CHAPTER Pari 1100 LUCKY 7 TICKETS
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 lucky 7 tickets pursuant to RSA 287-E:1 and RSA 287-E:16
through RSA 287-E:26.
Source. #8803, eff 1-20-07 (See Revision Note at
chapter heading for Pari 1100)
Pari
1101.02 Scope. This chapter shall apply to:
(a) Charitable organizations which sell lucky 7
tickets; and
(b) Distributors and manufacturers of lucky 7
tickets.
Source. #8803, eff 1-20-07 (See Revision Note at
chapter heading for Pari 1100)
PART Pari 1102 LUCKY 7 DEFINITIONS
Pari 1102.01 “Bonus game” means any lucky 7 ticket that
offers an additional prize(s) that can be won by either a drawing or a seal
card.
Source. #8803, eff 1-20-07 (See Revision Note at
chapter heading for Pari 1100)
Pari 1102.02 “Carryover” means
to roll the prize money, not won, from one game date to another.
Source. #8803, eff 1-20-07 (See Revision Note at
chapter heading for Pari 1100)
Pari 1102.03 “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)
Pari 1102.04 “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)
Pari 1102.05 “House rules” means instructions describing how lucky 7
tickets are sold, played and won adopted by a charitable organization pursuant
to Pari 1108.
Source. #8803, eff 1-20-07 (See Revision Note at
chapter heading for Pari 1100)
Pari 1102.06 “Initial application” means:
(a) The first
time that a charitable organization submits a lucky 7 license application to
the commission;
(b) A lucky
7 license application from a charitable organization whose previous license has
been expired for more than 30 days; or
(c) A lucky
7 license application from a charitable organization one year or more after the
organization’s lucky 7 license was revoked pursuant to Pari 1114.01.
Source. #8803, eff 1-20-07 (See Revision Note at
chapter heading for Pari 1100)
Pari 1102.07 “Lucky 7 ticket” means a paper ticket for sale in
Source. #8803, eff 1-20-07 (See Revision Note at
chapter heading for Pari 1100)
Pari 1102.08 “Overall odds”
means the total number of tickets in a deal, divided by the total number of
tickets that win a prize.
Source. #8803, eff 1-20-07 (See Revision Note at chapter
heading for Pari 1100)
Pari 1102.09 “Renewal
application” means an application by a charitable organization which is not an
initial application.
Source. #8803, eff 1-20-07 (See Revision Note at chapter
heading for Pari 1100)
Pari 1102.10 “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. #8803, eff 1-20-07 (See Revision Note at
chapter heading for Pari 1100)
Pari 1102.11 “Rolling jackpot bonus game” means a bonus
lucky 7 ticket with a rolling jackpot feature.
Source. #8803, eff 1-20-07 (See Revision Note at
chapter heading for Pari 1100)
Pari 1102.12 “Seal card” means a
printed paper card containing a seal(s) that, when opened or removed, reveals a
predesignated winning letter, number or symbols and awards selected players
additional ways to win.
Source. #8803, eff 1-20-07 (See Revision Note at
chapter heading for Pari 1100)
Pari 1102.13 “Seal card front” means the side of a seal
card that contains game graphics and game play information, including
information visible only after a seal card window is opened.
Source. #8803, eff 1-20-07 (See Revision Note at
chapter heading for Pari 1100)
Pari 1102.14 “Ticket back” means
the side of the pull-tab ticket that contains the pull-tabs or similar
break-open features.
Source. #8803, eff 1-20-07 (See Revision Note at
chapter heading for Pari 1100)
Pari 1102.15 “Ticket front” means the side of the pull-tab
ticket that contains game play graphics, the price of the ticket and
other game play information.
Source. #8803, eff 1-20-07 (See Revision Note at
chapter heading for Pari 1100)
PART Pari 1103 APPLICATION PROCEDURES FOR A LUCKY 7 LICENSE
FOR A CHARITABLE ORGANIZATION
Pari 1103.01 Application Procedures for a Lucky 7
License for a Charitable Organization.
(a) Prior to
selling lucky 7 tickets, a
charitable organization shall:
(1) Apply to
the commission for a lucky 7 license; and
(2) Be
issued a lucky 7 license by the commission.
(b) Each
applicant for a lucky 7 license shall submit the following to the commission:
(1) A fully completed
application form as required by either Pari 1104.01 or Pari 1106.01, as
applicable;
(2) The
supporting documentation specified in either Pari 1104.02 or Pari 1106.02, as
applicable;
(3) A
completed bingo/lucky 7 data verification form as required by Pari 1105.01, as
applicable; and
(4) A fee as
specified in RSA 287-E:19, I.
(c) If the commission, for the purpose of determining
the applicant’s qualifications for licensure, requires determines that any information or documents specified in (b) above was not
submitted or completed by the applicant, the commission shall:
(1) Notify
the applicant in writing or by telephone within 5 days of the date the
application is received by the commission; and
(2) Specify
the information or documents which the applicant is required to submit or
complete.
(d) If
required pursuant to
(c) above, the applicant shall submit any information or documents requested by
the commission within 5 days of receipt of the request.
