TITLE XXIV
GAMES, AMUSEMENTS, AND ATHLETIC EXHIBITIONS

Chapter 287-E
BINGO AND LUCKY 7

Section 287-E:1

    287-E:1 Definitions. –
I. "Bingo" means any game, by whatever name called, in which a prize is offered to the person first covering squares in a predetermined design on a card marked into squares for that purpose. "Bingo" shall not include any game involving a slot machine or any other device in the nature of a slot machine.
II. "Bona fide guest" means any person who has paid the fee established by a private campground for utilization of a designated space for purposes of recreational camping, and invited guests and members of the family of such person. "Bona fide guest" shall not include the owner, operator or employees of the private campground, or the families of such persons, or persons invited to the private campground by the owner, operator or employees of the private campground for the purpose of participating in bingo games.
III. "Bona fide member" means a person who has held full and regular membership in the charitable organization for a period of not less than 60 days immediately prior to the bingo games in which such person intends to participate. To qualify as a "full and regular" member of a charitable organization, a person shall:
(a) Satisfy all criteria for membership in the charitable organization.
(b) Pay all lawful fees or dues required by the charitable organization.
(c) Not have become a member solely for the purpose of operating bingo games.
III-a. "Bonus" means a monetary prize provided by the charitable organization that is awarded in addition to prizes derived from moneys paid by players.
IV. "Carnival" means an event sponsored by a charitable organization at which various rides and amusements are offered and the profits of which are to be used to further the charitable purposes of the charitable organization.
IV-a. "Carry-over coverall" means a bingo game in which a prize is awarded to the player who achieves coverall within 50 or fewer balls. If no player achieves coverall, the prize accumulates and is rolled over to successive game dates.
V. (a) "Charitable organization" means any bona fide religious, charitable, civic, veterans', fraternal, or church organization, including police and firemen's organizations and houses of worship which shall have been registered with the secretary of state for at least one year and in existence and organized under the laws of this state for at least one year in a town or city in this state. To be eligible for licensure under this chapter, a charitable organization shall do all of the following:
(1) Document that the organization has tax exempt status under Internal Revenue Code section 501(c)(3) 501(c)(4), 501(c)(7), 501(c)(8), 501(c)(10), or 501(c)(19) or is covered under a group ruling issued by the Internal Revenue Service under the authority of those sections.
(2) Establish that the religious, civic, fraternal, veterans, or charitable purposes for which it was organized, other than charitable gambling, are furthered through activities conducted in the town or city in which the charitable organization is organized.
(3) Document registration with the secretary of state for at least one year and, if required under RSA 7:19-32-a, with the director of charitable trusts.
(4) Maintain a current list of bona fide members.
(b) A charitable organization shall not include auxiliary units, committees or other entities organized under the auspices of a charitable organization eligible for licensure under this chapter, when such auxiliary unit, committee, or other entity is organized for the primary purpose of conducting bingo games or Lucky 7.
V-a. "Commercial hall" means any hall owned or leased by an individual, corporation, realty trust, partnership, association, or any other person who rents or leases the hall 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.
VI. "Commission" means the state lottery commission.
VI-a. "Coverall" means a bingo game with 75 consecutively numbered balls drawn randomly in which a prize is awarded to the first player who covers all 24 numbers on a card.
VI-b. "Gaming consultant" means any individual or business entity who is hired by or otherwise receives compensation from a charitable organization to provide gaming related services including consultation, management, assistance with the operation of the bingo games or the sale of lucky 7 tickets, record keeping, filing forms with the commission, advertising, or security and who handles, manages, oversees, or disburses any of the funds derived from the operation of the charitable games.
VII. "Hotel" means "hotel" as defined in RSA 78-A:3.
VIII. "Private campground" means privately owned property, open to the public upon payment of a fee, which has been divided into 10 or more defined spaces upon which tents may be erected or recreational vehicles may be parked for the purposes of recreational camping. "Private campground" shall not include manufactured housing parks as defined in RSA 205-A:1 or recreational camps as defined in RSA 149:20.
IX. "Progressive" means a variation to any bingo game wherein a player receives a prize for achieving coverall in 50 or fewer balls drawn and if no player achieves coverall within 50 or fewer balls drawn, the number of balls drawn shall be increased one ball per game date, until it reaches the maximum of 60 balls, where it shall remain until the prize is awarded.
X. "Shared carry-over coverall" means a carry-over coverall bingo game conducted at a host hall and exhibited simultaneously to at least one participating hall by means of an electronic simulcast feed for the purpose of playing for a common jackpot with the conduct of the game at the host hall under rules adopted by the commission under RSA 541-A. "Host hall" means a commercial hall or charitable organization approved by the commission where a shared carry-over coverall bingo game originates. "Participating hall" means a commercial hall or charitable organization approved by the commission that receives a simulcast of the shared carry-over coverall played at the host hall.

Source. 1983, 417:1. 1998, 59:1. 2001, 206:1. 2004, 97:8; 257:10. 2007, 280:4. 2008, 25:1. 2011, 259:28. 2014, 191:1-4. 2015, 276:127, eff. July 1, 2015. 2016, 10:1, eff. Sept. 14, 2016. 2018, 300:1, eff. Aug. 24, 2018. 2019, 304:10, eff. Jan. 1, 2020. 2021, 174:3, eff. Sept. 28, 2021.

