Pari 1200

CHAPTER Pari 1200 GAMES OF CHANCE

Statutory Authority: RSA 284:12, X; RSA 287-D:1-b

REVISION NOTE:

Document #9281, effective 9-24-08, was an interim rule that made many changes to Pari 1200 in order to implement Chapters 285, 291, and 371 of the Laws of 2008. Document #9281 adopted some new rules and amended some existing rules. Specifically, Document #9281 readopted with amendments and renumbered Pari 1202.03 as Pari 1202.07, and readopted with amendments Pari 1212.01, Pari 1212.02, and Pari 1214.01 through Pari 1214.04. Document #9281 also renumbered, but did not readopt at that time, other existing rules in Pari 1200, which retained the effective dates from the prior documents affecting those rules. Source notes for renumbered rules in Pari 1200 carry over the documents affecting the rule as formerly numbered, which is cited in the source note.

New rules adopted by Document #9281 include:

Pari 1202.01 Pari 1202.12

Pari 1202.04 Pari 1215.08

Pari 1202.05 Pari 1217

Pari 1202.06 Pari 1218

Pari 1202.10

Existing rules amended, but not readopted or renumbered, by Document #9281 include:

Pari 1201.02 Pari 1210.01

Pari 1205.01 Pari 1211.01

Pari 1205.02 Pari 1213.01

Pari 1205.03 Pari 1216.01

Pari 1207.01 Pari 1216.02

Pari 1207.02

Existing rules renumbered by, but not contained in, Document #9281 include:

Former Number New Number

Pari 1202.01 Pari 1202.02

Pari 1202.02 Pari 1202.03

Pari 1202.04 Pari 1202.08

Pari 1202.05 Pari 1202.09

Pari 1202.06 Pari 1202.11

PART Pari 1201 PURPOSE AND SCOPE

Pari 1201.01 Purpose. The purpose of this chapter is to establish requirements for games of chance pursuant to RSA 287-D:1 through RSA 287-D:9.

Source. #8691, INTERIM, eff 7-25-06; ss by #8804, eff 1-20-07

Pari 1201.02 Scope. This chapter shall apply to:

(a) Charitable organizations which hold or sponsor games of chance;

(b) Game operators and game operator employers;

(d) Property owners of locations where games of chance are held.

Source. #8691, INTERIM, eff 7-25-06; ss by #8804, eff 1-20-07; amd by #9281, INTERIM, eff 9-24-08, EXPIRES: 3-23-09 (See Revision Note at Chapter heading for Pari 1200); amd by #9413, eff 3-12-09

PART Pari 1202 GAMES OF CHANCE DEFINITIONS

Pari 1202.01 “Executive officer” means a primary game operator or other individual who is authorized to submit an application on behalf of the game operator employer, enter into agreements on the employer’s behalf, respond to official correspondence from the commission, submit primary and secondary game operator license applications to the commission or otherwise bind the employer.

Source. (See Revision Note at Chapter heading for Pari 1200) #9281, INTERIM, eff 9-24-08, EXPIRES: 3-23-09; ss by #9413, eff 3-12-09

Pari 1202.02 “Game date” means a series of games played on a specified date.

Source. #8691, INTERIM, eff 7-25-06; ss by #8804, eff 1-20-07; (See Revision Note at Chapter heading for Pari 1200) (renumbered from Pari 1202.01)

Pari 1202.03 “Games of chance” means “games of chance” as defined in RSA 287-D:1, II.

Source. #8691, INTERIM, eff 7-25-06; ss by #8804, eff 1-20-07; (See Revision Note at Chapter heading for Pari 1200) (renumbered from Pari 1202.02)

Pari 1202.04 “Games of chance licensee” means:

(a) A charitable organization; or

(b) If a game operator employer has been hired to operate a games of chance:

(1) For Pari 1210.01(a), Pari 1210.01(d), Pari 1212.01(a) through (c) and Pari 1212.02, the charitable organization and the game operator employer; and

(2) For Pari 1202.07, Pari 1208.01(a) through (c), Pari 1209.01, Pari 1210.01(e), Pari 1210.01(g) through (i), Pari 1210.01(k), Pari 1210.01(r), Pari 1210.01(s), Pari 1211.01, Pari 1217.01(c) and Pari 1217.01(d), the charitable organization or the game operator employer.

Source. (See Revision Note at Chapter heading for Pari 1200) #9281, INTERIM, eff 9-24-08, EXPIRES: 3-23-09; ss by #9413, eff 3-12-09

Pari 1202.05 “Game operator” means “game operator” as defined in RSA 287-D:1, V.

Source. (See Revision Note at Chapter heading for Pari 1200) #9281, INTERIM, eff 9-24-08, EXPIRES: 3-23-09; ss by #9413, eff 3-12-09

Pari 1202.06 “Game operator employer” means a business entity which employs game operators to operate games of chance on behalf of a charitable organization.

Source. (See Revision Note at Chapter heading for Pari 1200) #9281, INTERIM, eff 9-24-08, EXPIRES: 3-23-09; ss by #9413, eff 3-12-09

Pari 1202.07 “House rules” means instructions describing how games of chance are conducted, played and won adopted by a games of chance licensee pursuant to Pari 1209.

Source. #8691, INTERIM, eff 7-25-06; ss by #8804, eff 1-20-07; ss by #9281, INTERIM, eff 9-24-08, EXPIRES 3-23-09 (See Revision Note at Chapter heading for Pari 1200) (renumbered from Pari 1202.03); ss by #9413, eff 3-12-09

Pari 1202.08 “Initial application” means:

(a) The first time that a charitable organization submits a games of chance license application to the commission;

(b) A games of chance license application from a charitable organization whose previous license has been expired for more than 1 year; or

(c) A games of chance license application from a charitable organization one year or more after the organization’s games of chance license was revoked pursuant to Pari 1216.02.

Source. #8691, INTERIM, eff 7-25-06; ss by #8804, eff 1-20-07; (See Revision Note at Chapter heading for Pari 1200) (renumbered from Pari 1202.04)

Pari 1202.09 “Monetary transaction” means activities that the charitable organization is allowed to do such as supervising, managing and verifying the amount of money received from buy-ins or re-buys and the amount paid out in prizes and depositing all funds, excluding cash prizes of less than $501, received at a game of chance. For games where a game operator is involved, this term does not include the actual sale or redemption of chips.

Source. #8921, eff 6-27-07; (See Revision Note at Chapter heading for Pari 1200) (renumbered from Pari 1202.05)

Pari 1202.10 “Primary game operator” means “primary game operator” as defined in RSA 287-D:1, V(a).

Source. (See Revision Note at Chapter heading for Pari 1200) #9281, INTERIM, eff 9-24-08, EXPIRES: 3-23-09; ss by #9413, eff 3-12-09

Pari 1202.11 “Renewal application” means an application by a charitable organization which is not an initial application.

Source. #8691, INTERIM, eff 7-25-06; ss by #8804, eff 1-20-07 (from Pari 1202.05); (See Revision Note at Chapter heading for Pari 1200) (renumbered from Pari 1202.06)

Pari 1202.12 “Re-buy” means the fee paid by a player to purchase additional chips. This term includes “add-ons”.

Source. #9413, eff 3-12-09

Pari 1202.13 “Secondary game operator” means “secondary game operator” as defined in RSA 287-D:1, V(b).

