CHAPTER Pari 1100 LUCKY 7
Statutory Authority: RSA
287-E:18
REVISION NOTE:
Pursuant to 2004, 257:16, effective 1-1-05, rules in Part Sw 2002 entitled “Lucky 7” were transferred to the Pari-Mutuel
Commission from the Lottery Commission.
Part Sw 2002 had last been filed by the
Sweepstakes Commission under Documents #7999 and #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 #8803, effective 1-20-07, which readopted with
amendments and renumbered the former Part Sw 2002 as
Chapter Pari 1100. The rules in Document
#8803 therefore replaced all prior filings for rules in the former Part Sw 2002. The filings
of the Sweepstakes Commission affecting the former Part Sw
2002 include 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
#7166, eff 12-21-99
#7869, eff 4-11-03
#7999, eff 12-12-03
#8000, eff 12-12-03
Pari 1101.01 Purpose. The purpose of this chapter is to establish
requirements for the manufacture, distribution and sale of lucky 7 tickets
pursuant to RSA 287-E:1 and RSA 287-E:16 through RSA 287-E:26, to ensure that
the games are fair, honest, secure and auditable.
Source. #8803, eff 1-20-07 (See Revision Note at
chapter heading for Pari 1100); ss by #10773, eff 2-1-15
Pari 1101.02 Scope.
This chapter shall apply to:
(a) Manufacturers of lucky 7 tickets, lucky 7 ticket dispensing
devices and associated equipment;
(b) Distributors of lucky 7 tickets lucky 7 ticket dispensing
devices and associated equipment; and
(c) Charitable organizations which sell lucky 7 tickets.
Source. #8803, eff 1-20-07 (See Revision Note at
chapter heading for Pari 1100); ss by #10773, eff 2-1-15
PART Pari 1102 DEFINITIONS
Pari 1102.01
“Cash-out voucher” means a printed receipt tendered to the player, upon
request, for any unused plays or winnings that remain on the electronic lucky 7
ticket dispensing device.
Source. #8803, eff 1-20-07 (See Revision Note at
chapter heading for Pari 1100); ss by #10773, eff 2-1-15
Pari 1102.02 “Commission” means the New Hampshire lottery commission
established pursuant to RSA 284:21-a,
or its designated staff acting on behalf of the commission.
Source. #8803, eff 1-20-07 (See Revision Note at
chapter heading for Pari 1100); ss by #10773, eff 2-1-15; ss by #11087, eff
4-26-16
Pari 1102.03 “Consultant” means a person or entity that
has been hired by the charitable organization for consulting, managing,
assisting in the sale of lucky 7 tickets, record keeping, filing forms with the
commission, advertising, providing free offer of coffee and donuts to
customers, or security protection for the organization itself, not including
security for the hall or parking area, as allowed by RSA 287-E:7, II(b).
Source. #8803, eff 1-20-07 (See Revision Note at
chapter heading for Pari 1100); ss by #10773, eff 2-1-15
Pari 1102.04 “Deal” means each separate set of no more
than 3,500 lucky 7 tickets consisting of one game of lucky 7 bearing the same
game form number and serial number.
Source. #8803, eff 1-20-07 (See Revision Note at chapter
heading for Pari 1100); ss by #10773, eff 2-1-15
Pari 1102.05 “Distributor” means any person who sells,
leases, offers or otherwise provides, distributes, or services any lucky 7
tickets, lucky 7 ticket dispensing devices or associated equipment for use or
play in this state.
Source. #8803, eff 1-20-07 (See Revision Note at
chapter heading for Pari 1100); ss by #10773, eff 2-1-15
Pari 1102.06 “Electronic lucky 7 ticket dispensing device”
means a unit that uses electronic features to dispense lucky 7 tickets, and
which might also have an auditory or visual enhancement to promote or provide
information about a game being dispensed, but does not affect the outcome of a
game, and includes:
(a) An electromechanical dispensing device that
dispenses pre-printed lucky 7 tickets, and might have the added ability to:
(1) Read a
bar code or similar form of encryption or
marking on the ticket as or after it is
dispensed;
(2) Display
the results on a video monitor,
(3) Issue a
cash out voucher; or
(4) Track
sales via remote access; and
(b) A computerized system that electronically generates
lucky 7 tickets, and might have the added ability to:
(1) Read a
bar code or similar form of encryption or
marking on the ticket as or after it is
dispensed;
(2) Display
the results on a video monitor;
(3) Issue a
cash out voucher; or
(4) Track
sales via remote access.
Source. #8803, eff 1-20-07 (See Revision Note at
chapter heading for Pari 1100); ss by #10773, eff 2-1-15 (from Pari 1102.07)
Pari 1102.07 “Electronically generated lucky 7 ticket”
means a lucky 7 ticket that is produced by electronic means and dispensed by an
electronic lucky 7 ticket dispensing device.
Source. #8803, eff 1-20-07 (See Revision Note at
chapter heading for Pari 1100); ss by #10773, eff 2-1-15
Pari 1102.08 “Game date” means lucky 7 tickets played on a
specified date.
Source. #8803, eff 1-20-07 (See Revision Note at
chapter heading for Pari 1100); ss by #10773, eff 2-1-15
Pari 1102.09 “Game form number” means the
manufacturer-designated number identifying a lucky 7 ticket.
Source. #8803, eff 1-20-07 (See Revision Note at
chapter heading for Pari 1100); ss by #10773, eff 2-1-15
Pari 1102.10
“House rules” means instructions, adopted by the charitable organization
and approved by the commission, which describe how lucky 7 tickets are sold,
played and won.
Source. #8803, eff 1-20-07 (See Revision Note at
chapter heading for Pari 1100); ss by #10773, eff 2-1-15
Pari 1102.11
“Lucky 7 ticket” means a paper
or cardboard ticket for sale in
(a) Traditional, pre-printed lucky 7 tickets that
can be dispensed by either a passive or electronic lucky 7 ticket dispensing
device; and
(b) Lucky 7 tickets that are not pre-printed and
are instead produced and dispensed on demand by an electronic lucky 7 ticket
dispensing device.
Source. #8803, eff 1-20-07 (See Revision Note at
chapter heading for Pari 1100); ss by #10773, eff 2-1-15
Pari 1102.12
“Lucky 7 ticket dispensing device” means a cabinet that delivers lucky 7 tickets and has no
additional function as an
amusement or gambling device. This term
includes passive and electronic lucky 7 ticket dispensing devices.
Source. #8803, eff 1-20-07 (See Revision Note at
chapter heading for Pari 1100); ss by #10773, eff 2-1-15
Pari 1102.13 “Manufacturer” means any person who
manufactures, builds, rebuilds, fabricates, assembles, produces, programs,
designs, or otherwise makes modifications to any lucky 7 tickets, lucky 7
ticket dispensing devices or associated equipment for use or play in this
state.
Source. #8803, eff 1-20-07 (See Revision Note at
chapter heading for Pari 1100); ss by #10773, eff 2-1-15
Pari 1102.14 “Multiple jackpot seal card” means a single
seal card that contains up to 4 individual jackpots.
Source. #8803, eff 1-20-07 (See Revision Note at
chapter heading for Pari 1100); ss by #10773, eff 2-1-15
Pari 1102.15
“Passive lucky 7 ticket dispensing device” means a unit that is
mechanical in nature used to dispense traditional,
preprinted lucky 7 tickets without the means of electronics, with the possible
exception of lighting.
Source. #8803, eff 1-20-07 (See Revision Note at
chapter heading for Pari 1100); ss by #10773, eff 2-1-15
Pari 1102.16
“Role-based access control” means a principle by which developers create
systems that limit access or restrict operations according to a user’s
constructed role within a system. This system is used by businesses and organizations to ensure that
unauthorized users do not gain access to privileged information within an IT
architecture. Role-based access control is also known as role-based security.
Source. #10377, eff 7-16-13; ss by #10773, eff 2-1-15
Pari 1102.17 “Rolling jackpot” means the designated
jackpot value that is not won on a given lucky 7 ticket that is added to
the designated jackpot value of the next lucky 7 ticket for sale of the same
game form number.
Source. #10378, eff 7-16-13; ss by #10773, eff 2-1-15
(from Pari 1102.10)
Pari 1102.18 “Rolling jackpot bonus game” means a seal
card with a rolling jackpot feature.
Source. #10773, eff 2-1-15 (from Pari 1102.11)
Pari 1102.19 “Seal card” means a
printed paper card containing a seal(s) that, when opened or removed, reveals a pre-designated winning letter, number or
symbols and awards selected players additional ways to win.
Source. #10773, eff 2-1-15 (from Pari 1102.12)
Pari 1102.20
“Server” means a computer either physically located at the premises
where an electronic lucky 7 ticket dispensing device is operated or located at
a facility approved by the commission, and that has predetermined the winning and losing electronically
generated lucky 7 tickets within a deal, and which provides that information
via secure and redundant telecommunications facilities to electronic lucky 7
ticket dispensing devices.
Source. #10773, eff 2-1-15
PART Pari 1103 LICENSING REQUIREMENTS FOR MANUFACTURERS,
DISTRIBUTORS AND CHARITABLE ORGANIZATIONS
Pari 1103.01 Licensing
Requirements of Manufacturers or Distributor.
(a) In accordance with RSA 287-E:17, no
manufacturer or distributor shall supply or sell
lucky 7 tickets or lucky 7 ticket dispensing devices 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 shall:
(1) Not have or be in partnership with or employ
an officer or director with a felony conviction that has not been annulled by
any court within 10 years from the date of application; and
(2)
When applying as a distributor, have a principal place of business located
within
(c) To obtain a license to manufacture
lucky 7 tickets or lucky 7 ticket dispensing devices, the applicant shall
submit the following to the commission:
(1) A completed and accurate “Application
for Manufacturer License” form (4/2016);
(2) Payment for the licensing fee of $5,000 as
established by RSA 287-E:23, VI(c); and
(3) A copy of bond
posted in the amount of $50,000, payable to the commission and conditioned upon
the licensee’s compliance with the rules and laws of the commission, as
established by RSA 287-E:23, III .
(d) To obtain a
license to distribute lucky 7 tickets and lucky 7 ticket dispensing devices, a
distributor shall submit the following to the commission:
(1) A complete and accurate “Application for
Distributor License” form (4/2016);
(2) Payment for the licensing fee of $10,000,
pursuant to RSA 287-E:23, 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:23, III.
Source. #8803, eff 1-20-07 (See Revision Note at
chapter heading for Pari 1100); ss by #10773, eff 2-1-15
Pari 1103.02 Licensing
Requirements of Charitable Organizations.
(a) In accordance with
RSA 287-E:17, no charitable organization shall sell lucky 7 tickets without
possessing a current and valid license issued by the commission in accordance
with RSA 287-E and this chapter.