(e) The commission shall approve or deny the application in
writing within 15 days of the date that:
(1) The
application is received by the commission; or
(2) If
information or documents are required pursuant to (c), the information or documents
are received by the commission from the applicant.
(f) The commission shall approve the application and issue a
license if the applicant has:
(1) Complied
with the application procedure as specified in this part;
(2) Complied
with the requirements in Pari 1104 or Pari 1106, as applicable;
(3) Complied
with the requirements in Pari 1105; and
(4) Met the
qualifications for licensure as specified in RSA 287-E:20 .
(g) The commission shall deny the application if
the applicant has:
(1) Not
complied with the application procedure as specified in this part;
(2) Not
complied with the requirements in Pari 1104 or Pari 1106, as applicable;
(3) Not
complied with the requirements in Pari 1105; or
(4) Not met the
qualifications for licensure specified in RSA 287-E:20.
(h) If the
commission denies an application, the commission’s written notification
pursuant to (e) above shall specify
the reason(s) for denial.
(i) The
applicant may request a hearing to appeal the denial as specified in RSA
287-E:26.
Source. #8803, eff 1-20-07 (See Revision Note at
chapter heading for Pari 1100)
Pari 1103.02
Expiration of a Lucky 7 License for a Charitable Organization.
(a) A lucky 7 license for a charitable organization
issued pursuant to this chapter shall expire on the last day of the month for
which the license was issued.
(b) A charitable organization shall not sell any
lucky 7 tickets if their license has:
(1) Expired
as specified in (a) above;
(2) Been
revoked as specified in RSA 287-E:25 and Pari 1114.01; or
(3) Been
denied pursuant to Pari 1103.01(g).
Source. #8803, eff 1-20-07 (See Revision Note at
chapter heading for Pari 1100)
PART Pari 1104
INITIAL APPLICATION FOR A LUCKY 7 LICENSE FOR A CHARITABLE ORGANIZATION
Pari 1104.01 Initial
Application for a Lucky 7 License for a Charitable Organization.
(a) A charitable organization shall submit to the
commission a fully completed “Initial Application for a Lucky 7 License” form, provided by the
commission, which:
(1) For a monthly license, relates only to activities which will take
place in a single monthly period beginning
on the first day of an upcoming month and ending on the last day of the same
upcoming month;
(2) For a yearly license, relates to activities which will take place in a specified number of
monthly periods beginning on
the first day of the first month and ending on the last day of the last month;
(3) Is signed
under oath by a member of the charitable organization requesting the license
who is a duly authorized officer, director or official of the charitable
organization; and
(4) Is received
by the commission at least 15 days prior to the first game date of the month or
year for which the license has been requested.
(b) The duly
authorized officer, director or official who is submitting the application on
behalf of the charitable organization shall:
(1) Provide
their name, in print, and title or position held within the charitable
organization;
(2) Sign and
date the form; and
(3) Certify to the following preprinted
statement:
“I certify, under the
penalty of unsworn falsification pursuant to RSA 641:3, that the
information provided on this form is true, accurate and complete.”
(c) If at
any time an initial lucky 7 application is pending, or at any time an initial
lucky 7 license is in effect, any of the information provided by the charitable
organization on a bingo/lucky 7 data verification form changes, or if the
information becomes or is no longer accurate,
the applicant shall, within 15 days of the occurrence of the event resulting in
the change, file with the commission a new, corrected data verification form.
(d) If at any time an initial lucky 7 application is pending, or at any time an
initial lucky 7 license is in
effect, any of the information provided on or with an initial lucky 7 application under this section changes, or
becomes or is no longer accurate,
the applicant shall, within 15 days of the event resulting in the change,
submit to the commission an updated, corrected application form or provide
supporting documentation containing the correct information.
(e) Licensed charitable organizations shall
maintain their IRS tax-exempt status, and
all other qualifications for licensure, during the period of licensure
and shall notify the commission immediately should their exempt status change
or be revoked or should any other
qualification for licensure cease to exist.
(f) The commission shall revoke a license if the
charitable organization fails to maintain a tax-exempt status or any other qualification of licensure.
Source. #8803, eff 1-20-07 (See Revision Note at
chapter heading for Pari 1100)
Pari
1104.02 Supporting
Documentation for Initial Application for a Lucky 7 License for a
Charitable Organization.
