CHAPTER Lot 7000 BINGO GAMES
Statutory Authority: RSA 287-E:3
REVISION NOTE #1:
Pursuant
to 2004, 257:16, effective 1-1-05, rules in Part Sw
2001 entitled “Bingo Games” were transferred to the Pari-Mutuel Commission from
the Lottery Commission. Part Sw 2001 had last been filed by the Sweepstakes Commission
under Document #8000, effective 12-12-03.
The Sweepstakes Commission was renamed the Lottery Commission pursuant
to 2004, 97:1-9, effective 7-10-04.
The
Pari-Mutuel Commission subsequently filed Document #8802, effective 1-20-07,
which readopted with amendments and renumbered the former Part Sw 2001 as Chapter Pari 1000. The rules in Document #8802 therefore
replaced all prior filings for rules in the former Part Sw
2001. The filings of the Sweepstakes
Commission affecting the former Part Sw 2001 included
the following documents:
#1902,
eff 12-28-01
#2538,
eff 12-4-83
#3159,
eff 12-13-85
#4614,
eff 5-23-89
#5070,
eff 2-21-91
#5327,
eff 2-14-92
#6107,
eff 10-27-95
#6607,
eff 10-22-97
#6608,
eff 10-22-97
#7166,
eff 12-21-99
#7308,
eff 6-13-00
#7869,
eff 4-11-03
#8000,
eff 12-12-03
REVISION NOTE #2:
Pursuant
to 2008, 25:1, effective 7-11-08, the Pari-Mutuel Commission was renamed the
Racing and Charitable Gaming Commission.
Document #10928, effective 9-10-15,
readopted with amendments Chapter Pari 1000 and made many changes to the
wording, format, and numbering of the rules in Pari 1000 formerly adopted by
the Pari-Mutuel Commission. Document
#10928 replaced all prior filings affecting Pari 1000. The filings of the Pari-Mutuel Commission and
the Racing and Charitable Gaming Commission affecting the former Pari 1000
after Document #8802 include the following documents:
#8979,
eff 9-19-07
#9412,
eff 3-12-09
#10376,
eff 7-16-13
#10403,
EMERGENCY, eff 8-26-13
#10422,
REPEAL OF EMERGENCY RULE, eff 11-19-13
#10573,
eff 4-18-14
#10574,
eff 4-18-14
#10791,
INTERIM, eff 2-26-15, EXPIRED 8-25-15
Prior
to the filing of rules in Document #10791, effective 2-26-15, many rules in
Pari 1000 had expired 1-20-15 because they had not been affected by filings
after Document #8802, effective 1-20-07.
The rules in Pari 1000 filed in Document #10791, effective 2-26-15, had
expired as interim rules on 8-25-15 until Pari 1000 was readopted with
amendments in its entirety by Document #10928, effective 9-10-15.
REVISION NOTE #3:
The
Racing and Charitable Gaming Commission was abolished pursuant to 2015,
276:121, effective 7-1-15, which amended RSA 284:6-a. Pursuant to 2015, 276:137, II, effective
7-1-15, all existing rules numbered under the rule title “Pari” of the Racing
and Charitable Gaming Commission were transferred to the Lottery Commission,
whose rule title is “Lot.” All the functions,
positions, powers, duties, and responsibilities of the Racing and Charitable
Gaming Commission were similarly transferred to the Lottery Commission pursuant
to 2015, 276:137, I.
Document
#13067, effective 6-26-20, adopted, repealed, readopted and renumbered,
readopted with amendments, or readopted with amendments and renumbered all
of the rules in the former Chapter Pari 1000 titled “Bingo Games”, and
renumbered the chapter as Lot 7000.
Document #13067 replaces all prior filings of the Lottery Commission affecting
the former Chapter Pari 1000.
The
filings of the Lottery Commission affecting the former Pari 1000 after Document
#10928 include the following documents:
#11083,
eff 4-26-16
#12094,
eff 1-27-17
#12130,
eff 3-10-17
PART Lot 7001 PURPOSE AND SCOPE
Lot 7001.01 Purpose. The purpose of this chapter is to establish
requirements for bingo games pursuant to RSA 287-E:1 through RSA 287-E:15.
Source.
(See Revision Notes #1, #2, and #3 at chapter heading for Lot 7000)
#13067, eff 6-26-20
Lot 7001.02 Scope.
(a) Except as allowed in (b) below, this chapter
shall apply to:
(1) Bingo
games held by:
a. Charitable
organizations; and
b.
Agricultural fairs.
(2)
Distributors and manufacturers of bingo supplies and equipment;
(3)
Commercial halls where bingo games are held; and
(4) Entities
or individuals providing gaming consultant services.
(b) Bingo games offered by private campgrounds,
hotels or senior citizen organizations shall not require licensure under this
chapter when conducted in accordance with RSA 287-E:11-13.
Source.
(See Revision Notes #1, #2, and #3 at chapter heading for Lot 7000)
#13067, eff 6-26-20
PART
Lot 7002 BINGO DEFINITIONS
Lot 7002.01 “Bingo” means “bingo” as defined in RSA
287-E:1, I, namely “any game, by whatever name called, in which a prize is
offered to the person first covering squares in a predetermined design on a
card marked into squares for that purpose. ‘Bingo’ shall not include any game
involving a slot machine or any other device in the nature of a slot machine.”
Source.
(See Revision Notes #1, #2, and #3 at chapter heading for Lot 7000) #13067,
eff 6-26-20
Lot 7002.02 “Bingo event” means
a gathering at which a series of no fewer than 10 successive bingo games is
held within a single day.
Source.
(See Revision Notes #1, #2, and #3 at chapter heading for Lot 7000)
#13067, eff 6-26-20
Lot 7002.03 “Bona fide member”
means “bona fide member” as defined in RSA 287-E:1, III namely “a person who
has held full and regular membership in the charitable organization for a
period of not less than 60 days immediately prior to the bingo games in which
such person intends to participate.”
Source.
(See Revision Notes #1, #2, and #3 at chapter heading for Lot 7000)
#13067, eff 6-26-20
Lot 7002.04 “Bonus” means
“bonus” as defined by RSA 287-E:1, III-a, namely “a monetary prize provided by
the charitable organization that is awarded in addition to prizes derived from
moneys paid by players.”
Source.
(See Revision Notes #1, #2, and #3 at chapter heading for Lot 7000)
#13067, eff 6-26-20
Lot 7002.05 “Card” means a game
piece designated to facilitate the game of bingo, consisting of a grid of 5 rows of 5 squares, each column of
which is identified by a letter in the following order B-I-N-G-O, and each
square randomly numbered between 1 and 75, with center square designated as a
“free space”. A card includes a physical game piece as well as an electronic
representation of a card as utilized by a card-minding device system.
Source.
(See Revision Notes #1, #2, and #3 at chapter heading for Lot 7000)
#13067, eff 6-26-20
Lot 7002.06 “Card-minding device system” means an
electronic or computerized device and related hardware and software, used to automatically
track announced bingo numbers, allowing the simultaneous play of a large number
of bingo cards.
Source.
(See Revision Notes #1, #2, and #3 at chapter heading for Lot 7000)
#13067, eff 6-26-20
Lot 7002.07 “Carry-over
coverall” means “carry-over coverall” as defined in RSA 287-E:1, IV-a, namely
“a bingo game in which a prize is awarded to the player who achieves coverall
within 50 or fewer balls. If no player achieves coverall, the prize accumulates
and is rolled over to successive bingo dates.”
Source.
(See Revision Notes #1, #2, and #3 at chapter heading for Lot 7000)
#13067, eff 6-26-20
Lot 7002.08 “Charitable organization” means “charitable
organization” as defined in RSA 287-E:1, V, namely “any bona fide religious,
charitable, civic, veterans or fraternal organization which shall have been
registered with the secretary of state for at least 2 years and in existence
and organized under the laws of this state for at least 2 years in a town or
city in this state, and which possesses
a tax exempt status under Internal Revenue Code 501(c)(3), 501(c)(4),
501(c)(7), 501(c)(8), 501(c)(10), or 501(c)(19) or is covered under a group
ruling issued by the Internal Revenue Service under authority of those
section.”
Source.
(See Revision Notes #1, #2, and #3 at chapter heading for Lot 7000)
#13067, eff 6-26-20
Lot 7002.09 “Commercial hall” means “commercial hall” as
defined by RSA 287-E: 1, V-a namely “any hall owned or leased by an individual,
corporation, realty trust, partnership,
association or any other person who rents or leases the hall to a charitable
organization for the operation of bingo games, excluding halls owned by any
charitable organization or governmental subdivision as specified in RSA
287-E:5, VI.”
Source.
(See Revision Notes #1, #2, and #3 at chapter heading for Lot 7000)
#13067, eff 6-26-20
Lot 7002.10 “Commission” means the New Hampshire lottery
commission established pursuant to RSA 284:21-a, or its designated staff having authority to perform
administrative and clerical functions for the commission.
Source.
(See Revision Notes #1, #2, and #3 at chapter heading for Lot 7000)
#13067, eff 6-26-20
Lot 7002.11
“Distributor” means any person who sells, leases, offers or otherwise
provides, distributes, or services any bingo cards or associated equipment for
use or play in this state. This term
includes shared carryover coverall service providers.
Source.
(See Revision Notes #1, #2, and #3 at chapter heading for Lot 7000)
#13067, eff 6-26-20
Lot 7002.12 “Free play” means any bingo card, or sheet
for a bingo game, other than a winner-take-all or carryover coverall, offered by coupon or any other means
during a licensed bingo event which only certain persons are awarded for no
cost or for a cost less than that listed on the game program if that person
meets the criteria specified in the organization’s house rules.
Source.
(See Revision Notes #1, #2, and #3 at chapter heading for Lot 7000)
#13067, eff 6-26-20
Lot
7002.13 “Game program” means a written document
available to all players prior to the start of any bingo event that describes
the name(s), type(s) and order of the game(s) to be played, all prizes to be
offered and such other information as specified in Lot 7005.07.
Source.
(See Revision Notes #1, #2, and #3 at chapter heading for Lot 7000)
#13067, eff 6-26-20
Lot 7002.14 “Gaming consultant” means “gaming consultant”
as defined in RSA 287-E1, VI-b, namely “any individual or business entity who is
hired by or otherwise receives compensation from a charitable organization to
provide gaming related services including consultation, management, assistance
with the operation of the bingo game or the sale of lucky 7 tickets, record
keeping, filing forms with the commission, advertising, or security and who
handles, manages, oversees, or disburses any of the funds derived from the
operation of the charitable games”.