(b) To be eligible for licensure, an organization
shall meet the definition of a charitable organization as set forth in RSA
287-E:1, V.
(c) To obtain a lucky 7
license, a charitable organization shall submit the following
documentation to the commission:
(1) A completed Lucky 7 Application - Charitable
Organization form (4/2016);
(2) Supporting documentation, as required by (d)
below; and
(3) Payment of the licensing fee of $10 per month
or any part of a month for up to 12 consecutive months per application as
established by RSA 287-E:19, I.
(d) A
charitable organization shall provide the following supporting documents with a license application:
(1) One of the
following documents confirming the organization’s tax exempt status:
a. An affirmation
letter or letter of determination from the Internal Revenue Service (IRS) that
indicates the organizations tax exempt status under 26 USC §501(c)(3), (4), (7), (8), (10), or (19); or
b. If the charitable organization is exempt by
virtue of a group ruling:
1. A copy of the group exemption letter issued
to the central organization recognizing on a group basis the exemption under
section 501(c)(3), (4), (7), (8), (10), or (19), of subordinate organizations
on whose behalf the control organization has applied for recognition of
exemption; and
2. A letter from the central organization with
which the charitable organization is affiliated confirming that the charitable
organization is covered under the central organization’s group tax exemption;
(2) A letter written on the charitable
organizations letterhead and signed by an authorized officer of the
organization, which describes:
a. The religious, civic, fraternal, veterans,
social clubs, or other charitable purposes of the organization for which the
organization is organized;
b. The extent these charitable purposes have
been furthered by the organization within the community by goods, services or
both in the community; and
c. The dates and
descriptions, including location, of activities that the charitable
organization has conducted in the 2 year period prior to the date of the
application, which have advanced the organization’s charitable purpose, but
does not include charitable gambling and other activities conducted solely for
the purposes of raising funds for the charitable organization;
(3) A current and complete list of bona fide members
that has been signed, dated and certified as accurate by an officer of the
organization, and includes the following information for each member listed:
a. The member’s full name and date of birth;
b. The member’s title or position within the organization,
with officers being listed first and alphabetically thereafter;
c. The member’s contact information, including
legal address and phone number;
d. Whether or not the member participates in the
sale of lucky 7 tickets; and
e. For those members listed as participating in
the sale of lucky 7 tickets, affirmation that the member has not been convicted
of a felony or misdemeanor as prohibited by RSA 287-E:5, V(c);
(4) A copy of the charitable organization’s lucky
7 house rules, which meets the requirements set forth in Pari 1106.01 below ;
and
(5) If the license is being renewed, any
original, signed “Lucky 7 Monthly
Financial Report (L7MFR)”, (4/2016), as
required by Pari 1108.03 below, for any month which has not previously been
submitted and which is due or overdue.
(e) The charitable organization shall submit a
license application and related documentation to the commission at least 15
days prior to the first game date of the month or year for which the license
has been requested.
(f) If at
any time, the information provided in accordance with (d) above changes, or is
otherwise found to be inaccurate,
the charitable organization shall submit updated or corrected information to
the commission within 15 days of the event
that resulted in the change, or discovery of the inaccuracy.
(g) An organization
shall immediately notify the commission in the event that it no longer meets
the qualifications for licensure, including
the loss of its tax exempt status, or failure to maintain its registration with
the secretary of state or director of charitable trust, as required by RSA
287-E:1, V.
Source. #8803, eff 1-20-07 (See Revision Note at
chapter heading for Pari 1100); ss by #10773, eff 2-1-15; amd
by #11087, eff 4-26-16
PART Pari 1104 LICENSE APPROVALS AND DENIALS
Pari 1104.01 Approval/Denial of
Manufacturer and Distributor Licenses.
(a) The commission shall approve an application and issue the
applicable distributors or manufacturer license when:
(1) The application is found to be complete and
accurate;
(2) All fees have been paid, in accordance with Pari 1103.01(c)(2) or Pari 1103.01(d)(2) above, as applicable;
(3) All bonds have been posted, in accordance
with Pari 1103.01(c)(3) or Pari 1103.01(d)(3) above, as applicable, and a copy
of bond certificate has been provided to the commission;
(4) When the applicant is a distributor, the
applicant’s principal place of business is located within New Hampshire, as
required by RSA 287-E:23, IV;
(5) Neither the applicant nor any partner,
officer, or director has been convicted of a felony that has not been annulled
by any court, within 10 years from the date of application; and
(6) The applicant otherwise meets the
requirements for licensure under RSA 287-E, and this chapter.
(b) The commission
shall deny the application if the applicant has:
(1) Not complied with the application
requirements and procedures, as specified in this chapter;
(2) Made a material false statement in the
application or in any document that is submitted as part of the application
process; or
(3) Not otherwise met the qualifications for
licensure specified in RSA 287-E, and this chapter.
Source. #8803, eff 1-20-07 (See Revision Note at
chapter heading for Pari 1100); ss by #10773, eff 2-1-15; ss by #12095, eff
1-27-17
Pari
1104.02 Approval/Denial
of a Charitable Organizations Licenses.
(a) The commission
shall approve an application and issue a license to the charitable organization
to sell lucky 7 tickets when:
(1) The application is found to be complete and
accurate;
(2) All supporting documentation required by Pari
1103.02(d) above has been submitted and found to be complete and accurate;
(3) All fees have been paid, in accordance with
RSA 287-E:19 and Pari 1103.02(c)(3) above;
(4) The organization qualifies as a charitable
organization, as defined by RSA 287-E:1, V;
(5) The charity
has demonstrated progress in accomplishing its charitable purposes during the 2
year period prior to the date of the application. For the purpose of this
subparagraph, "accomplishing its charitable purposes" means relief of
poverty, advancement of education, protection of health, relief from disease, relief
from suffering or distress, protection of the environment, conservation of
wildlife, advancement of civic, governmental, or municipal purposes, or
advancement of those purposes as delineated in the articles of incorporation or
the bylaws of the organization;
(6) The organization’s house rules comply with
the requirements of Pari 1106.01 above;
(7) When applicable, the organization is in good
standing with the director of charitable trust and its central organization;
and
(8)
The applicant otherwise meets the requirements for licensure under RSA 287-E
and this chapter.
(b) The
commission shall deny the application if the applicant has:
(1) Not complied with the application
requirements and procedures, as specified in this chapter;
(2) Made a material false statement in the
application or in any document that is submitted as part of the application
process;
(3) Been found in violation of this chapter, or
had its license revoke within the past year, per RSA 287-E:25; or
(4) Not otherwise met the qualifications for
licensure specified in RSA 287-E, and this chapter.
Source. #8803, eff 1-20-07 (See Revision Note at
chapter heading for Pari 1100); ss by #10773, eff 2-1-15; ss by #12095, eff
1-27-17
Pari 1104.03 Expiration of
an Issued License.
(a) A license
issued to a distributor or manufacturer pursuant to this chapter shall expire
on June 30 following the date of issue.
(b) A license
issued to a charitable organization pursuant to this chapter 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.
(c) A license
shall be valid only for the activities, location, dates and times as listed on
the license.
(d) Any licensee that ceases to conduct lucky
7 activities shall immediately notify the commission in writing and provide the commission a report as to
the disposition of:
(1) All unused
lucky 7 ticket inventory; and
(2) Any lucky 7
ticket dispensing devices used by the charity.
Source. #10773, eff 2-1-15; ss by #12095, eff 1-27-17
PART Pari 1105 RESPONSIBILITIES OF THE LICENSEE
Pari
1105.01 Responsibilities
of All Licensees. All licensees
shall conduct charitable gaming activities in a manner that ensures:
(a) The
integrity of the game;
(b) That the games are fair, secure, and able to
be auditable and operate correctly; and
(c) That all games are free from corruption,
criminal influences, and conflicts of interest.
Source. #8803, eff 1-20-07 (See Revision Note at
chapter heading for Pari 1100); ss by #10773, eff 2-1-15
Pari
1105.02 Responsibilities
of the Licensed Manufacturer.
(a) Each licensed manufacturer of lucky 7 tickets
shall:
(1) Ensure that all lucky 7 tickets and devices
sold or supplied for use in New Hampshire have been approved by the commission,
and comply with the standards set forth in this chapter;
(2) Only supply lucky 7 tickets and related
supplies, equipment and ticket dispensing devices to licensed distributors;
(3) Develop internal control procedures that
enable it to track lucky 7 tickets deals from the point of manufacture to the
point of transfer of ownership to a licensed distributor;
(4) Maintain, at a minimum, the following records
and information for all lucky 7 tickets sold to licensed
a. Copies of all invoices for lucky 7 tickets;
b. Copies of shipping documents verifying
shipments of lucky 7 tickets and invoices;
c. Game name and game form number sold;
d. Number of lucky 7 ticket deals sold by serial
number;
e. The date that each lucky 7 ticket deal was
sold; and
f. Name and address of licensed distributor that
each deal was sold to;
(5) Comply with
the reporting requirements set forth in Pari 1108.01 below;
(6) Maintain all records for a period of 2 years
and make those records available to the commission upon request and within a
reasonable time for the purpose of auditing; and
(7) Permit the commission to examine its books,
records, inventory, and business premises for the purpose of determining compliance with RSA 287-E and
this chapter, and make such records available to the commission upon
request and within a reasonable time.
(b) The manufacturer shall ensure that all
traditional, pre-printed lucky 7 tickets are shipped in accordance with the
following:
(1) Each package of lucky 7 tickets is sealed at
the point of manufacture with tamper evident seals or tape, including a warning
to the purchaser that the package might have been compromised if the package,
box or other container was received by the purchaser with evidence of
tampering;
(2) The seal or tape is visible from outside the
package, box, or container and is of such construction as to guarantee that
should the container be opened or otherwise tampered with, evidence of the
opening or tampering would be easily detected;
(3) Each package of tickets includes a visible
description of the box or bag contents for all tickets in that deal; and
(4) The serial number of each deal contained
within is clearly and legibly placed on the outside of the package, box or
other container, or is viewable from the outside of the box.
(c) The
manufacturer shall securely transmit all electronically generated lucky 7 deals
designated for sale in New Hampshire
to a server located at the licensed distributor’s principle place of business,
located in New Hampshire in accordance with Pari 1104.01(a)(4).