Source. (See Revision Note at Chapter heading for Pari 1200) #9281, INTERIM, eff 9-24-08, EXPIRES: 3-23-09; ss by #9413, eff 3-12-09 (renumbered from Pari 1202.12)

PART Pari 1203 PROPERTY PERMISSION FORM FOR GAMES OF CHANCE

Pari 1203.01 Written Permission Required.

(a) Prior to submitting an application for a games of chance license pursuant to this chapter, the charitable organization shall obtain written permission, as specified in (b) or (c) below as applicable, from the property owner where the games of chance will be held as specified in RSA 287-D:2, II.

(b) If the charitable organization will hold the games of chance at a facility not required to be licensed pursuant to Pari 1215 as specified in RSA 287-D:2-a, VI, the charitable organization shall obtain written permission from the property owner using the form specified in Pari 1203.02.

(c) If the charitable organization will hold the games of chance at a facility required to be licensed pursuant to Pari 1215:

(1) The charitable organization shall submit a copy of a lease or rental agreement, including proposed game dates, with the facility;

(2) The facility shall have on file with the commission a current lease or rental agreement specifically stating that the lessee or rentor of the facility has the owner’s permission to hold games of chance at the facility; and

(3) The facility shall be issued a games of chance facility license.

(d) The lease or rental agreement required pursuant to (c)(1) above shall specify that:

(1) The proposed games dates are not finalized until the charitable organization receives a license to hold games of chance on those dates; and

(2) The charitable organization is not subject to any fees of any kind if the charitable organization is unable to:

a. Obtain a games of chance license for the proposed game dates;

b. Obtain a games of chance license for any reason; or

c. Hold a game date due to circumstances beyond the control of the charitable organization including but not limited to inclement weather, power outage or cancellation of the game by the facility or game operator.

Source. #8691, INTERIM, eff 7-25-06; ss by #8804, eff 1-20-07; ss by #8921, eff 6-27-07; ss by #9413, eff 3-12-09

Pari 1203.02 Property Owner Permission Form for Games of Chance.

(a) A charitable organization applying for a games of chance license shall submit to the commission a “Property Owner Permission Form”.

(b) The property owner shall:

(1) Provide the owner’s name, in print;

(2) Sign and date the form; and

(3) Certify to the following preprinted statement:

“I grant permission to the charitable organization named above, if issued a current license by the Commission, to hold games of chance at the property location specified above. This permission cannot be transferred to any other charitable organization and is no longer valid if the charitable organization’s games of chance license expires or is revoked by the Commission.”; and

(4) Pursuant to RSA 287-D:2, II, have the document acknowledged by a notary public or justice of the peace.

Source. #8691, INTERIM, eff 7-25-06; ss by #8804, eff 1-20-07; amd by #9413, eff 3-12-09

PART Pari 1204 APPLICATION PROCEDURES FOR A GAMES OF CHANCE LICENSE FOR A CHARITABLE ORGANIZATION

Pari 1204.01 Application Procedures for a Games of Chance License for a Charitable Organization.

(a) Prior to holding a game(s) of chance, a charitable organization shall:

(1) Apply to the commission for a games of chance license; and

(2) Be issued a games of chance license by the commission.

(b) Each charitable organization applying for a games of chance license shall submit the following to the commission:

(1) A fully executed “Property Owner Permission Form” as required by Pari 1203.01(b);

(2) A fully executed application form as required by Pari 1205.01;

(3) The supporting documentation specified in Pari 1205.02; and

(4) A fee as specified in RSA 287-D:2-d, I.

(c) If the commission, for the purpose of determining the charitable organization’s qualifications for licensure, determines that any information or documents specified in (b) above were not submitted or fully completed by the charitable organization, the commission shall:

(1) Notify the charitable organization 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 charitable organization is required to submit or complete.

(d) If required pursuant to (c) above, the charitable organization 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 60 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 charitable organization.

(f) The commission shall approve the application and issue a license if the charitable organization has:

(1) Complied with the application procedure as specified in this part;

(2) Complied with the requirements specified in Pari 1203, 1205 and 1206; and

(3) Met the qualifications for licensure as specified in RSA 287-D:2-a, RSA 287-D:2-d or RSA 287-D:8.

(g) The commission shall deny the application if the charitable organization has:

(1) Not complied with the application procedure as specified in this part;

(2) Not complied with the requirements in Pari 1203, 1205 or 1206; or

(3) Not met the qualifications for licensure specified in RSA 287-D:2-a, RSA 287-D:2-d or RSA 287-D:8.

(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 charitable organization may request a hearing to appeal the denial as specified in RSA 287-D:7.

Source. #8691, INTERIM, eff 7-25-06; ss by #8804, eff 1-20-07; amd by #8921, eff 6-27-07; amd by #9413, eff 3-12-09

Pari 1204.02 Expiration of a Games of Chance License for a Charitable Organization.

(a) A games of chance license for a charitable organization issued pursuant to this chapter shall expire on December 31.

(b) A charitable organization shall not hold any games of chance if its license has:

(1) Expired as specified in (a) above;

(2) Been suspended as specified in Pari 1216.01;

(3) Been revoked as specified in Pari 1216.02; or

(4) Been denied pursuant to Pari 1204.01(g).

Source. #8691, INTERIM, eff 7-25-06; ss by #8804, eff 1-20-07

PART Pari 1205 INITIAL APPLICATION FOR A GAMES OF CHANCE LICENSE FOR A CHARITABLE ORGANIZATION

Pari 1205.01 Initial Application for a Games of Chance License for a Charitable Organization.

(a) A charitable organization shall submit to the commission a fully completed “Initial Application for a Games of Chance License” form, provided by the commission, which:

(1) Relates to games of chance which will take place on specified dates during a yearly period beginning on the first day of the first month during which games of chance will be held and ending on December 31;

(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) Pursuant to RSA 287-D:2-a, IV, is received at the commission at least 60 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 the person’s 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 game operators licensed pursuant to Pari 1214 or bona fide members of the charitable organization will operate games of chance, neither the applicant nor any member of the charitable organization operating the games of chance has been convicted, in any jurisdiction, of a felony or class A misdemeanor within the previous 10 years which has not been annulled by a court, a class B misdemeanor 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 games of chance are aware of all statutes and rules applicable to the operation of games of chance.”

(1) Provide the date and location for at least one games of chance; and

(2) Pursuant to RSA 287-D:2-a, X, submit, on the form specified in Pari 1205.03, the date and location for all other games of chance at least 45 days prior to the game date if that information has not already been provided to the commission.

(d) For each game date as specified in (c) above, the charitable organization shall submit the appropriate fee as specified in RSA 287-D:2-d, I.

(e) If at any time a games of chance application is pending, or at any time a games of chance license is in effect, any of the information provided on or with an initial games of chance application under this section changes, or becomes or is discovered to no longer be accurate, the charitable organization 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.

(f) Licensed charitable organizations shall maintain its 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.

(g) The commission shall suspend or revoke a license if the charitable organization fails to maintain a tax-exempt status or any other qualification of licensure.

Source. #8691, INTERIM, eff 7-25-06; ss by #8804, eff 1-20-07; amd by #8921, eff 6-27-07; amd by #9281, INTERIM, eff 9-24-08, EXPIRES: 3-23-09; amd by #9413, eff 3-12-09

Pari 1205.02 Supporting Documentation for an Initial Application for a Games of Chance License for a Charitable Organization.