Source.
(See Revision Notes #1, #2, and #3 at chapter heading for Lot 7000)
#13067, eff 6-26-20
Lot 7002.15 “Hotel” means “hotel” as defined in RSA
78-A:3, III, namely “an establishment which holds itself out to the public by
offering sleeping accommodations for rent, whether or not the major portion of
its operating receipts is derived from sleeping accommodations. The term
includes, but is not limited to, inns, motels, tourist homes and cabins, ski
dormitories, ski lodges, lodging homes, rooming houses, furnished room houses,
boarding houses, private clubs, hostels, cottages, camps, chalets, barracks,
dormitories, and apartments. The term
does not include the following:
(a)
A hospital licensed under RSA 151, or a sanitarium, convalescent home,
nursing home, or home for the aged;
(b)
Any establishment operated by any state or United States agency or
institution, except the New Hampshire department of resources and economic
development; or
(c) An establishment owned by a
nonprofit corporation or association operated exclusively for religious or
charitable purposes, and which does not offer sleeping accommodations to the
general public.”
Source.
(See Revision Notes #1, #2, and #3 at chapter heading for Lot 7000)
#13067, eff 6-26-20
Lot
7002.16 “Host hall” means “host hall” as
defined by RSA 287-E:1, X, namely, “a commercial hall or charitable
organization approved by the commission where a shared carryover coverall game
originates.”
Source.
(See Revision Notes #1, #2, and #3 at chapter heading for Lot 7000)
#13067, eff 6-26-20
Lot 7002.17 “House rules” means instructions adopted by
the charitable organization that describes how bingo games are played and won
as specified in Lot 7005.06 below.
Source.
(See Revision Notes #1, #2, and #3 at chapter heading for Lot 7000)
#13067, eff 6-26-20
Lot 7002.18 “Lighted game board” means
a large lighted board displaying the numbers 1 through 75 which light up as
the numbered balls are announced and placed in a rack.
Source.
(See Revision Notes #1, #2, and #3 at chapter heading for Lot 7000)
#13067, eff 6-26-20
Lot 7002.19
“Manufacturer” means any person who manufactures, builds, rebuilds,
fabricates, assembles, produces, programs, designs, or otherwise makes
modifications to any bingo cards, sheets or associated equipment for use or
play in this state. This term includes manufacturers of shared carryover
coverall equipment.
Source.
(See Revision Notes #1, #2, and #3 at chapter heading for Lot 7000)
#13067, eff 6-26-20
Lot
7002.20 “Mixing machine” means a machine containing
75 numbered balls and a blower attachment blowing air on the balls to mix them
up and randomly force one ball at a time up a chute to be drawn.
Source.
(See Revision Notes #1, #2, and #3 at chapter heading for Lot 7000)
#13067, eff 6-26-20
Lot
7002.21 “Packet” means a group of bingo
paper sheets that are manufactured, collated, and sold by the manufacturer as a
unit.
Source.
(See Revision Notes #1, #2, and #3 at chapter heading for Lot 7000)
#13067, eff 6-26-20
Lot
7002.22 “Package” means any combination
of separately invoiced bingo paper sheets or packets that are sold as a single
unit to players.
Source.
(See Revision Notes #1, #2, and #3 at chapter heading for Lot 7000)
#13067, eff 6-26-20
Lot 7002.23
“Participating hall” means “participating hall” as
defined by RSA 287-E:1, X, namely, “a
commercial hall or charitable organization approved by the commission that
receives a simulcast of the shared carryover coverall played at the host hall.”
Source. (See Revision Notes #1, #2, and #3 at chapter
heading for Lot 7000) #13067, eff 6-26-20
Lot 7002.24 “Private campground” means “private
campground” as defined in RSA 287-E:1, VIII, namely “privately owned property,
open to the public upon payment of a fee, which has been divided into 10 or
more defined spaces upon which tents may be erected or recreational vehicles
may be parked for the purposes of recreational camping. "Private
campground'' shall not include manufactured housing parks as defined in RSA
205-A:1 or recreational camps as defined in RSA 149:20.”
Source.
(See Revision Notes #1, #2, and #3 at chapter heading for Lot 7000)
#13067, eff 6-26-20
Lot 7002.25 “Progressive” means “progressive” as defined
in RSA 287-E:1, IX namely “a variation to any bingo game wherein a player receives
a prize for achieving coverall in 50 or fewer balls drawn and if no player
achieves coverall within 50 or fewer balls drawn, the number of balls drawn
shall be increased one ball per bingo event, until it reaches the maximum of 60
balls, where it shall remain until the prize is awarded.” The term includes
“progressive coverall game”.
Source.
(See Revision Notes #1, #2, and #3 at chapter heading for Lot 7000)
#13067, eff 6-26-20
Lot 7002.26 “Senior citizens organization” means a
nonprofit association or club whose members are 55 years of age or older, and
which exists for the mutual support and benefit of New Hampshire’s senior
citizens.
Source.
(See Revision Notes #1, #2, and #3 at chapter heading for Lot 7000)
#13067, eff 6-26-20
Lot
7002.27 “Shared carry-over-coverall”
means “shared carry-over coverall” as defined in RSA 287-E:1, X, namely, “a
carry-over cover all bingo game conducted at a host hall and exhibited
simultaneously to at least one participating hall by means of an electronic
simulcast feed for the purpose of playing for a common jackpot with the conduct
of the game at the hall under rules adopted by the commission under RSA 541-A.”
Source.
(See Revision Notes #1, #2, and #3 at chapter heading for Lot 7000)
#13067, eff 6-26-20
Lot
7002.28 “Shared carry-over coverall
service provider” means a licensed distributor that provides bingo paper, bingo
game system equipment, or services for the operation of a shared carryover
coverall game.
Source.
(See Revision Notes #1, #2, and #3 at chapter heading for Lot 7000)
#13067, eff 6-26-20
Lot 7002.29 “Sheet” means a single piece of paper on
which 3 or more bingo cards are printed and of a predetermined color used to
distinguish it for use with a specific bingo game.
Source.
(See Revision Notes #1, #2, and #3 at chapter heading for Lot 7000)
#13067, eff 6-26-20
Lot 7002.30 “Winner-take-all
game” means a game, pursuant to RSA 287-E:7, XIII, in which all money received
for the game is awarded, less the 7 percent (%) tax and 7% game reimbursement
fee specified in RSA 287-E:7, XIII, to the winner of the game.
Source.
(See Revision Notes #1, #2, and #3 at chapter heading for Lot 7000)
#13067, eff 6-26-20
PART Lot 7003
LICENSE REQUIREMENTS
Lot
7003.01 Licensing Requirements of
Manufacturers or Distributor.
(a) Manufacturers and distributors
shall not supply or sell bingo paper supplies, electronic bingo player systems,
or shared carryover coverall supplies or networking systems in New Hampshire
without possessing a current and valid license issued by the commission in
accordance with this chapter.
(b) To qualify for licensure, an applicant as
well as all partners, officers, or directors of the entity shall:
(1) Not have been convicted of a felony, which
has not been annulled by any court, within 10 years from the date of
application, or violated any of the statutes or rules governing charitable
gaming in the past in this or any other state, as prohibited by RSA 287-E:7, VI
and RSA 287-E:8-a, II; and
(2) When applying as a
distributor, have a principal place of business located within New Hampshire,
as required by RSA 287-E:8-a, IV.
(c) To obtain a license to manufacture bingo
paper supplies, electronic bingo player systems, or shared carryover coverall
supplies or networking systems, the applicant shall submit the following to the
commission:
(1) A
completed and accurate “Application for Manufacturer License” form (1/2020), which
shall include the certification required by RSA 287-E:8-a, II affirming that
neither the applicant nor any partner, officer, or director has been convicted
of a felony, which has not been annulled by any court, within 10 years from the
date of the application;
(2) Payment for the licensing fee of $5,000, as
established by RSA 287-E:8-a, V(b); and
(3) A copy of a bond posted in the amount of $50,000,
payable to the commission and conditioned upon the licensee’s compliance with
the rules and laws of the commission, as established by RSA 287-E:8-a,
III .
(d) As allowed by RSA 287-E:8-a, V, a
manufacturer with a current New Hampshire license to manufacture lucky 7
tickets shall be authorized to manufacture paper bingo supplies, electronic
bingo player systems, or shared carryover coverall supplies or network systems,
and not be required to pay an additional licensing fee under this chapter.
(e) To obtain a license to distribute bingo paper
supplies, electronic bingo player systems or shared carryover coverall
supplies or networking systems, a distributor shall submit the following to the
commission:
(1) A complete and accurate “Application for
Distributor License” form (1/2020), which shall include the certification
required by RSA 287-E:8-a, II affirming that neither the applicant nor any
partner, officer, or director has been convicted of a felony, which has not
been annulled by any court, within 10 years from the date of the application;
(2) Payment for the licensing fee of $10,000,
pursuant to RSA 287-E:8-a, I; and
(3) A copy of a bond
posted in the amount of $50,000, payable to the commission and conditioned upon
the licensee’s compliance with the rules and laws of the commission, pursuant
to RSA 287-E:8-a, III.
(f) As allowed by RSA 287-E:8-a, I and III, a
distributor with a current New Hampshire licensed for distribution of lucky 7
tickets may distribute bingo paper supplies, electronic bingo player systems,
and shared carryover coverall supplies and networking systems, and shall not be
required to post an additional bond or file for a separate licensing under this
chapter.
(g) If
at any time, the information
provided in accordance with (c) and (e) above changes, or is otherwise found to
be inaccurate, the applicant shall submit updated or corrected information to
the commission within 15 days of the event
that resulted in the change, or discovery of the inaccuracy.
Source.
(See Revision Notes #1, #2, and #3 at chapter heading for Lot 7000)
#13067, eff 6-26-20
Lot 7003.02 Licensing Requirements of Charitable
Organizations.
(a) Charitable organization
shall not hold games of bingo without possessing a current and valid license
issued by the commission in accordance with RSA 287-E and this chapter.
(b) To be
eligible for licensure, an organization shall:
(1) Be a bona fide religious, charitable, civic,
veterans or fraternal organization in existence and organized under the laws of
this state for at least 2 years in a town or city in this state;
(2)
Be able to establish that the purposes for which it was organized have
been furthered through its activities
(3) Possess a tax exempt status under
Internal Revenue Code 501(c)(3), 501(c)(4), 501(c)(7), 501(c)(8), 501(c)(10),
or 501(c)(19) or be covered under a group ruling issued by the Internal Revenue
Service under authority of those sections;
(5) Be in good standing and registered
with the director of charitable trusts, if required under RSA
7:19 through RSA 7:32.
