CHAPTER Pari 1000 BINGO GAMES
Statutory Authority: RSA
287-E:3
REVISION NOTE:
Pursuant to 2004, 257:16, effective 1-1-05, rules in Part
Sw 2001 entitled “Bingo Games” were transferred to the Pari-Mutuel Commission
from the Lottery Commission. Part Sw
2001 had last been filed by the Sweepstakes Commission under Document #8000,
effective 12-12-03. The Sweepstakes
Commission was renamed the Lottery Commission pursuant to 2004, 97:1-9,
effective 7-10-04.
The Pari-Mutuel Commission subsequently filed Document
#8802, effective 1-20-07, which readopted with amendments and renumbered the
former Part Sw 2001 as Chapter Pari 1000.
The rules in Document #8802 therefore replaced all prior filings for
rules in the former Part Sw 2001. The
filings of the Sweepstakes Commission affecting the former Part Sw 2001 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
#6607, eff 10-22-97
#6608, eff 10-22-97
#7166, eff 12-21-99
#7308, eff 6-13-00
#7869, eff 4-11-03
#8000, eff 12-12-03
Pari
1001.01 Purpose. The purpose of this chapter is to establish
requirements for bingo games pursuant to RSA 287-E:1 through RSA 287-E:15.
Source. #8802, eff 1-20-07 (See Revision Note at
chapter heading for Pari 1000)
Pari
1001.02 Scope.
(a) Except as provided in (b) below, this chapter
shall apply to:
(1) Bingo games held by:
a. Charitable organizations;
b. Agricultural fairs; and
c. Private campgrounds and hotels;
(2) Distributors and manufacturers of bingo
supplies and equipment and lucky 7 machines; and
(3) Commercial halls where bingo games are held.
(b) Pursuant to RSA 287-E:11, this chapter shall
not apply to bingo games held by a senior citizens’ organization.
Source. #8802, eff 1-20-07 (See Revision Note at
chapter heading for Pari 1000)
PART Pari 1002 BINGO DEFINITIONS
Pari 1002.01 “Auxiliary” means a group of people
functioning in a subsidiary capacity to assist the primary charitable
organization.
Source. #8802, eff 1-20-07 (See Revision Note at
chapter heading for Pari 1000)
Pari 1002.02 “Bingo brain” means an electronic device into
which all card or strip numbers are entered and which automatically tracks
announced numbers and scans the cards or strips to see if the player has the
number, allowing the simultaneous play of a large number of cards or strips.
Source. #8802, eff 1-20-07 (See Revision Note at
chapter heading for Pari 1000)
Pari 1002.03 “Card” means a game
piece containing the word “bingo” and 24, randomly numbered 1 through 75,
spaces and one free space.
Source. #8802, eff 1-20-07 (See Revision Note at
chapter heading for Pari 1000)
Pari 1002.04 “Carryover coverall
game” means a type of winner-take-all cover-all game pursuant to RSA 287-E:7,
XVI in which any prize money, not won, is rolled from one game day to another.
Source. #8802, eff 1-20-07 (See Revision Note at
chapter heading for Pari 1000)
Pari 1002.05 “Commercial hall” means any hall owned or
leased by an individual, corporation, realty trust, partnership, association or any other party, who rents or leases
to a charitable organization, for the operation of bingo games excluding halls
owned by any charitable organization or governmental subdivision as specified
in RSA 287-E:5, VI.
Source. #8802, eff 1-20-07 (See Revision Note at
chapter heading for Pari 1000)
Pari 1002.06 “Free
play” means any card or strip for a bingo game, other than a winner take all or
carry over coverall, offered by
coupon or any other means during a licensed game date which only certain
persons are awarded for no cost or for a cost less than that listed on the game
schedule for the card or strip if that person meets the criteria specified in
Pari 1008.01(c)(15).
Source. #8802, eff 1-20-07 (See Revision Note at
chapter heading for Pari 1000)
Pari 1002.07 “Game date” means a
series of games played on a specified date.
Source. #8802, eff 1-20-07 (See Revision Note at
chapter heading for Pari 1000)
Pari 1002.08 “Game day” means
regularly scheduled games played on the same day of each successive week.
Source. #8802, eff 1-20-07 (See Revision Note at chapter
heading for Pari 1000)
Pari 1002.09 “Game schedule”
means a written description indicating the type(s) of game(s) to be played, the
name of the game(s), all prizes to be offered and such other information as
specified in Pari 1011.01.
Pari 1002.10 “House rules” means instructions describing
how bingo games are conducted, played and won adopted by a charitable
organization pursuant to Pari 1008.
Source. #8802, eff 1-20-07 (See Revision Note at
chapter heading for Pari 1000)
Pari 1002.11 “Initial
application” means:
(a) The
first time that a charitable organization submits a bingo license application
to the commission;
(b) A bingo license application from a charitable
organization whose previous license has been expired for more than 30 days; or
(c) A bingo
license application from a charitable organization one year or more after the
organization’s bingo license was revoked pursuant to Pari 1019.02.
Source. #8802, eff 1-20-07 (See Revision Note at
chapter heading for Pari 1000)
Pari 1002.12 “Lighted game board” means
a large lighted board displaying the numbers 1 through 75 which light up as
the numbered balls are announced and placed in a rack.
Source. #8802, eff 1-20-07 (See Revision Note at
chapter heading for Pari 1000)
Pari 1002.13 “Mixing machine”
means a machine containing 75 numbered balls and a blower attachment blowing
air on the balls to mix them up and randomly force one ball at a time up a
chute to be drawn.
Source. #8802, eff 1-20-07 (See Revision Note at
chapter heading for Pari 1000)
Pari 1002.14 “Renewal
application” means an application by a charitable organization which is not an
initial application.
Source. #8802, eff 1-20-07 (See Revision Note at
chapter heading for Pari 1000)
Pari 1002.15 “Strip” means a
paper sheet containing 3 or more bingo squares which is of a predetermined
color used to distinguish bingo games.
Source. #8802, eff 1-20-07 (See Revision Note at
chapter heading for Pari 1000)
Pari 1002.16 “Winner-take-all
game” means a game, pursuant to RSA 287-E:7, XIII, in which all money received
for the game is awarded, less the 7 percent (%) tax and 7% game reimbursement
fee specified in RSA 287-E:7, XIII, to the winner of the game.