(a) A charitable organization shall provide the following supporting documents with the initial application for a games of chance 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. 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 including its tax exemption number;

(2) A certificate from the New Hampshire secretary of state, or a copy thereof, stating:

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;

(3) A certificate from the New Hampshire secretary of state, or a copy thereof, stating that the charitable organization is currently in good standing;

(4) 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;

(5) A copy of the charitable organization’s current articles of incorporation;

(6) A copy of the bylaws of the charitable organization;

(7) A copy of the charitable organization’s current membership list including the members’ name and home address, city or town and zip code;

(8) 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;

(9) A copy of the current lease or rental agreement as specified in Pari 1215.07 between the charitable organization and the location in which games of chance will be held, if any;

(10) The name and address of the person or business licensed pursuant to Pari 1215 from whom space is being leased or rented, if any;

(11) A letter of intent in the format described in (b) below;

(12) A game schedule or if using a game operator, the game operator’s game schedule approval number as specified in Pari 1211;

(13) The name and address of the seller, lessor or renter for any equipment that the charitable organization buys, leases or rents for a game of chance;

(14) Pursuant to RSA 287-D:2-a, II(d), a list, including name, date of birth and social security number, of all members of the charitable organization who will participate in the operation of games of chance;

(15) Pursuant to RSA 287-D:2-a, II(e), the name and address, including the street address, city or town and zip code, of any game operator employer licensed pursuant to this chapter who will be involved in the operation of the games of chance;

(16) A New Hampshire department of safety, division of state police, criminal record release authorization form as required by RSA 287-D:8, I and the fee required by Saf-C 5703.06(a) for any person listed pursuant to (a)(14) above;

(17) If applicable, a letter from the treasurer designating another member of the charitable organization as the person to handle all monetary transactions related to the games of chance.

(b) 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:

a. Conducted by the charitable organization within the 2 year period prior to the date of the application; and

b. Which advance the charitable organization’s charitable purpose; and

(2) Describe the activity conducted, including the location(s) at which the activity was conducted.

(1) Include the name of the treasurer of the charitable organization;

(2) Include the name of another member of the same charitable organization who has been designated by the treasurer named in (c)(1) above;

(3) Bear the letterhead of the charitable organization;

(4) Specify the licensed game date(s) at which the person named in (c)(2) above is designated to handle all monetary transactions related to games of chance;

(5) Be signed by the treasurer named in (c)(1) above; and

(6) Include the date that the letter was signed.

Source. #8691, INTERIM, eff 7-25-06; ss by #8804, eff 1-20-07; amd by #8921, eff 6-27-07; amd by #9281, INTERIM, eff 9-24-08, EXPIRES: 3-23-09; amd by #9413, eff 3-12-09

Pari 1205.03 Additional Games of Chance Game Dates for an Initial Application.

(a) As required by RSA 287-D:2-a, X and Pari 1205.01(d)(2), a charitable organization shall submit game dates not already included in the initial application to the commission on a “Games of Chance Game Date Information for Charitable Organizations” form.

(b) The duly authorized officer, director or official who is submitting the application on behalf of the charitable organization shall:

(1) Provide the person’s 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.”

Source. #8691, INTERIM, eff 7-25-06; ss by #8804, eff 1-20-07; amd by #9281, INTERIM, eff 9-24-08, EXPIRES: 3-23-09; amd by #9413, eff 3-12-09

PART Pari 1206 RESERVED

Source. #8691, INTERIM, eff 7-25-06; ss by #8804, eff 1-20-07; rpld by #8921, eff 6-27-07

PART Pari 1207 RENEWAL APPLICATION FOR A GAMES OF CHANCE LICENSE FOR A CHARITABLE ORGANIZATION

Pari 1207.01 Renewal Application for a Games of Chance License for a Charitable Organization.

(a) An charitable organization for a renewal games of chance license shall submit to the commission a fully completed “Renewal Application for a Games of Chance License” form, provided by the commission, for a charitable organization which:

(1) Relates only to games of chance which will take place on specified dates during a yearly period beginning on the first day of the first month during which games of chance will be held and ending on December 31;

(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) Pursuant to RSA 287-D:2-a, IV, is received at the commission at least 60 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 the person’s 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:

(1) Provide the date and location for at least one games of chance; and

(2) Pursuant to RSA 287-D:2-a, X, submit the date and location for all other games of chance at least 45 days prior to the game date if that information has not already been provided to the commission.

(d) For each game date as specified in (c) above, the charitable organization shall submit the appropriate fee as specified in RSA 287-D:2-d, I.

(e) If at any time a renewal games of chance application is pending, or at any time a games of chance license is in effect, any of the information provided on or with an initial games of chance application under this section changes, or becomes or is discovered to no longer be accurate, the charitable organization 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 its IRS tax-exempt status and all other qualifications for licensure during any period of renewal licensure and shall notify the commission immediately should the organization’s exempt status change or be revoked or should any other qualification for licensure cease to exist.

(g) The commission shall suspend or revoke a license renewal if the charitable organization fails to maintain a tax-exempt status, or any other qualification of licensure.

Source. #8691, INTERIM, eff 7-25-06; ss by #8804, eff 1-20-07; amd by #8921, eff 6-27-07; amd by #9281, INTERIM, eff 9-24-08, EXPIRES: 3-23-09; amd by #9413, eff 3-12-09

Pari 1207.02 Supporting Documentation for a Renewal Application for a Games of Chance License for a Charitable Organization. The charitable organization shall submit to the commission the following supporting documentation with any renewal application(s) for a games of chance license for a charitable organization:

(a) If not previously submitted, a complete membership list for the charitable organization;

(b) If the charitable organization conducted games of chance in any month prior to the month for which the application is requested, any original, signed games of chance financial report, as specified in Pari 1213, for any month which has not previously been submitted and which is due or overdue;

(c) 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 no longer accurate, 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;

(d) If any of the supporting documentation previously submitted pursuant to Pari 1205.02 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;

(e) Pursuant to RSA 287-D:2-a, II(d), a list, including name, date of birth, social security number and date of membership, of all members of the charitable organization who will participate in the operation of games of chance;

(f) Pursuant to RSA 287-D:2-a, II(e), the name and address, including the street address, city or town and zip code, of any game operator employer licensed pursuant to this chapter who will be involved in the operation of the games of chance;

(g) The property owner permission form if required by Pari 1203.01(b); and

(h) A New Hampshire department of safety, division of state police, criminal record release authorization form as required by RSA 287-D:8, I and the fee required by Saf-C 5703.06(a) for any person listed pursuant to (e) above.

Source. #8691, INTERIM, eff 7-25-06; ss by #8804, eff 1-20-07; amd by #8921, eff 6-27-07; amd by #9281, INTERIM, eff 9-24-08, EXPIRES: 3-23-09; amd by #9413, eff 3-12-09

Pari 1207.03 Additional Games of Chance Game Dates for a Renewal License.

(a) As required by RSA 287-D:2-a, XIII, a charitable organization shall submit game dates not already included in the renewal application to the commission on a “Games of Chance Game Date Information for Charitable Organizations” form.

(b) The duly authorized officer, director or official who is submitting the application on behalf of the charitable organization shall:

(1) Provide the person’s 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.”