(a) An applicant shall provide the following supporting documents with the initial
license application for a lucky 7 license for a charitable organization:
(1) A copy of either:
a. The IRS letter
of determination:
1. Stating that the charitable organization is
exempt from federal income tax;
2. Granting
tax exempt status to the charitable organization under 26 USC §§501(c)(3), 501(c)(4), 501(c)(7), 501(c)(8), 501(c)(10) or
501(c)(19); and
3. Including the charitable organization’s
federal tax identification number; or
b. If the charitable organization’s exempt
status is by virtue of a group exemption:
1. A copy of the IRS letter of determination to
the entity with which the charitable organization is connected indicating that
that entity possesses a group exemption under the authority of one of the code
provisions noted in a. above; and
2. A letter from the entity with which the
charitable organization is connected stating that the charitable organization
is covered by the group tax exemption and its tax exemption number;
(2) Documentation that the city or town in which
the charitable organization seeks to sell lucky 7 tickets has adopted, and
currently has in effect, the local option provision of RSA 287-E:27, in the
form of a copy of the currently-effective ordinance or vote of the municipality
adopting these provisions;
(3) A certificate from the
a. That the charitable organization is
registered with the secretary of state as a nonprofit corporation; and
b. The charitable organization’s date of
registration;
(4) A certificate from the New Hampshire
secretary of state, or a copy thereof,
stating that the charitable organization is currently in good standing;
(5) If the charitable organization is required to
register with the director of charitable trusts under RSA 7:19 through RSA
7:32-a, a certificate from the New Hampshire department of justice, charitable
trusts division, or a copy thereof, stating that the organization is so
registered and is in good standing;
(6) Documentation indicating the charitable purposes for which
the charitable organization was organized, and the extent these charitable
purposes have been furthered by the charitable organization within the
community by goods, services or both in the community, in the format described in (b) below;
(7) A copy of the charitable organization’s
current articles of incorporation;
(8) A copy of the bylaws of the charitable
organization;
(9) A copy of the charitable organization’s
current membership list;
(10) A current list of:
a. The officers and directors of the charitable
organization; and
b. Any officials of the charitable organization
who are authorized to submit applications and supporting materials;
(11) A letter of intent in the format described in
(c) below;
(12) A fully executed bingo/lucky 7 data
verification form containing the information specified in Pari 1105.01;
(13) A copy of the charitable organization’s house
rules; and
(14) Documentation that the member of the
charitable organization submitting the application on behalf of the
organization is an officer, director or official presently duly authorized to
submit applications, renewal applications and supporting documents on behalf of
the organization, in the format described in (d) below.
(b) The documentation required under (a)(6) above
shall consist of a letter from the charitable organization to the commission
that:
(1) Begins with the phrase “The charitable
purposes of,” followed by the name of the charitable organization, the word
“are” and a description of the charitable purposes of the charitable
organization which:
a. Indicates the religious, civic, fraternal,
veterans’ or other charitable purposes of the organization, other than
charitable gambling, for which the organization is organized; and
b. Describes how the purposes noted in (b)(1)a.
above are furthered by activities conducted in the town or city in which the
organization is organized;
(3) Bears the letterhead of the charitable
organization;
(3) Is signed by an official of the charitable
organization who is authorized by the organization to do so; and
(4) Bears the date that the letter was signed.
(c) The letter of intent noted in (a)(11) above
shall:
(1) List the dates of activities, other than
charitable gambling or activities conducted solely for the purposes of raising
funds for the charitable organization, conducted by the charitable organization
within the 2 year period prior to the date of the application which advance the
charitable organization’s charitable purpose; and
(2) Describe the activity conducted, including in
the description the location at which the activity was conducted.
(d) The documentation required under (a)(14)
above shall consist of a letter from the secretary of the charitable organization, on the letterhead of the
charitable organization:
(1) Stating that that the person submitting the
application is a member of the organization;
(2) Stating the person’s title within the
organization;
(3) Stating that the person is presently
authorized by the board of directors of the organization to file lucky 7 application forms and supporting
materials on behalf of the organization; and
(4) Enclosing therewith a true and accurate copy
of the minutes, or other written recording of the vote of the board of
directors of the organization, authorizing the person to file lucky 7
application forms and supporting materials on behalf of the organization.
Source. #8803, eff 1-20-07 (See Revision Note at
chapter heading for Pari 1100)
PART
Pari 1105 BINGO/LUCKY 7 DATA
VERIFICATION FORM
Pari
1105.01 Bingo/Lucky
7 Data Verification Form.
(a) An applicant
for a lucky 7 license shall submit a “Bingo/Lucky 7 Data Verification Form” as
an attachment to their initial license application as specified in Pari
1104.02(a)(12).
(b) The duly authorized officer, director or
official who is submitting the form on behalf of the charitable organization
shall:
(1) Provide their name, in print, and title or
position held within the charitable organization;
(2) Sign and date the form; and
(3) Certify to the following statement:
“I certify, under the penalty
of
unsworn falsification pursuant to RSA 641:3, that the
information provided on this form is true, accurate and complete.”
Source. #8803, eff 1-20-07 (See Revision Note at
chapter heading for Pari 1100)
PART
Pari 1106 RENEWAL APPLICATION FOR A
LUCKY 7 LICENSE FOR A CHARITABLE ORGANIZATION
Pari
1106.01 Renewal Application for a Lucky 7 License for
a Charitable Organization.
(a) A charitable organization shall submit to the commission, as specified in RSA 287-E:19, II, a
fully completed “Renewal Application for a Lucky 7 License” form, provided by
the commission, which:
(1) For a monthly license, relates only to activities which will take
place in a single monthly period beginning on the first day of an upcoming
month and ending on the last day of the same upcoming month;
(2) For a yearly license, relates to activities which will take place in a specified number of
monthly period beginning on the first day of the first month and ending on the
last day of the last month;
(3) Is signed by a member of the charitable
organization requesting the license who is a duly authorized officer, director
or official of the charitable organization; and
(4) Is received at the commission at least 15
days prior to the expiration date of the current lucky 7 license.
