the
on-line system shall be a bet which is:
(a) Placed with and accepted by an authorized employee;
(b) Paid for in full at the
time the bet is placed;
(c) Recorded correctly on a computer
generated ticket;
(d) Represented by a ticket
generated by a commission computer terminal, which contains the following
information:
(1) The number of spots;
(2) The amount wagered per draw;
(3) The numbers selected;
(4) The date of sale;
(5) The number of draws played;
(6) The specific game number(s) for which the bet is
eligible;
(7) The price of the ticket;
(8) A terminal identification number;
(9) An 18-digit ticket serial number;
(10) A machine readable
ticket serial number, or bar code; and
(11) A verifiable numeric representation of the
information contained on the ticket consistent with the information contained
in the commission’s computer records;
(e) Accepted by the commission’s
online gaming system prior to the drawing of the winning numbers for the drawing(s)
shown on the ticket; and
(f)
In the event of a contradiction between
information as printed on the ticket and as accepted by the commission’s keno
system, the bet accepted by the commission’s keno system shall be the valid
bet.
Source. #12412, eff 10-27-17
Lot 1104.03 Placing
Bets.
(a) Bets may be
placed by the bettor by:
(1) Orally instructing the authorized employee of the
number selections the bettor wishes to play, and the sales agent then
registering the bet via the terminal keyboard;
(2) Using the "quic
pic" feature by which the on-line computer system randomly selects the
numbers for the bettor; or
(3) Preparing a betting slip which is then entered into a
terminal operated by an employee of the licensee or a
self-service terminal contained within the within the area apportioned to
distribute beverages pursuant to RSA 284:45.
(b) Betting slips shall be prepared as follows:
(1) Select the desired quantity of numbers, or spots, from
one to 12;
(2) Select the desired amount to be wagered for each game;
(3) Select the number of games; and
(4) Select the specific number selection or mark the
"quic pic" box for the terminal to randomly
select the numbers.
(c) Only official bet slips hand marked by the bettor(s)
may be used to place bets. The use of mechanical, electronic, computer generated or any other method of marking betting slips is
prohibited.
(d) Bet slips shall have no pecuniary or prize value, or
constitute evidence of purchase or number selections.
(e) The terminal shall generate a ticket as described
which is given to the bettor as his or her receipt.
(f) Bets may be cancelled as follows:
(1) A single drawing bet may be canceled on the day it is
placed prior to the selection of the winning numbers for the game for which the
bet is eligible;
(2) A consecutive drawing bet may be canceled on the day
it is placed prior to the selection of the winning numbers for the first game
for which the bet is eligible. Consecutive drawing bets shall not be canceled
after the first game for which the bet is eligible takes place; or
(3) A bet shall be canceled at the on-line terminal in
which the bet was placed, and only by an employee of a licensee.
(g) Bettors shall be entitled to a full refund of their
bet upon cancellation and in no event shall a canceled ticket be entitled to a
prize.
(h) Pursuant to RSA 284:47, bets may be placed between the
hours of 11am and 11pm.
(i) All bets shall
be placed and accepted by the commission’s online gaming system prior to the
drawing on the winning numbers for the specific drawings shown on the ticket.
(j) The bet as represented by the ticket produced by the
computer terminal shall be the only bet on which a prize may be claimed.
(k) Bettors shall be responsible for examining the bet
ticket at the time it is issued to ensure that the ticket accurately represents
the correct number selections, date of bet, amount wagered, and the drawings
for which it is eligible.
(l) In the event that the authorized employee or the
commission’s keno computer terminal errs when the bet is placed, it shall be
the responsibility of the bettor to determine that an error has been made and
to request a new ticket be issued by the authorized employee, provided betting
for that drawing has not closed.
(m) The commission shall not be liable for the payment of
a prize in the event the bet is canceled intentionally or through inadvertence
of the authorized employee.
(n) It shall be the responsibility of the person who
collects the prize to make certain that the amount received is the correct sum
of prize money.