Source. #8691, INTERIM, eff 7-25-06; ss by #8804, eff 1-20-07; amd by #9413, eff 3-12-09

PART Pari 1208 DISPLAY OF GAMES OF CHANCE LICENSES AND HOUSE RULES

Pari 1208.01 Display of Games of Chance Licenses and House Rules.

(a) A games of chance licensee shall prominently display the licensee’s games of chance license in the immediate area where games of chance are held.

(b) A games of chance licensee shall post with the license at least 2 copies of RSA 287-D, this chapter and any house rules as required by Pari 1209.01.

(c) A games of chance licensee shall prominently display at least 2 copies of the house rules on posters with the name of the charitable organization, the bottom edge of which shall be posted not less than 54 inches nor higher than 60 inches above the floor with print size not less than 5/8 inches nor more than 2 inches.

Source. #8691, INTERIM, eff 7-25-06; ss by #8804, eff 1-20-07

PART Pari 1209 GAMES OF CHANCE HOUSE RULES

Pari 1209.01 Games of Chance House Rules.

(a) A games of chance licensee shall not adopt or use any house rule that violates RSA 287-D or this chapter.

(b) A games of chance licensee shall publicly announce all house rules prior to the start of the first game of each games of chance game date.

(1) The buy-in and re-buy amounts for any games of chance where the chips have no monetary value;

(2) The contingency plan for inclement weather, power outages, equipment failure and other emergencies;

(3) The refund policy;

(4) The method of play, buy-in amount and re-buy amount(s) for all games of chance to be conducted;

(5) The statutory limit per person per game as specified in RSA 287-D:2-b, XI;

(6) The bet limit for all games;

(7) Smoking/non-smoking policy which shall comply with RSA 155:66 through RSA 155:70;

(8) The effective date of the house rules;

(9) How a player can contact the commission with comments, concerns or questions;

(10) That the games of chance will be conducted in accordance with RSA 287-D and this chapter; and

(11) The charitable purpose(s) for which proceeds from the games of chance will be used.

Source. #8691, INTERIM, eff 7-25-06; ss by #8804, eff 1-20-07

PART Pari 1210 OPERATION OF GAMES OF CHANCE

Pari 1210.01 Games of Chance Operations.

(a) The games of chance licensee shall hold games of chance only as specified in RSA 287-D:2-b.

(b) The charitable organization shall submit to the commission a monthly financial report as required by Pari 1213 to verify the income and expenses reported by the charitable organization to the commission.

(c) A game operator employer which operates games of chance on behalf of a charitable organization shall provide the charitable organization with all information necessary to complete the monthly financial report within 5 business days of each game date.

(d) The games of chance licensee shall not allow any person to participate in the operation of any games of chance unless that person has complied with RSA 287-D:2-a, VIII and RSA 287-D:2-c, III if applicable.

(e) The games of chance licensee shall establish written procedures for:

(1) Determining and tracking the amount that that a player has spent for buy-ins and re-buys for games of chance where the chips have no monetary value; and

(2) Keeping records, with the information specified in RSA 287-D:2-b, X for each licensed game date of all persons who participate in the operation of any games of chance to ensure compliance with (d) above.

(f) The charitable organization may amend or supplement the list of persons who will participate in any games of chances as specified in RSA 287-D:2-a, IX.

(g) Except as otherwise provided in (h) below, the games of chance licensee shall submit the written procedures established pursuant to (e) above to the commission prior to the first game date of the year.

(h) If the games of chance licensee has previously submitted procedures to the commission, the games of chance licensee shall only submit written procedures if those procedures are changed or revised in any way.

(i) Pursuant to (h) above, the games of chance licensee shall submit changed or revised written procedures within 7 days of the changes or revisions.

(j) All monetary transactions related to a game of chance shall be handled as specified in RSA 287-D:2-b, VII and RSA 287-D:2-b, VIII.

(k) The games of chance licensee shall award prizes for games or tournaments where chips have no monetary face value in accordance with a prize schedule as specified in (l) below.

(l) The prize schedule required pursuant to (k) above shall:

(1) Be either a set prize amount or a percentage of the prize pool;

(2) Be posted, in the public place where the game or tournament is being held, prior to the commencement of the game to which it applies; and

(3) Award prizes to no more than 50% of the players starting the game or tournament.

(m) At the end of a game or tournament where chips have no monetary face value, any chips held by a player not receiving a prize shall:

(1) Have no value for any purpose;

(2) Not be traded, bartered, used or exchanged for any purpose whatsoever; and

(3) Not be used for play in any other game or tournament.

(n) In any game where chips have monetary value, the chips shall have a face value of no more than $4.00.

(o) Pursuant to RSA 287-D:3, V, a single wager by a player in any game where chips have monetary value shall not exceed $4.00.

(p) Dealers or the treasurer or designee of a charitable organization participating in the operation of games of chance on a particular game date shall not play any game conducted during that particular game date.

(q) For games where a game operator is involved, at least one licensed primary game operator shall supervise and manage all game operations for the entire time the games are being held.

(r) The games of chance licensee shall have a diagram available for each table where games of chance are being played indicating the type of game being played, the bet amount and the buy-in and re-buy amounts as applicable.

(s) If a games of chance licensee cashes a check which was issued for a prize of more than $500, a member of the charitable organization or a primary game operator cashing the check shall print and sign their name on the back of the check and the check shall be kept by the games of chance licensee for 2 years.

Source. #8691, INTERIM, eff 7-25-06; ss by #8804, eff 1-20-07; amd by #8921, eff 6-27-07; amd by #9281, INTERIM, eff 9-24-08, EXPIRES: 3-23-09; amd by #9413, eff 3-12-09

PART Pari 1211 GAME SCHEDULE FOR GAMES OF CHANCE

Pari 1211.01 Game Schedule for Games of Chance.

(a) A games of chance licensee shall not play any games of chance on a licensed game date unless all games of chance to be played on that game date have been identified on a game schedule approved by the commission pursuant to this section.

(b) Each games of chance licensee seeking to hold a games of chance shall prepare a written game schedule request for each licensed game date containing the information specified in (c) below.

(1) Identifies the date, location and time that the games of chance licensee submitting the request proposes that the games of chance described will 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 estimated number of players attending;

c. The buy-in and re-buy amounts in compliance with RSA 287-D:2-b, XI or RSA 287-D:2-b, XII for each game of chance where the chips have no monetary value;

d. All of the prizes, tokens or awards, including door prizes, offered; and

e. Whether prizes are subject to increase or decrease based on actual attendance.

(d) Except as otherwise provided in (e) below, the games of chance licensee shall submit a game schedule request for each licensed games of chance game date to the commission at least 45 days before the game date identified in the game schedule request submitted to the commission.

(e) If the games of chance licensee has previously submitted a game schedule request to the commission, the games of chance licensee shall only submit a game schedule request if the games to be offered or played are changed or revised in any way.

(f) Pursuant to (e) above, the games of chance licensee shall submit a changed or revised game schedule request prior to implementing those changes or revisions.

(g) The commission shall approve a game schedule request and issue a game schedule approval number if the games of chance contained in the request comply with the standards for games of chance set forth in RSA 287-D and this chapter.

(h) A game schedule approved under (g) above shall be posted in plain view for public inspection in the place where the games of chance will be played.