(b) The duly
authorized officer, director or official who is submitting the application on
behalf of the charitable organization shall:
(1) Provide their name, in print, and title or
position held within the charitable organization;
(2) Sign and date the form; and
(3) Certify to the following preprinted
statement:
“I certify, under the
penalty of unsworn falsification pursuant to RSA 641:3, that the
information provided on this form is true, accurate and complete.”
(c) If at any time a renewal lucky 7 application
is pending, or at any time a lucky 7 license is in effect, any of the information provided by the
charitable organization on a bingo/lucky 7 data verification form changes, or
if the information becomes or is no longer
accurate, the applicant shall, within 15 days of the occurrence of the
event resulting in the change, file with the commission a new, corrected data
verification form.
(d) If at any time a renewal lucky 7 application is pending, or at any time a lucky
7 license is in effect, any of the
information provided on or with an initial lucky 7 application under this section changes, or
becomes or is no longer accurate, the applicant shall, within 15 days of the event resulting in the
change, submit to the commission an updated, corrected application form or
provide supporting material containing the correct information.
(f) Licensed charitable organizations shall
maintain their IRS tax-exempt status, and all other qualifications for licensure, during any period of
renewal licensure and shall notify the commission immediately should their
exempt status change or be revoked or should any other qualification for
licensure cease to exist.
(g) The commission
shall revoke a lucky 7 license renewal if the charitable organization fails to maintain a tax-exempt status or any
other qualification of licensure.
Source. #8803, eff 1-20-07 (See Revision Note at
chapter heading for Pari 1100)
Pari
1106.02 Supporting Documentation for
a Renewal Application for a Lucky 7 License for a Charitable Organization. The applicant shall submit to the commission
the following supporting documentation with any renewal application(s) for a
lucky 7 license for
a charitable organization:
(a) If not previously submitted, a complete
membership list for the charitable organization;
(b) If the charitable organization sold lucky 7
tickets in any month prior to the month for which the application is received,
any original, signed lucky 7 financial report, as required by Pari 1111.01, for
any month which has not previously been submitted and which is due or overdue;
(c) If at the time of the filing of the renewal
the bingo/lucky 7 data verification form previously filed is not accurate or
complete, a fully executed bingo/lucky 7 data verification form containing the
information required by Pari
1105.01;
(d) If any information appearing on an initial
application form or any more recent renewal application form has changed, is no
longer accurate or has been found to be inaccurate, either:
(1) A new, signed, application or renewal form
containing the corrected information, with all required attachments thereto
that are subject to correction; or
(2) A written correction of that information; and
(e) If any of the supporting documentation
previously submitted pursuant to Pari 1104.02 or in conjunction with any more
recent renewal application, including but not limited to the charitable
organization’s list of members has changed, is no longer accurate, is no longer
effective, or has been found to be inaccurate, a corrected version of the
supporting material.
Source. #8803, eff 1-20-07 (See Revision Note at
chapter heading for Pari 1100)
PART Pari 1107 DISPLAY OF LUCKY 7 LICENSES AND HOUSE RULES
Pari 1107.01 Display of Lucky
7 Licenses and House Rules.
(a) Pursuant
to RSA 287-E:20, V, a lucky 7 licensee shall prominently display their lucky 7
license in the immediate area where lucky 7 tickets are sold.
(b) A lucky 7 licensee shall post at least 2
copies of RSA 287-E, this chapter, and any house rules as required by Pari 1108.01 with the license.
(c) A lucky 7
licensee shall prominently display at least 2 copies of the house rules in
locations within the hall which are accessible to and easily seen by the
public.
Source. #8803, eff 1-20-07 (See Revision Note at
chapter heading for Pari 1100); amd by #9412, eff 3-12-09
PART Pari 1108 LUCKY 7 HOUSE RULES
Pari
1108.01 Lucky 7 House Rules.
(a) A lucky 7 licensee shall not adopt
or use any house rule that violates RSA 287-E or this chapter.
(b) A lucky 7 licensee shall adopt and
follow house rules that address
at least 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, if applicable;
(2) The responsibility
of the player to make it known to the game officials that the player has a won;
(3) The amount
of time that players have to claim a winning lucky 7 ticket;
(4) How the player claims a winning lucky 7 ticket;
(5)
(6) Smoking/non-smoking
policy which shall comply with RSA 155:66 through RSA 155:70;
(7) 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)
PART Pari 1109 OPERATION OF LUCKY 7 TICKET SALES
Pari 1109.01
Lucky 7 Ticket
(a) The charitable
organization shall sell lucky 7 tickets only as specified in RSA 287-E:21, II.
(b) Pursuant to RSA 287-E:21, III, the charitable
organization shall not sell lucky 7 tickets door-to-door.