(d) Neither the manufacturer, nor any of
its employees, shall participate in the lucky 7 games it provides to its
customers in
Source. #10773, eff 2-1-15
Pari 1105.03 Responsibilities of the Licensed
Distributor. Licensed distributors
shall:
(a) Ensure that all
lucky 7 tickets and devices sold or supplied for use in New Hampshire have been
approved by the commission, and comply with the standards set forth in this
chapter;
(b) Only supply
lucky 7 tickets, and related supplies, equipment and dispensing devices to
licensed charitable organizations;
(c) Immediately return any unauthorized
tickets in its possession to the manufacturer;
(d) Only sell
and deliver lucky 7 ticket deals that:
(1) In the case
of traditional pre-printed lucky 7 ticket deals, have an original, unbroken
manufacturer’s seal; or
(2) In the case of electronically generated lucky
7 ticket deals, are transmitted in a secure manner, such as encryption,
password protected files, or other means that prevent readability, and not made
available for play until the charitable organization has accepted delivery;
(e) Develop
internal control procedures that enable it to track lucky 7 deals sold to each
customer and account for all lucky 7 tickets purchased, sold or in inventory,
and to track the sale, lease, or rental of any equipment that is used to
facilitate the distribution, play, and redemption of lucky 7 tickets;
(f) Invoice and collect all deal fees from
the charitable organizations, and submit payment of such fees to the commission
within 15 days of the distribution, electronic transmission or shipping date of
the deal;
(g) With each deal fees payment submitted
to the commission in accordance with (f) above, include a legible copy of each
pre-numbered invoice, which shall include the following information:
(1) The name
and address of the charitable organization;
(2) The
quantity, type, serial numbers, game name and form numbers, sale date,
manufacturer and cost of tickets sold;
(3) The number
of deals sold;
(4) The amount
of fees paid by the charitable
organization; and
(5) The cost to
the charitable organization;
(h) Complete
and submit a “Lucky 7 Ticket Dispensing Device Location Report” form (4/2016)
to the commission within 15 days
of an approved lucky 7 ticket dispensing device having been replaced or a new
lucky 7 ticket dispensing machine installed;
(i) Comply
with the reporting requirements set forth in Pari 1108.02 below;
(j) Maintain all records for a period of 2
years;
(k) Permit the
commission to examine its books, records, inventory and business premises for
the purpose of determining
compliance with RSA 287-E and this chapter, and make such records available to
the commission upon request and within a reasonable time; and
(l) Neither the
distributor, nor any of its employees, shall participate in the lucky 7 games
it provides to its customers in
Source. #10773, eff 2-1-15
Pari 1105.04 Responsibilities of the Licensed
Charitable Organization. Licensed
charitable organizations shall:
(a) Adopt house rules in accordance with
Pari 1106.01 below;
(b) Prominently display the following
documents within the hall in areas that are accessible to and easily seen by
the public, including in the immediate area where the lucky 7 tickets are sold:
(1) The
organization s current lucky 7 license, pursuant to RSA 287-E:20, V;
(2) Two copies
of RSA 287-E and Chapter Pari 1100; and
(3) Two copies
of any house rules that apply;
(c) Prominently
display a sign in the immediate area where the lucky 7 tickets are sold
advising the public of the phone
number where complaints related to charitable gaming may be made;
(d) Only sell lucky
7 tickets that have been purchased from a licensed distributor and manufactured
by a licensed manufacturer, pursuant to RSA 287-E:23;
(e) Utilize only lucky 7 tickets and lucky
7 ticket dispensing devices that have been approved by the commission in
accordance with Pari 1110 below;
(f) Ensure that any lucky 7 tickets put
into play are:
(1) For
traditional tickets, as defined in Pari 1102.11(a), received as unopened deals
with an original, unbroken manufacturer’s seal; or
(2) For
electronically generated tickets, as defined in Pari 1102.11(b), generated or
transferred in a secure manner such as encryption, password protected files, or
other means that prevent readability;
(g) Immediately return to the distributor, any
lucky 7 deals that were not received in a secure manner as described in (f)
above, or that do not otherwise comply with existing laws or this
chapter;
(h) Sell lucky
7 tickets in accordance with Pari 1106 below;
(i) Establish
and institute administrative and accounting procedures and controls to ensure
that:
(1) Assets are
safeguarded;
(2) Financial
records are accurate and reliable;
(3) Transactions are performed only in accordance with
management’s general and specific authorization;
(4) Transactions are recorded adequately to permit
proper reporting of gaming revenue and of fees and taxed, and to maintain
accountability of assets;
(5) Recorded accountability
for assets is compared with actual assets at reasonable intervals, and
appropriate action is taken with respect to any discrepancies;
(6) Functions,
duties, and responsibilities are appropriately segregated in accordance with
sound business practice;
(7) The
integrity of the game is preserved by preventing unauthorized access,
misappropriation, forgery, theft, or fraud; and
(8) The charitable organizations retain control over
funds jointly held in a cooperative agreement, and that such authority is not
extended to a facility owner, or other outside agents;
(j) Maintain
records of all purchases of lucky 7 deals, including electronic deals,
including, at a minimum, the following:
(1) The date and,
in the case of electronic deals, the time the deal was received;
(2) The name of
the authorized individual who took possession of the deal from the distributor,
or otherwise accepted the deal on behalf of the charitable organization;
(3) The location
where deal will be played;
(4) The serial
and game form numbers of the deal;
(5) The name
and description of the game;
(6) The total
number of lucky 7 tickets in the deal; and
(7) The
purchase price for the deal;
(k) Maintain
records that adequately record, track and reconcile all lucky 7 ticket sales
and voids, including, at a minimum, the following:
(1) The date(s)
the tickets were sold or voided;
(2) The
location where the tickets were sold;
(3) The serial
and game form numbers of the deal;
(4) The name
and description of the game; and
(5) The total
number of lucky 7 tickets sold from the deal;
(l) In addition
to the requirements in (j) and (k) above, maintain, at a minimum, the following
records pertaining to lucky 7 gaming activities:
(1) Copies of
all policies and procedures related to lucky 7 games, including play,
surveillance, security, revenue collection, and accounting for, reporting, and
auditing the results produced;
(2) When
electronic lucky 7 ticket dispensing devices are used, documentation of
procedures and controls, including monitoring systems for security incidents,
data back-up, and periodic test and maintenance to ensure that the system is
functioning properly and the integrity of games is preserved;
(3) Bank
statements, check registers, reconciliations, and cancelled checks and bank
deposit slips for lucky 7 bank accounts;
(4) Documentation
of all prize and promotional payouts;
(5)
Documentation of the calculation of charity allocation and state tax;
(6) All written
contracts, agreements, leases, rental agreements, or any other statement of
understanding regarding the operation of lucky 7 games;
(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) Institute written protocols for receiving
cash, including the stipulation that at least 2 persons be present when opening cash
collection boxes, with each person counting the cash and attesting to the
accuracy of the count by completing a receipt document that includes at a
minimum:
(1) The amount of cash withdrawn from the lucky 7
ticket dispensing device;
(2) The date and time of the cash withdrawal; and
(3) The signature of each person involved in the
withdrawal;
(n) Ensure the effectiveness
of the controls put in place by having a person or persons independent of the
lucky 7 ticket sales and inventory control:
(1) Verify the
accuracy of the end balance in the lucky 7 control by reconciling the lucky 7
tickets on hand;
(2) Conduct a
comparison for reasonableness of the amount of lucky 7 tickets sold from the
lucky 7 ticket control log to the amount of revenue recognized;
(3) Review
statistical information; and
(4) Investigate
any large or unusual statistical fluctuations or other abnormalities noted by
the review activities described in (1)-(3) above;
(o) Prepare
general accounting record according to
(p) Comply with
the financial and reporting requirements set forth in Pari 1107 and Pari 1108
below;
(q) When the
organization has hired a consultant, submit a copy of the written agreement to
the commission prior to services being rendered, in accordance with RSA
287-E:7, II(b);
(r) Maintain
all records on the premises for a period of 2 years;
(s) Permit the
commission to examine its books, records, inventory and business premises for
the purpose of determining compliance with RSA 287-E and this chapter, and make
such records available to the commission upon request and within a reasonable
time; and
(t) Notify the
commission in writing within 15 days of an event affecting the charitable
organizations:
(1)
Qualifications for licensure under Pari 1103.02, such as a change in IRS
exemption status; or
(2) Status of
good standing with the
Source. #10773, eff 2-1-15
PART Pari 1106 CONDUCT OF LUCKY 7 TICKET SALES
Pari 1106.01 Lucky 7
House Rules.
(a) In
accordance with Pari 1103.02, a charitable organization shall submit proposed
house rules to the commission with its application for licensure, and at any
time thereafter when a change to the house rules is being made.
(b) Charitable
organizations shall only adopt and follow house rules that:
(1) Ensure that
the games are conducted in a manner that complies with standard practice;
(2) Do not
violate the requirements set forth in RSA 287-E or this chapter; and
(3) Have been
approved by the commission.
(c) In
accordance with Pari 1105.04(b)(3) above, the charitable organization shall
prominently display at least 2 copies of its lucky 7 house rules in locations
within the hall which are accessible to and easily seen by the public,
including in the immediate area where the lucky 7 tickets are sold.
(d) House rules
approved by the commission and adopted by the licensed charitable organization shall address a minimum of the following:
(1) Payment of lucky
7 tickets and lucky 7 seal card prizes to winners who are not in attendance at
the time of the win, or who fail
to collect their prize before leaving the premises, if applicable;
(2) The responsibility of the player to make it
known to the game officials that the player has won;
(3) The amount of time that players have to
claim a winning lucky 7ticket;
(4) How the player claims a winning lucky 7
ticket;
(5) The days of
the week and time of day when the tickets are available for sale;
(6) Smoking/non-smoking policy which shall
comply with RSA 155:66 through RSA 155:70;
(7) The
organization’s name and the effective date of the house rules;
(8) The name
of a member of the charitable organization to be contacted by a player with
comments, concerns or questions; and
(9) That the lucky 7 tickets will be sold
in accordance with RSA 287-E and this chapter.
Source. #8803, eff 1-20-07 (See Revision Note at
chapter heading for Pari 1100); ss by #10773, eff 2-1-15 (from Pari 1108.01)
Pari 1106.02 Randomization.
(a) For tickets
that are not electronically generated, each deal shall be assembled so that no
placement of winning or losing pull-tabs exists that allows the possibility of
prize manipulation or pick out, as follows:
(1) Deals shall
be assembled so that winning tickets are placed randomly throughout each deal;
(2) Deals shall
be assembled and packaged in a manner that prevents isolation of winning
tickets due to variations in printing, graphics, colors, sizes, appearances of
cut edges, or other marking of lucky 7 ticket; and
(3) Winning
tickets shall be distributed and mixed among all other lucky 7 tickets in a
deal so as to eliminate any pattern between deals or portions of deals from
which the location or approximate location of any winning lucky 7 ticket might
be determined.
(b) Every deal
of electronically generated lucky 7 tickets shall be shuffled using a random
number generator that has successfully passed a standard test for randomness
and unpredictability, to a confidence level of 99 percent including, but not
limited to, one of the following:
(1) Chi-square
test;
(2) Equi-distribution test;
(3) Gap test;
(4) Poker test;
(5) Coupon
collector's test;
(6) Permutation
test;
(7) Run test;
(8) Spectral
test;
(9) Serial correlation
test potency and degree of serial correlation; and
(10) Test on
subsequences.