(c) To obtain a
bingo license, a charitable organization shall
submit the following to the commission:
(1) A complete and accurate “Charitable
Organization Bingo Application” form (1/2020),
which shall include a certification affirming that:
a. The individual
signing the application is an
official of the charitable organization authorized to sign the application on
the organization’s behalf;
b. Except as otherwise allowed, only bona fide
members of the charitable organization will be permitted to operate the bingo
event, and that such members are aware of all statutes and rules applicable to
the operation of such an event;
c. The charitable organization has taken action
to ensure compliance with RSA 287-E:7, VI relative to individuals with a
criminal history participating in the operation of a bingo event;
d. The charitable organization has established
and will adhere to internal control policies and procedures in accordance with
the requirement of Lot 7000;
e. The information provided on the application
and any supporting documentation submitted with the application is true,
accurate, and complete, and that
there are no willful misrepresentations in or falsifications of the information
provided; and
f.
Any amendments or corrections to the provided documents will be submitted to the commission within
15 days of any event that resulted in a change, or the discovery of the inaccuracy;
(2) Supporting documentation, as required by (d)
below; and
(3) Payment of the licensing fee of $25 per bingo
event, as established by RSA 287-E:4, I.
(d) The supporting documentation required by
(c)(2) above shall include:
(1)
One of the following documents confirming the organization’s tax exempt
status:
a.
An affirmation letter or letter of determination from the Internal
Revenue Service (IRS) that indicates the organizations tax exempt status under 26 USC §501(c)(3), (4), (7), (8), (10), or
(19); or
b. If the charitable organization is exempt by virtue of a group
ruling:
1. A copy of
the group exemption letter issued to the central organization recognizing on a
group basis the exemption under section 26 USC §501(c)(3), (4), (7), (8), (10),
or (19), of subordinate
organizations on whose behalf the control organization has applied for
recognition of exemption; and
2. A letter
from the central organization with which the charitable organization is
affiliated confirming that the charitable organization is covered under the
central organization’s group tax exemption;
(3) One of the following from the director of
charitable trust:
a. Documentation,
which includes the organization’s name and ID number, confirming that the
organization is registered and in good standing; or
b. If
registration is not required under RSA 7:19-32-a, written documentation
confirming that the organization is exempt from this requirement;
(4) A letter
written on the charitable organizations letterhead and signed by an authorized
officer of the organization, which describes:
a The charitable
purposes of the organization for which it is organized; and
b. The
extent to which these charitable purposes have been furthered by the
organization’s activities in the 2 years prior to the
date of the application;
(5) A
completed “Gaming Operations Participant List” form (1/2020), that has been signed,
dated, and certified as accurate by an officer of the organization;
(6) A copy of
the charitable organization’s bingo house rules, which meets the requirements
set forth in Lot 7005.06 below;
(7) A copy of
a game program, which meets the requirements set forth in Lot 7005.07 below; and
(8) Copies of
all written agreements or contracts relative to:
a. Gaming
consultant services provided in accordance with RSA 287-E:7, II(b);
b. Shared
bingo, including agreements between the host and participating halls and the
shared carryover coverall service provider; and
c. Rental or
lease agreement for the facility where the games will be played.
(e) Upon request of the commission, the individual signing the application
shall show proof that he or she is an official of the charitable organization
authorized to sign the application on behalf of the organization, such as
providing copies of the meeting minutes at which the governing body authorized
such authority.
(f) The charitable organization shall submit a
license application and related documentation to the commission at least 15
days, but no more than 45 days prior to the first bingo event of the month or
year for which the license has been requested.
(g) If at any time, the information provided in
accordance with (c) and (d) above changes, or is otherwise found to be
inaccurate, the applicant shall submit updated or corrected information to the
commission within 15 days of the event that resulted in the change, or
discovery of the inaccuracy.
(h) An organization shall immediately notify the
commission in the event that it no longer meets the qualifications for
licensure, including the loss of its tax exempt status, or failure to maintain
its registration with the secretary of state or director of charitable trust,
as required by RSA 287-E:1, V.
Source.
(See Revision Notes #1, #2, and #3 at chapter heading for Lot 7000)
#13067, eff 6-26-20
Lot
7003.03 Licensing Requirements of
Gaming Consultants.
(a) In accordance with RSA 287-E:7, II(b), no person
shall receive compensation for providing gaming related services, as described
in (b) below, unless licensed by the commission as a gaming consultant, and the
services to be provided are agreed to in writing, in advance of said services
being provided.
(b) An individual shall be deemed as providing
gaming related services when he or she participate in the management or
operation of the charitable gaming event, or handles, manages, oversees, or
disburses any of the funds derived from the operation of the charitable gaming
event.
(c) Gaming related services shall include the
following:
(1) Providing consultation services;
(2) Managing the operation of a bingo event,
including:
a. Providing direct on-site supervision of the
bingo event; or
(3) Participating in the operation of the bingo
event, including:
a.
Selling bingo papers and supplies;
b. Acting as, or providing assistance to, the
ball caller; or
c. Determining winners or distributing prizes;
(4) Providing record keeping services relative to
the bingo event;
(5) Preparing reports and other forms;
(6) Developing or arranging advertising; or
(7) Providing security or advertising services for
the bingo event.
(d)
A gaming consultant shall not be a licensed distributor or manufacturer,
be employed by a distributor or manufacturer, or have any direct or indirect
financial relationship with a distributor or manufacturer.
(e)
All individuals providing services on behalf of a licensed entity shall
also be licensed as a gaming consultant prior to offering such services.
(f)
To obtain a gaming consultant license, the applicant shall submit the
following to the commission:
(1) A completed and accurate “Gaming Consultant
Application” form (1/2020),
which shall include a certification affirming that:
a.
The applicant is 18 years of age or older, and does not have a criminal
record as prohibited by RSA 287-E: 7, VI;
b. The applicant will abide by RSA 287-E, Lot
7000 and Lot 7100, as applicable, in the performance of his or her duties as a
licensed gaming consultant;
c.
The information provided on the application and on any of the supporting
documentation is true, accurate and complete and that there are no willful
misrepresentations in or falsifications of the information provided; and
d.
Any amendments or corrections to the provided documents will be submit to the commission within 15
days of any event that resulted in a change, or the discovery of the inaccuracy;
(2) Copies of all
agreements with charitable organizations relative to gaming consultant services,
enacted in accordance with (i) below;
and
(3) Payment of the licensing fee of $100, as
established by RSA287-E:4, II-b.
(f)
Applicants for a gaming consultant license shall submit the application
and all related documentation to the commission at least 45 days prior to the
services being provided.
(h) If
at any time, the information
provided in accordance with (f) above changes, or is otherwise found to be inaccurate, the gaming consultant
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.
(i) All agreements
between the gaming consultant and a charitable organization shall be enacted
using the “Standard Form of Agreement for Gaming Consultants” form (1/2020);
(j) The gaming consultant shall submit all
amended agreements to the commission prior to the agreement going into effect,
and attest in writing that the agreement complies with the requirements set
forth in this part.
(k) In accordance with RSA 287-E:7, no individual
who has been convicted of a felony or class A misdemeanor within the previous
10 years, or a class B misdemeanor within the past 5 years and neither of which
has been annulled, or who has violated any of the statutes or rules governing
charitable gaming in the past in this or any other state shall operate a bingo
event or participate in the sale of lucky 7 tickets licensed under this
chapter.
Source.
(See Revision Notes #1, #2, and #3 at chapter heading for Lot 7000)
#13067, eff 6-26-20
Lot 7003.04 Licensing Requirements of Commercial Halls.
(a)
No individual or entity, other than a charitable organization or governmental
subdivision, shall lease or rent premises for the conduct of bingo without a
commercial hall license issued by the commission.
(b)
To
obtain a commercial hall license, the individual or entity shall submit the
following to the commission:
(1) A completed and accurate “Commercial Bingo
Hall Application” form (1/2020),
which shall include a certification affirming that:
a. The owner(s) of the property has not been
convicted of a felony or class A misdemeanor within the previous 10 years, or a
class B misdemeanor within the past 5 years, which have not been annulled by a
court, nor have they violated any of the statutes or rules governing charitable
gambling in the past in this or any other state;
b.
All leases and rental agreements relative to the use of this facility as
a commercial bingo hall comply with the requirements of Lot 7000, and that all
items and services required by Lot 7004.05 shall be provided;
c.
The information provided on the form and on any of the supporting
documentation is true, accurate and complete and that there are no willful
misrepresentations in or falsifications of the information provided;
(2) Copies of all rental or lease agreements in
effect related to the use of the premises for the conduct of bingo games; and
(3) Payment of the licensing fee of $250, as
established by RSA 287-E:4, II-a.
(c)
Applicants for a commercial hall license shall submit the application to
the commission at least 45 days prior to any bingo games being conducted in the
hall.
(d) If at any time, the information provided in accordance with (b) above
changes, or is otherwise found to be inaccurate, the applicant shall submit
updated or corrected information to the commission within 15 days of the event that resulted in the change, or
discovery of the inaccuracy.
(e)
The commercial hall shall submit all amended lease or rental agreements
to the commission prior to the agreement going into effect, and attest in
writing that the agreement complies with the requirements set forth in this
part.
(f) A government subdivision, or a charitable
organization may lease, rent, or otherwise allow a charitable organization to
conduct bingo at a facility it owns without obtaining a commercial hall license
when it can demonstrate proof of property
ownership, and its qualification as a government subdivision or charitable
organization as defined in Lot 7002.08.
Source.
(See Revision Notes #1, #2, and #3 at chapter heading for Lot 7000)
#13067, eff 6-26-20
Lot 7003.05 Licensing
Requirements of Host Halls.
(a) Pursuant to RSA 287-E:13-a, to be eligible to
act as a host hall for shared bingo games, the applicant must hold a valid
bingo license under RSA 287-E:6.
(b) Any commercial hall or charitable
organization wishing to act as a host hall shall submit the
following documentation to the commission at least 30-days prior to the first
proposed game date:
(1) A
completed and accurate “Shared Carryover Coverall Bingo Host Hall
Application” form (1/2020), which shall include a certification asserting that the
information provided on
the form and on any of the supporting documentation is true, accurate and
complete and that there are no willful misrepresentations in or falsifications
of the information provided;
(2) A network management plan for conducting the
shared bingo game that:
a. Ensures proper control and accountability;
b. Preserves the integrity of the game;
c.