(i) The games of chance licensee shall not charge any amounts, by whatever name, for games where chips have no monetary value other than buy-ins and re-buys.

(j) All persons participating in games of chance shall wear an identification badge issued by the commission.

Source. #8691, INTERIM, eff 7-25-06; ss by #8804, eff 1-20-07; amd by #9281, INTERIM, eff 9-24-08, EXPIRES: 3-23-09; amd by #9413, eff 3-12-09

PART Pari 1212 GAMES OF CHANCE INSPECTION PROCEDURES AND FINANCIAL REQUIREMENTS

Pari 1212.01 Games of Chance Inspection Procedures.

(a) The games of chance licensee shall maintain records of sufficient detail to enable preparation of the monthly financial reports submitted to the commission.

(b) The games of chance licensee shall have all accounts and records available for inspection and auditing by the commission.

(c) The games of chance licensee shall allow an employee or authorized representative of the commission to enter and inspect any facility where games of chance are held for purposes of determining compliance with RSA 287-D and this chapter.

Source. #8691, INTERIM, eff 7-25-06; ss by #8804, eff 1-20-07; ss by #9281, INTERIM, eff 9-24-08, EXPIRES: 3-23-09; ss by #9413, eff 3-12-09

Pari 1212.02 Games of Chance Financial Requirements. The games of chance licensee shall maintain a checking account at a financial institution with at least one office in New Hampshire for all games of chance receipts and disbursements.

Source. #8691, INTERIM, eff 7-25-06; ss by #8804, eff 1-20-07; ss by #9281, INTERIM, eff 9-24-08, EXPIRES: 3-23-09; ss by #9413, eff 3-12-09

PART Pari 1213 GAMES OF CHANCE FINANCIAL REPORT AND WORKSHEETS

Pari 1213.01 Games of Chance Financial Report.

(a) Pursuant to RSA 287-D:5, I, the charitable organization shall submit to the commission within 30 days of the end of each month during which games of chance are held a “Games of Chance Financial Report” for each licensed game date.

(b) The charitable organization’s treasurer and chairperson shall:

(1) Sign and date the “Games of Chance Financial Report”; and

(2) Certify to the following statement:

“I hereby certify that the above statements and all documents contained within this report are true, accurate and correct and that there are no willful misrepresentations in or falsifications of the above statements or answers to questions.”

(c) If the charitable organization does not receive the financial information as specified in Pari 1210.01(c), the charitable organization shall submit a written statement on organization letterhead stating that no financial information was received from the game operator.

(d) The statement required by (c) above shall be:

(1) Signed by both the treasurer and chairperson; and

(2) Received by the commission by the deadline specified in (a) above.

Source. #8691, INTERIM, eff 7-25-06; ss by #8804, eff 1-20-07; amd by #9281, INTERIM, eff 9-24-08, EXPIRES: 3-23-09; amd by #9413, eff 3-12-09

PART Pari 1214 GAME OPERATORS

Pari 1214.01 Game Operator License Required.

(a) Prior to any charitable organization conducting any games of chance in which a game operator employer is hired or a game operator is employed, the game operator employer and game operator shall apply to the commission for a game operator license as described in Pari 1214.04.

(b) Applicants for a game operator license shall submit an application to the commission at least 60 days prior to any game operator employer being hired or game operator participating in the operation of any games of chance.

Source. #8691, INTERIM, eff 7-25-06; ss by #8804, eff 1-20-07; ss by #9281, INTERIM, eff 9-24-08, EXPIRES: 3-23-09; ss by #9413, eff 3-12-09

Pari 1214.02 Application Procedures for a Game Operator License.

(a) If the commission, for the purpose of determining the game operator employer’s or game operator’s qualifications for licensure, requires any information or documents additional to the materials submitted by the game operator employer or game operator under Pari 1214.02, the commission shall:

(1) Notify the game operator employer or game operator in writing or by telephone within 5 days of the date the application is on file with the commission; and

(2) Specify the information or documents which the game operator employer or game operator is required to submit.

(b) If required pursuant to (a) above, the game operator employer or game operator 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 pursuant to Pari 1214.04; and

(2) The license fee as required pursuant to RSA 287-D:2-d, III.

(d) The commission shall approve or deny the application in writing within 60 days of the date that the application is on file with the commission or the date that additional information is received by the commission from the game operator employer or game operator.

(e) The commission shall approve the application and issue a license if the game operator employer or game operator has:

(1) Complied with the application process set forth in this section and Pari 1214.03; and

(2) Complied with the requirements specified in Pari 1214.01 through Pari 1214.07.

(f) The commission shall deny the application if the game operator employer or game operator has:

(1) Not complied with the application process set forth in this section and Pari 1214.03; or

(2) Not complied with the requirements specified in Pari 1214.01 through Pari 1214.07.

(g) If the commission denies an application, the commission’s written notification pursuant to (d) above shall specify the reason(s) for denial.

(h) The game operator employer or game operator may request a hearing to appeal the denial as specified in RSA 287-D:7.

Source. #8691, INTERIM, eff 7-25-06; ss by #8804, eff 1-20-07; ss by #9281, INTERIM, eff 9-24-08, EXPIRES: 3-23-09; ss by #9413, eff 3-12-09

Pari 1214.03 Expiration of a Game Operator License.

(a) A license for a game operator employer or a game operator issued pursuant to this part shall expire:

(1) On December 31; or

(2) Upon revocation of the license by the commission as specified in RSA 287-D:6 and Pari 1215.02.

(b) A game operator employer shall not be hired to operate and a game operator shall not participate in the operation of any games of chance if the game operator employer’s or game operator’s license has:

(1) Expired as specified in (a) above;

(2) Been suspended pursuant to Pari 1215.01; or

(3) Been denied pursuant to Pari 1214.01(f).

Source. #8691, INTERIM, eff 7-25-06; ss by #8804, eff 1-20-07; ss by #9281, INTERIM, eff 9-24-08, EXPIRES: 3-23-09; ss by #9413, eff 3-12-09

Pari 1214.04 Applications for a Game Operator License.

(a) Each game operator employer applying for a game operator license shall submit to the commission a “Game Operator Employer Application for a Game Operator License” form.

(b) An executive officer for the applicant pursuant to (a) above shall:

(1) Provide the officer’s 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 in this application and any attachments to it is true, accurate and complete and that there are no willful misrepresentations in or falsifications of the above statements and answers to questions. If an investigation discloses such misrepresentations or falsifications, this application may be rejected or any license issued pursuant to it may be revoked or suspended. By signing this document, the games of chance employer agrees to abide by all applicable New Hampshire games of chance laws and rules.”

(c) Each primary game operator applying for a game operator license shall submit to the commission a “Primary Game Operator Application for a Game Operator License” form.

(d) Each secondary game operator applying for a game operator license shall submit to the commission a “Secondary Game Operator Application for a Game Operator License” form provided by the commission.

(e) The applicant pursuant to (c) or (d) above shall:

(1) Provide the applicant’s 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 in this application and any attachments to it is true, accurate and complete and that there are no willful misrepresentations in or falsifications of the above statements and answers to questions. If an investigation discloses such misrepresentations or falsifications, this application may be rejected or any license issued pursuant to it may be revoked or suspended. By signing this document, the game operator agrees to abide by all applicable New Hampshire games of chance laws and rules.”