Source. #8803, eff 1-20-07 (See Revision Note at
chapter heading for Pari 1100); ss by #10773, eff 2-1-15
Pari 1106.03 Lucky 7 Ticket Sales.
(a) Pursuant to
RSA 287-E:21, II, a charitable
organization shall sell lucky 7 tickets only at the location specified in the
license issued by the commission, which includes:
(1) The regular meeting place of or a facility owned,
leased, or utilized by the charitable organization for its activities; or
(2) Any other
location where the sale of lucky 7 tickets is conducted in conjunction with and
at the same time as an event sponsored or co-sponsored by the charitable
organization, to be held once a year, and for no more than 4 consecutive days.
(b) When lucky
7 tickets are sold in conjunction with a bingo event, as allowed by (a)(2)
above, the tickets shall only be sold between the hours of noon and 11PM on the
day of the bingo event.
(c) Pursuant to
RSA 287-E:21, III, a charitable organization shall not sell lucky 7 tickets
door-to-door.
(d) A
charitable organization may have up to 4 deals of the same form number open at
any one time when the following are true:
(1) The total
ticket count does not exceed 14,000 tickets at any one time;
(2) Prior to
making a purchase, players are informed of:
a. The number
of deals that are open;
b. The serial number
of each open deal; and
c. The method
by which tickets will be selected and distributed; and
(3) The deals are separately tracked and reported
on the form “Lucky-7 Monthly Financial Report (L7MFR)” (4/2016).
(e) The charitable organization shall accept an
electronically transmitted deal from the distributor before it can be put into
play. Deals shall not be uploaded to the electronic lucky 7 ticket dispensing
device without acknowledgement and approval from the charitable organization to
do so.
(f) An employee of a veterans’ or fraternal
organization selling lucky 7 tickets shall be a person employed by the
organization such as a bartender, manager, or custodian whose wages are subject
to federal tax withholding and who regularly works on the premises of the
organization.
(g) Pursuant to
RSA 287-E:21, V, no lucky 7 tickets shall be sold to any person under 18 years
of age.
(h) Members and
employees of the charitable organization shall not engage in any act, practice,
or course of operation that manipulates the outcome of any game.
(i) A person
selling lucky 7 tickets may only purchase and play lucky 7 tickets after the person
has finished selling tickets and has returned all revenue and unsold tickets in
their possession to the charitable organization's chairperson, treasurer, or
designee overseeing the game.
(j) The
licensed charitable organization shall not put into play any lucky 7 ticket(s)
that has been altered or tampered with, or operate a game in a manner that
tends to deceive the public or affects the chances of winning or losing.
(k) Once a deal is made available for play, the deal
shall not be closed for any reason, and then subsequently reopened for play.
Once closed, the game shall be permanently closed from play.
(l) Licensed charitable organizations that remove unsold
lucky 7 tickets from play, for whatever reason, shall:
(1) Keep, for one year, the un-played tickets within
an opened deal for inspection by the commission; and
(2) Notify the commission within 7 days of the
removal date.
(m) All credits
maintained on an electronic lucky 7 ticket dispensing device when removed from
play may be redeemed by the player or used for play upon reactivation of the
device.
(n) The value
of winning electronically generated lucky 7 tickets shall be credited to the
electronic lucky 7 ticket dispensing device, and allow for the continuation of
play or redemption by the player at any time.
A deal sold over multiple days or bingo sessions shall not be considered
closed or removed from play until the charitable organization no longer intends
to sell tickets from the deal.
(o) Any
unclaimed credits left in an electronic lucky 7 ticket dispensing device shall
be retained by the licensed charitable organization and reported as income.
Source. #10773, eff 2-1-15; ss by #12541, eff 6-1-18
Pari 1106.04 Rolling
Jackpot and Seal Card Games.
(a) If a seal card game contains a separate information
sheet that describes additional play instructions, then the information sheet
shall be publicly posted next to its accompanying seal card.
(b) The
charitable organization shall have only one deal of the same rolling jackpot
bonus game form number on sale at the
same time at each licensed location.
(c) The charitable organization may have a new
deal of an identical rolling jackpot bonus game form number for sale when the
prior deal of an identical rolling jackpot bonus game form number is closed.
(d) A rolling
jackpot bonus game shall be considered closed when all bonus prizes have been
awarded.
(e) The rolling
jackpot amount for a seal card game shall:
(1) Be added to
the designated jackpot value of the next lucky 7 game of the same name for sale
and sold by the same charitable organization;
(2) Accumulate
until there is a winner; and
(3) Be paid to
players prior to the expiration of the charitable organization's final licensed
sale date.
(f) The individual
rolling jackpot amounts on a multiple jackpot seal card shall:
(1) Be added to
the designated jackpot values of the next lucky 7 game of the same name for
sale and sold by the same charitable organization;
(2) Accumulate
until there is a winner for each respective designated jackpot on the multiple
jackpot seal card; and
(3) Be paid to
players prior to the expiration of the charitable organization's final licensed
sale date.
(g) A rolling
jackpot bonus game prize, when tickets for such a game are sold in conjunction with a licensed
bingo game, shall be rolled over to a successive game day in the event there is
no winner on the original or preceding game day.
(h) A
charitable organization may carry over the rolling jackpot bonus game prize
from one licensed game date to another licensed game date regardless of which
day of the week the rolling jackpot
bonus game prize ticket is sold, provided that:
(1) Each
licensed game date, wherein the rolling jackpot bonus game prize tickets is
sold, shall be at the same location;
(2) The
charitable organization shall post in a prominent place at its location, no
less than 7 days in advance, its intention to offer the rolling jackpot bonus
game prize from one licensed game date to another licensed game date;
(3) The
charitable organization shall notify the commission, no less than 7 days in
advance, of its intention to offer the rolling jackpot bonus game prize from
one licensed game date to another licensed game date;
(4) The rolling
jackpot bonus game tickets shall contain the same name and game form number;
and
(5) The
operation of the rolling jackpot bonus game prize ticket shall not be changed or
amended in any way, until the existing rolling jackpot bonus game prize ticket
is won and fully disbursed.
(i) Pursuant to RSA 287-E:20, II, a rolling jackpot bonus game prize shall:
(1) Be
organization-specific;
(2) Be location-specific;
and
(3) Not be
transferable between charitable organizations.
(j) Following
the player's final game play on the seal card, the charitable organization
shall, upon request of any person, immediately open remaining seal card windows
for public inspection.
(k) On the charitable organization's final
licensed lucky 7 sale date or when a lucky 7 game that contains an unclaimed
rolling jackpot is not available for sale on a subsequent licensed lucky 7 sale
date, the organization shall:
(1) Develop
rules to fully distribute the rolling jackpot value in the event there is no
jackpot winner;
(2) Prominently
display the rules in the immediate area where lucky 7 tickets are sold at least
30 minutes prior to the start of that game's sales; and
(3) After the
start of the lucky 7 game sales, make at least one public announcement of the
rules in the immediate area where the lucky 7 tickets are sold.
(l) Rolling jackpot
bonus game tickets shall not be sold through electronic lucky 7 ticket
dispensing devices.
Source. #10773, eff 2-1-15
Pari 1106.05 Payment
of Prizes.
(a) Only cash
prizes shall be awarded to lucky 7 ticket winners and lucky 7 seal card
winners.
(b) The
charitable organization shall pay all individual cash prizes of $500 or more by
check from the account specified in Pari 1107.01(b) below.
(c) Pursuant to
RSA 287-E:20, IV, the percentage of payback to the player shall be at least 45
percent of gross revenues for the deal.
Source. #10773, eff 2-1-15
PART Pari 1107 LUCKY 7 FINANCIAL REQUIREMENTS
Pari 1107.01 Lucky
7 Account Requirements for Charitable Organizations.
(a) The
charitable organization shall:
(1) Maintain
all books of accounts, records and supporting documentation of sufficient
detail to enable preparation of the monthly financial reports as specified in
Pari 1108.03 below; and
(2) Have proof
of all revenues and expenditures related to the sale of lucky 7 tickets
available for review by the commission.
(b) The
charitable organization shall have a separate checking account for depositing
bingo and lucky 7 revenue at a financial
institution in
(c) The charitable organization shall:
(1) Separately
identify money deposited from bingo and lucky 7 revenue on each deposit slip, pursuant to RSA 287-E:9, IV;
(2) Only withdraw
funds from the account specified in (b) above by preprinted, consecutively numbered check; and
(3) Not transfer
or deposit any funds, other than bingo or lucky 7 revenues, into the account
specified in (b) above.
(d) All
receipts for each lucky 7 games session shall be deposited by the second
business day following the session at which they were received.
(e) The charitable organization shall use the
funds in the account specified in (b) above only for:
(1)
Expenditures related to bingo or lucky 7; or
(2)
Disbursement of bingo or lucky 7 proceeds for a charitable purpose.
(f) In
accordance with RSA 287-E:24, all expenses shall be paid by check or electronic
funds transfer from the organization’s charitable gaming account.
(g) The charitable organization shall maintain
all financial accounts, records and ticket inventories which verify the
following:
(1) Gross
revenue;
(2) Prizes paid
out;
(3) Adjusted
gross revenue;
(4) Bank
deposits;
(5) Cost of
full deals sold;
(6) Fee payments;
(7) Other
expenses;
(8) Net profit;
(9) Inventory
data by ticket type; and
(10) Names and addresses
of members selling lucky 7 tickets.
(h) The
charitable organization shall separately record all tickets sold for less than
their marked price in order for the charitable
organization to record any loss.
(i) The charitable organization shall keep the
checking account records for the lucky 7 account on the premises where the
tickets are sold.
(j) The
charitable organization shall make all accounts, records and ticket inventories
available for inspection by the commission.
(k) In
accordance with RSA 287-E:24, IV, the charitable organization shall retain
cancelled checks or bank produced facsimiles of cancelled checks for the
payment of expenses and checks or bank produced facsimiles of checks and
receipts for the payment of prizes for a period of at least 2 years.
Source. #8803, eff 1-20-07 (See Revision Note at
chapter heading for Pari 1100); amd by #9412, eff
3-12-09; ss by #10773, eff 2-1-15
PART Pari 1108 REPORTING REQUIREMENTS
Pari
1108.01
Reporting Requirements for Manufacturers.
(a) Each licensed manufacturer of lucky 7 tickets
shall submit a monthly report to the
commission, which includes the following information:
(1) The name and address of each distributor
in
(2) The name,
quantity and type of tickets shipped or electronically transmitted to each
distributor;
(3) The number of deals shipped or
electronically transmitted to each distributor;
(4) The game form number of the tickets
shipped or electronically transmitted to each distributor;
(5) The dates of each shipment or electronic
transmission; and
(6) The cost of the tickets.