Is fair and does not systematically disadvantage customers; and
d.
Includes details descriptions of the
following:
1. The
technology being used to simulcast the game;
2.
The card origination, inventory control and distribution systems, which shall
include minimum controls to
track and monitor the distribution of the papers;
3.
The method of calling number at
the host hall, and transmitting them to each participating hall;
4. The house
rules;
5. The card
sales and reporting system;
6. Jobs of
personnel involved in the conduct and administration of the game;
7. The procedure
to verify winning cards;
8. The financial
and inventory control forms that will be used;
9. The process
for transferring funds between halls;
10. The procedure
that will be in place for paying the winner(s);
11. The security
features in place; and
12. The plan
for the continuation of a game in the event of a communication system failure;
(3) A copy of all written agreements between the
host hall and each participating hall, which complies with the requirements of
Lot 7006.05(a) below; and
(4) A copy of bond posted in the amount of no less than
$50,000 and no more than the highest jackpot prize offered within the previous
24 months payable to the commission and conditioned upon the licensee’s compliance
with the rules and laws of the commission, as established by RSA 287-E.
Source.
(See Revision Notes #1, #2, and #3 at chapter heading for Lot 7000)
#13067, eff 6-26-20
Lot 7003.06
Licensing Exemptions for Private Campground, Hotels and Senior
Citizen Organizations.
(a)
In accordance with RSA 287-E:12, a private campground or hotel may
conduct bingo games without a license when the private campground or hotel:
(1) Has been in existence for at least 2 years in
the city or town where the games are to be held;
(2) Was not established solely for the purpose of
operating bingo games; and
(3) Conducts bingo activities in accordance with
the conditions set forth in RSA 287-E:12, as follows:
a. No more than 2 bingo events shall be held in
any one calendar week;
b. Only individuals on staff at the campground
or hotel shall operate the games;
c. Compensation to staff for operating such games
shall not come from bingo revenues;
d. Only individuals 18 years of age or older who
are bona fide guests at the campground or hotel shall be allowed to play bingo;
e. The price to be paid for a single card or
play shall be $0.50;
f. All revenues received from the sale of bingo
cards in any game or series of games in any one calendar day shall be paid out
to the players, with the total value of all prizes, tokens or awards used, given, offered, or awarded in
connection with any one game on any calendar day shall not exceed a payout
value of $500, or series of games on the same day shall not exceed a payout
value of $2,000; and
g. A list of bona fide guests, and the dates of
their stay, is maintained by the private campground or hotel for a minimum of 2
years.
(b)
In accordance with RSA 287-E:13, a private campground or hotel may
conduct special bingo games for children under the conditions specified in (a)
above with the following exceptions:
(1) No games shall be conducted prior to 11:00
a.m. on a weekday, or prior to noon on a Sunday, and all games shall be
finished by 8:30p.m. on any day;
(2) There shall be no charge for play;
(3) Games shall only be open to individuals under
the age of 18, except that individuals over the age of 18 may play the game for
the purpose of supervising a child or children. Such individuals shall not be
eligible to win a prize, and any cards the adult is playing shall be marked in
such a way that the bingo attendant is able to identify it as not eligible to
win under this paragraph;
(4) Nonmonetary prizes may be awarded, but the
value of any prize shall not exceed $2; and
(5) Prizes shall not be exchanged for money.
(c)
In accordance with RSA 287-E:11, any senior citizens’ organization may
conduct bingo games without a license when:
(1) The city or town where the games will be held
has adopted RSA 287-E; and
(2) The organization conducts bingo activities in
accordance with the conditions set forth in RSA 287-E:11, as follows:
a. Games shall be open only to persons 55 years
of age or older, unless the rules for senior activities on the premises require
a higher minimum age for admission;
b. Person under 55 years of age who are
assisting persons 55 years or older may be allowed on the premises;
c. The price for a single card or play shall not
exceed $0.75; and
d. All prizes, tokens, or awards used, given,
offered, or awarded during or in connection with this section, in any one game
on any one calendar day shall not exceeding $500; and
(3) The organization utilizes any revenue
remaining after the awarding of prizes, tokens and awards in accordance with
(c)(2)d. for the purposes for which it was organized.
Source.
(See Revision Notes #1, #2, and #3 at chapter heading for Lot 7000)
#13067, eff 6-26-20
Lot 7003.07 Criteria
for the Approval or Denial of an Application for Licensure.
(a) The commission
shall approve an application and issue the applicable license when:
(1) The applicant has been found to meet the
requirements for licensure as set forth under RSA 287-E and this chapter.
(2) The application has been found to be complete
and accurate;
(3) The applicable licensing fee has been paid,
in accordance with Lot 7003.01-.06 above;
(4) If required, a bond has
been posted, and a copy of the bond certificate has been submitted to the
commission with the application;
(5) All documents required by Lot 7003.01-.06
above, including written agreements between licensees, have been submitted, and
found to be complete, accurate, and in compliance with the requirements set forth
in this chapter;
(6) In the case of a distributor application, the
applicant’s principal place of business is located within New Hampshire, as
required by RSA 287-E:8-a, IV;
(7) In the case of a charitable organization
application:
a.
If the organization was previously
licensed, there are no outstanding “Bingo Monthly Financial Reports” (1/2020)
due to the Commission per Pari 7007.03 below
b. The
commission determines that the written internal control procedures are adequate
to preserve the integrity of the games;
c. The charity has demonstrated
progress in accomplishing its charitable purposes during the 2-year period
prior to the date of the application. For the purpose of this clause,
"accomplishing its charitable purposes" means relief of poverty,
advancement of education, protection of health, relief from disease, relief from
suffering or distress, protection of the environment, conservation of wildlife,
advancement of civic, governmental, or municipal purposes, or advancement of
those purposes as delineated in the articles of incorporation or the bylaws of
the organization; and
d. The
organization is in good standing with the director of charitable trust and its
central organization, as applicable;
(8) In the
case of a commercial hall application, copies
of the rental or lease agreement have been submitted in accordance with Lot
7003.04(b)(2) above, and found to comply with the requirements set forth in Lot
7004.05 below; and
(9) In the case of a host hall application:
a. The network management plan complies with Lot
7003.05(b)(2) above; and
b.
The shared carryover coverall system, obtained through a licensed
manufacturer and distributor, meets the requirements of Lot 7005.04.
(b) The commission
shall deny the application when the applicant:
(1) Does not meet the qualifications for
licensure specified in RSA 287-E and this chapter.
(2) Has not complied with the application
requirements and procedures, as specified in RSA 287-E and this chapter;
(3) Has made a materially false statement in the
application or in any document that is submitted as part of the application
process;
(4) Has not complied with an administrative order
or fine issued in accordance with Lot 7008, has a criminal record, as
prohibited by RSA 287-E:7,VI, or has had a charitable gaming license suspended
or revoked within the past year; or
(5) The location where the games will be played
is not in a city or town that has adopted RSA 287-E in accordance with RSA
287-E:27 and RSA 287-E:27-a.
(c) In accordance with RSA 287-E:6:
(1)
A license shall not be transferable; and
(2) For a charitable organization:
a. No more than one license shall be issued per
calendar month; and
b.
The license shall permit no more than 10
game dates of bingo in one calendar month; and in no more than one town or city
which has authorized bingo games under RSA 287-E:27.
Source.
(See Revision Notes #1, #2, and #3 at chapter heading for Lot 7000)
#13067, eff 6-26-20
Lot 7003.08 Expiration of an Issued License.
(a)
Licenses
issued in accordance with this chapter shall be non-transferable, and shall
expire in accordance with the following:
(1) Distributor or manufacturer licenses shall expire on
June 30 following the date of issue;
(2) Charitable organization licenses shall expire
on the last day of the month for which the license was issued, or for annual
licenses, the last day of the year in which it was issued; and
(3) Commercial hall licenses shall expire on June
30 following the date of issue.
(b) All licenses shall be valid
only for the activities, location, dates, and times as listed on the license.
(c)
Any licensee that ceases to conduct bingo activities shall immediately
notify the commission in writing and provide the commission a report as to the
disposition of:
(1) All unused bingo inventory; and
(2) Any bingo player systems used by the charity.
Source.
(See Revision Notes #1, #2, and #3 at chapter heading for Lot 7000)
#13067, eff 6-26-20
PART Lot 7004
RESPONSIBILITIES OF THE LICENSEE
Lot 7004.01 Responsibilities
of All Licensees. All licensees shall:
(a) Conduct
charitable gaming activities in a manner that ensures:
(1) The integrity of the game;
(2) That the games are fair, secure, and able to
be auditable and operate correctly; and
(3) That all games are free from corruption,
criminal influences, and conflicts of interest.
(b) Maintain all records for a
period of 2 years, or longer than 2 years when notified by the commission that
an audit, compliance review, or investigation is being conducted, in which case
all records shall be maintained until the audit, review or investigation has
concluded; and
(c)
Permit the commission or its designee to examine all bingo related
books, records, inventory, and business or gaming premises as deemed necessary
for an ongoing inspection, investigation or audit, or to otherwise determine the licensee’s compliance with RSA
287-E and this chapter.
Source.
(See Revision Notes #1, #2, and #3 at chapter heading for Lot 7000)
#13067, eff 6-26-20
Lot 7004.02 Responsibilities
of the Licensed Manufacturer.
(a) Each licensed
manufacturer of bingo paper supplies and electronic bingo player systems shall:
(1) Ensure that all bingo paper supplies and
electronic bingo player systems sold or supplied for use in New Hampshire
comply with the standards set forth in this chapter;
(2) When selling bingo
supplies and systems for use in New Hampshire, only sell
to New Hampshire licensed distributors;
(4) Not duplicate the same serial number in a
given year on the same series;
(5) Comply with the construction standards as set
forth in Lot 7005.02;
(6) Comply with the reporting requirements set
forth in Lot 7107.01 below; and
(b) In addition to
above, manufacturers of card-minding systems shall provide to the commission
all current protocols, usernames, passwords, and any other required
information needed to download or otherwise access the system via a remote
connection.
(c) Neither the manufacturer, nor any of its
employees, shall participate in the bingo games it provides to its customers in
New Hampshire.
Source.
(See Revision Notes #1, #2, and #3 at chapter heading for Lot 7000)
#13067, eff 6-26-20
Lot
7004.03 Responsibilities of the Licensed
Distributor.