Source. #8802, eff 1-20-07 (See Revision Note at
chapter heading for Pari 1000)
Pari 1002.17 “Wholesale cost”
means the value paid by the charitable organization for a prize.
Source. #8802, eff 1-20-07 (See Revision Note at
chapter heading for Pari 1000)
PART Pari 1003 APPLICATION PROCEDURES FOR A BINGO LICENSE
FOR A CHARITABLE ORGANIZATION
Pari 1003.01 Application Procedures for a Bingo License
for a Charitable Organization.
(a) Prior to holding a bingo
game, a charitable organization shall:
(1) Apply to
the commission for a bingo
license; and
(2) Be issued a bingo license by the commission.
(b) Each applicant for a bingo license shall submit
the following to the commission:
(1) A fully executed application form as required by either Pari
1004.01 or Pari 1006.01, as applicable;
(2) The
supporting documentation specified in either Pari 1004.02 or Pari 1006.02, as
applicable;
(3) A completed bingo/lucky 7 data verification form as
required by Pari 1005.01, as applicable; and
(4) A fee
for each bingo game date as specified in RSA 287-E:4, I.
(c) If the commission, for the purpose of determining
the applicant’s qualifications for licensure, determines that any
information or documents specified in (b) above were not
submitted or fully completed by the applicant, the commission shall:
(1) Notify
the applicant in writing 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 1004 or Pari 1006, as applicable;
(3) Complied
with the requirements in Pari 1005; and
(4) Met the
qualifications for licensure as specified in RSA 287-E:5 and RSA 287-E:6.
(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 1004 or Pari 1006, as applicable;
(3) Not
complied with the requirements in Pari 1005; or
(4) Not met
the qualifications for licensure specified in RSA 287-E:5 and RSA 287-E:6.
(h) If the commission denies an application:
(1) The
commission’s written notification pursuant to (e) above shall specify the
reason(s) for denial; and
(2) Pursuant
to RSA 287-E:4, II, the application fee specified in (b)(4) shall be refunded
to the applicant.
(i) The
applicant may request a hearing to appeal the denial as specified in RSA
287-E:15.
(j) If an
applicant requests a hearing pursuant to (i) above and the denial is
overturned, the applicant shall resubmit the application fee specified in
(b)(4) to the commission before the commission will issue a license.
Source. #8802, eff 1-20-07 (See Revision Note at
chapter heading for Pari 1000)
Pari
1003.02 Expiration of a Bingo License
for a Charitable Organization.
(a) A bingo
license for a charitable organization issued pursuant to this chapter shall
expire on the last game date authorized in the license as specified in RSA
287-E:6, I(a) but not later than the last day of the month for which the
license was issued.
(b) A charitable organization shall not hold any bingo games if
their license has:
(1) Expired
as specified in (a) above;
(2) Been
suspended pursuant to Pari 1019.01;
(3) Been
revoked pursuant to Pari 1019.02; or
(4) Been
denied pursuant to Pari 1003.01(g).
Source. #8802, eff 1-20-07 (See Revision Note at
chapter heading for Pari 1000)
PART Pari 1004
INITIAL APPLICATION FOR A BINGO LICENSE FOR A CHARITABLE ORGANIZATION
Pari 1004.01 Initial Application for a Bingo License
for a Charitable Organization.
(a) A charitable organization shall submit to the
commission, as specified in RSA 287-E:5, IV, a fully completed “Initial
Application for a Bingo License” form, provided by the commission, which:
(1) 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) 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
(3) Is received by the commission at least 15 days prior
to the first game date of the month 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 application and in any supporting materials is
accurate, only bona fide members of the charitable organization will operate
bingo games, neither the applicant nor any member of the charitable
organization operating the bingo games has been convicted of a felony within
the previous 10 years which has not been annulled by a court, a misdemeanor
involving falsehood or dishonesty within the previous 5 years which has not
been annulled by a court or has violated the statutes or rules governing
charitable gambling and that the applicant and any member of the organization
participating in the operation of bingo games are aware of all statutes and
rules applicable to the operation of bingo games.”
(c) If at any time an initial bingo application
is pending, or at any time an initial 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 discovered to no
longer be 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 bingo application
is pending, or at any time an initial bingo license is in effect, any of the
information provided on or with an initial bingo application under this section
changes, or becomes or is discovered to no
longer be 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 suspend or revoke a
license, as specified in Pari 1019, if the charitable organization fails to
maintain a tax-exempt status or any
other qualification of licensure.
Source. #8802, eff 1-20-07 (See Revision Note at
chapter heading for Pari 1000)
Pari
1004.02 Supporting Documentation for
Initial Application for a Bingo License for a Charitable Organization.
(a) An applicant shall provide the following supporting documents with the initial
application for a bingo license for a charitable organization:
(1) Pursuant
to RSA 287-E:5, I, 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 (b) below;
(2) 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.2. 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;
(3) Documentation that the city or town in which
the charitable organization seeks to hold its bingo game(s) 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;
(4) 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;
(5) A certificate from the New Hampshire
secretary of state, or a copy thereof,
stating that the charitable organization is currently in good standing;
(6) 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;
(7) 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 format described in (c) below;
(8) A copy of the charitable organization’s
current articles of incorporation;
(9) A copy of the bylaws of the charitable
organization;
(10) A copy of the charitable organization’s
current membership list;
(11) 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;
(12) A copy of the current lease agreement as
specified in Pari 1017.07 between the charitable organization and the
commercial hall in which games
will be held, if any;
(13) A letter of intent in the format described in
(d) below;
(14) A fully executed bingo/lucky 7 data
verification form containing the information specified in Pari 1005.01;
(15) A game schedule as specified in Pari 1011;
and
(16) A copy of the charitable organization’s house
rules as specified in Pari 1008.
(b) The documentation required under (a)(1) above
shall consist of a letter from the secretary of the charitable organization, on
the letterhead of the charitable organization:
(1) Stating 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 bingo 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 bingo application forms and supporting materials on behalf of
the organization.
(c) The documentation
required under (a)(7) 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 (c)(1)a.
above are furthered by activities conducted in the town or city in which the
organization is organized;
(2) 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.
(d) The letter of intent noted in (a)(13) 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.
Source. #8802, eff 1-20-07 (See Revision Note at
chapter heading for Pari 1000)
PART
1005 BINGO/LUCKY 7 DATA VERIFICATION
FORM
Pari 1005.01 Bingo/Lucky 7 Data Verification Form.