(b) The
licensed manufacturer shall retain copies of all invoices corresponding to
given monthly report for 2 years, and provide copies to the commission upon
request.
(c) The
invoices described in (b) above shall include serial numbers, quantity, type
and cost of tickets shipped for lucky 7 tickets shipped to licensed
distributors.
Source. #8803, eff 1-20-07 (See Revision Note at
chapter heading for Pari 1100); ss by #10773, eff 2-1-15 (from Pari 1112.04)
Pari 1108.02 Reporting
Requirements for Distributors. Each
licensed distributor shall:
(a) Submit to the
commission a monthly lucky 7 ticket fee report within 15 days following the end
of the month, which shall include:
(1) The
quantity and types of tickets sold to charitable organizations;
(2) The name of
the charitable organizations purchasing tickets; and
(3) The amount
of the enclosed check;
(b) Submit to
the commission a completed “Annual Lucky 7 Financial Statements” (4/2016) by
July 30 of each year, which has been:
(1) Prepared by a certified public accountant, the
company comptroller, chief accountant or auditor; and
(2) Reviewed and approved for submission to the
commission by an owner or officer of the company; and
(c) Submit to the
commission a completed “Lucky 7 Ticket Dispensing Device Report” (4/2016),
within 15 days of a lucky 7 dispensing device being install, removed.
Source. #10773, eff 2-1-15
Pari 1108.03 Reporting
Requirements for Charitable Organizations.
(a) Each
licensed charitable organization
shall complete and submit a “Lucky 7 Monthly Financial Report (L7MFR)” (4/2016)
to the commission to document the organization’s income and expenses with regard
to lucky 7 activities.
(b) In
accordance with RSA 287-E:24, I, the charitable organization shall submit a
complete financial report for each license issued under RSA 287-E:20 to the
commission within 105 days from the date of issue and every 90 days thereafter,
or within 15 days after the expiration date of the license, whichever occurs
first.
(c) Failure to
submit a L7MFR within the timeframe noted in (b) above, shall subject the
charitable organization to administrative action, including but not limited to
a verbal warning, letter of warning, administrative order, administrative fine,
a suspension, a revocation, a referral to the attorney general’s office or any
combination of thereof.
Source. #10773, eff 2-1-15
Pari 1108.04 General
Reporting Requirements.
(a) If a manufacturer, distributor or charitable
organization has been identified through inspection, audit, or other means as
having deficiencies in complying with statutory or regulatory requirements or
having ineffective internal controls, the commission shall impose restrictions
or additional recordkeeping and financial reporting requirements.
(b) Upon
request, the licensee shall provide the commission with any and all records
deemed necessary for an ongoing inspection, investigation or audit.
(c) Where
electronic ticket dispensing devices are utilized, the licensee shall
extrapolate and provide data as requested by the commission at no cost to the
State, when such information is needed as part of an inspection, audit, or
related function of the commission.
Source. #10773, eff 2-1-15
PART
Pari 1109 LUCKY 7 TICKETS AND LUCKY 7
TICKET DISPENSING DEVICE REQUIREMENTS
Pari 1109.01 Lucky
7 Ticket Price and Markings.
(a) No lucky 7
ticket shall be sold, or otherwise furnished to any licensee in
(b) Licensed
distributors and manufacturers shall only sell lucky 7 tickets that:
(1) Are constructed
in such a manner as to be fair, honest, and as such prevents the determination
of a winning or losing ticket without:
a. Removing the
tabs or otherwise uncovering the symbols or numbers as intended; or
b. Being
scanned by the electronic lucky 7 dispensing device when the ticket includes a
barcode or similar encryption;
(2) Have a
different serial number for each deal of lucky 7 tickets;
(3) Include on
each ticket an identifying number, mark or symbol to indicate the manufacturer
of the ticket;
(4) Are sold
for no more than 50 cents per ticket, as required by RSA 287-E:20, II;
(5) Provide for
the playing of only one game per lucky 7 ticket; and
(6) Have been
approved by the commission in accordance with Pari 1110.01 below.
(c) Each deal
shall meet the following minimum requirements:
(1) Each deal
shall consist of a maximum of 3,500 tickets;
(2) All tickets
making up a particular deal shall be of the same purchase price; and
(3) Each deal
shall be assigned a unique serial number.
(d) The
following information shall appear on the exterior of each lucky 7 ticket:
(1) The number
of winners and respective winning number(s) or symbol(s);
(2) The prize
amounts within a deal;
(3) The price
of each ticket;
(4) The game
name;
(5) The game
form number;
(6) The serial
number;
(7) The name or
logo of the manufacturer of the ticket;
(8) The
(9) The words
“Please play responsibly”.
(e) In addition
to the requirements in (d) above, electronically produced lucky 7 tickets shall
also include the following information:
(1) The date, time
and place where the ticket was sold; and
(2) A barcode or similar form of encryption from which
the validity of the prize can be determined.
(f) When an
electronic lucky 7 ticket dispensing device is equipped with a video monitor
that displays the results of the lucky 7 ticket as or after it is dispensed, a
minimum of the following information shall appear on the monitor:
(1) The number
of winners and respective winning number(s) or symbol(s);
(2) The prize
amounts within a deal;
(3) The price
of each ticket;
(4) The game
name;
(5) The game
form number; and
(6) The name or
logo of the manufacturer of the ticket.
(g) All lucky 7
tickets shall be initially displayed with a cover and
require player interaction to reveal the symbols and game outcome.
(h) When a
cash-out voucher is produced by an electronic lucky 7 ticket dispensing
devices, a minimum of the following shall appear on the cash-out voucher:
(1) The
location where the electronic lucky 7 ticket dispensing device is located;
(2) The device
number of electronic lucky seven dispensing device;
(3) The value
of the unused game plays or winnings in both words and numerical form;
(4) The date
and time that the cash-out voucher was printed;
(5) The
sequential number of the cash-out voucher;
(6) A barcode
or similar form of encryption that can be used to validate the cash amount
payable to the player; and
(7) The period of time during which the games or
winnings must be claimed.
(i) Seal cards and multiple jackpot seal cards
shall contain the following information on the seal card front, which is the
side of the ticket that contains the game graphics and game play information,
including information visible only after a seal card window is opened:
(1) The name,
serial number and game form number of the Lucky 7 ticket;
(2) The name or
logo of the manufacturer of the ticket;
(3) Instructions that describe how the seal card
player(s) is/are selected unless a separate information sheet is enclosed with
the game that contains the instructions;
(4)
Instructions that describe the number of individual jackpots on the
multiple jackpot seal card;
(5) The
identifying number of each individual jackpot on the multiple jackpot seal
card;
(6)
Instructions that describe how the seal card player(s) can win the
individual jackpots or individual prizes on the seal card or the multiple
jackpot seal card, unless a separate
information sheet is enclosed with the game that contains the instructions;
(7) Except for
the jackpot for rolling jackpot bonus games, a depiction of every prize value
that can be won on the seal card or multiple jackpot seal card;
(8) Individual
lines large enough for each selected players’ name, phone number, or both, for
games that require such information;
(9) Except for
the jackpot for rolling jackpot bonus games, the total seal card prize values
that can be won by a single player; and
(10) For
rolling jackpot bonus games, a clearly defined area whereby a bingo operator
can write in the value of that seal card’s individual jackpot or multiple
rolling jackpots.
(j) If a seal
card or multiple jackpot seal card includes game information visible only after
seal card windows are opened, then an information sheet that contains the same
game information as is printed under the seal card or multiple jackpot seal
card windows, shall be included with the seal card.
(k) Multiple
seal cards for a single game shall each indicate the total number of seal cards
played for that game form number.
Source. #8803, eff 1-20-07 (See Revision Note at
chapter heading for Pari 1100); amd by #10376, eff
7-16-13; amd by #10378, eff 7-16-13; ss by #10773,
eff 2-1-15 (from Pari 1109.01)
Pari 1109.02 Lucky
7 Ticket Dispensing Devices.
(a) No lucky 7
ticket dispensing device shall be sold, leased, or otherwise furnished to any
licensee in
(b) All lucky 7
ticket dispensing devices shall:
(1) Have the
ability to accept $1, $5, $10, $20, and $50 bills;
(2) Contain a money receptacle that is robust enough
to withstand forced illegal entry, and otherwise prevents and identifies cases of
tampering;
(3) Dispense a
cardboard or paper ticket, as required by RSA 287-E:21, III(a);
(4) Not be in
the nature of a slot machine, as stipulated by RSA 287-E:21. A device shall not
be considered to be in the nature of a slot machine when there is a finite
probability basis of having a predetermined quantity of chances among which
there is a predetermined quantity of winners that pay a fixed and predetermined
value of prizes, regardless of the symbols that are used or how those symbols
are displayed; and
(5) Have a
distinctive serial number.
(c) In addition to the requirements of (b) above, all
electronic lucky 7 ticket dispensing devices, software and associated equipment
shall:
(1) Be tested by an independent gaming laboratory
to that has been formally recognized by the commission as a testing facility
that upholds the standards of integrity established by the commission, and been
found by the laboratory to be:
a.
I n compliance with the requirements of this chapter, and RSA 287-E: 16 thru
26;
b. Fair and equitable to both the players and
the operators; and
c. In compliance with currently accepted gaming
test industry standards, such as GLI-14, Finite Scratch Ticket and Pull-Tab Systems
(version 2.2, 2011) and GLI-21 Client Server Systems (version 2.2, 2011),
available as noted in Appendix A, as applicable under New Hampshire laws and
this chapter;
(2) Have sufficient security safeguards so that
any restrictions or requirements authorized by the commission or any approved
proprietary software are protected from alteration by unauthorized personnel;
(3) Have the
ability to retain accounting information in the event of a power failure or
electrical interruption;
(4) Be capable
of recording the following information regarding the sale of each lucky 7
ticket:
a. Serial
number of the game from which the ticket is purchased;
b. Quantity of tickets
purchased;
c. Ticket
price; and
d. The serial
number of the device that produced the ticket;
(5) Be capable
of recording the following information for each sale of a ticket:
a. Date of the
prize payout;
b. Operator’s
unique identification code;
c. Serial
number of the winning paper ticket; and
d. Amount of
the prize payout, if any;
(6) Be capable
of providing a report that shows each deal in play including the balance of
each deal to be played at the time of the report;
(7) Dispense a
either:
a. A
traditional, pre-printed lucky 7 ticket; or
b. An
electronically generated lucky 7 ticket and, upon request by the player, a
cash-out voucher;
(8) Have at least
one keyed lock with a multiple function position or a role-based access control
capable of restricting access to accounting and auditing functions;
(9) Have an
operating switch, lock or role-based access control that will allow the point
of sale system to operate only when a unique identification code has been
entered;
(10) Not
display a spinning reel or reels, or otherwise appear to be in the nature of a
slot machine, as prohibited by RSA 287-E:21, III-a; and
(11) Not issue
a ticket or visually display the results of any ticket on a video monitor in
less than 5 second intervals.