(a) Each licensed distributor of bingo paper supplies
and electronic bingo player systems shall:
(1) Ensure that all bingo paper supplies and
electronic bingo player systems sold or supplied for use in New Hampshire
comply with the standards set forth in this chapter;
(2) Only supply bingo paper supplies and
electronic bingo player systems to licensed charitable organizations;
(3) Immediately return any unauthorized bingo
supplies in its possession to the manufacturer;
(4) In accordance with RSA 287-E:8-a, record the
sale of all bingo cards or sheets sold by serial number, and listed the serial number
on the charitable organization’s invoice;
(5) Develop internal control procedures and
recordkeeping standards to track and account for bingo supplies and systems it
purchases, sells or holds in inventory, including an explanation of any
discrepancies;
(6) Maintain all relevant records pertaining to
bingo related sales, leases or rentals for a period of 2 years, including the
following:
a. Series and serial numbers of bingo cards and
sheets;
b. Description of the bingo cards and sheets sold
including, but not limited to:
1. Color;
2. Cut of the paper;
3. Quantity; and
4. Marketing name;
c.
The name, address and license number of the charitable organization making the
purchase;
d. The name of the manufacturer; and
e. The quantity of bingo cards or sheets
contained in the packaging carton;
(7) If providing shared carryover coverall
services, maintain all agreements, including:
a. Any agreements with charitable organizations
to provide shared carryover coverall game system equipment or services, which
shall include the terms and conditions of such agreements and, if applicable,
details on the operation of the shared bingo game and distribution of costs and
proceeds; and
b. Any licensing agreements with other entities
for software and hardware developed for conducting shared bingo; and
(8) Take such
action
as to ensure compliance with RSA 287-E:23, II which prohibits
any partner, officer or director of the entity from having been convicted of a
felony, which has not been annulled by any court, within the past 10 years.
Source.
(See Revision Notes #1, #2, and #3 at chapter heading for Lot 7000)
#13067, eff 6-26-20
Lot 7004.04 Responsibilities
of the Licensed Charitable Organization.
Licensed charitable organizations shall:
(a) Adopt house rules in accordance with Lot
7005.06 below;
(b) Prominently display the following documents
within the commercial hall or facility in areas that are accessible to and
easily seen by the public, including in the immediate area where bingo games
are played:
(1) The organization’s current bingo license,
pursuant to RSA 287-E:6;
(2) At least one copy of RSA 287-E and this
chapter;
(3) At least one copy of any house rules that
apply; and
(4) A copy of the current game program;
(c) Prominently display a sign in the immediate
area where the bingo games are played advising the public of the phone number
where complaints related to charitable gaming may be made;
(d) Only compensate for gaming related services
when the individual or entity providing the services is a licensed gaming
consultant with whom the organization has a written agreement.
(e)
Only reimburse bona fide members of the
organization for out-of-pocket expenses in an amount not to exceed $25 per game
date when such expenses are itemized and submitted in writing to the
organization.
(f) For each bingo event, designate a member of
the charitable organization or engage a gaming consultant to act as the gaming
manager who shall be responsible for:
(1) Ensuring that the games are conducted in
accordance with RSA 287-E and this chapter;
(2) Determining program content, prize level
requirements, products to be purchased and put into play;
(3) Overseeing the game event by supervising
volunteers, and monitoring the conduct of the games;
(4) Ensuring that all receipts and disbursements
have been properly accounted for, all source documents, and inventory records
are complete and, all inventory records have been reconciled;
(5) Verifying proper accounting for that all
gambling expenditure, equipment, assets and receipts;
(6) Controlling the execution of the games,
including payouts and the preparation of transaction records;
(7) Ensuring that all security measures and
internal controls are in place to protect the integrity of the games and gaming
assets; and
(8) Remaining on the premises during the bingo
event to address and resolve any issues that occur during the bingo event;
(g) Only sell bingo
supplies and systems that have been:
(2)
Approved by the
commission;
(h)
Conduct bingo games in accordance with RSA 287-E and this chapter;
(i) 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, which ensure that:
(1) Assets are safeguarded;
(2) Financial records are accurate, reliable and permit
proper reporting of gaming revenue, fees and taxes;
(3) Functions, duties, and responsibilities are
appropriately segregated and performed in accordance with sound business
practice by competent, qualified personnel, with no individual in a position
that would allow them to perpetuate and conceal errors or irregularities in the
normal course of duties;
(4) Integrity of the game is preserved by
preventing unauthorized access, misappropriation, forgery, theft, or fraud;
(5) Controls that have been put in place are
effective, and that any abnormalities are investigated and addressed;
(6) Transactions are performed only in accordance
with management’s general or specific authorization;
(7) Transactions are recorded adequately to
permit proper reporting of gaming revenue and of fees and taxes, and to
maintain accountability for assets;
(8) Recorded accountability for assets is
compared with actual assets at reasonable intervals, and appropriate action is
taken with respect to any discrepancies; and
(9) Accountability for assets is maintained in
accordance with generally accepted accounting principles; and
(1)
Control the access and distribution of all bingo supplies;
(2)
Designate an individual who will control, purchase, track, and account
for bingo supplies;
(3)
Develop procedures to track the purchase, storage, and distribution to
individuals selling bingo supplies and their removal from inventory;
(4)
Develop a perpetual inventory tracking system and conduct monthly
physical inventory counts to compare and reconcile with that system, and investigate
and resolve any discrepancies;
(5)
Develop a receipting system for the sale of the cards and sheets to be completed for each
bingo event that includes comparing cash register receipt or manual receipt
summaries to calculated sales based on the selling price of the cards and
sheets sold, where the calculated sales are based on the quantity of cards and
sheets sold, determined by the quantity of
cards and sheets issued out of inventory at the beginning of the bingo
event, less the quantity of cards and sheets returned to inventory at the
conclusion of the event;
(6)
Develop a procedure to record the gross receipts generated from the sale
of cards and sheets sold by floor workers, and implement such procedures
through such things as an inventory accounting system or a floor worker sales
report;
(7)
Limit access to the funds in the bingo bank accounts created in
accordance Lot 7007.01(a) to authorized executive members of the organization;
and
(8)
Assign an individual, who is independent of the person primarily
responsible for the control of the inventory and purchasing of the cards and
sheets or responsible for accounting for the funds generated from the sale of
cards and sheets, to reconcile the funds deposited into the bingo bank accounts
to the funds generated from the sale of cards and sheets;
(k) Retain control over funds jointly held in a
cooperative agreement, and ensure that such authority is not extended to a
facility owner, or other outside agents;
(l) Maintain records pertaining to bingo gaming activities including:
(1)
Copies of all policies and procedures;
(2) Any records or documents necessary to track
bingo cards and sheets from the date of purchase through the final disposition,
including:
a.
The purchase register which includes the quantity, description, series,
serial number, cut, color, date of purchase, cost and purchase invoice number;
b. Inventory control records which
include the quantity and description, series, serial number, cut, color, and
date the bingo cards and sheets placed into, withdrawn from, or returned to,
inventory;
c.
The sales register controls for the cards or sheets sold by individual
floor workers, which includes:
1.
A record of the quantity of all cards or sheets sold by individual floor
workers;
2.
The individual's name;
3.
The value of the cards or sheets;
4.
The type of cards or sheets; and
5.
The amount of cash turned in by the individual;
d.
The bingo event report which reflects:
1.
The gross receipts;
2.
Prizes paid;
3.
The number of players in attendance; and
4.
The quantity of singles, packages, or packets sold with corresponding
value of the bingo card or sheet;
e.
For each game, the center number of all winning cards, the quantity of
winning cards, the game name or number as described on the game program, and
the amount of balls called;
f.
For each winner-take-all, carryover coverall, and progressive coverall
game, the amount of balls called and the value of the prize, if carried over;
g.
The record of all prizes paid, with separate listing for those paid by
cash from those paid by check;
h.
The daily cash count records which include the amount of cash available
for deposit and the amount actually deposited in the bingo bank account; and
i. The check register which details all deposits
and disbursements from the bingo bank account;
(3)
Bank statements, check registers, reconciliations, and cancelled checks
and bank deposit slips for bingo bank accounts;
(4)
The purchase of bingo paper supplies and electronic bingo player systems, including
copies of invoices provided by the distributor;
(5)
The calculation of charity allocation and state tax;
(6)
All written contracts, agreements, leases, rental agreements, or any
other statement of understanding;
(7)
Work schedules and assignments of all employees, volunteers and bona
fide members; and
(8) Copies of by-laws, articles of incorporation
and organization chart listing titles, roles, and responsibilities;
(m) Retain full custody and control over all bank
accounts pertaining to bingo and lucky 7 activities;
(n) Comply with the financial and reporting
requirements set forth in Lot 7007 below;
(o) Submit copies of any written agreements to
the commission prior to services being rendered, as required by RSA 287-E:7,
II(b);
(p) Maintain all bingo related records on the
premises for a period of 2 years;
(q)
Notify the commission in writing within 15 days of an event affecting the
charitable organization’s:
(1) Qualifications for licensure under Lot 7003.02,
such as a change in IRS exemption status; or
(2) Status of good standing with the New
Hampshire secretary of state or director of charitable trust, or with the
organization’s state or national organization;
(r) Not allow an individual to serve as both the
treasurer and the chairperson of the charitable organization or their designee;
(s) Notify the commission in writing within 24
hours of cancelling an authorized bingo event, and include the following
information in the notification:
(1)
The name and contact information of the authorized official of the licensed
charitable organization submitting the notification;
(2) The date and location of the cancelled bingo
event; and
(3) The reason for the cancellation; and
(t)
Take
actions to ensure compliance with RSA-E:7, VI such that no person who has been
convicted of a felony or class A misdemeanor within the previous 10 years, or a
class B misdemeanor within the past 5 years, neither of which has been annulled
by the court, or who has violated any of the statutes or rules governing
charitable gaming in the past in this or any other state are permitted to
participate in the operation of a bingo event licensed under this chapter.
Source.
(See Revision Notes #1, #2, and #3 at chapter heading for Lot 7000)
#13067, eff 6-26-20
Lot
7004.05 Responsibilities of Licensed
Commercial Halls.
(a) The amount of the hall rental to the
charitable organization shall not exceed $10 per player per charitable
organization's bingo event.