(f) The game operator employer shall:

(1) File a fully completed license application form as required by (a) above, with the commission;

(2) Pursuant to RSA 287-D:2-c, V, submit a bond payable to the commission conditioned upon the licensee's compliance with the rules of the commission;

(3) Submit a list of all employees and executive officers including name and address; and

(4) Meet the requirements for licensure under RSA 287-D:2-c and this part.

(g) The game operator employer shall update the list required pursuant to (f)(3) above within 5 business days of an employee being hired or no longer working for the employer.

(h) If a primary or secondary game operator is no longer working for the employer, the game operator’s badge shall be immediately returned to the commission.

(i) The primary game operator shall:

(1) File a fully completed license application form as required by (c) above, with the commission;

(2) Pursuant to RSA 287-D:2-c, V, submit a bond payable to the commission conditioned upon the licensee's compliance with the rules of the commission, if not already provided by the game operator employer;

(3) Pursuant to RSA 287-D:2-d, III, submit the licensing fee of $500.00;

(4) Submit a New Hampshire department of safety, division of state police, criminal record release authorization form as required by RSA 287-D:8, I and the fee required by Saf-C 5703.06(a);

(5) Submit 2 photographs meeting passport standards;

(6) Submit one set of fingerprints:

a. On a form FD-258, FBI Fingerprint Card to the commission;

b. By Live scan to the New Hampshire department of safety; or

c. By Livescan to a qualified law enforcement agency;

(7) Pursuant to RSA 287-D:2-d, VII, submit a badge fee of $10.00; and

(8) Meet the requirements for licensure under RSA 287-D:2-c and this part.

(j) The secondary game operator shall:

(1) File a fully completed license application form as required by (d) above, as applicable, with the commission;

(2) Pursuant to RSA 287-D:2-c, V, submit a bond payable to the commission conditioned upon the licensee's compliance with the rules of the commission, unless the bond is posted by the operator’s employer, if any, as part of the game operator employer or primary game operator application;

(3) Pursuant to RSA 287-D:2-d, III, submit the licensing fee of $30;

(4) Submit a New Hampshire department of safety, division of state police, criminal record release authorization form as required by RSA 287-D:8, I and the fee required by Saf-C 5703.06(a);

(5) Submit 2 photographs meeting passport standards;

(6) Submit one set of fingerprints:

a. On a form FD-258, FBI Fingerprint Card to the commission;

b. By Livescan to the New Hampshire department of safety; or

c. By Livescan to a qualified law enforcement agency;

(7) Pursuant to RSA 287-D:2-d, VII, submit a badge fee of $10.00; and

(8) Meet the requirements for licensure under RSA 287-D:2-c and this part.

(k) If at any time a game operator employer or game operator application is pending, or at any time a game operator license is in effect, any of the information provided on or with a game operator employer or game operator license application under this section changes, or if the information becomes or is discovered to be inaccurate, the game operator employer or game operator shall, within 15 days of the occurrence of the event resulting in the change, file with the commission a new, corrected application form or provide supporting documentation containing the correct information.

(l) A primary or secondary game operator shall pay a badge fee of $10 for any replacement badge that the commission issues.

(m) The primary or secondary game operator shall pay a fee in the amount established by the Federal Bureau of Investigation for submission of fingerprints pursuant to (i) or (j) above.

(n) The primary or secondary game operator shall pay the fee specified in (m) above by:

(1) For submission specified in (i)(6)a., (j)(6)a., (i)(6)c. or (j)(6)c., attaching to the card or Livescan receipt, as appropriate, a check for the fee amount; or

(2) For submission specified in (i)(6)b. or direct payment of the fee to the agency performing the Livescan.

(o) The commission shall determine the amount of the bond required pursuant to (f)(2), (i)(2) or (j)(2) based on each game operator or game operator employer’s financial liability for amounts owed to the state pursuant to RSA 287-D:3, IX and X and to charitable organizations pursuant to RSA 287-D:3, VIII.

Source. #8691, INTERIM, eff 7-25-06; ss by #8804, eff 1-20-07; ss by #9281, INTERIM, eff 9-24-08, EXPIRES: 3-23-09; ss by #9413, eff 3-12-09

PART Pari 1215 GAMES OF CHANCE FACILITY LICENSES

Pari 1215.01 Games of Chance Facility License Required.

(a) Prior to any charitable organization conducting any games of chance at a games of chance facility, the games of chance facility shall apply to the commission for a games of chance facility license as required by Pari 1215.04.

(b) Applicants for a games of chance facility license shall submit an application to the commission at least 30 days prior to any games of chance being conducted in the facility.

Source. #8691, INTERIM, eff 7-25-06; ss by #8804, eff 1-20-07; amd by #9413, eff 3-12-09

Pari 1215.02 Application Procedures for a Games of Chance Facility License.

(a) If the commission, for the purpose of determining the applicant’s qualifications for licensure, requires any information or documents additional to the materials submitted by the applicant under Pari 1215.02, the commission shall:

(1) Notify the applicant in writing or by telephone within 5 days of the date the application is on file with the commission; and

(2) Specify the information or documents which the applicant is required to submit.

(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 pursuant to Pari 1215.04; and

(2) The license fee pursuant to RSA 287-D:2-d, II.

(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 or the date that additional information is received by the commission from the applicant.

(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 1215.03; and

(2) Complied with the requirements specified in Pari 1215.01 through Pari 1215.07.

(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 1215.03; or

(2) Not complied with the requirements specified in Pari 1215.01 through Pari 1215.07.

(g) If the commission denies an application, the commission’s written notification pursuant to (d) above shall specify the reason(s) for denial.

(h) The applicant may request a hearing to appeal the denial as specified in RSA 287-D:7.

Source. #8691, INTERIM, eff 7-25-06; ss by #8804, eff 1-20-07

Pari 1215.03 Expiration of a Games of Chance Facility License.

(a) A license for a games of chance facility issued pursuant to this part shall expire on June 30.

(b) Games of chance shall not be conducted by any charitable organization at a games of chance facility if the facility’s license has:

(1) Expired as specified in (a) above;

(2) Been suspended pursuant to Pari 1216.01;

(3) Been revoked pursuant to Pari 1216.02; or

(4) Been denied pursuant to Pari 1215.01(f).

Source. #8691, INTERIM, eff 7-25-06; ss by #8804, eff 1-20-07

Pari 1215.04 Application for a Games of Chance Facility License.

(a) Each applicant for a games of chance facility license shall submit to the commission an “Application for Games of Chance Facility License” form.

(b) The games of chance facility owner(s) shall:

(1) Provide the owner’s name, in print;

(2) Sign and date the form; and

(3) Certify to the following preprinted statement:

“I, the undersigned applicant, 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) Each person listed on the application form shall submit to the commission with the games of chance facility application a New Hampshire department of safety, division of state police, criminal record release authorization form as required by RSA 287-D:8, I and the fee required by Saf-C 5703.06(a).

Source. #8691, INTERIM, eff 7-25-06; ss by #8804, eff 1-20-07; amd by #8921, eff 6-27-07; amd by #9413, eff 3-12-09

Pari 1215.05 Games of Chance Facility License Display. Licenses to operate a games of chance facility shall be prominently displayed in the public area where the games of chance are conducted.