(a) An applicant for a bingo license shall submit
a “Bingo/Lucky 7 Data Verification Form” provided by the commission as an attachment to their initial license application as required by Pari 1004.02(a)(14).
(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. #8802, eff 1-20-07 (See Revision Note at
chapter heading for Pari 1000)
PART
Pari 1006 RENEWAL APPLICATION FOR A
BINGO LICENSE FOR A CHARITABLE ORGANIZATION
Pari
1006.01 Renewal Application for a Bingo License for a
Charitable Organization.
(a) A charitable organization
shall submit to the commission, as specified in RSA 287-E:5, IV, a fully completed “Renewal Application for a Bingo License” form, provided by the
commission, which:
(1) Relates
only to activities which will take place in a monthly period beginning on the
first day of an upcoming month and ending on the last day of the same month;
(2) 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
(3) Is received at the commission at least 15
days prior to the first game date of the month 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 application and in any supporting materials is
accurate, only bona fide members of the charitable organization will operate
bingo games, neither the applicant nor any member of the charitable
organization operating the bingo games has been convicted of a felony within
the previous 10 years which has not been annulled by a court, a misdemeanor
involving falsehood or dishonesty within the previous 5 years which has not
been annulled by a court or has violated the statutes or rules governing
charitable gambling and that the applicant and any member of the organization
participating in the operation of bingo games are aware of all statutes and rules
applicable to the operation of bingo games.”
(c) If at any time a renewal bingo application is
pending, or at any time a bingo 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 discovered to no longer be 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 bingo application is
pending, or at any time a bingo license is in effect, any of the information
provided on or with an initial bingo application under this section changes, or
becomes or is discovered to no longer be 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.
(e) 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.
(f) The commission shall suspend or revoke a bingo
license renewal, as specified in Pari 1019, if the charitable organization fails to maintain a tax-exempt status or any
other qualification of licensure.
Source. #8802, eff 1-20-07 (See Revision Note at
chapter heading for Pari 1000)
Pari
1006.02 Supporting Documentation for
a Renewal Application for a Bingo License for a Charitable Organization. The applicant shall submit to the commission
the following supporting documentation with any renewal application(s) for a
bingo license for
a charitable organization:
(a) If not previously
submitted, a complete membership list for the charitable organization;
(b) If the charitable organization conducted bingo in any month prior to the
month for which the application is requested, any original, signed bingo
financial report, as required by Pari
1014.01, for any month which has not previously been submitted and which is due
or overdue;
(c) If the charitable organization conducted bingo in any month prior to the
month for which the application is requested, any 7% winner-take-all bingo
taxes under RSA 287-E:8 for any month which has not previously been submitted and which is due or overdue;
(d) If at the time of the filing of the renewal
the bingo/lucky 7 data verification form previously filed is no longer accurate or complete, a fully executed bingo/lucky 7 data
verification form containing the information specified in Pari 1005.01;
(e) 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
(f) If any of the supporting documentation
previously submitted pursuant to Pari 1004.02 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. #8802, eff 1-20-07 (See Revision Note at
chapter heading for Pari 1000); amd by #8979, eff 9-19-07
PART Pari 1007 DISPLAY OF BINGO LICENSES AND HOUSE RULES
Pari
1007.01 Display
of Bingo Licenses and House
Rules.
(a) A bingo licensee shall prominently display
their bingo license in the public area where bingo games are conducted.
(b) A bingo licensee shall post at least 2 copies
of RSA 287-E, this chapter and any house rules as required by Pari 1008.01 with the license.
(c) A bingo 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. #8802, eff 1-20-07 (See Revision Note at
chapter heading for Pari 1000); amd by #9412, eff 3-12-09
PART Pari 1008 BINGO HOUSE RULES
Pari
1008.01
Bingo House Rules.
(a) A bingo licensee shall not adopt or use any house rule that
violates RSA 287-E or this chapter.
(b) A bingo licensee shall publicly announce all
house rules prior to the start of the first game of each bingo game date.
(c) A bingo licensee shall adopt and follow house rules that address at least the
following:
(1) What constitutes a bingo and whether or not
the last number called need be involved;
(2) The responsibility
of the bingo player to make it known to the game officials that the player has
a bingo;
(3) Reserved
seats;
(4)
(5) Availability,
use and sale of special cards for the blind or handicapped;
(6) Card exchange,
if allowed;
(7) If the charity uses a mixing machine, whether or not the mixing machine
will be shut off before a bingo has been verified or during a progressive bonus
game;
(8) The time
of final sales;
(9) Whether or not regular card purchase is
necessary to play the winner-take-all game;
(10) When a ball is an official ball;
(11) Smoking/non-smoking
policy which shall comply with RSA 155:66 through RSA 155:70;
(12) Use of a bingo brain or device that allows a
player to play several cards at the same time;
(13) The carryover
coverall consolation prizes and the manner in which they will be awarded;
(14) The effective
date of the house rules;
(15) The criteria for awarding the free plays;
(16) The name
of a member of the charitable organization to be contacted by a player with
comments, concerns or questions; and
(17) That
the bingo game will be conducted in accordance with RSA 287-E and this chapter.
Source. #8802, eff 1-20-07 (See Revision Note at
chapter heading for Pari 1000); amd by #9412, eff 3-12-09
PART Pari 1009 BINGO GAME DESIGN PATTERNS
Pari
1009.01 Bingo Game Design Patterns.
(a) As specified in this section, the commission
shall approve bingo game design
patterns to assure compliance with existing law prior to the games being
played.
(b)
Bingo game
design patterns approved for one
charitable organization may be used by any other charitable organization
without additional authorization.
(c) A charitable organization shall submit a written
request to the commission for approval of a bingo game design pattern that has not previously been approved by the
commission:
(1) Containing a written description of the proposed game; and
(2) Including a sample
of the proposed game design pattern.
(d) The charitable organization requesting approval of the game design pattern shall be
notified by mail within 15 days from the date the request is received by the
commission whether or not the game design has been approved.
(e) The commission
shall approve a games
design pattern if:
(1) The game
can be understood by the player;
(2) The
odds of winning are not
weighted against the player;
(3) The
cumulative prize value does not exceed the limit specified in RSA 287-E:7, XI,
except for winner-take-all or carryover coverall games; and
(4) The game otherwise meets the requirements of
RSA 287-E and this chapter.