(d) In addition
to (c) above, electronic lucky 7 dispensing devices that dispense or produce
electronic lucky 7 tickets shall be capable of:
(1)
Communicating with the charitable organization’s server to obtain the
next available ticket in a finite deal that has been downloaded to the
charitable organization’s server from the distributor’s server;
(2) Operating using a system server that allows
the commission real-time, remote, read-only access, at no cost to the state,
for the purpose of:
a. Monitoring each charity location, vendor,
terminal, game form, deal, ticket number and time of sale for each ticket
purchased; and
b. Reviewing and downloading reporting and
auditing data, monitor device status and update contact information for all
devices;
(3) Allowing
authorized employees of the manufacturer and commission to access the secure server
to review and download reporting and auditing data, monitor device status and
update contact information for all devices;
(4) Be capable
of recording the following information regarding the sale of each lucky 7
ticket:
a. The date the
ticket was sold; and
b. The
charitable organization’s unique identification code; and
(5) Be capable
of recording the information regarding each deal including the ability to
produce a printout for any or all of the deals in play, and a final deal
record.
(e) Prior to
putting an approved lucky 7 dispensing device into play, the charitable
organization shall ensure that the device bears a registration decal that has
been affixed by the commission. The decal shall not to be removed for any
reason, except as authorized by the commission.
Source. #10773, eff 2-1-15
Pari 1109.03 Data
Requirements for Each Deal of Electronically Generated Lucky 7 Tickets.
(a) The following
shall be available prior to the opening of a deal for distribution and shall be
maintained and be viewable both electronically, and, if requested by the
commission, by printed report, upon demand:
(1) A unique serial
number identifying each deal;
(2) A
description of a deal sufficient to categorize the deal relative to other
deals;
(3) The total
number of lucky 7 tickets in the deal;
(4) The payout
percentage of the entire deal;
(5) The
purchase price per lucky 7 tickets assigned to the deal; and
(6) Prize
values with an associated index and frequency.
(b) The
following data shall be available subsequent to the completion of a deal and
shall be maintained and viewable both electronically and, if requested by the
commission, by printed report, upon demand:
(1) A unique
serial number identifying each deal;
(2) A
description of a deal sufficient to categorize the deal relative to other
deals;
(3) The total
number of lucky 7 tickets unsold;
(4) Total
number of lucky 7 tickets purchased;
(5) The time
and date that the deal became available for play;
(6) The time
and date that the deal was completed or removed from play;
(7) The location
where the deal was played;
(8) The final
payout percentage of the deal when removed from play; and
(9) The
purchase price per lucky 7 tickets assigned to the deal.
(c) In order to
provide maximum game integrity, no unauthorized audit or other determination of
the status of any deal, including, but not limited to, a determination of
prizes won or prizes remaining to be won, shall be conducted by anyone while
the deal is in play without causing the termination of the entire deal.
Source. #10773, eff 2-1-15
PART Pari 1110 REQUEST FOR APPROVAL OF LUCKY 7 TICKETS AND
TICKET DISPENSING DEVICES
Pari 1110.01 Lucky
7 Tickets Approval Process.
(a) No lucky 7
ticket shall be put into play without first being approved by the commission.
(b) To obtain
approval of a lucky 7 ticket, a licensed manufacturer or distributor shall
submit a written request to the commission on company letterhead, and include
the following:
(1) A graphic
representation of the ticket front;
(2) A graphic
representation of the ticket back which shall contain the pull-tabs or similar
break-open features;
(3) A graphic
representation of all game play symbols;
(4) A graphic
representation of a single winning ticket; and
(5) A graphic
representation of a multiple winning ticket, if applicable.
(c) The commission
shall approve a request submitted in accordance with (b) above when the ticket
complies with RSA 287-E and this chapter, including the following:
(1) The name,
serial number and game form number of the Lucky 7 ticket are provided and are
not used for any other type of Lucky 7 tickets;
(2) The price
of the Lucky 7 ticket does not exceed 50 cents;
(3) The number
of Lucky 7 tickets in a deal does not exceed 3,500;
(4) The deal's
payout and profit amounts are clearly defined;
(5) The overall
odds of winning a prize on a ticket are clearly defined;
(6) A prize
structure is clearly defined that denotes the number of wins per deal for each
prize level, including the seal card if applicable;
(7) The prize
structures of each individual jackpot on a multiple jackpot seal card are
clearly defined and denote the number of wins per deal for each prize level,
including the multiple jackpot seal card if applicable;
(8) Pursuant to
RSA 287-E:20, IV, the percentage of payback to the player is at least 45
percent of gross revenues for the deal; and
(9) The
tickets, seal card and multiple jackpot seal card(s) conform to the
requirements of Pari 1109.01(i)-(k) above.
Source. #8803, eff 1-20-07 (See Revision Note at
chapter heading for Pari 1100); ss by #10773, eff 2-1-15
Pari 1110.02 Lucky 7 Ticket Dispensing Device Approval
Process.
(a) No lucky 7
ticket dispensing device shall be utilized without first being approved by the
commission.
(b) To obtain
approval of a lucky 7 ticket dispensing device, a licensed manufacturer or
distributor shall:
(1) Submit a written request to the commission on
company letterhead along with documentation that supports the device’s
compliance with Pari 1109.02 through 1109.03; and
(2) Demonstrate the device to the commission upon
request.
(c) The
commission shall approve a lucky 7 ticket dispensing device when it is found to
comply with RSA 287-E, and this chapter.
(d) If granted,
approval shall extend only to the specific lucky 7 ticket dispensing device
systems or components approved by the commission.
(e) In the case
of electronic lucky 7 ticket dispensing devices, access to the device’s server
shall be available to the commission for the purposes of monitoring and
auditing at no added cost to the state.
(f) Any
modification to system software, hardware, design, or component of an approved
lucky 7 ticket dispensing device shall be performed only by a licensed
manufacturer or its designated representative.
(g) Any lucky 7
ticket dispensing devices that has been modified in accordance with (f) above,
shall be resubmitted for review in accordance with (b) above, and approved by
the commission in accordance with (c) above prior to being utilized.
Source. #8803, eff 1-20-07 (See Revision Note at
chapter heading for Pari 1100); ss by #10773, eff 2-1-15
Pari 1110.03 Approved
Lucky 7 Tickets and Lucky 7 Ticket Dispensing Devices.
(a) The
commission shall restrict specific terms of the approval such as limiting the
specific number of the deals or ticket dispensing devices at any one location,
or other controls as the commission deems suitable and proper to ensure the
integrity of the game.
(b) Any
approval shall be cancelled and vacated or modified by the commission in its
sound discretion at any time, either specifically as to a particular license or
licenses, or generally as to all licenses issued on the basis of the particular
certification.
(c) The commission
shall give notice and afford an opportunity for the licensee to be heard by the
commission before taking any of the actions described in (b) above.
(d) Upon
request of the commission, a charitable organization shall allow the commission
to inspect any components of an approved lucky 7 ticket dispensing device for
the purposes of confirming that such components are operating in accordance
with the requirements of this chapter, and are identical to those components
that have been tested by an independent gaming laboratory, in accordance with
Pari 1109.02(c)(1) above.
(e) The commission shall immediately order that the
licensed charitable organization cease the operation and use of any lucky 7
ticket dispensing device when the device:
(1) Does not
appear to be operating in accordance with the requirements of this chapter;
(2) Is not
identical to the device that was approved by the commission; or
(3) Is
otherwise found to be in violation of law or this chapter.
(f) All lucky 7 tickets and lucky 7 ticket
dispensing devices that were approved by the commission prior to the effective
date of this rule, shall be considered in compliance with this chapter.
Source. #10773, eff 2-1-15
PART Pari 1111 LUCKY 7 FEES
Pari 1111.01 Lucky 7 Fees.
(a) The
distributor shall pay a lucky 7 fee for each deal of tickets as specified in RSA
287-E:22, I or RSA 287-E:22, II, as applicable, and in accordance with Pari
1105.03(f)-(g).
(b) On any
deals used as a promotional item by a licensed distributor, the distributor
shall pay the fees to the commission
with a notation of “promotional”.
(c) A licensed
charitable organization shall pay all deal fees to a licensed distributor as
specified in RSA 287-E:23-a.
(d) A licensed
distributor shall submit all deal fees due under RSA 287-E:22 to the commission
as specified in RSA 287-E:22, V.
Source. #8803, eff 1-20-07 (See Revision Note at
chapter heading for Pari 1100); ss by #8979, eff 9-19-07; ss by #10773, eff
2-1-15
PART Pari 1112 REPORTING VIOLATIONS
Pari 1112.01 Reporting
of Violations.
(a) Unless
otherwise required by law, the identity of any individual who provides
information to the commission regarding alleged violations shall be held in
strict confidence.
(b) Any officer of a licensed charitable organization
or any officer or director of a supplier or manufacturer shall immediately
report to the commission any information pertaining to the suspected
misappropriation or theft of funds or any other violation of charitable gaming
statures or these rules.
(c) Any officer
of a licensed charitable organization involved in the management, operation, or
conduct of charitable gaming shall immediately notify the commission upon being
convicted of a felony or a crime involving fraud, theft, bookmaking, gambling,
or financial crimes.
(d) Any
officer, director, partner or owner of a supplier or manufacturer shall
immediately notify the commission upon being convicted or pleading nolo
contendere to a felony or a crime involving gambling or an action against any
license or certification held by the supplier in any state in the
(e) Any officer
of a license charitable organization shall immediately report to the commission
any change the Internal Revenue Service makes in the tax status of the
organization, or if the organization is a chapter of a national organization
covered by a group tax exempt determination, the tax status of the national
organization.
(f) Failure to
report information required in (d) and (e) above by an officer, director, or
game manager or a licensed organization or by any supplier or manufacturer
shall result in the denial, or revocation of a license.
Source. #8803, eff 1-20-07 (See Revision Note at
chapter heading for Pari 1100); ss by #10773, eff 2-1-15
PART Pari 1113
PENALTIES
Pari
1113.01 Imposition of Penalties.
(a) Pursuant to RSA 287-E:25 and RSA 287-E:25-a, disciplinary
measures available to sanction misconduct shall include:
(1) Imposition
of an administrative order or fine;
(2) Suspension
of a license for a period of up to one year; and
(3) Revocation
of a license.
(b) Other than the immediate suspension of a
license, the commission shall impose disciplinary sanctions only:
(1) After prior
notice to the licensee and the opportunity for him or her to be heard per the
requirements of RSA 541-A:3-, II; or
(2) By
agreement in a settlement between the commission and the licensee made pursuant
to Sw 200.
(c) The
commission shall provide all notices, and conduct all hearings in accordance
with the requirements set forth in RSA 541-A, Sw 200,
and this part, as applicable.