(b) The commercial hall shall provide, as part of
the hall rental fee, the following items and services to the charitable organization:
(1) Hall space;
(2) Tables
and chairs sufficient for the conduct of the bingo game;
(3) Bingo equipment necessary for the conduct of
the bingo game including, but not limited to:
a. A ball rack;
b. A mixing machine; and
c. A lighted game board;
(4) Utilities, including but not limited to heat,
lights, and communication
services;
(5) Restroom facilities sufficient for the
seating capacity of the hall;
(6) Snow removal;
and
(7) Trash
removal and overall janitorial services sufficient to return the hall to a
condition clean and proper for
conducting business.
(c) The
commercial hall shall maintain all bingo related
equipment, specified in (b)(3) above, in
proper working order.
(d) No third party charges shall be assessed to
any charitable organization for services set forth in (b) above.
(e) All agreements between the commercial hall
and the charitable organization shall be contained within the lease agreement;
(f) Participation in and charges for activities such
as advertising, free offer of coffee and donuts to customers, security
protection for the charitable organization itself, not security for the hall or
parking area, consulting or management services, shall be at the discretion of
the charitable organization. Failure to participate in these activities shall
not constitute grounds for expulsion from the hall.
(g) The commercial hall shall:
(1) Submit copies of all leases and rental
agreements to the commission in accordance with Lot 7003.04 (b)(2) above;
(2) Allow a staff or other authorized
representative of the commission to enter and inspect any facility where bingo
games are held for purposes of determining compliance with RSA 287-E and this
chapter;
(3) Make all bingo
equipment available for inspection or testing by the commission at any
reasonable time; and
(4) Comply with all applicable laws and building
codes.
Source.
(See Revision Notes #1, #2, and #3 at chapter heading for Lot 7000)
#13067, eff 6-26-20
Lot
7004.06 Responsibilities of the Host
Hall.
(a) A host hall shall obtain approval from the
commission, in accordance with Lot 7003.07, before holding a shared carryover
coverall bingo game.
(b) The host
hall shall only simulcast shared carryover coverall games to participating
halls located within New Hampshire and licensed by the commission to hold bingo
events.
(c) The host hall shall be solely responsible for
the equipment, the management and the operation of the shared carryover
coverall games it provides.
(d) The host hall shall establish and maintain a
separate bank account to which it will deposit all proceeds and pay all of the
expenses in connection with the shared carryover coverall bingo operation.
(e) The host hall and the participating hall,
and, if applicable, the participating hall and the licensed charity, shall
enter into a written agreement prior to conducting a shared carryover coverall
game.
(f) The host
hall shall provide the commission with 30 days advanced written notice of its
intent to conduct a shared bingo game.
(g) The
notice required by (f) above shall include:
(1) The names
of each participating hall and charitable organizations, and the locations of
the caller and remote players;
(2) The name
of the shared carryover coverall service provider responsible for providing and
maintaining the equipment used to operate and transmit the game;
(3) A copy of
any written agreements between:
a. The host
and participating halls;
b. The
participating hall and the licensed charitable organization if applicable; and
c. The host
hall and the shared carryover coverall service provider, if applicable;
(4) The name
of the person designated as having a fiduciary responsibility for the game; and
(5) The name
and contact information for the bank where the separate shared carryover
coverall funds will be deposited.
(h) The host
hall shall maintain all records pertaining to the shared carryover coverall
games for a period of at least 2 years, and make such records available to
representatives of the commission upon request during regular business hours.
(i) The records required by (h) above shall
include:
(1)
Documentation of all prizes paid and information regarding receipt of
the prize;
(2) All
financial records, which shall clearly disclose the amount of money
the shared carryover coverall operation received and expended, and the purposes
for which the host hall spent money;
(3) Copies of
any written contracts or agreements between all parties involved in the shared
carryover coverall games including those required by Lot 7003.05(b)(3) above;
(4) A physical
description of the equipment and its cost;
(5) The name and location of the participating
hall where the equipment is installed and the installation date;
(6) The name of the licensed charitable
organizations which will be participating in the shared carryover coverall
games at each location, and the game dates;
(7) The video recording of each drawing in the
previous one-year period that shows, at least:
a. The ball selection process, including the
numbers drawn; and
b. All body movements of the caller;
(8) Information relative to the purchase and
distribution of all shared carryover coverall bingo cards, including the date
the cards were used; and
(9) Records of gambling proceeds received from
the bingo operation and the use of those proceeds towards the stated purpose of
the organization.
(j) The host hall shall retain all recordings of
each game for a minimum of 30 days.
(k)
The host hall shall submit for review and obtain approval from the commission
prior to implementing any changes to the event operating procedures.
Source.
(See Revision Notes #1, #2, and #3 at chapter heading for Lot 7000)
#13067, eff 6-26-20
Lot 7004.07 Responsibilities
of the Licensed Gaming Consultant.
(a) The
requirements set forth in Lot 7004.04 above shall apply to the licensed gaming
consultant when the consultant is acting on behalf of the organization per a
written agreement.
(b) In addition to
the requirements of (a) above, the licensed gaming consultant shallprovide gaming services in accordance with RSA 287-E,
this chapter and the written agreement with the charitable organization.
Source.
(See Revision Notes #1, #2, and #3 at chapter heading for Lot 7000)
#13067, eff 6-26-20
PART
Lot 7005 BINGO EQUIPMENT, SUPPLIES AND
STANDARDS
Lot
7005.01
Bingo Equipment.
(a) The charitable organization shall:
(1) Only use bingo equipment that is free of any defects and functioning in proper
working order; and
(2) Furnish or operate
bingo equipment in such a manner that each player is given an equal opportunity
to win.
(b)
Bingo ball machines and other selection devices, flashboards and other
display devices, and other bingo equipment used in the selection and display of
game numbers shall be designed to produce randomness.
(c)
When balls are utilized, the charitable organization shall ensure that
the following are true:
(1) Any characteristics that control the
selection of the balls, such as size, shape, weight and balance, are the same
for all balls within a given set;
(2)
All the balls within a given set are present, clean and free of defects
and otherwise in operating condition before being utilized; and
(3)
Each set of balls in play is distinguishable from all other sets of
balls in play.
(d)
All mechanical ball blowers, which use air flow for mixing and randomly
selecting balls, shall be constructed:
(1)
To allow game participants to view the mixing action of the balls; and
(2)
To prohibit any interruption of the mixing action of the balls in an
effort to alter the selection of the balls, except when the device is shut off.
Source.
(See Revision Notes #1, #2, and #3 at chapter heading for Lot 7000)
#13067, eff 6-26-20
Lot
7005.02 Bingo Paper Construction
Standards.
(a) Cards, and sheets used in the conduct of
bingo games shall be designed to be disposable and comply with the following
manufacture standards:
(1)
The paper used should be of sufficient weight and quality to:
a.
Allow for legible numbers and prevent ink from spreading or bleeding
through, thereby obscuring other numbers on other bingo cards or sheets, and
b.
Maintain the original condition and not deteriorate when properly stored
and normally handled and protected from environmental elements;
(2)
The manufacturer’s name, logo or identifying mark shall appear on each
card or sheet;
(3)
Permutation numbers shall be displayed in the center square, at the
bottom right corner of each card, or in both places;
(4)
Numbers printed on the card must be randomly assigned;
(5)
Each set of bingo cards or sheets shall bear the same serial number,
except that a collation or packet that is made up of a number of sets need not
bear the same serial number;
(6)
Bingo cards and sheets assembled in packets shall be glued, not stapled,
in such a way that the papers can be separated without the cards being defaced
or similarly damaged;
(7) All
cards and sheets shall contain a
serial number;
(8) The exterior of each carton of bingo paper
shall include a listing, a bar code or a combination of bar-coding and labeling
that provides all of the following information:
a. Type of product;
b. Quantity of cards, sheets, or packets;
c. Series and serial numbers;
d. Quantity of cases;
e. Cut and color of paper; and
f. Product code or identifier;
(9) The information specified in (8) above shall
also be provided on a packing slip inside each box;
(10) To assist in the audit of the bingo product,
each carton of cards, sheets, or packets shall:
a. Include an audit tracking system that will
enable the charitable organization to control paper by means other than
“series” or “perm” number; and
b.
Be divided at established intervals; and
(11) A valid verification system, such as a
verification book, master control book, or an electronic data base, or version
thereof, shall be provided and certified by the manufacturer as a true and
accurate illustration of the pattern of numbers on every card in each
permutation to be used to verify the authenticity of a winning card.
(b) The following construction standards shall
apply to concealed-face bingo paper:
(1)
A sequential audit number shall be printed on the outside of each card
or sheet of concealed-face bingo paper;
(2)
To ensure randomness, concealed-face bingo paper shall be shuffled prior
to printing the sequential audit number upon the outside of the card;
(3)
Concealed-face bingo paper shall be constructed to prevent bingo numbers
from being viewed or determined from the outside of the card; and
(4)
The sealing or gluing of the concealed-face bingo paper shall not cause
any card to be defaced upon opening.
(c) All bingo cards and sheets approved by the
commission and in use prior to the effective date of this rule, which have not
been subsequently changed or modified, shall be exempt from the requirement in
(a)-(b) above, and may remain in use.
(d) A charitable organization may offer special
cards that do not meet the requirements of this section when:
(1)
The use of the special cards, such as braille card, will allow an
individual with a disability to participate in the event;
(2)
The organization has adopted house rules that specifically address the
availability, use, and sale of such cards that ensure that the integrity of the
game is being preserved; and
(3)
Controls are in place to ensure the use of such cards does not
negatively affect the integrity of the game.
Source.
(See Revision Notes #1, #2, and #3 at chapter heading for Lot 7000)
#13067, eff 6-26-20
Lot 7005.03 Card-Minding System Standards.
(a)
A card-minding system shall not be sold,
leased, or otherwise furnished to any person for use in the conduct of bingo
until it has been:
(1) Tested by an authorized independent testing laboratory to
ensure that the device and proprietary software conforms to the restrictions
and conditions set forth in this chapter; and
(2) Demonstrated to and
approved by the commission in accordance with (n) below.
(b) All card-minding system approved by the
commission and in use prior to the effective date of this rule, which have not
been subsequently changed or modified, shall be exempt from the requirement in
(a) above, and may remain in use without being reapproved by the commission.
(c) Except as allowed by (d) below, a
card-minding system that has been changed or modified shall not be sold, leased
or otherwise furnished to any person for us in the conduct of bingo unless it
has undergo additional testing and commission approval in accordance with (a)
above.
(d) A manufacturer may conduct routine
maintenance activities and replace secondary components of a card-minding device
system without prior commission approval or additional testing as long as this
activity does not affect the operation of any proprietary software or the
manner in which a bingo game is played.