(c) The charitable
organization shall submit to the commission a monthly financial report pursuant
to Pari 1111 to verify the income and expenses reported by the charitable
organization to the commission.
(d) Pursuant to RSA 287-E:23, all of the
charitable organization’s tickets shall be:
(1) Purchased only from distributors licensed
pursuant to Pari 1112; and
(2) Manufactured by manufacturers licensed
pursuant to Pari 1112.
(e) The charitable
organization shall only purchase and receive unopened deals with an original,
unbroken manufacturer’s seal from licensed distributors.
(f) The charitable
organization shall immediately return any lucky 7 tickets or deals which do not
comply with existing laws or this chapter to the distributor for credit.
(g) A employee
of a veterans or fraternal organization selling lucky 7 tickets shall only 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.
(h) Te 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.
(i) 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.
(j) A rolling
jackpot bonus game shall be considered closed when all bonus prizes have been
announced.
(k) 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.
(l) 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.
(m) 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.
(n) All lucky 7 tickets shall be played in
accordance with the commission approved ticket design pursuant to Pari 1112.06 on file with commission.
(o) Pursuant to RSA 287-E:24, the charitable
organization shall pay all expenses and any player who wins a prize or prizes totaling $500 or more during a
lucky 7 game's bonus play by check from the account specified in Pari
1110.02(a).
(p) A lucky
7 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.
(q) Pursuant to RSA 287-E:20, II, a lucky 7 rolling jackpot bonus game prize
shall:
(1) Be organization-specific;
(2) Be location-specific; and
(3) Not be transferable between charitable
organizations.
(r) A person
selling lucky 7 tickets may purchase and play lucky 7 tickets only after the
person has finished selling tickets and returned all revenue and unsold tickets
to the charitable organization's chairperson or treasurer.
(s) 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.
Source. #8803, eff 1-20-07 (See Revision Note at
chapter heading for Pari 1100)
PART Pari 1110 LUCKY 7 INSPECTION PROCEDURES AND FINANCIAL
REQUIREMENTS
Pari 1110.01 Lucky
7 Inspection Procedures.
(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 1111 submitted to the
commission; 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 all
accounts, records and ticket inventories available for inspection by the
commission.
(c) Licensed
charitable organizations that remove unsold lucky 7 tickets from play, for
whatever reason, shall:
(1) Keep, for one year, the un-opened tickets for
inspection by the commission; and
(2) Notify the commission within 7 days from removal date.
(d) The charitable
organization shall:
(1) Keep checking account records for the account
specified in Pari 1110.02(a) on the premises where the tickets are sold; and
(2) Have all of the records specified in (d)(1) above
open and accessible for inspection by the commission.
Source. #8803, eff 1-20-07 (See Revision Note at
chapter heading for Pari 1100)
Pari 1110.02 Lucky 7 Financial Requirements.
(a) The charitable organization shall have a
separate checking account for depositing bingo and lucky 7 revenue at a financial institution with at least
one office in
(b) The charitable
organization shall not:
(1) Transfer or withdraw, by withdrawal slip, any
bingo or lucky 7 funds from the account specified in (a) above;
(2) Transfer or deposit any funds, other than
bingo or lucky 7 revenues, into the account specified in (a) above.
(c) The charitable organization shall only
withdraw funds from the account specified in (a) above by preprinted, consecutively numbered check.
(d) The charitable
organization shall only use the funds in the account specified in (a) above
for:
(1) Expenditures related to bingo or lucky 7; or
(2) Disbursement of bingo or lucky 7 proceeds for
a charitable purpose.
(e) 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.
(d) Pursuant
to RSA 287-E:9, IV, the charitable organization shall separately identify money
deposited from bingo and lucky 7 revenue on each deposit slip.
(e) 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.
Source. #8803, eff 1-20-07 (See Revision Note at
chapter heading for Pari 1100)
PART Pari 1111 MONTHLY FINANCIAL REPORT
Pari 1111.01 Monthly
Financial Report.
(a) The charitable organization shall submit to
the commission within 15 days of the expiration of the lucky 7 license a
monthly financial report for each licensed month containing either:
(1) For charitable organizations which have both
a lucky 7 license and a bingo license issued pursuant to Pari 1000, the
following forms provided by the commission:
a. Lucky 7 Worksheet; and
b. The forms specified in Pari 1014.01(a)(1) and Pari
1014.01(a)(2); or
(2) For charitable organizations which have only
a lucky 7 license, Lucky 7 Worksheet and Report provided by the commission.
(b) The charitable
organization’s treasurer and chairperson shall:
(1) Sign and date the report; and
(2) Certify to the following statement:
“I hereby certify, under penalty
of
unsworn falsification pursuant to RSA 641:3, that all worksheets contained
within this Monthly Financial Report are true, accurate and correct and that
there are no willful misrepresentations in or falsifications of the
worksheets.”
(c) Notwithstanding (a) above,
until January 1, 2008, charitable organizations may continue to use the Lucky 7
Monthly Financial Report.