Source. #8802, eff 1-20-07 (See Revision Note at
chapter heading for Pari 1000); amd by #8979, eff 9-19-07
PART Pari 1010 OPERATION OF BINGO GAMES
Pari
1010.01 Operations of the Bingo Game.
(a) Pursuant to RSA 287-E:7, VIII, the price of a
single bingo card, whether sold individually or as part of a strip or package,
shall not exceed $1 per card per game date.
Individual games which offer a multiple prize payout, based on prizes
normally offered, shall also not
exceed $1 per card per game
date.
(b) Unless waived as specified in (c) and (d) below, the charitable organizations
shall use:
(1) A lighted game board; and
(2) A mixing machine.
(c)
A charitable organization shall submit a
written waiver request to the commission:
(1) Stating the amount of time that the charitable organization has conducted
bingo games; or
(2) Documenting
through financial statements that the rental or purchase price of the equipment
would exceed a good faith
estimate of net revenue during the license period.
(d) The commission shall approve a request for a
waiver of the utilization of a lighted game board
or of a mixing machine under (c) above
if the commission determines that:
(1)
The charitable organization has conducted bingo
games for a period of less than 2 years; or
(2) The rental or purchase price of the equipment
exceeds a good faith estimate of
net revenue during the license period.
(e) The caller or operator drawing the bingo balls shall:
(1) Draw one ball at
a time;
(2) Have no discretion over which ball is drawn;
(3) Announce the
number drawn simultaneously to all players; and
(4) After each ball is drawn, display the ball
prior to putting it in the lighted game board unless the requirement of a lighted game board is waived as
specified in (c) and (d) above.
(f) Prior to the first game of each bingo game date, the
caller or operator shall for each bingo game that uses a lighted game board and
mixing machine announce that all of the balls are in the rack and are available
for inspection by anyone who wishes to inspect the system.
(g) Pursuant to RSA 287-E:7, IX, the charitable
organization shall not charge a fee for admission to bingo games.
(h) The charitable organization shall allow anyone
to purchase a minimum of one card, strip or package depending on what is being
sold at a particular bingo game and shall not charge anyone more than the
maximum price as specified in (a) above.
(i) The charitable organization may offer prizes
including door prizes, tokens or awards,
but the amount, as specified in (l) below, of those prizes, tokens or awards
shall be calculated as part of the daily prize limit specified in RSA 287-E:7,
XI.
(j) The value of free plays awarded shall not be
included as part of the daily prize limit specified in RSA 287-E:7, XI.
(k)
Notwithstanding (j) above, the charitable organization shall specify for
each type of free play awarded on the monthly financial report pursuant to Pari
1014 the:
(1) Number of free plays awarded; and
(2) The total value of the
free plays awarded calculated by multiplying the number awarded by the amount
for the card, strip or package specified on the game schedule;
(l) The charitable organization shall include the
wholesale cost of any door prize, token or award in the daily prize limit.
(m) The
charitable organization shall not offer any individual door prize at any
licensed bingo game date with a total value that exceeds $500.00.
(n) Individual door prize values shall not be pro-rated
over multiple game dates to meet the $500 limit specified in (k) above.
(o) The charitable organization shall not charge
for any door prize ticket.
(p) Each person working at a bingo game shall wear an identification
badge that shall bear the worker's name and the name of the charitable
organization of which that person is a member.
(q) As soon as the charitable organization officially
opens the doors to the players or begins the sale of bingo cards, the
charitable organization pursuant to RSA 287-E:7, III, shall not allow any
person under 18 years of age on the premises where a bingo game is being
conducted.
(r) All strips
shall contain a sequential serial number.
(s) Hall managers,
operators or owners shall keep all bingo related equipment, including but not limited to the mixing
machine, ball rack and lighted game board, in proper, functional working
order.
(t) The charitable organization shall
announce the total attendance and total
amount of money collected in sales relating to any winner-take-all game prior
to the start of any winner-take-all game.
(u) Pursuant to RSA
287-E:8-a, the charitable organization shall purchase, lease or rent all bingo
paper supplies, electronic bingo player equipment and lucky 7 vending machines
from a distributor and manufacturer licensed as specified in Pari 1018.
(v) RSA 287-E:7, III, shall apply to the specific area of a premises where
a bingo game is actually being conducted.
(w) One person shall not serve as both the
charitable organization’s treasurer and chairperson.
Source. #8802, eff 1-20-07 (See Revision Note at
chapter heading for Pari 1000); amd by #8979, eff 9-19-07
Pari 1010.02 Operations
of a Carryover Coverall Game.
(a) The carryover
coverall bingo game prize money shall be rolled over to a successive game day
in the event there is no winner on the original or preceding game day.
(b) The carryover coverall bingo game prize
money shall accumulate until there is a winner.
(c) If there is no winner on a given
game day, a pre-designated consolation prize amount shall be awarded to the
game winner who first achieves coverall.
(d) No bonus prize shall be included in
the carryover coverall bingo game prize payout.
(e) Other bingo game
configurations may be played concurrently with the coverall bingo game.
(f) The carryover coverall bingo game shall
be a winner-take-all game.
(g) The carryover coverall bingo prize shall:
(1) Be organization specific; and
(2) Not be transferable between charitable
organizations playing within a given hall.
(h) As specified in
Pari 1013.02(a)(2), the charitable organization shall maintain a separate bank
account at a financial institution with at least one office in
(i) Withdrawals from the carryover coverall
account shall require the signature of both the charitable organization’s
treasurer and chairperson.
(j) Prior to
completion of the last game day played by a charitable organization at a given
location, the entire accumulated carryover coverall jackpot shall be
awarded unless the commission waives that requirement for good cause shown as
specified in (k) and (l) below.
(k) As specified in (j) above, the
charitable organization shall submit a written waiver request specifying:
(1) The reason that the carryover coverall jackpot
was not awarded on the last game day played at a given location; and
(2) The alternate method to be used to award the
carryover coverall jackpot including the date and location.
(l) The commission shall approve a request
for a waiver under (k) above if the commission determines that:
(1) The reason that the carryover coverall jackpot was
not awarded on the last game day played at a given location was:
a. Due to an event beyond the control of the
charitable organization;
b. In the best interests of the public; or
c. In the best interests of the charitable
organization; and
(2) The carryover coverall jackpot will not be retained by the charitable
organization and will be awarded at a licensed bingo game within 30 days of the
date the jackpot was supposed to be awarded.