(e)
If the manufacturer, distributor, charitable organization or commission
detects or discovers any defect, malfunction, or problem with the card-minding
device system that affects the security or the integrity of the bingo game or
card-minding device system, the manufacturer, distributor, or charitable organization
shall immediately discontinue its sale, distribution, and use until the defect
has been corrected or resolved.
(f) A card-minding system shall consist of the
following:
(1) A card-minding device
that is used by a player to monitor bingo cards played at a bingo event, and
which:
a. Provides a means for the
player to input or monitor called bingo numbers;
b. Compares the numbers
entered or received against the numbers on the bingo cards stored in the memory
of the device or loaded or otherwise enabled for play on the device; and
c. Identifies any winning
bingo pattern(s) and prize levels; and
(2) A site system that
consists of computer hardware, software,
and peripheral equipment, that is located at the bingo premises, is controlled
by the gaming manager conducting bingo, and interfaces with, connects with,
controls, or defines the operational parameters of card-minding devices, and
includes the following components:
a. A point of sale station
and an internal accounting system and database that is capable
of recording the charitable organization’s sale of all charitable gaming
supplies;
b. A caller station verifier that is able to verify winning cards;
c. Printers;
d. Remote access capability;
e. Proprietary executable software; and
f. Report generation
software.
(g)
Card-minding devices shall:
(1) Have a unique,
permanent identification number that is coded into the software of the
card-minding device, or have a unique identification number secured by password
or code and accessible only by use of such password or code;
(2) Automatically transmit its identification number to the site
system or be known by the site system, to be recorded on the transaction log,
each time the device is involved in a transaction with the site system;
(3) Be designed in such a
manner to allow for one or more of the following daubing features:
a. Manual ball call, which
requires the player to identify and enter the numbers as they are called, and
enable the player to correct numbers entered in error;
b. Ball call confirm which
requires the broadcast of the ball call information to the card-minding device,
and then the player shall confirm by performing an action or entering each ball
call;
c. Semi-auto daub which
requires the broadcast of the ball call information to the card-minding device,
much like the ball call confirmation except that a single action will daub all
outstanding ball calls; or
d. Auto daub, which
requires the broadcast of the ball call information to the card-minding device;
(4) Recognize bingo numbers
called and electronically daub all activated bingo cards containing those
numbers loaded on the device;
(5) Allow the player to
cancel or correct any numbers entered in error when the device requires the
player to manually enter ball call numbers;
(6) Recognize and display
all winning bingo patterns achieved;
(7) Be programmed to only
allow bingo cards purchased and loaded and enabled for play during a bingo
event, to be in play during that event;
(8) Be programed to only
allow bingo faces sold, loaded, and enabled during an open bingo session, to be
in play during that open session; and
(9)
Networked in such a manner that addresses issues of confidentiality, integrity
and availability.
(h) A card-minding system shall not:
(1) Allow a player to
modify cards that are loaded and enabled for play;
(2) Track and store any
winnings from authorized bingo games;
(3) Replay any winnings;
(4) Be used to credit the
player's winnings;
(5) Be used to purchase or
play lucky 7 tickets;
(6) Be used for video
confirmation of lucky 7 tickets; and
(7) Be used:
a. To generate or determine
the random letters, numbers, or other symbols used in playing the bingo card
played with the device's assistance;
b. As a receptacle for the
deposit of tokens or money in payment for playing the bingo card played with
the device's assistance; or
c. As a dispenser for the
payment of a bingo prize, including coins, paper currency, or a thing of value
for the bingo card played with the device's assistance.
(i) When applicable,
a card-minding device utilizing a customer account shall:
(1) Not permit customers to
purchase any bingo equipment other than electronic bingo cards for play on the
card-minding device; and
(2) Display the account
balance at all times.
(j) The site system shall:
(1) Be designed so that reports
maintained or otherwise available for generation by the card-minding system may
be downloaded or accessed at any time by the commission via a remote connection
for the verification of the operation, compliance, and internal accounting
systems;
(2) Include an internal accounting system that is capable of
recording the charitable organization’s sale of card-minding devices and bingo
cards and sheets;
(3) Be capable of recording
and storing:
a. All transactions
affecting a card-minding device;
b. The device ID number for
each transaction affecting the card-minding device; and
c. The date, time, quantity
of electronic bingo cards affected, price per card or package, package number,
and transaction number for each of the following transactions:
1. Loading of cards; and
2. Voiding of cards;
(4) Not allow the exact
duplication of cards on 2 different card-minding devices, but may allow
electronic bingo cards originally sold on one card-minding device to be
reloaded on a different card-minding device, provided that the original device
was removed from play and the site system recorded the transaction as a reload;
(5) Not be able to engage
in any type of sale, void, or reload transaction for a card-minding device
unless a functioning card-minding device or a programmable memory device that
inserts into a card-minding device is connected with the site system;
(6) Ensure that, for voided
transactions, all electronic bingo cards are erased or deactivated;
(7) Upon completion of each
transaction, not allow any transactional information to be changed within the
accounting system or database, including date, time, quantity of electronic
bingo cards, price per card or package, package number, or other source
information;
(8) Prevent and identify
duplicate device identification numbers;
(9) Recognize the device
identification number of the card-minding device, and record and store that
number on the transaction log for each and every transaction that directly
affects that device;
(10) Have a database backup
and recovery system to prevent loss of transactional information in the event
of power failures or any disruptive event;
(11) Not allow a player or operator to select specific
cards from a perm of bingo cards to be sold or played, if such selection
provides a material advantage to the player or operator;
(12) Record a sequential
transaction number or audit tracking number for every transaction, which cannot
be changed or reset manually;
(13) Be capable of
producing:
a. A receipt;
b. A transaction log; and
c. A complete summary
report(s) after each bingo event;
(14) Not erase or overwrite any of the required bingo event
information until its detail information and summary information is transferred
to a secondary storage medium;
(15) Be capable of storing
and printing detailed bingo event reports and summaries on demand, which
includes a separation of revenues collected from progressive coverall carryover
coverall, and winner-take-all games;
(16) Not allow a
card-minding device to enable and play more than 108 card faces for any one
regular bingo game; and
(17) Be capable of
maintaining all required reports and information for a period of 2 years.
(k) If the site system is designed to incorporate
the use of a customer account, the system shall include the following
requirements:
(1) All communications
regarding transactions between the bingo card-minding device and the site
system shall be secured by use of a unique personal identification number (PIN)
established by the player;
(2) All transactions shall
only be processed after the site system confirms the identity of the player;
(3) Each transaction made
by a player from their customer account shall be recorded, and include the
transaction number, transaction dollar amount, time and date, quantity, and
type of product purchased, and customer's account number;
(4) The system shall not be
used to track and credit a customer's account with bingo prizes won;
(5) Additional funds may be
added to the customer's account only at a point-of-sale station;
(6) The system shall
generate financial reports for customer account activity that includes:
a. The customer account
number;
b. The initial amount of
funds placed in the account;
c. Each transaction
including quantity and type of bingo product(s) purchased, dollar amount, time
and date, any ending balance, bingo worker login information; and
d If balance was refunded
at end of the bingo event, or retained by the organization as other income; and
(7) Provide a receipt for
each customer transaction that contains the following disclaimer: "Any
funds remaining in your customer account that you do not claim by the end of the
bingo event will be kept by the licensed charitable organization. Please allow
enough time before the end of the bingo event to claim your funds on your
account."
(l)
The card-minding system network shall employ sufficient security
safeguards to ensure that:
(1) Any restrictions or
requirements authorized by the commission or any approved proprietary software
are protected from alteration; and
(2) Confidentiality methods guard against data theft during
network eavesdropping, or unauthorized usage of the network by non-intended
devices and minimizes interference from other networks;
(3) Integrity methods
provide delivery of accurate data to system devices; and
(4) Availability methods
provide a good functioning network during gaming.
(m) To obtain approval of a card-minding system,
a manufacture shall:
(1) Submit the proposed
system to an authorized testing laboratory for validation testing, and obtain
written certification that confirms the systems complies with this chapter;
(2) Submit a written
request for approval of the system along with a copy of the laboratory
certification; and
(3) Demonstrate the system
to the commission, if requested to do so.
(n)
The commission shall
approve a card-minding system when the system is found to meet the
requirements of RSA 287-E, and this chapter.
(o) When a distributor leases, sells or otherwise
furnishes a card-minding system to a licensed charitable organization, the
distributor shall provide written notice to the commission that includes:
(1) The distributor’s name
and contact information;
(2) The name of the
licensed manufacturer, model and version number of the card-minding system;
(3) The name of the
licensed charitable organization to whom the card-minding system was sold,
leased, or otherwise furnished;
(4) The location where the
card-minding system will be located;
(5) The expected startup
date for use of the card-minding system;
(6) The total number of
card-minding devices installed at the bingo premises;
(7) The modem number or IP
address and protocol for remote access, if applicable; and
(8) A certification
statement from the manufacturer that the remote connectivity is operating
properly.
(p) Before the complete removal or hardware
up-grade of any card-minding system, the distributor shall supply one copy of
the data files to each licensed authorized organization that utilized the
card-minding system and maintain one additional copy for a period of 2 years.
Source.
(See Revision Notes #1, #2, and #3 at chapter heading for Lot 7000)
#13067, eff 6-26-20
Lot 7005.04 Shared
Carryover Coverall Systems for Simulcasting Games.
(a) A shared
carryover coverall game shall only be simulcast using audio and video
technologies that have been approved by the commission.
(b) The audio
and video technology used to link the facilities may include cable, internet,
satellite, broadband, or telephone technology, or any other means of electronic
transmission that ensures the secure, accurate, and simultaneous transmission
of the announcement of numbers or symbols in the game from the host hall to the
participating hall(s).
(c) At a
minimum, the equipment used to link the facilities shall:
(1) Record
the video and audio of the shared carryover coverall game;
(2) Support
remote sales units that immediately communicate all sales directly to the main
shared bingo game system computer;
(3) Meet the
“International Technical Standards for Electronic Gaming Machines” (Version
1.0, 10-28-14) set forth by the International Association of Gaming Regulators
(IAGR), where applicable, available as noted in Appendix B;
(4) Include a
backup communication system that allows the participating halls to notify the
host hall of any breakdowns in the system; and
(5) Include an automatic or manual backup system
to save all sales, financial, and game data.