Source. #8803, eff 1-20-07 (See Revision Note at
chapter heading for Pari 1100); ss by #8979, eff 9-19-07
PART Pari 1112 DISTRIBUTORS AND MANUFACTURERS OF LUCKY 7
TICKETS
Pari 1112.01
Application Procedures
for Distributor and Manufacturer Licenses.
(a) If the
commission, for the purpose of determining the applicant’s qualifications for licensure,
determines that any
information or documents specified in (c) below has not been submitted or fully
completed by the applicant, the commission shall:
(1) Notify
the applicant in writing or by
telephone within 30 days of the date the application is received by the
commission; and
(2) Specify
the information or documents which the applicant is required to submit or
complete.
(b) If
required pursuant to (a) above, the applicant shall submit any information or
documents requested by the commission within 5 days of receipt of the request.
(c) An application shall be considered to be on file with the
commission on the first date that the commission has received:
(1) A fully
completed application form and all required supporting documentation as
required by Pari 1112.03 or Pari 1112.04, as applicable; and
(2) The
license fee pursuant to RSA 287-E:23, I or RSA 287-E:23, VI(c), as applicable.
(d) The commission shall approve or deny the application in
writing within 45 days of the date that the application is on file with the
commission.
(e) The commission shall approve the application if the
applicant has:
(1) Complied
with the application process set forth in this section;
(2) Complied
with the requirements specified in Pari 1112.03 or Pari 1112.04, as applicable;
and
(3) Met the
qualifications for licensure as specified in RSA 287-E:23.
(f) The
commission shall deny the application if the applicant has:
(1) Not complied
with the application process set forth in this section;
(2) Not complied with the requirements specified in Pari
1112.03 and Pari 1112.04, as applicable; or
(3) Not met
the qualifications for licensure specified in RSA 287-E:23.
(g) If the commission denies a license:
(1) The
commission’s written notification pursuant to (d) above shall specify the
reason(s) for denial; and
(2) The
application fee specified in (c)(2) above shall be refunded to the applicant.
(h) The applicant may request a hearing to appeal
the denial as specified in RSA 287-E:26.
(i) If an
applicant requests a hearing pursuant to (h) above and the denial is
overturned, the applicant shall resubmit the application fee if refunded
pursuant to (g)(2) above to the commission before the commission will issue a
license.
Source. #8803, eff 1-20-07 (See Revision Note at
chapter heading for Pari 1100)
Pari 1112.02
Expiration
of a Lucky 7 License for a Distributor or Manufacturer.
(a) A license for a distributor or manufacturer issued
pursuant to this part shall expire on June 30.
(b) A distributor or manufacturer shall not sell lucky 7
tickets if the distributor’s or manufacturer’s license has:
(1) Expired
as specified in (a) above;
(2) Been
revoked by the commission as specified in RSA 287-E:25 and Pari 1114.01; or
(3) Been
denied pursuant to Pari 1112.01(f).
Source. #8803, eff 1-20-07 (See Revision Note at
chapter heading for Pari 1100)
Pari 1112.03 Distributor
License Requirements.
(a) Pursuant
to RSA 287-E:22, V, licensed distributors shall:
(1) Invoice and collect all deal fees from the
charitable organizations;
(2) Pay such fees to the commission within 15
days of the date of sale; and
(3) Only sell and deliver to charitable organizations
unopened deals with an original, unbroken manufacturer’s seal.
(b) With each fee payments to the
commission for tickets sold to charitable organizations, the distributor shall
submit a legible copy of each pre-numbered invoice.
(c) Each invoice
required by (b) above shall show for each type of lucky 7 deals:
(1) The name and address of the charitable
organization;
(2) The quantity, type, serial numbers, sale
date, manufacturer and cost of such tickets;
(3) The number of deals sold;
(4) The amount of fees paid by the charitable
organization; and
(5) The cost to the charitable organization.
(d) Licensed distributors shall submit to the
commission a monthly bag and pull-tab ticket fee report within 15 days
following the end of the month.
(e) The report, required by (d) above, shall
detail:
(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.
(f) Licensed distributors shall submit to the
commission notarized financial statements prepared by a certified public
accountant, the company comptroller, chief accountant or auditor within 30 days
following June 30 of each year certifying that the distributor has remitted the
correct amount of fees to the commission and that the report is accurate.
(g) Licensed distributors shall permit an examination,
during business hours, by representatives of the commission, of the inventory
of lucky 7 tickets and the books and records relating to lucky 7.
(h) 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”.
(j) The distributor shall possess and sell only
commission approved tickets pursuant to Pari 1112.06 or tickets that are to be
subsequently sold out of state.
(k) The distributor shall immediately return any
unauthorized tickets in the possession of a distributor to the manufacturer.
(l) Distributors of lucky 7 tickets shall be
licensed by the commission prior to selling lucky 7 tickets in
(m) Distributors shall:
(1) File with the commission a fully completed “Application for
Distributor License” form provided by the commission;
(2) Pursuant to RSA 287-E:23, III, submit a bond
in the amount of $50,000 payable to the commission conditioned upon the
licensee's compliance with the rules of the commission;
(3) Submit the licensing fee specified in RSA
287-E:23, I; and
(4) Meet the
requirements for licensure under RSA 287-E:23 and this part.