Source. #8802, eff 1-20-07 (See Revision Note at
chapter heading for Pari 1000)
PART Pari 1011
GAME SCHEDULES
Pari 1011.01 Game
Schedules.
(a) A charitable organization shall not play any bingo game unless the game has
been identified on a game schedule approved by the commission pursuant to this
section.
(b)
Each charitable
organization seeking to hold a bingo
game(s) shall prepare a written game schedule request containing the
information specified in (c) below.
(c) A charitable organization shall submit a
written request to the commission for a game schedules approval that:
(1) Identifies the date upon which the charitable
organization submitting the request proposes that the game(s) described will
first be played; and
(2) Includes a proposed game schedule that
states:
a. The name of the licensee or applicant for licensure that will be sponsoring the game(s);
b. The location
and time of the proposed game(s);
c. The day of the week on which game(s) will be
held, or if the request relates to a game that will be played on only one date,
the date and day of the week that the game(s) will be played;
d. The estimated
number of players attending;
e. The prices
for each strip, card or package to
be sold;
f. Specific details about the number and price
for each strip or card included in each package and the amount for each item in
the package;
g. The fee charged for using a bingo brain;
h. All of the prizes, tokens or awards,
including door prizes, offered; and
i. Whether
prizes are subject to increase or decrease based on actual attendance.
(d) The charitable organization shall submit a
game schedule request for any game(s)
or type of game(s) to the commission
at least 30 days before the first game
date identified in the game schedule request submitted to the commission.
(e) If,
after filing a game schedule request with the commission, a charitable
organization wishes to alter the schedule in any manner, the charitable
organization shall file a revised game schedule request in accordance with (g)
below that addresses the game(s) to be added or altered.
(f) A charitable organization shall submit a written request to the commission for
a revised game schedule approval that:
(1) Identifies the date upon which the charitable
organization submitting the request proposes that the game(s) described will
first be played; and
(2) Includes a proposed game schedule that states
the information specified in (c)(2) above.
(g) The charitable organization shall submit the revised
game schedule request for any game(s)
or type of game(s) to the commission at least 30 days before the first game date identified in the game
schedule request submitted to the commission.
(h) The commission
shall approve a game schedule or revised game schedule request if the game(s)
contained in the request complies(y) with the standards for games set forth in
RSA 287-E and this chapter.
(i) A
game schedule or revised game schedule approved under (h) above shall be posted
in plain view for public inspection in the place where the game(s) will be
played.
(j) The criteria for
awarding each type of free play shall be submitted to the commission prior to
offering the free play.
Source. #8802, eff 1-20-07 (See Revision Note at
chapter heading for Pari 1000); amd by #9412, eff 3-12-09
PART Pari 1012
BINGO TAX AND REIMBURSEMENT FEE
Pari
1012.01
Bingo Tax and Reimbursement
Fee.
(a) Except for bingo games licensed under RSA
287-E:10 through RSA 287-E:13, a charitable organization shall deduct and
submit to the commission a 7% tax, pursuant to RSA 287-E:8, from all
winner-take-all games, including carryover coverall games, which tax shall be taken only from
the total amount collected from all of the participants of such games.
(b) All charitable organizations shall deduct and
submit to the commission a 7% tax for all bonus games pursuant to RSA 287-E:7,
XV based on the total amount contributed by the charitable organization.
(c) The winner-take-all games and the bonus games shall
be any games played pursuant to RSA 287-E:7, XIII and XV, respectively, by
whatever names they are called.
(d) Pursuant to RSA 287-E:7, XIII (e), a
reimbursement fee equal to 7% of the total amount collected from participants
in any winner-take-all game, including any carryover coverall game, shall be paid to the charitable organization operating the game.
(e) The charitable organization shall disburse all the
monies received in winner-take-all
games, except for the 7% tax and
the 7% reimbursement fee as specified in (a) and (d) above.
(f) The charitable organization shall disburse all the monies
received in bonus games to the
winners, except for the 7% tax as specified in (b) above.
(g) The charitable organization shall not deduct
any monies other than the tax and, if
applicable, the fee described in (d) above, from winner-take-all and bonus game prize pools for any other purpose
whatsoever.
(h) The charitable organization shall issue a
separate check for each winner-take-all and bonus prize.
(i) Charitable organizations that include winner-take-all
strips as part of a package sold for a single price shall not discount the
value of the winner-take-all strips when figuring the amount to be assessed for
total sales, tax and payout.
(j) The value of any winner-take-all strips sold
in packages sold for use with the bingo brain shall be recorded at the same
dollar amount as those sold for use without a bingo brain.
(k) The charitable organization shall submit the
7% tax as specified in (a) and (b) above to the commission as part of the monthly
financial report pursuant to Pari 1014.01.
Source. #8802, eff 1-20-07 (See Revision Note at
chapter heading for Pari 1000)
PART Pari 1013 BINGO INSPECTION PROCEDURES AND FINANCIAL
REQUIREMENTS
Pari
1013.01 Bingo Inspection Procedures.
(a) A charitable organization shall:
(1) Maintain all books of account, records and
supporting documentation of sufficient detail to enable preparation of the
monthly financial reports as required by Pari 1014.01 as submitted to the commission;
and
(2) Have all accounts, records and supporting
documentation available for inspection by the commission.
(b) A charitable organization shall have proof of
all revenues and expenditures related to the operation of bingo games available
for review by the commission.
(c) The charitable
organization shall:
(1) Keep checking account records for the
accounts specified in Pari 1013.02(a) below on the premises where the game is
held; and
(2) Have all of the records specified in (c)(1)
above open and accessible for inspection by the commission.
(d) The charitable
organization shall allow an employee or authorized representative of the
commission to enter and inspect any facility where bingo games are held for purposes
of determining compliance with RSA 287-E and this chapter.
Source. #8802, eff 1-20-07 (See Revision Note at
chapter heading for Pari 1000)
Pari 1013.02 Bingo
Financial Requirements.
(a) The charitable organization shall have the
following separate checking accounts at a financial institution with at least
one office in
(1) A checking account solely for depositing
bingo and lucky 7 revenue; and
(2) A checking account solely for depositing
carryover coverall revenue.
(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)(1) above; and
(2) Except as provided in (g) below, transfer or
deposit any funds, other than bingo or lucky 7 revenues, into the account
specified in (a)(1) above.