(d) To obtain approval of a
shared carryover coverall system, a licensed manufacturer shall submit the
following:
(1) A written request to
the commission on company letterhead; and
(2) A copy of the certification
from an independent laboratory that includes:
a. A detailed description of the equipment and
related software applications that were tested, including applicable model
number of specific equipment and the software version of the application used
for testing;
b. A specific reference to the standard being
tested and a statement that the equipment meets the standard, including the
“International Technical Standards for Electronic Gaming Machines” (Version
1.0, 10-28-14) set forth by the International Association of Gaming Regulators
(IAGR), as applicable, available as noted in Appendix B;
c. Certification that the systems meets the
applicable requirements of RSA 287-E and this chapter; and
d. Any additional findings or issues of concerns
that might affect the performance or play of the equipment;
(e) The commission shall
approve a request submitted in accordance with (d) above when the system
complies with RSA 287-E and this chapter.
(f) Except as allowed by (g)
below, a shared carryover coverall system that has been changed or modified
shall not be sold, leased or otherwise furnished to any person for us in the
conduct of bingo unless it has undergo additional testing and commission
approval in accordance with (a)-(e) above.
(g) A manufacturer may
conduct routine maintenance activities and replace secondary components of a
card-minding device system without prior commission approval or additional
testing as long as this activity does not affect the operation of any
proprietary software or the manner in which a bingo game is played.
(h) If the manufacturer, distributor, charitable
organization, or commission detects or discovers any defect, malfunction, or
problem with the card-minding device system that affects the security or the
integrity of the bingo game or card-minding device system, the manufacturer,
distributor, or charitable organization shall immediately discontinue its use
until the defect has been corrected or resolved.
Source.
(See Revision Notes #1, #2, and #3 at chapter heading for Lot 7000) #13067,
eff 6-26-20
Lot
7005.05 Game Patterns.
(a) Only game patterns that have been approved by
the commission shall be used in a game of bingo.
(b) To obtain approval of a bingo game pattern
that has not previously been approved by the commission, the charitable
organization shall submit a written request to the commission that includes:
(1) A written
description of the proposed game; and
(2) A
sample of the proposed game pattern design.
(c) The commission shall approve a games
pattern design when:
(1)
The game can be
understood by the player; and
(2) The game otherwise meets the requirements of
RSA 287-E and this chapter.
(d) Bingo game patterns approved
for one charitable organization may be used by any other charitable
organization without additional authorization.
Source.
(See Revision Notes #1, #2, and #3 at chapter heading for Lot 7000)
#13067, eff 6-26-20
Lot
7005.06 House Rules.
(a)
A charitable organization shall adopt
and follow house rules that do not violate RSA 287-E or this chapter,
and address a minimum of the following:
(1) What constitutes a bingo and whether or not
the last number called need be involved;
(2) The responsibility
of the bingo player to make it known to the game officials that the player has
a bingo;
(3) Reserved
seats;
(4) The start and end time for purchasing bingo
cards;
(5) Availability,
use and sale of special cards for the blind or handicapped;
(6) Card exchange,
if allowed;
(7) If the charity uses a mixing machine, whether or not the mixing machine
will be shut off before a bingo has been verified or during a progressive coverall
game;
(8) Whether or not regular card purchase is necessary
to play the winner-take-all game;
(9)
What constitutes an official ball, such as requiring that both the letter and
number be announced by the caller before a ball is considered official, even if
the ball has been shown on the video monitor;
(10) Smoking/non-smoking
policy which shall comply with RSA 155:66 through RSA 155:70;
(11) Use of a card-minding device that allows a
player to play several cards at the same time;
(12) The consolation prizes and the manner in
which they will be awarded;
(13) The effective
date of the house rules;
(14) The criteria for awarding the free plays;
(15) The name
of a member of the charitable organization to be contacted by a player with
comments, concerns or questions;
(16) That
the bingo game will be conducted in accordance with RSA 287-E and this chapter;
and
(17) If applicable, criteria relative to the
availability, use, and sale of special cards for use by individuals with
disabilities.
(b)
In addition to the requirement in Lot 7003.02(d)(4), the charitable
organization shall file any amended
house rules with the commission at least 30 days prior to the first bingo event
at which the amendments are scheduled to take effect.
(c) The commission shall approve the organization’s house rules when such rules comply with
the requirements of (a) above and otherwise meets the requirements set forth in
RSA 287-E and this chapter.
(d)
Prior to the start of the first game of a bingo event, the charitable
organization shall ensure that a public announcement is made letting players
know where copies of the house rules are located and how copies can be
obtained.
Source.
(See Revision Notes #1, #2, and #3 at chapter heading for Lot 7000)
#13067, eff 6-26-20
Lot 7005.07 Game
Programs.
(a) A
charitable organization shall only play bingo games as identified on a game programs.
(b) The game program shall not include:
(1)
Games designed to be
concluded quickly for the sole purpose of allowing the operation of electronic
Lucky 7 machines, such as games with multiple “wild” or “free” spaces;
(2)
Games, such as “dealer’s choice” for which the style of play is not disclosed
in advance;
(3) Games for which the odds of winning are not
weighted against the player;
(4) Cumulative prize values that exceed the limit
specified in RSA 287-E:7, XI-XVI; and
(5) Game that
do not otherwise meets the requirements of RSA 287-E and this chapter.
(c) The
game program shall include the
following information:
(1) The
name of the charitable organization
that will be sponsoring the game(s);
(2) The name of the member of the charitable
organization, or the gaming consultant designated to act as the gaming manager,
in accordance with Lot 7006.04(f);
(3) The effective
date of the program and the date(s), day(s) of the week, and time(s) the
program applies to;
(4) The
location where the proposed game(s) will be held;
(5) The list
of all the proposed games in the order in which they will be played;
(6) If the
game program includes a shared bingo game, the name of the host hall and
participating halls;
(7) The
prices for each card, sheet, package or packet to be sold, including the number
and price for each card, sheet included in each package or packet;
(8) The fee
charged for using a card-minding device;
(9) Any prizes, tokens or awards
to be offered, including door prizes and free play, the criteria for winning,
and any factors used to determine the payout of such prizes, tokens or awards;
and
(10)
Whether prizes are
subject to increase or decrease based on actual attendance, and if so, how attendance will affect the prizes.
(d) The charitable organization shall file any amended game schedule with the
commission at least 5 days prior to the first bingo event at which the
amendments are scheduled to take effect.
Source.
(See Revision Notes #1, #2, and #3 at chapter heading for Lot 7000)
#13067, eff 6-26-20
PART
Lot 7006 GAME OPERATIONS
Lot
7006.01 Documents to be
Displayed. The following documents
shall be prominently displayed within the hall in areas that are accessible to
and easily seen by the public, including in the immediate area where the bingo
games are played:
(a)
The current bingo license
of the charitable organization hosting the game;
(b)
The license issued to a
commercial hall where the games are conducted, if applicable;
(c)
A copy of the current
game program;
(d) A sign advising the public of the phone
number where complaints related to charitable gaming may be made; and
(e)
At least one copies of
each of the following:
(1) RSA 287-E;
(2) This chapter; and
(3) The organization’s house rule’s developed in
accordance with Lot 7005.06 above.
Source.
(See Revision Notes #1, #2, and #3 at chapter heading for Lot 7000)
#13067, eff 6-26-20
Lot 7006.02 Auxiliaries.
(a)
Auxiliaries are any group of people functioning in a subsidiary capacity
to assist the primary charitable organization.
(b)
Auxiliaries may assist the primary charity in the operation of a bingo
game if all of the following are true:
(1) The auxiliary has been in existence for 2
years;
(2) The auxiliary was not formed for the primary
purpose of operating bingo games; and
(3) The auxiliary does not hold a bingo license
in its own name.
Source.
(See Revision Notes #1, #2, and #3 at chapter heading for Lot 7000)
#13067, eff 6-26-20
Lot
7006.03 Operations
of a Bingo Game.
(a) Pursuant to RSA 287-E:1, V-a, bingo shall only be played at a licensed
commercial bingo hall, or at a facility owned by a charitable organization or
governmental subdivision.
(b) Pursuant to RSA 287-E:7, IX, the
charitable organization shall not charge a fee for admission to bingo games.
(c) The charitable organization shall not charge
for any door prize ticket.
(d)
The total value of any individual
door prizes shall not:
(1) Exceed $500.00;
and
(2) Be
pro-rated over multiple bingo events to meet the $500 limit.
(e)
Except as allowed by RSA 287-E:10 and RSA 287-E:13, no individuals under
18 years of age shall be allowed
in the gaming area while a bingo game is being conducted.
(f)
Only individuals authorized in accordance with RSA 287-E:7, I and RSA 287-E:10-13 shall operate bingo
games.
(g) When a charitable organization engages the
services of one or more gaming consultants, the charitable organization shall
ensure that a majority of the individuals participating in the operation of the
bingo event are volunteers of the charitable organization.
(h) Each person working at a bingo game
shall:
(1)
Wear an identification badge that shall
bear the worker's name and the name of the charitable organization of which
that person is a member; and
(2) Be prohibited from purchasing lucky 7 tickets
or playing bingo until after they are no longer working, and have returned all
revenue and unsold tickets and cards in their possession to the organization’s
chairperson, treasurer or designee overseeing the event.
(i) Bingo paper sheets
sold in packets shall not be taken apart and sold as individual sheets
(j)
Pursuant to RSA 287-E:7, VIII, the price of a single bingo card, whether
sold individually or as part of a sheet, package or packet, shall not exceed $1
per card per bingo event. Individual games that offer a multiple prize payout,
based on prizes normally offered, shall also
not exceed $1 per card
per bingo event.
(k) The charitable organization shall allow
anyone to purchase a minimum of one card, sheet, package, or packet depending
on what is being sold at a particular bingo game and shall not charge anyone
more than the maximum price as specified in (h) above.
(l)
Prior to the calling of the first ball draw of each game, the criteria
to win, including the winning game pattern, and the prize amount for each game
shall be clearly described and audibly announced.
(m)
With the exception of concealed-face games, no bingo cards or sheets
shall be sold for use in any game after the first ball has been called for that
game.
(n) The charitable organizations shall use:
(1) A lighted
game board; and
(2) A mixing
machine.
(o) Prior to the first bingo game of the
day, the caller or operator shall announce that all of the balls are in the
rack and are available for inspection by anyone who wishes to inspect the
system.
(p) The caller or operator drawing the bingo balls during each game
shall:
(1) Draw one ball at a time;
(2) Have no
discretion over which ball is drawn;
(3) Announce the number drawn simultaneously to all
players, in such a manner that a typical player would be able to hear the
number being called;