(n) The person submitting the application on behalf of the
distributor shall:
(1) Provide
their name, in print, and their title or position held;
(2) Sign and date the
form; and
(3) Certify to the following preprinted
statement:
“I certify, under the
penalty of unsworn falsification pursuant to RSA 641:3, that the
information provided on this application and in any supporting materials is
true, accurate and complete.”
(o) All licensed distributors of lucky 7 or
similar tickets, doing business with charitable organizations licensed by the
commission to conduct charitable gaming, shall be registered with the secretary
of state as required under RSA 293-A, RSA 304-C, RSA 305-A or RSA 349.
(p) All licensed distributors shall identify any
lucky 7 vending machines leased, sold or rented to licensed charitable
organizations by the manufacturer's name and model identification.
(q) A lucky 7 distributor with a current
Source. #8803, eff 1-20-07 (See Revision Note at
chapter heading for Pari 1100)
Pari 1112.04 Manufacturers Licensing Requirements.
(a) Manufacturers of lucky 7 or similar tickets
licensed by the commission prior to selling lucky 7 tickets in
(b) Manufacturers shall:
(1) File with
the commission a fully completed
“Application for Manufacturer License” form provided by the commission;
(2) Pursuant to RSA 287-E:8-a, III, submit a bond
in the amount of $50,000 payable to the commission and conditioned upon the
licensee's compliance with the rules of the commission;
(3) Submit the licensing fee specified in RSA
287-E:23, VI(b); and
(4) Meet the
requirements for licensure under RSA 287-E:8-a and this part.
(c) The person submitting the application on behalf of the
manufacturer shall:
(1) Provide
their name, in print, and their title or position held;
(2) Sign and date the form; and
(3) Certify to the following preprinted statement:
“I certify, under the
penalty of unsworn falsification pursuant to RSA 641:3, that the
information provided on this application and in any supporting materials is
true, accurate and complete.”
(d) Licensed manufacturers shall ship lucky 7 or similar
tickets into
(e) All licensed manufacturers of lucky 7 or
similar tickets, doing business with distributors licensed by the commission,
shall be registered with the secretary of state as required under RSA 293-A,
RSA 304-C, RSA 305-A or RSA 349.
(f) Licensed manufacturers shall supply to
licensed distributors in
(g) Each licensed manufacturer shall print the
(h) Each licensed manufacturer shall attach to each
deal of tickets a visible description of the box or bag contents for all
tickets in that deal.
(i) Pursuant to RSA 287-E:24, I, each licensed
manufacturer shall submit a monthly report as specified in (k) below.
(j) The licensed manufacturer shall provide the
following in the report required by (i) above:
(1) The name
and address of each distributor in
(2) The name,
quantity and type of tickets shipped;
(3) The dates
of the shipments;
(4) The cost
of the tickets;
(5) The number
of deals shipped; and
(6) The
game form number of the tickets shipped.
(k) Each licensed manufacturer shall attach to
the monthly report for the commission, one copy of all invoices including
serial numbers, quantity, type and cost of tickets shipped for lucky 7 or
similar tickets shipped to licensed distributors.
(l) Each licensed manufacturer shall permit a
representative of the commission to examine its books, records and inventory,
including records pertaining to shipments of lucky 7 or similar tickets to
licensed distributors in
(m) The manufacturer shall print on each lucky 7
ticket an identifying number, mark or symbol to indicate the manufacturer of
such ticket.
(n) The manufacturer shall use a different name,
game form number and serial number for each type of ticket manufactured.
(o) A lucky 7 manufacturer with a current
Source. #8803, eff 1-20-07 (See Revision Note at
chapter heading for Pari 1100)
Pari 1112.05 Lucky 7 Ticket Price and Markings.
(a) The distributor and manufacturer shall only
sell lucky 7 tickets:
(1) That
have a different name, game form number and serial number for each type of
lucky 7 ticket;
(2) That
are marked with a
(2) For not more than 50 cents each.
(b) The lucky 7 ticket front shall contain:
(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 name or logo of the manufacturer; and
(7) The serial number.
(c) The words “Please play responsibly” shall
appear on either the lucky 7 ticket front or back.
(d) Seal cards shall contain the following
information on the seal card front only:
(1) The name, serial number and game form number
of the lucky 7 ticket;
(2) The name or logo of the manufacturer;
(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 how the seal card
player(s) can win the seal card prize(s), unless a separate information sheet
is enclosed with the game that contains the instructions;
(5) Except for the jackpot for rolling jackpot
bonus games, a depiction of every prize value that can be won on the seal card;
(6) Individual lines large enough for each
selected players’ name, phone number, or both, for games that require such
information;
(7) Except for the jackpot for rolling jackpot
bonus games, the total seal card prize value that can be won by a single
player; and
(8) For rolling jackpot bonus games, a clearly
defined area whereby a bingo operator can write in the value of that seal card’s
rolling jackpot.
(e) If a seal card includes game information
visible only after a seal card window is opened, then an information sheet that
contains at a minimum that same game information as is printed under the seal
card window shall be included with the seal card.