(d) The
commission shall apply the following factors to determine which sanction or
combination of sanctions to impose:
(1) The
seriousness of the offense;
(2) Prior
disciplinary record(s);
(3) Previous and subsequent patterns of conduct;
(4)
Acknowledgment of his or her wrongdoing;
(5) Willingness
to cooperate with the commission;
(6) Action
taken to correct the problem;
(7) The purpose
of the rule or statute that was violated;
(8) The
potential harm to public health, safety and welfare; and
(9) The nature
and extent of the enforcement activities required of the commission as a result
of the offense.
(e) The commission shall select appropriate
sanction(s) by choosing the sanction(s) most likely to:
(1) Protect public health,
safety or welfare;
(2) Prevent future misconduct;
(3) Correct the attitudinal, educational,
or other deficiencies which led to the misconduct;
(4) Encourage the responsible
practices of operating a charitable gaming event; and
(5) Insure the integrity of
charitable gaming in New Hampshire.
Source. #12095, eff 1-27-17
Pari 1113.02 Administrative Fines.
(a) Pursuant to RSA 287-E:25-a, I, when the commission
imposes an administrative order or fine upon a person or entity for a violation
of RSA 287-E or this chapter, the order shall be scaled to reflect the scope of
the violation for each offense.
(b) When the commission has determined that a
violation or violations of RSA 287-E, or this chapter have occurred, the
commission shall send a written notice of the proposed fine(s), by certified
mail or hand delivery, to the person, entity, applicant or licensee of the
commission’s intent to assess a fine.
(c)
The written notice required under (b) above shall contain the following
information:
(1) The violation(s) alleged by the commission
and the facts on which the allegations are based;
(2) The statutory
section(s) that authorize(s) the commissioner to impose a fine;
(3) The amount of the fine for each violation
sited and the total amount of fine(s) being sought; and
(4) The
respondent’s right to request an adjudicative hearing prior to the imposition
of the fine.
(d)
In accordance with RSA 287-E:25-a, II, any administrative fine imposed
under this section shall not preclude the imposition of further penalties or
administrative actions under RSA 287-E or this chapter.
Source. #12095, eff 1-27-17
Pari 1113.03 Administrative Fine Schedule.
(a) For the purposes of this section, a “minor
violation” means conduct, action, or failure to act by any person, entity,
applicant or licensee individual, or entity that was not:
(1) Of a
nature, quality, or extent to effect or potentially effect the integrity of the
charitable game(s) being conducted;
(2) Of a
nature, quality or extent to cause or potentially cause harm to the interest of
the state or the charitable organization;
(3) A knowing,
willful, or intentional violation;
(4) A violation
that is chronic or part of a continuing pattern or practice of the licensee;
(5) An
indication of a recalcitrant violator or one that has engaged in a pattern of
neglect or disregard with respect to applicable regulatory requirements;
(6) An act that
enabled the violator to benefit economically from the noncompliance; or
(7) Intended to
hinder the ability of the commission to determine compliance with any other
applicable local, state or federal regulation, information request, order or
other requirement.
(b)
Minor violations shall include, but not be limited to:
(1) Failing to prominently display documents, as
required by Pari 1105.04(b);
(2) Selling lucky 7 tickets to an individual
under the age of 18, as prohibited by RSA 287-E:21 and Pari 1106.03(f); or
(3) Allowing individuals who are not bona fide
members or salaried employees to sell lucky 7 tickets.
(c) The commission shall impose a fine of no less
than $25, and no more than $500 per “minor” violation committed by any person,
entity, applicant or licensee.
(d) For the purposes of this section, a “moderate
violation” means conduct, action, or failure to act by any person, entity,
applicant, or licensee that exceeds the strict definition of a minor violation,
as define in (a) above, but do not meet the level of severity of a major
violation, as defined in (g) below.
(e)
Moderate violations shall include, but not be limited to:
(1) Failing to submit any reports by the due date.
Each different type of report or record requested but not provided shall
constitute a separate violation subject to a separate fine;
(2) Reopening a deal after it has been closed;
(3) Operating games in a manner that differs from
the house rules approved by the commission;
(4) Failing to maintain the lucky 7 ticket
dispensing devices in proper, working order; or
(5) Committing 3 or more minor violations within
2 years.
(f) The commission shall impose a fine of no less
than $250, and no more than $1,500 per moderate violation committed by any
person, entity, applicant or licensee.
(g) A “major violation” means conduct, action or
failure to act by any person, entity, applicant, or licensee that is:
(1) Of a
nature, quality, or extent to effect or potentially effect the integrity of the
charitable game(s) being conducted;
(2) Of a
nature, quality or extent to cause or potentially cause harm to the interest of
the state or the charitable organization;
(3) A knowing,
willful or intentional violation;
(4) A violation
that is chronic or part of a continuing pattern or practice of the licensee;
(5) An
indication of a recalcitrant violator or one that has engaged in a pattern of
neglect or disregard with respect to applicable regulatory requirements;
(6) An act that
enabled the violator to benefit economically from the noncompliance; or
(7) Intended to
hinder the ability of the commission to determine compliance with any other
applicable local, state or federal regulation, information request, order or
other requirement.
(h)
Major violations shall include, but not be limited to:
(1) Establishing, maintaining, operating, or
otherwise offering a lucky 7 tickets for sale without a license, or with a
suspended license;
(2) Falsifying a lucky 7 license;
(3) Putting a ticket into play that have been
altered or tampered with
(4) Operating a game in a manner that tends to
deceive the public or affect the chances of winning or losing.
(5) Failing to maintain records that adequately
record, track and reconcile all lucky 7 ticket sales and voids, as required by
Pari 1105.04(k);
(7)
Failing to make available any records required by the commission for
investigation, monitoring or licensing purposes, as required by Pari
1105.04(s);
(8)
Furnishing or making false or misleading statements or reports to the
commission, or directing, requiring or knowingly allowing another member or
personnel of the organization or entity to furnish or make false or misleading
statements or report to the commission;
(9) Failing to cooperate during any visit
authorized under RSA 287-E or this chapter;
(10) Failing to maintain a separate checking
account at a NH financial institute for bingo and lucky 7 activities, as
required by Pari 1107.01(b); or
(11) Committing 5 or more minor violations or 3 or
more moderate violations within 2 years.
(i) The commission shall impose a fine of no less
than $1,000, and no more than $5,000 per violation of each major violation
committed by any person, entity, applicant or licensee:
(j) In determining the actual amount of a fine,
the commission shall consider:
(1) The degree
of non-compliance;
(2) Prior
history of violations of the same or similar nature;
(3) The
consequences of the violation, including the economic impact to the state and
other affected parties;
(4) The nature
and persistence of the violation;
(5) The extent
of any remedial or corrective action taken;
(6) The good or
bad faith exhibited by the cited individual(s);
(7) Evidence
that the violation was willful;
(8) The extent
to which the individual cooperated with the board's investigation;
(9) The cost of
any investigation or hearing conducted by the commission;
(10) The
licensee’s ability to pay a fine assessed by the commission; and
(11) Any other
mitigating or aggravating factors.
(k) Except as
otherwise noted, the penalties prescribed in (a)-(j) above shall be imposed for
each day that the person, entity,
applicant, or licensee is not in compliance, beginning with the date that the notification
described in Pari 1113.01(a) above is issued and continuing for each day of
non-compliance, or until the date of compliance.
(l) Payment of any imposed
administrative fine to the commission shall meet the following requirements:
(1) If the recipient of a notice described in
Pari 1113.01(a) above waives or is deemed to have waived his or her right to an
adjudicative hearing, the respondent shall pay the fine by the date specified
in the notice, which shall not be less than 15 days from the date of the notice
of the proposed fine;
(2) If an adjudicative hearing is conducted and
the commission’s decision to assess a fine is upheld, the fine shall be due and
payable within 10 calendar days of the date of the decision, or such longer
time period as is specified in the decision;
(3) Payment shall be made in the form of personal
check or money order which is made payable to “Treasurer, State of New
Hampshire,” or cash in the exact amount due;
(4) Any payment submitted to the treasury
department in the form of a check or money order and returned to the state for
any reason shall be processed in accordance with RSA 6:11-a; and
(5) Cash, money order, or certified check shall
be required when any past payment to the commission by personal check has been
returned for insufficient funds.
(m) Nonpayment of a fine by a licensee or
respondent in contravention of an order, agreement or promise to pay, shall be
a separate ground for discipline by the commission, a basis for denying a
subsequent license or renewal application, and a basis for judicial action
seeking to collect the fine.
(n)
If a licensee or respondent fails to pay a fine in accordance with (l)
above, the fine shall be $100, plus an additional fine of $50.00 per day for
each day for which the commission does not receive payment in full.
(o)
If a licensee corrects and then subsequently repeats a violation for
which a fine was previously issued in accordance with (a)-(n) above, the fine
shall be doubled from that of the previous fine such that, for example, an
original fine of $100 shall become $200 for the first time the offense is
repeated, $300 for the second time the offense is repeated, $400 for the third
time the offense is repeated, and so on.
Source. #12095, eff 1-27-17
Pari 1113.04 License Revocation, Suspension, and
Refusal to Renew.
(a) The commission shall revoke, suspend, or
refuse to renew a license when, based upon the facts of the case, imposition of
an administrative fine would not protect the public’s interests.
(b)
If a reason exists, as set forth in (c) below, to suspend, revoke, or refuse to renew a license
the commission shall notify the licensee in writing of:
(1) The intended action;
(2) The reason(s) for the intended action;
(3) The licensee’s right to request an
adjudicative hearing to show compliance with all lawful requirements for the
retention of the license, and that such a request must be filed within 15 days
of the date of the notice; and
(4) In the case of a notice of suspension,
notification that if the deficiencies are
not corrected within the specified time, the license shall be deemed revoked.
(c) Except as
allowed by (g) below, the commission shall proceed to revoke a license if the
commission determines that one or more of the following reasons for revocation
exist:
(1) Failure
to comply with the conditions of the license or this chapter, such as a
charitable organization’s failure to maintain federal tax exempt status, or manufacturer or distributor
allowing the required bond to lapse;
(2) Failure to take corrective action following
the suspension of a license;
(3) An
inability or unwillingness to comply with RSA 287-E, as it applies to lucky 7,
or this chapter, as demonstrated by a pattern of violations;
(4) Failure to comply with the
requirements set for in this chapter or any commission order to submit records,
bank statements, or any other paraphernalia associated with the sale of lucky 7
tickets;
(5) Providing false information to the
commission, including willfully and knowingly making false statements or
makes false entries in any books or records with respect to any transaction
connected with the sale of lucky 7
tickets;
(6) Failure to remit any license fees or other
amounts due to the state;
(7) Hindering or obstructing an authorized
representative of the commission in the performance of official duties, such as
refusing to access to the premises, or failing to produce any books, records or
documents for review;
(8) Failure to comply with the terms and
conditions of an administrative order issued by the commission;
(9) Failing to pay any administrative, civil, or
criminal penalties owed to the commission;
(10) Any conduct by the licensee that undermines
the public confidence in charitable gaming or serves the interest of organized
gambling or crime and criminals in any manner;
(11) Manipulating
the outcome of any game or otherwise compromising the integrity of the game;
(12) Participating
in illegal activities including possessing illegal gambling equipment, or
permitting illegal gambling in the premises;
(13) Willfully and knowingly conducting business
with unauthorized entities;
(14) Any material violation of RSA 287-E or this
chapter; or
(15) Operating without a valid gaming license in
any state or commonwealth in the United States.