Source. #12412, eff 10-27-17
Lot 1104.04 Betting
Tickets.
(a) The betting ticket shall be a bearer instrument unless
signed by the owner, and a prize may be claimed by anyone in possession of an
unsigned, winning ticket.
(b) Authorized employee may pay claims up to and including
the sum of $599. Any claim of more than $599 shall be made on a claim form
supplied by the commission. The procedure to be followed for claims of more
than $599 and the rules and regulations governing each procedure shall be
pursuant to Lot 600.
(c) No more than one prize shall be paid on each bet
placed.
Source. #12412, eff 10-27-17
Lot 1104.05 Lost,
Mislaid or Stolen Keno Game Ticket.
(a) The commission shall rely solely upon its computer
records in determining whether or not a particular
prize has been paid, and the status as determined by the commission’s online
gaming system shall be binding on the holder.
(b) In the event of a lost, stolen, or mislaid ticket, the
executive director shall order an investigation, and if satisfied that the
claimant in fact is the owner of the lost, stolen, or mislaid ticket and it has
not otherwise been paid, the executive director shall pay the prize to the
claimant thereof.
(c) All payments of prizes on lost, stolen
or mislaid tickets shall not be made for a period of 90 days in the case of a
prize of $200.00 or less and shall not be made for one year if the prize
exceeds $200.00.
Source. #12412, eff 10-27-17
Lot 1104.06 Licensee
Payments.
(a) Keno licensees shall pay all sums due to the
commission on the date established for payment.
(b) Failure to make payment when due shall result
in the commission taking the following actions:
(1) If no other failures have occurred within the previous
12-month, the licensee shall submit payment in full within 2 business days of
receiving notice from the commission that the payment was not made;
(2) If the licensee fails to submit payment as required by
(1) above, or if the failure to submit payment is the second occurrence within
a 12 month period, the commission shall immediately
shut down the keno equipment until payment is made in full;
(3) If a third failure occurs within a 12
month period, the commission shall:
a. Immediately shut down the keno equipment until the
licensee posts a bond in the amount of $20,000, naming the commission as the
oblige, and conditioned upon the licensee’s compliance with payment
obligations; or
b. Immediately revoke the license and remove the keno
equipment; and
(4) If a fourth failure occurs within a 12-month period,
the commission shall immediately revoke the license, remove the keno equipment and collect the bond.
Source. #12412, eff 10-27-17
Lot 1104.07
Prizes.
(a) In accordance with RSA 284:48, II, the licensee shall pay all
prizes of greater than $500 by check, on a single wager. The licensee shall not
cash checks which it issues.
(b) All prizes shall be paid in full, less required tax withholdings,
at the time the claim is made and after the ticket is properly validated.
Source. #12412, eff 10-27-17
PART Lot 1105
RECORDKEEPING
Lot
1105.01 Recordkeeping.
In accordance with RSA 284:48, licensees
shall:
(a)
Maintain a separate checking account for
the deposit and disbursement of all income relating to lottery, except cash
prizes awarded at the games. No lottery funds shall be commingled with other
funds of the licensee;
(b)
Retain all canceled checks for the
payment of expenses and prizes for at least 2 years from the date of the check;
(c)
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; and
(d)
Maintain all financial records and make
such record available to representatives of the commission or of the
commissioner of the department of safety upon request.
Source. #12412, eff 10-27-17
APPENDIX
Rule |
Specific
State Statutes the Rule Implements |
Lot 1101 |
RSA 284:42 |
Lot 1102 |
RSA 284:41 |
Lot 1103.01 |
RSA 284:43, I & II; RSA 284:44-46; RSA 284:49-50 |
Lot 1103.02 |
RSA 284:43, I & II; RSA 284:44-46; RSA 284:49-50 |
Lot 1103.03 |
RSA 284:43, I & II; RSA 284:44-46; RSA 284:49-50 |
Lot 1104 |
RSA 284:43, IV; and RSA 284:47 |
Lot 1105 |
RSA 284:43, IV, V; and RSA 284:48 |