Source. #8803, eff 1-20-07 (See Revision Note at
chapter heading for Pari 1100)
Pari 1112.06 Lucky 7 Ticket Approval
(a) The distributor or manufacturer shall submit
lucky 7 tickets for commission approval.
(b) The distributor or manufacturer shall submit
a request for lucky 7 ticket approval in writing to the commission.
(c) The commission shall approve a request
pursuant to (b) above if:
(1) The name, serial number and game form number
of the lucky 7 ticket is 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) 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;
(6) The overall odds of winning a prize on a
ticket are clearly defined;
(7) The ticket manufacturer's name is listed on
the request letter;
(8) A prize structure is clearly defined that
denotes the number of wins per deal for each prize level, including the seal
card if applicable;
(9) A graphic representation of the ticket front
is provided;
(10) A graphic representation of the ticket back,
closed and opened, is provided;
(11) A graphic representation of a seal card
front, closed and opened, is provided;
(12) A graphic representation of all game play
symbols is provided;
(13) A graphic representation of a single winning
ticket is provided;
(14) A graphic representation of a multiple
winning ticket, if applicable, is provided;
(15) The tickets and seal card (s) conform with the
requirements of Pari 1112.05;
(16) Instructions that describe how the seal card
player(s) is/are selected is provided if those instructions are not included on
the seal card; and
(17) Instructions that describe how the seal card
player(s) can win the seal card prize, if those instructions are not included
on the seal card, are provided.
(d) Lucky 7 tickets may be dispensed from a
machine that the commission has determined meets the requirements of (e) below.
(e) A manufacturer or distributor requesting
approval of a lucky 7 ticket dispensing machine shall demonstrate to the
commission that the machine:
(1) Possesses the ability to retain accounting
information in the event of a power failure;
(2) Has the ability to accept $1, $5, $10 and $20
bills;
(3) Has individual programmable ticket values;
(4) Contains a tamper-proof money receptacle; and
(5) Dispenses a paper ticket.
(f) The manufacturer or distributor shall notify the
commission in writing within 15 days if an approved lucky 7 ticket dispensing
machine is replaced or if a new lucky 7 ticket dispensing machine is purchased
and installed by a charitable organization.
(g) Only cash prizes shall be awarded to lucky 7 ticket
winners and lucky 7 seal card winners.
(h) 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)
PART Pari 1113 LUCKY 7 FEES
Pari 1113.01 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.
(b) A licensed charitable organization shall pay
all deal fees to a licensed distributor as specified in RSA 287-E:23-a.
(c) 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)
PART Pari 1114 REVOCATION OF A LUCKY 7 LICENSE
Pari 1114.01 Revocation of a Lucky 7 License.
(a) Pursuant to RSA 287-E:25, the commission
shall immediately revoke a lucky 7 license issued pursuant to this chapter if a
charitable organization, distributor or manufacturer fails to comply with any
requirement specified in this chapter or in RSA 287-E.
(b) If the commission revokes a license issued
pursuant to this chapter, the commission shall provide written notice to the
charitable organization, distributor or manufacturer specifying:
(1) The reason for revocation; and
(2) The date that the revocation will be final
unless a hearing is requested pursuant to (c) below.
(c) Pursuant to RSA 287-E:26, the licensee shall
have 15 days from the date of the notice pursuant to (b)(2) above to request a
hearing pursuant to Pari 200.
(d) Pursuant to RSA 287-E:25, a licensee whose
license is revoked by the commission shall not be eligible for licensure for
one year from the date specified in (b)(2) above.
Source. #8803, eff 1-20-07 (See Revision Note at
chapter heading for Pari 1100)
Appendix
|
Rule |
|
|
|
|
|
Pari 1101 |
RSA 287-E:18, V |
|
Pari 1102 |
RSA 287-E: 18, V |
|
Pari 1103 |
RSA 287-E:18, I; RSA
287-E:19, I; RSA 287-E:20 |
|
Pari 1104 |
RSA 287-E:18, II; RSA
287-E:19, I; RSA 287-E:20 |
|
Pari 1105 |
RSA 287-E:18, II; RSA
287-E:20 |
|
Pari 1106 |
RSA 287-E:18, II; RSA
287-E:19, I; RSA 287-E:20 |
|
Pari 1107 |
RSA 287-E:3, XII and XIV |
|
Pari 1108 |
RSA 287-E:18, V |
|
Pari 1109 |
RSA 287-E:18, III; RSA
287-E:21 |
|
Pari 1110 |
RSA 287-E:18, V; RSA 287-E:24 |
|
Pari 1111 |
RSA 287-E:18, V; RSA
287-E:24 |
|
Pari 1111.01 |
RSA 287-E:18, V; RSA
287-E:24 |
|
Pari 1112 |
RSA 287-E:18, IV; RSA
287-E:23 |
|
Pari 1113 |
RSA 287-E:3, III; RSA
287-E:22 |
|
Pari 1114 |
RSA 287-E:3, III; RSA
287-E:25 |