Source. #8691, INTERIM, eff 7-25-06; ss by #8804, eff 1-20-07

Pari 1215.06 Effect of a Games of Chance Facility License Revocation or Suspension. If a games of chance facility license is revoked or suspended pursuant to Pari 1216, no charitable organization shall hold games of chance at that location during the period of the revocation or suspension.

Source. #8691, INTERIM, eff 7-25-06; ss by #8804, eff 1-20-07

Pari 1215.07 Games of Chance Facility Rentals.

(a) The amount of the games of chance facility rental to the charitable organization shall comply with the requirements of RSA 287-D:3, VI and RSA 287-D:3, VII.

(b) The games of chance facility shall provide, as part of the facility rental fee, the following items and services to the charitable organization:

(1) Facility space;

(2) Heat, lights and restroom facilities sufficient for the seating capacity of the facility;

(3) Snow removal; and

(4) Trash removal and overall janitorial services sufficient to return the facility 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)(1) through (b)(5) 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 facility 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 facility.

(d) All amended or renewed lease agreements shall be filed with the commission prior to the contract being presented to the charitable organizations for the organizations’ signature. The licensee shall certify that all rental contracts comply with stipulations contained in (a) above.

(e) The games of chance facility shall:

(1) Submit all amended or renewed lease agreements to the commission prior to the agreement being presented to the charitable organizations for the organizations’ signature; and

(2) Certify that all lease agreements comply with stipulations contained in (a) above.

(f) If the games of chance facility 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. #8691, INTERIM, eff 7-25-06; ss by #8804, eff 1-20-07; amd by #8921, eff 6-27-07; amd by #9413, eff 3-12-09

Pari 1215.08 Facility License Exemption.

(a) Pursuant to RSA 287-D:2-a, VI, a games of chance facility where games of chance are held for no than 4 game dates per calendar year shall be exempt from the licensing requirement of this part.

(b) A games of chance facility shall submit a request for facility exemption including the following information to the commission at least 30 days prior to holding any games of chance:

(1) Name of the facility;

(2) Location of the facility;

(3) Game date(s) proposed;

(4) Game date(s) already held; and

(5) Name of the charitable organization(s) sponsoring the games of chance on the game date(s) proposed and already held.

(c) A request for facility exemption may be submitted separately for each game date up to 4 per calendar year individually or all in one request.

(d) If the commission requires any additional information or documents to determine eligibility for an exemption from licensing, the commission shall:

(1) Notify the facility in writing or by telephone within 5 days of the date the request is on file with the commission; and

(2) Specify the information or documents which the facility is required to submit.

(e) If required pursuant to (d) above, the facility shall submit any additional information or documents requested by the commission within 5 days of receipt of the notification.

(f) A request shall be considered to be on file with the commission on the first date that the commission has received all the information specified in (b) above and any additional materials required by (d) above.

(g) The commission shall notify the facility in writing within 15 days of the date that the submission is on file with the commission or the date that additional information is received by the commission from the applicant.

(h) The commission shall approve the request if the facility has:

(1) Held no more than 4 game dates within the calendar year; and

(2) Complied with all other facility requirements specified in this chapter and RSA 287-D.

(i) The commission shall deny the request if the facility has:

(1) Already held 4 game dates within the calendar year; or

(2) Not complied with all other facility requirements specified in this chapter and RSA 287-D.

(j) If the commission denies a request, the commission’s written notification pursuant to (g) above shall specify the reason(s) for denial.

(k) The facility may request a hearing to appeal the denial as specified in RSA 287-D:7.

Source. #9281, INTERIM, eff 9-24-08, EXPIRES: 3-23-09; ss by #9413, eff 3-12-09

PART Pari 1216 SUSPENSION AND REVOCATION OF A GAMES OF CHANCE LICENSE

Pari 1216.01 Suspension of a Games of Chance License.

(a) Pursuant to RSA 287-D:6, III, the commission shall suspend a license issued pursuant to this chapter if a charitable organization, game operator or games of chance facility fails to:

(1) Comply with any requirement specified in this chapter or in RSA 287-D;

(2) Comply with an administrative order issued by the commission; or

(3) Pay any administrative fine.

(b) If the commission intends to suspend a license issued pursuant to this chapter, the commission shall provide written notice to the charitable organization, game operator or games of chance facility 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 (2) above within the deadline specified in (3) above may result in revocation of the license pursuant to Pari 1216.02.

(c) The licensee shall have 5 days from the date of the notice pursuant to (b) above to request a hearing pursuant to Pari 200.

Source. #8691, INTERIM, eff 7-25-06; ss by #8804, eff 1-20-07; amd by #9281, INTERIM, eff 9-24-08, EXPIRES: 3-23-09; amd by #9413, eff 3-12-09

Pari 1216.02 Revocation of a Games of Chance License.

(a) Pursuant to RSA 287-D:6, III, the commission shall revoke a license issued pursuant to this chapter if a charitable organization, game operator, game operator employer or games of chance facility fails to:

(1) Comply with any requirement specified in this chapter or in RSA 287-D;

(2) Comply with an administrative order issued by the commission; or

(3) Pay any administrative fine.

(b) If the commission intends to revokes a license issued pursuant to this chapter, the commission shall provide written notice to the charitable organization, game operator or games of chance facility 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) The licensee shall have 5 days from the date of the notice pursuant to (b) above to request a hearing pursuant to Pari 200.

Source. #8691, INTERIM, eff 7-25-06; ss by #8804, eff 1-20-07; amd by #9281, INTERIM, eff 9-24-08, EXPIRES: 3-23-09; amd by #9413, eff 3-12-09

PART Pari 1217 ORDERS, FINES AND PENALTIES

Pari 1217.01 Orders, Fines and Penalties Procedures.

(a) For the purposes of this part, “administrative action” means the final disposition of any violation which results in a verbal warning, letter of warning, administrative order, administrative fine, a suspension, a revocation, a referral to the attorney general’s office or any combination of those.

(b) A charitable organization, game operator, game operator employer or games of chance facility which fails to comply with any requirement specified in this chapter or in RSA 287-D shall be subject to an administrative action pursuant to RSA 287-D:6, this part and Pari 1216.

(1) Discuss the problem and corrective action with the games of chance licensee, game operator or other person in charge of a facility or games of chance, as appropriate; and

(2) Note on the inspection form that a verbal warning was given with a brief description of what was found.

(d) Upon detecting a violation under this chapter or RSA 287-D, an investigator shall:

(1) Discuss the violation with the games of chance licensee, game operator or other person in charge of a facility or games of chance, as appropriate;

(2) Note on the inspection form the violation that was found; and

(3) Issue a written response to the games of chance licensee, game operator or other person in charge of a facility or games of chance, as appropriate.

(e) The written response specified in (d)(3) shall be:

(1) An administrative order requiring corrective action to be taken to remedy the violation; or

(2) A letter of warning specifying that:

a. No further action is required;

b. A hearing will be held pursuant to Pari 200 and RSA 541-A to determine if an administrative fine will be imposed and the amount of the fine; or

c. The matter is being referred to the attorney general’s office.

(f) If a letter of warning is issued pursuant to (e)(2) above, the letter shall include the following:

(1) Licensee’s, operator’s or other person’s name and address;

(2) A description of the violation that has been committed;

(3) The statute or rule number that has been violated;

(4) The date and time of the violation; and

(5) A notice of which action specified in (e)(2) above will be taken.