(d) Upon the effective date of the revocation,
the licensee shall immediately cease holding itself out to the public as a
licensee of the commission, and cease engaging in any act for which licensing
is required.
(e) Failure
to comply with (d) above shall constitute separate grounds for further
disciplinary action.
(f) In accordance with RSA 287-E:25, any licensee
whose license is revoked shall be ineligible for licensure for a period of up
to one year from the date of revocation.
(g) If
a license has been revoked, the commission shall not issue a subsequent license
until:
(1) The passage
of the amount of time specified in the revocation order;
(2) The
licensee submits an application in accordance with this chapter;
(3) The
licensee demonstrates that the cause for revocation no longer exist; and
(4) The
licensee demonstrates that any corrective actions that were ordered by the
commission have been fully implemented.
(h)
The commission shall proceed to suspend a license if the commission determines
that one or more reasons to revoke as license, as described in (c) above,
exist, but:
(1) The licensee did not act with intent to
deceive; and
(2) The deficiency(ies)
can be corrected to conform to applicable requirements.
(i) Upon the
effective date of the suspension, the licensee shall immediately cease engaging
in any act for which a license is required until the commission grants
reinstatement pursuant to (l) below.
(j) Failure to comply with (i)
above, shall constitute separate grounds for further disciplinary action.
(k) The minimum period for suspension shall be
that amount of time necessary for the licensee to take corrective action
ordered by the commission and return to compliance.
(l) The commission
shall reinstate a suspended license when:
(1) The licensee submits to the
commission a written request for the license to be reinstated with
documentation demonstrating that all of the corrective actions ordered by the
commission have been taken; and
(2) The commission determines that all corrective actions have, in fact,
been taken and the licensee has returned to compliance.
(m) If the commission does not grant the request
for reinstatement it shall so notify the petitioner and provide the opportunity
for a hearing.
(n) A suspension shall have no effect upon the
expiration of a license.
(o) If, after
receiving a request for renewal of a license, the commission has information
that indicates that a reason, as set forth in (c) above, exists to refuse to
renew the license, the commission shall inform the licensee of the information
and offer an opportunity for the licensee to respond to the information prior
to a decision being made on the application for renewal.
(p) The commission
shall not issue a license until such time as the reason(s) for the refusal to
renew have been corrected.
Source. #12095, eff 1-27-17
Pari
1113.05 Immediate License Suspension.
(a) When the commission receives information
indicating that a licensee has engaged in supplying false or incomplete
information, or has engaged in misconduct that poses an immediate danger to the
public’s welfare, the commission shall issue an order pursuant to RSA 541-A:30,
III, that sets forth the alleged misconduct and immediately suspends the
license for up to 10 working days pending commencement of an adjudicatory
proceeding. If commenced within 10
working days, the suspension shall continue until there is a decision in the
proceeding.
(b) Suspension orders under this section shall
include the notice of hearing pursuant to Sw 200.
(c) No hearing date established in a proceeding
conducted under this section shall be postponed at the request of the licensee
unless the licensee also agrees to continue the suspension period pending
issuance of the commission's final decision.
Source. #12095, eff 1-27-17
Pari
1113.06 Appealing a Decision.
(a)
Any person aggrieved by the commission’s decision to deny, suspend, or
revoke a license may appeal the decision by submitting a request for an
administrative hearing in accordance with (b) below.
(b) Within 15 days of the date on the notice
issued pursuant to Pari 1113.02(c) above, the recipient of the notice shall
submit a written response to the commission that indicates that the recipient
either:
(1) Waives
their right to an adjudicative hearing; or
(2) Requests an
adjudicative hearing.
(c) If the
commission receives a written request for an adjudicative hearing in accordance
with (b) above, the commission shall proceed in accordance with
the provisions of RSA 541-A, and Sw 200 as they apply
to adjudicative proceedings.
(d) If a recipient of a notice fails to submit a
response in accordance with (b) above, the recipient will be deemed to have
waived the right to an adjudicative hearing, and the penalty will be affirmed.
(e) If any participant who receives notice of an
adjudicative hearing fails to appear at the hearing, the hearings officer shall
hear the evidence and testimony of the participant(s) attending the hearing and
render an opinion based thereon.
Source. #12095, eff 1-27-17
Pari
1113.07 Rehearings.
(a) Except as provided in (b) below, within 30
days after any order or decision has been made by the commission, any party to
the action or proceeding before the commission, or any person directly affected
thereby, may apply for a rehearing in respect to any matter determined in the
action or proceeding, or covered or included in the order.
(b) Pursuant to RSA 287-E:26, any person
aggrieved by a decision of the commission to deny, suspend, or revoke a bingo
license may apply to the commission for a rehearing within 15 business
days from the date of the decision.
(c) In accordance with RSA541:4, such motion
shall set forth fully every ground upon which it is claimed that the decision
or order complained of is unlawful or unreasonable.
(d) In accordance
with RSA 541:5, upon the filing of such
motion for rehearing, the commission shall within 10 days either grant or deny
the same, or suspend the order or decision complained of pending further
consideration, and any order of suspension shall be upon such terms and
conditions as the commission shall prescribe.
(e)
Pursuant to RSA 541:3 and RSA 541:4, the commission shall grant a rehearing
when the party states good reason for such relief and demonstrates that a
decision is unlawful or unreasonable. Good reason may be shown by identifying
specific matters that were overlooked or mistakenly conceived by the deciding
tribunal, or by identifying new evidence that could not have been presented in
the underlying proceeding. A motion for rehearing that does not meet these
standards shall be denied.
(f)
In accordance with RSA 541:6, within 30 days after the motion for a
rehearing is denied, or, if the motion is granted,
then within 30 days after the decision of such hearing, the moving party may
appeal by petition to the supreme court.
Source. #12095, eff 1-27-17
Pari 1113.08
Subpoenas.
(a) In accordance with RSA
287-E:26-a, the commission , shall, pursuant to (b) below, issue subpoenas for
witnesses and for documents relative to investigations or adjudicatory hearings
held by the commission.
(b) The commission shall issue a subpoena for the
attendance of witnesses or the production of evidence upon a showing that:
(1) The testimony or evidence is necessary,
relevant and non-repetitive; and
(2) The witness or evidence cannot be voluntarily
obtained.
Source. #12095, eff 1-27-17
PART Pari 1114
WAIVER OF RULES
Pari
1114.01 Waiver of Rules.
(a) Any party seeking a waiver of specific requirement
set forth in this chapter shall submit a written request for a waiver to the
commission that includes:
(1) The
specific reference to the rule for which a waiver is being sought;
(2) A full
explanation of:
a. Why a waiver
is necessary;
b. The
alternatives proposed by the requestor, if any; and
c. Why the requestor believes that the waiver being
requested meets the criteria in (b) below; and
(3) The period
of time for which the waiver is sought.
(b) The commission shall grant the waiver if it
determines that approval of the waiver is not otherwise precluded by statute,
and:
(1) The purpose
of the rule would be satisfied by the alternative method proposed;
(2) Compliance
with the rule is rendered unnecessary by new technology or innovative design;
or
(3) Compliance
with the rule would be unduly onerous or inapplicable given the circumstances
of the affected party.
(c) The party’s subsequent compliance with the
alternatives approved in the waiver shall be considered equivalent to complying
with the rule from which waiver was sought.
(d) Waivers shall not be transferable.
(e) When a party wishes to renew the waiver beyond
the approved period of time, the licensee shall apply for a new waiver by
submitting the information required by (a) above.
(f) The request to renew a waiver shall be
subject to (b) through (e) above.
Source. #8803, eff 1-20-07 (See Revision Note at
chapter heading for Pari 1100); ss by #10773, eff 2-1-15; renumbered by #12095
(formerly Pari 1113.01)
APPENDIX A – INCORPORATION BY REFERENCE
|
Rule |
Title |
Publisher; How to Obtain; and Cost |
|
Pari 1109.02(c)(1)c. |
GLI-14 Finite Scratch Ticket and
Pull-Tab Systems (version 2.2, 2011) GLI-21 Client Server Systems (version 2.2, 2011), |
The GLI-14 standard is available
free of charge and can be found on the Gaming Laboratory International (GLI)
website at: http://www.gaminglabs.com/downloads/GLI%20Standards/Bill%20E%202011/GLI-14%20v2.2%20Standard.pdf The GLI-21 standard is
available free of charge and can be found on the Gaming Laboratory
International (GLI) website at: http://www.gaminglabs.com/downloads/GLI%20Standards/Bill%20E%202011/GLI-21%20v2.2%20Standard.pdf |
APPENDIX B
|
Rule |
|
|
|
|
|
Pari 1101 |
RSA 287-E:16 |
|
Pari 1102 |
RSA 287-E:18 |
|
Pari 1102.02 |
RSA 287-E:16; RSA 287-E:18; Chapter 276:121 of the
Laws of 2015 |
|
Pari 1103 |
RSA 287-E:17; RSA 287-E:18,I, II and IV; RSA
287-E:20; RSA 287-E:23 |
|
RSA
287-E:18, I-II; RSA 287-E:20 |
|
|
Pari
1103.03(d)-(e) |
RSA 287-E:18,
I-II; RSA 287-E:20 |
|
Pari 1104 |
RSA 287-E:18, III, V and VI |
|
Pari 1105 |
RSA 287-E:18,V |
|
Pari 1106 |
RSA 287-E:18,III |
|
Pari 1107 |
RSA 287-E:18,V; RSA 287-E:24 |
|
Pari 1108 |
RSA 287-E:18,V; RSA 287-E:24 |
|
Pari 1109 |
RSA 287-E:18,V; RSA 287-E:23 |
|
Pari 1110 |
RSA 287-E:18,V; RSA 287-E:23 |
|
Pari 1111 |
RSA 287-E:19; RSA 287-E:22, I, II and V; RSA
287-E:23-a |
|
Pari 1112 |
RSA 287-E:18,V |
|
Pari 1113 |
RSA 287-E:18, VI RSA 287-E:25, RSA 287-E:25-a; RSA
287-E:26; RSA 287-E:26-a |
|
Pari 1114 |
RSA 287-A:18; RSA 541-A:22,IV |