GAMES, AMUSEMENTS, AND ATHLETIC EXHIBITIONS
BINGO AND LUCKY 7
287-E:7 Operation of Bingo Games.
Except as otherwise provided in RSA 287-E:10-13:
I. (a) Only bona fide members of charitable organizations shall operate bingo games; except that, if all bona fide members of a charitable organization are under 18 years of age, adult officers or directors of the charitable organization or parents or legal guardians of bona fide minor members, who have been authorized by the officers or directors of the charitable organization, shall operate the games. Proof of bona fide membership shall be required.
(b) Notwithstanding subparagraph (a), if, by reason of the established criteria for membership, all bona fide members of the charitable organization are physically or mentally disabled, or both, the officers, directors, or authorized officials of the charitable organization may designate individuals to conduct the operation of bingo games on behalf of said charitable organization. Individuals so designated are subject to all applicable provisions of this chapter, and the designation of such individuals is subject to the approval of the commission.
(c) Notwithstanding subparagraph (a), all charitable organizations that conduct bingo games for charitable purposes may allow spouses, sons, and daughters of bona fide members who are at least 18 years of age to assist with the operation of the bingo games.
II. (a) No compensation shall be paid to bona fide members of a charitable organization or others, except as provided in subparagraph (b), who operate or assist in the operation of a bingo game. Compensation shall include, but is not necessarily limited to, money or any other thing of value. Bona fide members of a charitable organization who operate or assist in the operation of bingo games may be reimbursed for their out-of-pocket expenses in an amount not to exceed $25 per game date, provided that such expenses are itemized and submitted in writing to the charitable organization.
(b) No compensation shall be paid to any person or entity for services described in RSA 287-E:1, VI-b unless the individual or entity is licensed by the commission as a gaming consultant, and the services to be provided are agreed to in advance in writing by the charitable organization and submitted to the commission. Participation in and charges for such activities shall be solely at the discretion of the charitable organization. Failure to participate in any of these activities shall not constitute grounds for expulsion from any hall where bingo games are held or lucky 7 tickets are sold.
III. No one under the age of 18 years shall be admitted to the premises on which bingo games are being conducted, except when the bingo games are being conducted at a carnival. Proof of age shall be produced upon request of the commission. When bingo games are conducted at a carnival, persons under the age of 18 years may be admitted to the premises on which the bingo games are being conducted when accompanied and supervised by a parent or legal guardian; but persons under the age of 18 shall not be permitted to play bingo at a carnival.
IV. No bingo games shall be conducted prior to 11:00 a.m. or after 11:00 p.m. on any day.
V. No person who has leased out a facility or sold or leased bingo paraphernalia or related equipment to a charitable organization for use during bingo games shall participate or play in any game conducted at that location on that date. The chairperson or treasurer of a charitable organization may operate or assist in the operation of a bingo game conducted by his or her charitable organization; however, each chairperson or treasurer may not play in or assist in the playing of any game conducted at that locality on that date.
V-a. A person who volunteers to assist in the operation of a bingo game may play bingo after assisting with the operation of the game; provided that once a person has played bingo on a given date, that person may no longer assist with the operation of the bingo game on that date.
VI. No person who has been convicted of a felony or class A misdemeanor within the previous 10 years which has not been annulled by a court, or a class B misdemeanor within the past 5 years which has not been annulled by a court, or who has violated any of the statutes or rules governing charitable gambling in the past in this or any other state shall operate a bingo game or participate in the sale of lucky 7 tickets licensed under this chapter, or rent, lease, sublease, or otherwise provide any hall or bingo paraphernalia for the conduct of bingo licensed under this chapter.
VII. No charitable organization shall act as an agent for operating bingo games when it is unlawful for the charitable organization's principal to conduct bingo games.
VIII. The price to be paid for a single bingo card shall be established by rules adopted by the commission.
IX. No fee shall be charged for admission to bingo games.
X. Raffles permitted under RSA 287-A and RSA 287-D may be conducted at the same time and in the same place as a bingo game licensed under this chapter.
XI. Except as provided in paragraphs XIII and XV, all prizes, tokens, or awards used, given, offered or awarded in connection with any game or series of games conducted on one game date shall not exceed the total value of $4,000, up to $500 of which may be provided by the commercial hall.
XII. All bingo game paraphernalia or related equipment used in conducting bingo games shall be subject to inspection and approval by the commission.
XIII. During any game or series of games conducted on any one game date by a charitable organization, no more than 4 winner take all games may be conducted in which the total amount paid by the players shall be divided among the winners of that game, provided that:
(a) Winners may be awarded prizes when predetermined designs are completed; however, no more than 75 numbers shall be called in the game, and no number may be called more than once.
(b)(1) All money collected from the participants in such game or games shall be collected and counted, and shall be kept separately from all other moneys collected by the charitable organization during the bingo games conducted on the premises, and shall comply with the accounting provisions under RSA 287-E:9.
(2) If the commission determines that a charitable organization is not complying with subparagraph (1), the commission may order the charitable organization to exclude winner take all games from its game packages, until the charitable organization institutes written procedures, acceptable to the commission, regarding the accounting of winner take all games.
(c) The total amount collected from the participants shall be publicly announced and shall be recorded by an officer, director or authorized official of the charitable organization.
(d) The total amount awarded in the game shall not exceed 86 percent of the total amount collected from the participants in the game.
(e) A game reimbursement fee equal to 7 percent of the total amount collected from participants in any winner take all game shall be paid to the charitable organization operating the game.
(f) Winner take all games may be played as progressive games.
(g) Winner take all games may offer a predetermined bonus not to exceed $3,000.
XV. A progressive coverall game:
(a) May be played once during any given game date;
(b) Shall be played on the second or last coverall;
(c) Shall not have a total of prize and bonus combined exceeding $3,000; and
(d) May offer a predetermined consolation prize to the game winner who first achieves coverall.
XVI. A carry-over coverall game or a shared carry-over coverall game:
(a) May be played once during any given game date.
(b) Notwithstanding any other law to the contrary, may allow prize money to accumulate until there is a winner.
(c) Shall award a predetermined consolation prize to the game winner who first achieves coverall, the consolation prize is paid from the accumulated carry-over.
(d) Shall award a prize which shall be taxed under RSA 287-E:8.
Source. 1983, 417:1. 1985, 295:11, 12; 374:2. 1986, 67:2, 3. 1989, 340:1. 1990, 35:1; 123:2; 140:2, X. 1991, 271:2; 276:2; 345:1. 1994, 221:1. 1995, 300:2. 1999, 241:1. 2000, 171:1. 2002, 157:1, 2. 2003, 315:4. 2005, 121:1. 2007, 280:1. 2010, 190:10, 11, 13. 2011, 259:11. 2014, 191:5-11, eff. Sept. 9, 2014. 2016, 10:4, eff. Sept. 14, 2016; 313:3, eff. Aug. 23, 2016. 2018, 300:4, eff. Aug. 24, 2018.