(c) The charitable organization shall only
withdraw funds from the accounts specified in (a) above by preprinted, consecutively
numbered check.
(d) The charitable organization shall only use
the funds in the account specified in (a)(1) above for:
(1) Expenditures related to bingo or lucky 7; or
(2) Disbursement of bingo or lucky 7 proceeds for
a charitable purpose.
(e) 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.
(f) Pursuant to RSA
287-E:9, IV, the charitable organization shall pay all expenses and prizes of
$500 or more by preprinted, consecutively numbered check from the account
specified in (a)(1) above.
(g) The charitable
organization shall transfer the 7% reimbursement fee specified in Pari
1012.01(d) from the account specified in (a)(2) above to the account specified
in (a)(1) above.
Source. #8802, eff 1-20-07 (See Revision Note at
chapter heading for Pari 1000)
PART Pari 1014 MONTHLY FINANCIAL REPORT
Pari 1014.01 Monthly Financial Report
(a) The charitable
organization shall submit to the commission within 15 days of the last game
date of the month a monthly financial report containing the following forms
provided by the commission:
(1) Bingo
Worksheet; and
(2) Carryover Coverall
Worksheet.
(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
following:
(1) B-39;
(2) Bingo Monthly Financial Report;
and
(3) Carryover Coverall Monthly Financial Report.
Source. #8802, eff 1-20-07 (See Revision Note at
chapter heading for Pari 1000); ss by #8979, eff 9-19-07
PART Pari 1015 AUXILIARIES
Pari 1015.01 Auxiliaries. Auxiliaries may assist the primary charity in
the operation of a bingo game if all of the following are true:
(a) The auxiliary has been in existence for 2
years;
(b) The auxiliary was not formed for the primary
purpose of operating bingo games; and
(c) The auxiliary does not hold a bingo license
in its own name.
Source. #8802, eff 1-20-07 (See Revision Note at
chapter heading for Pari 1000)
PART Pari 1016 PRIVATE CAMPGROUND, HOTEL AND AGRICULTURAL
FAIR LICENSES
Pari
1016.01 Private Campground and Hotel Licenses.
(a) Prior to holding a
bingo game, a private campground or hotel shall apply to the commission for a
license to conduct bingo games on an “Application for Special Bingo
License” form as required by in Pari 1016.05.
(b) A private campground or hotel holding bingo
games shall comply with all requirements specified in RSA 287-E:10.
(c) All private campground and hotel licenses
shall be effective on May 1 and expire on the following April 30 annually.
(d) If a private campground or hotel fails to
submit the required monthly bingo financial reports as required by Pari
1014.01 for any period within 15 days of the private campground or hotel
license expiration, the commission shall deny any future license until all of
the required financial reports have been submitted.
(e) All other provisions of this chapter shall also apply to bingo
games conducted at private campgrounds or hotels unless specifically excluded.
Source. #8802, eff 1-20-07 (See Revision Note at
chapter heading for Pari 1000)
Pari
1016.02
Agricultural Fair Licenses.
(a) Prior to holding a bingo game, an
agricultural fair shall apply to the commission for a license to conduct bingo
games on an “Application for Special Bingo License” form as required by in
Pari 1016.05.
(b) An agricultural fair holding a bingo game(s)
shall comply with all requirements specified in RSA 287-E:10.
(c) If an agricultural fair fails to submit the
required monthly financial report as required by Pari 1014.01 within 15 days of
the expiration of the agricultural fair bingo license, the commission shall
deny any future license until all the required financial reports have been
submitted.
(d) All other provisions of this chapter shall also apply to bingo
games conducted at agricultural fairs unless specifically excluded.
Source. #8802, eff 1-20-07 (See Revision Note at
chapter heading for Pari 1000)
Pari 1016.03 Application Procedures for Private
Campgrounds, Hotels and Agricultural Fairs.
(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
were not submitted or fully completed by the applicant, the commission shall:
(1) Notify
the applicant in writing 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.
(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
specified in Pari 1016.05; and
(2) The
application fee as specified in RSA 287-E:10, VI or RSA 287-E:12,
I, as applicable.
(d) The commission
shall approve or deny the application in writing within 15 days of the date
that the application is on file with the commission.
(e)
The commission shall approve the application and issue a license if the
applicant has:
(1) Complied with the application process set
forth in this section and Pari 1016.04;
(2) Complied
with the requirements in Pari 1016.01 or Pari 1016.02, as applicable;
(3) Complied
with the requirements in Pari 1016.05; and
(4) Met the
qualifications for licensure as specified in RSA 287-E:10 or RSA 287-E:12, as
applicable.
(f) The commission shall deny the application if
the applicant has:
(1) Not
complied with the application process set forth in this section and Pari
1016.04;
(2) Not
complied with the requirements in Pari 1016.01 or Pari 1016.02, as applicable;
(3) Not
complied with the requirements in Pari 1016.05; or
(4) Not met
the qualifications for licensure as specified in RSA 287-E:10 or RSA 287-E:12,
as applicable.
(g) If the commission denies an application:
(1) The
commission’s written notification pursuant to (d) above shall specify the
reason(s) for denial; and
(2) As
applicable, the commission shall:
a. Refund to
the applicant the application fee pursuant to RSA 287-E:10; and
b. Not
refund to the applicant the application fee pursuant to RSA 287-E:12, I.
(h) The
applicant may request a hearing to appeal the denial as specified in RSA
287-E:15.
(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)a. above to the commission before the commission will issue a
license.
Source. #8802, eff 1-20-07 (See Revision Note at
chapter heading for Pari 1000)
Pari
1016.04 Expiration of a Bingo License
for a Private Campground, Hotel or Agricultural Fair.
(a) A bingo
license for a private campground, hotel or agricultural fair issued pursuant to
this part shall expire:
(1) For an
agricultural fair, on the last game date authorized in the license; or
(2) For a
private campground or hotel, on April 30.
(b) A
private campground, hotel or agricultural fair shall not hold any bingo games
if their license has:
(1) Expired
as specified in (a) above;
(2) Been
suspended pursuant to Pari 1019.01;
(3) Been
revoked pursuant to Pari 1019.02; or
(4) Been
denied pursuant to Pari 1016.03(f).
Source. #8802, eff 1-20-07 (See Revision Note at
chapter heading for Pari 1000)
Pari 1016.05 Application
for Special Bingo License Form.