(g) If a hearing is held regarding a violation, the commission shall:

(1) Hear all evidence presented;

(2) Hear any aggravating or mitigating circumstances;

(3) Determine, based on the preponderance of evidence present at hearing, whether the violation alleged in the letter of warning occurred; and

(4) If the violation was:

a. Proven:

1. Consider the aggravating and mitigating circumstances presented;

2. Consider the licensee’s record of past violations;

3. Consider any adverse impact of the violation on the integrity of games of chance;

4. Consider any beneficial economic impact gained from the violation by the licensee;

5. Consider any negative economic impact to the revenues paid to the charitable organization or state treasurer; and

6. Impose an appropriate penalty considering all circumstances subject to the limitations specified in RSA 287-D:6; or

b. Not proven, dismiss the case.

(h) All administrative fines imposed by the commission shall be paid within 5 days of receipt of the final order pursuant to Pari 202.

Source. #9281, INTERIM, eff 9-24-08, EXPIRES: 3-23-09; ss by #9413, eff 3-12-09

PART Pari 1218 AMOUNTS COLLECTED PURSUANT TO RSA 287-D:3, IX and RSA 287-D:3, X

Pari 1218.01 Calculation of Amounts Collected Pursuant to RSA 287-D:3, IX and RSA 287-D:3, X When a Charitable Organization Operates the Games of Chance without a Game Operator.

(a) For all games of chance where chips have monetary value and the charitable organization collects a rake, the charitable organization shall deduct 10% from the total amount of the rake collected from all such tables per game date.

(b) For all games of chance where chips have monetary value and the charitable organization does not collect a rake, the charitable organization shall deduct 10% from the total amount of all house winnings and all other monies collected from players not paid out as prizes for all such tables per game date.

(c) For all games of chance where chips have no monetary value, the amount to be collected pursuant to RSA 287-D:3, IX shall be determined by multiplying the total amount collected from players, including but not limited to buy-ins and re-buys, per game date by 3%.

(d) The charitable organization shall deduct the amount calculated in (b) above from the total amount per game date of all monies received from the games, including but not limited to buy-ins and re-buys, minus the amount of prizes paid.

(e) The charitable organization shall submit to the commission on a “State Revenue Invoice for Games of Chance” form each amount collected pursuant to (a), (b) and (c) and a total amount to be paid to the commission.

(f) The amount calculated by the charitable organization pursuant to (a), (b) and (c) above shall:

(1) Not be less than zero per game date;

(2) Be paid by separate check, including the charitable organization’s identification number, for each game date from the account specified in RSA 287-D:2-a, VII(e); and

(3) Be submitted to the commission within 5 business days of each game date.

Source. #9281, INTERIM, eff 9-24-08, EXPIRES: 3-23-09; ss by #9413, eff 3-12-09

Pari 1218.02 Calculation of Amounts Collected Pursuant to RSA 287-D:3, IX and RSA 287-D:3, X When a Game Operator has been Hired to Operate the Games.

(a) For all games of chance where chips have monetary value and the game operator collects a rake, the total amount of the rake collected from all such tables per game date shall be allocated as follows:

(1) Pursuant to RSA 287-D:3, VIII, 35% for the charitable organization sponsoring the event;

(2) Pursuant to RSA 287-D:3, X, 10% for the state treasurer; and

(3) The remaining 55% for all expenses from the games of chance including but not limited to game operator fees, facility rental fees and equipment fees.

(b) For all games of chance where chips have monetary value per game date and the game operator does not collect a rake, the total amount of all house winnings and all other monies received from players not paid out as prizes collected from all such tables per game date shall be allocated as follows:

(1) Pursuant to RSA 287-D:3, VIII, 35% for the charitable organization sponsoring the event;

(2) Pursuant to RSA 287-D:3, X, 10% for the state treasurer; and

(3) The remaining 55% for all expenses from the games of chance including but not limited to game operator fees, facility rental fees and equipment fees.

(c) For all games of chance where chips have no monetary value, the amount to be collected by the game operator pursuant to RSA 287-D:3, IX shall be determined by multiplying the total amount collected per game date from players, including but not limited to buy-ins and re-buys, by 3%.

(d) For all games of chance where chips have no monetary value, the total amount per game date of all monies received from the games including but not limited to buy-ins and re-buys minus the amount of prizes paid shall be allocated as follows:

(1) Pursuant to RSA 287-D:3, VIII, 35% for the charitable organization sponsoring the event; and

(2) The remaining 65% for the amount specified in (b) above and all expenses from the games of chance including but not limited to game operator fees, facility rental fees and equipment fees.

(e) The game operator shall submit to the commission on a “State Revenue Invoice for Games of Chance” form each amount collected pursuant to (a)(2), (b)(2) and (c) and a total amount to be paid to the commission.

(f) The total amount calculated by the game operator pursuant to (a)(2), (b)(2) and (c) above shall:

(1) Not be less than zero per game date;

(2) Be paid by separate check, including the charitable organization’s identification number, for each game date from the account specified in RSA 287-D:2-c, VI; and

(3) Be submitted to the commission within 5 business days of each game date.

Source. #9281, INTERIM, eff 9-24-08, EXPIRES: 3-23-09; ss by #9413, eff 3-12-09

APPENDIX

RULE	SPECIFIC STATE STATUTE THE RULE IMPLEMENTS

Pari 1201	RSA 287-D:1-b, XIII
Pari 1202	RSA 287-D:1-b, XIII
Pari 1203	RSA 287-D:2, II
Pari 1204	RSA 287-D:1-b, I; RSA 287-D:2-a; RSA 287-D:2-d, I
Pari 1205	RSA 287-D:1-b, II and XI; RSA 287-D:2-a; RSA 287-D:2-d, I; RSA 287-D:8
Pari 1206 (repealed)	RSA 287-D:1-b, II; RSA 287-D:2-a
Pari 1207	RSA 287-D:1-b, II; RSA 287-D:2-a
Pari 1208	RSA 287-D:1-b, IX and XIII
Pari 1209	RSA 287-D:1-b, IX and XIII
Pari 1210	RSA 287-D:1-b, VI; RSA 287-D:2-b
Pari 1210.01	RSA 287-D:1-b, VI; RSA 287-D:2-b; RSA 287-D:5; RSA 287-D:3, V
Pari 1211	RSA 287-D:1-b, IX and XIII
Pari 1212	RSA 287-D:1-b, IX; RSA 287-D:5; RSA 287-D:2-a, VII(e); RSA 287-D:2-c, VI
Pari 1213	RSA 287-D:1-b, IX; RSA 287-D:5
Pari 1214	RSA 287-D:1-b, III, IV, IX and XI; RSA 287-D:2-c; RSA 287-D:2-d, III; RSA 287-D:8
Pari 1215	RSA 287-D:1-b, VII and IV; RSA 287-D:2-a, VI; RSA 287-D:2-d, II
Pari 1216	RSA 287-D:1-b, X; RSA 287-D:6
Pari 1216.01 and 1216.02	RSA 287-D:1-b, X and XII-a; RSA 287-D:6
Pari 1217	RSA 287-D:6; RSA 287-D:1-b, XII-b
Pari 1218	RSA 287-D:3, IX and X; RSA 287-D:1-b, XII-b