(a) As specified in
Pari 1016.01 and Pari 1016.02, each private campground, hotel or agricultural
fair shall apply for a license to conduct bingo games by submitting to the
commission a fully completed “Application for Special Bingo
License” form provided by the commission.
(b) The person who is submitting the application on behalf of the campground,
hotel or fair shall:
(1) Provide their name, in print, and title or position held within the
campground, hotel or fair;
(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.”
(c) The campground, hotel or fair shall
submit documentation, in the format
described in (d) below, that the person
submitting the application on behalf of the campground, hotel or fair is an authorized to submit applications and
supporting documents on behalf of the campground, hotel or fair.
(d) The documentation required under (c) above
shall consist of a letter from the campground, hotel or fair, on the letterhead
of the campground, hotel or fair:
(1) Stating that that the person submitting the application is a authorized to
submit the application and supporting documentation;
(2) Stating the person’s title within the campground, hotel or fair; and
(3) Stating that the person is presently authorized by campground, hotel or fair to
file bingo application forms and supporting materials on behalf of the
organization.
(e) The applicant for a special bingo license
shall include documentation that the city or town in which the campground,
hotel or fair seeks to hold its bingo game or games 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.
Source. #8802, eff 1-20-07 (See Revision Note at
chapter heading for Pari 1000)
PART Pari 1017 COMMERCIAL HALLS
Pari 1017.01 Commercial Hall License Required.
(a) Prior to any charitable organization
conducting a bingo game at a commercial hall, the commercial hall shall apply
to the commission for a commercial hall license as described in Pari 1017.04.
(b) Applicants for a commercial hall license
shall submit the application to the commission at least 45 days prior to any
bingo games being conducted in the hall.
(c) A commercial hall license shall be non-transferable
and non-assignable.
(d) The commercial hall shall allow an employee
or authorized representative of the commission to enter and inspect any
facility where bingo games are held for purposes of determining compliance with
RSA 287-E and this chapter.
Source. #8802, eff 1-20-07 (See Revision Note at
chapter heading for Pari 1000); amd by #9412, eff 3-12-09
Pari 1017.02 Application Procedures for a Commercial Hall
License.
(a) If the
commission, for the purpose of determining the applicant’s qualifications for
licensure, determines that any information or documents Pari 1017.03 specified in
(c) below were not submitted or fully completed by the applicant, the commission
shall:
(1) Notify
the applicant in writing 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.
(b) If required pursuant to (a) above, the applicant shall submit
any additional 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 1017.04; and
(2) The
license fee pursuant to RSA 287-E:4, II-a.
(d) The commission shall approve or deny the
application in writing within 30 days of the date that the application is on
file with the commission.
(e) The commission shall approve the application and issue a license
if the applicant has:
(1) Complied
with the application process set forth in this section; and
(2) Complied
with the requirements specified in Pari 1017.01 through Pari 1017.07.
(f) The commission shall deny the application if the applicant has:
(1) Not
complied with the application process set forth in this section; or
(2) Not
complied with the requirements specified in Pari 1017.01 through Pari 1017.07.
(g) If the commission denies an application:
(1) The
commission’s written notification pursuant to (d) above shall specify the
reason(s) for denial; and
(2) Pursuant
to RSA 287:4, II-a, the commission shall refund the application fee specified
in (c)(2) above to the applicant.
(h) The
applicant may request a hearing to appeal the denial as specified in RSA
287-E:15.
(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. #8802, eff 1-20-07 (See Revision Note at
chapter heading for Pari 1000)
Pari
1017.03 Expiration of a Commercial
Hall License.
(a) A license for a commercial
hall issued pursuant to this part shall expire on June 30.
(b) A bingo game shall not be conducted by any charitable
organization at a commercial hall if the hall’s license has:
(1) Expired
as specified in (a) above;
(2) Been
suspended pursuant to Pari 1019.01;
(3) Been
revoked pursuant to Pari 1019.02; or
(4) Been
denied pursuant to Pari 1017.02(f).
Source. #8802, eff 1-20-07 (See Revision Note at
chapter heading for Pari 1000)
Pari 1017.04 Application for a Commercial Hall License.
(a) Each applicant for a commercial hall license
shall submit to the commission a fully completed “Application for Commercial
Hall License” form provided by the commission.
(b) Each applicant for a commercial hall license
shall submit executed copies of all rental or lease agreements, which meet the
requirements of Pari 1017.07, in effect with licensed charitable organizations
with the commercial hall application.
(c) The commercial
hall owner(s) shall:
(1) Provide
their name, in print;
(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.”
Source. #8802, eff 1-20-07 (See Revision Note at
chapter heading for Pari 1000)
Pari 1017.05 Commercial Hall License Display. Licenses to operate a commercial hall shall
be prominently displayed in the public area where the bingo games are
conducted.
Source. #8802, eff 1-20-07 (See Revision Note at
chapter heading for Pari 1000)
Pari
1017.06 Effect of a Commercial Hall
License Revocation or Suspension. If a
commercial hall license is revoked or suspended pursuant to Pari 1019, no
charitable organization shall operate bingo games at that location during the period of the revocation or
suspension.
Source. #8802, eff 1-20-07 (See Revision Note at
chapter heading for Pari 1000)
Pari 1017.07 Commercial Hall Rentals.
(a) The amount of the hall rental to the
charitable organization shall not exceed $5 per player per charitable
organization's bingo game date.
(b) The commercial hall shall provide, as part of
the hall rental fee, the following items and services to the charitable
organization:
(1) Hall space;
(2) Tables
and chairs sufficient for the conduct of the bingo game;
(3) Bingo equipment necessary for the conduct of the
bingo game including, but not limited to:
a. A ball rack;
b. A mixing machine; and
c. A lighted game board;
(4) Heat, lights
and restroom facilities sufficient for the seating capacity of the hall;
(5) Snow removal;
and
(6) Trash removal and overall janitorial services
sufficient to return the hall to a condition clean and proper for conducting business.
(c) No third party charges shall be assessed to
any charitable organization for services set forth in (b) above. Participation in and charges for activities
such as advertising, free offer of coffee and donuts to customers, security
protection for the charitable organization itself, not security for the hall or
parking area, consulting or management services, shall be at the discretion of
the charitable organization. Failure to
participate in these activities shall not constitute grounds for expulsion from
the hall.
(d) The commercial hall shall:
(1) Submit all amended lease or rental agreements
to the commission prior to the agreement being presented to the charitable
organizations for their signature; and
(2) Certify that all lease or rental agreements
comply with the stipulations contained in (a) above.
(e) If the commercial hall fails to submit lease
agreements upon request, the commission shall not process the license
application until such time as the requested information is received.
Source. #8802, eff 1-20-07 (See Revision Note at
chapter heading for Pari 1000)
PART Pari 1018 DISTRIBUTORS AND MANUFACTURERS OF BINGO PAPER
SUPPLIES AND EQUIPMENT
Pari 1018.01 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 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.
(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 1018.03 or Pari 1018.04, as applicable; and
(2) The
license fee as specified in RSA 287-E:8-a, I or RSA 287-E:8-a, V(b), 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 1018.03 or Pari 1018.04, as applicable;
and
(3) Met the
qualifications for licensure as specified in RSA 287-E:8-a.
(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 1018.03 and Pari 1018.04, as
applicable; or
(3) Not met
the qualifications for licensure specified in RSA 287-E:8-a.
(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:15.
(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. #8802, eff 1-20-07 (See Revision Note at
chapter heading for Pari 1000)
Pari 1018.02 Expiration
of a Bingo 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, lease or rent any bingo paper,
electronic player equipment or lucky 7 vending machines if the distributor’s or
manufacturer’s license has:
(1) Expired
as specified in (a) above;
(2) Been
suspended pursuant to Pari 1019.01;
(3) Been
revoked pursuant to Pari 1019.02; or
(4) Been
denied pursuant to Pari 1018.01(f).
Source. #8802, eff 1-20-07 (See Revision Note at
chapter heading for Pari 1000)
Pari
1018.03 Distributor License Requirements.
(a) Distributors shall be licensed by the
commission prior to selling, leasing or renting any bingo paper supplies,
electronic player equipment or lucky 7 vending machines in
(b) 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:8-a, 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:8-a, I; 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 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.”
(d) Electronic bingo systems leased, sold or
rented to charitable organizations shall be identified by the manufacturer's
name and model identification.
(e) A bingo distributor with a current
(f) All licensed distributors of bingo paper,
electronic bingo player equipment or lucky 7 vending machines 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.
Source. #8802, eff 1-20-07 (See Revision Note at
chapter heading for Pari 1000)
Pari
1018.04
Manufacturer License Requirements.
(a) Manufacturers shall licensed by the commission prior to selling any bingo
supplies, electronic player equipment or lucky 7 vending machines in New
Hampshire.
(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:8-a, V(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) A manufacturer with a current
Source. #8802, eff 1-20-07 (See Revision Note at
chapter heading for Pari 1000)
PART Pari 1019 SUSPENSION AND REVOCATION OF A BINGO LICENSE
Pari 1019.01 Suspension
of a Bingo License.
(a) Pursuant to RSA
287-E:14, the commission shall suspend a license issued pursuant to this
chapter if a charitable organization, commercial hall, private campground or
hotel, agricultural fair, distributor or manufacturer fails to comply with any
requirement specified in this chapter or in RSA 287-E.
(b) If the commission suspends a license issued
pursuant to this chapter, the commission shall provide written notice to the
charitable organization, commercial hall, private campground or hotel,
agricultural fair, distributor or manufacturer specifying:
(1) The reason
for suspension;
(2) The action
to be taken;
(3) The deadline
for completing the necessary action; and
(4) That failure to complete the action as
specified in (b)(2) above within the deadline specified in (b)(3) above will result in revocation of the
license.
(c) Pursuant to RSA
287-E:15, the licensee shall have 15 days from the date of the notice pursuant
to (b) above to request a hearing pursuant to Pari 200.
Source. #8802, eff 1-20-07 (See Revision Note at
chapter heading for Pari 1000)
Pari 1019.02 Revocation
of a Bingo License.
(a) Pursuant to RSA 287-E:14, the commission
shall revoke a license issued pursuant to this chapter if a charitable
organization, commercial hall, private campground or hotel, agricultural fair,
distributor or manufacturer fails to:
(1) Respond to a written notification of
suspension pursuant to Pari 1019.01(b); or
(2) Complete the required action within the
specified timeframe.
(b) If the commission revokes a license issued
pursuant to this chapter, the commission shall provide written notice to the
charitable organization, commercial hall, private campground or hotel,
agricultural fair, 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:15, the licensee shall
have 15 days from the date of the notice pursuant to (b) above to request a
hearing pursuant to Pari 200.
(d) Pursuant to RSA 287-E:14, 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. #8802, eff 1-20-07 (See Revision Note at
chapter heading for Pari 1000)
Appendix
|
Rule |
|
|
|
|
|
Pari 1001 |
RSA 287-E:3, XIV |
|
Pari 1002 |
RSA 287-E:3, XIV |
|
Pari 1003 |
RSA 287-E:3, I; RSA
287-E:4, I; RSA 287-E:5 |
|
Pari 1004 |
RSA 287-E:3, II; RSA
287-E:4, I; RSA 287-E:5 |
|
Pari 1005 |
RSA 287-E:3, II; RSA
287-E:5 |
|
Pari 1006 |
RSA 287-E:3, II; RSA
287-E:5 |
|
Pari 1007 |
RSA 287-E:3, XII and XIV |
|
Pari 1008 |
RSA 287-E:3, XII and XIV |
|
Pari 1009 |
RSA 287-E:3, XII and XIV |
|
Pari 1010 |
RSA 287-E:3, XII and XIV |
|
Pari 1011 |
RSA 287-E:3, XII, XIII and
XIV |
|
Pari 1012 |
RSA 287-E:3, XII and XIV;
RSA 287-E:7, XIII(e); RSA 287-E:8 |
|
Pari 1013 |
RSA 287-E:3, XII and XIV;
RSA 287-E:9 |
|
Pari 1014 |
RSA 287-E:3, XII and XIV;
RSA 287-E:9 |
|
Pari 1015 |
RSA 287-E:3, XIV |
|
Pari 1016 |
RSA 287-E:3, VIII and X;
RSA 287-E:10; RSA 287-E:12 |
|
Pari 1017 |
RSA 287-E:3, IX and XIV;
RSA 287-E:4, II-a; RSA 287-E:5, VI |
|
Pari 1018 |
RSA 287-E:3, II-a; RSA
287-E:8-a |
|
Pari 1019 |
RSA 287-E:3, XIV; RSA
287-E:14 |