Bingo Games

Section 287-E:2

    287-E:2 Administration and Enforcement. – The lottery commission shall administer and enforce this subdivision relating to bingo.

Source. 1983, 417:1. 1986, 67:10. 2004, 97:8; 257:11. 2008, 25:1. 2015, 276:127, eff. July 1, 2015.

Section 287-E:3

    287-E:3 Rulemaking. –
The commission shall adopt rules, pursuant to RSA 541-A, relative to:
I. The application procedure for bingo licenses.
II. Information to be required on license applications.
II-a. The application procedure for distributor and manufacturer licenses under RSA 287-E:8-a.
III. [Repealed.]
IV. Procedures for a hearing following the revocation of a license and the imposition of administrative orders and fines.
V. The operation of bingo games.
VI. Bingo games conducted by senior citizens' organizations.
VII. The price for a single card or play in bingo games.
VIII. Bingo games at agricultural fairs.
IX. The rental of facilities and the leasing of equipment for use in bingo games.
X. Bingo games at campgrounds and hotels.
XI. The definition of salaried employees of veterans and fraternal organizations who may sell lucky 7 tickets.
XII. Accountability controls to ensure game integrity, including, but not limited to, cash, attendance, prizes, income, expense and financial reporting, and record-keeping to be implemented by licensed charitable organizations in addition to the requirements set forth in RSA 287-E:9.
XIII. Package games.
XIV. A carry-over coverall game or a shared carry-over coverall game, including the application process for host halls.
XV. Other matters related to the proper administration of this chapter.
XVI. The issuance of subpoenas pursuant to RSA 287-E:14-a.
XVII. The licensing procedure for gaming consultants.

Source. 1983, 417:1. 1985, 295:5. 1986, 67:21. 1997, 328:1. 2015, 276:129, 130, eff. July 1, 2015. 2016, 10:2, eff. Sept. 14, 2016. 2018, 300:2, eff. Aug. 24, 2018.

Section 287-E:3-a

    287-E:3-a Repealed by 2010, 190:14, I, eff. Jan. 1, 2011. –

Section 287-E:4

    287-E:4 License Fees. –
I. Except as otherwise provided in RSA 287-E:10-13, the bingo license application fee shall be $25 per day.
II. Such fee shall be submitted to the commission at the time the application for a bingo license is filed and, shall be refunded if the application is denied.
II-a. The license fee for a commercial premises bingo license under RSA 287-E:5, VI shall be $250 per year. Such fee shall be submitted to the commission at the time the application is made and shall be refunded if the application is denied.
II-b. The license fee for a gaming consultant shall be $100 per year. Such fee shall be submitted to the commission at the time the application is made and shall be refunded if the application is denied.
III. All funds collected by the commission under this section and RSA 287-E:8 shall be deposited in the special fund established under RSA 284:21-j.

Source. 1983, 417:1. 1985, 295:9. 2011, 259:18, eff. Sept. 11, 2011. 2018, 300:3, eff. Aug. 24, 2018.

Section 287-E:5

    287-E:5 License Applications. –
I. Applications shall be submitted to the commission by an officer, director, or duly authorized official of the charitable organization. Proof of authority to submit the application on behalf of the charitable organization may be required.
II. Applications shall be made only on the forms supplied to the charitable organization by the commission.
III. No license shall be issued unless the application form is fully completed by the duly authorized officer, director, or official of the charitable organization.
IV. Applications shall be received by the commission 15 days prior to the first game date of each month. This requirement may be waived by the commission for good cause shown.
V. The applicant shall certify under oath that:
(a) The information provided on the application is accurate.
(b) Only bona fide members of the charitable organization will operate the bingo games.
(c) Neither the applicant nor any member of the charitable organization who will operate the bingo games and sell lucky 7 tickets has been convicted of a felony within the previous 10 years which has not been annulled by a court, or 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.
(d) The applicant and any member of the charitable organization who will be participating in the operation of the bingo games is aware of all statutes and rules applicable to the operation of bingo games.
VI. If a charitable organization intends to lease or rent premises for the conduct of bingo from an entity other than a charitable organization or governmental subdivision, the entity leasing or renting out the premises shall be licensed by the commission. The license shall be applied for by filing an application supplied by the commission. The commission may issue a license for a period of one year which shall expire on June 30 of each year unless sooner revoked or suspended for just cause by the commission.
VII. To be eligible for licensure under this chapter a charitable organization shall:
(a) Document that it is exempt from federal income tax.
(b) Establish that the religious, civic, fraternal, veterans, or charitable purposes for which it was organized, other than charitable gambling, are furthered through activities conducted in the town or city in which the charitable organization is organized.
(c) Register, if required under RSA 7:19-32, with the director of charitable trusts.
(d) Maintain a current list of bona fide members.

Source. 1983, 417:1. 1985, 295:10. 1987, 321:1. 1997, 328:2. 1998, 59:2. 2003, 315:3. 2005, 277:2, eff. July 22, 2005.

Section 287-E:6

    287-E:6 Licenses. –
I. Bingo licenses shall only be issued to charitable organizations which meet the requirements of RSA 287-E:5 and paragraph II of this section.
II. Except as provided in RSA 287-E:10-13, bingo licenses may be issued to a charitable organization to conduct bingo games only under the following conditions:
(a) No more than one license shall be issued to a charitable organization per calendar month, and the license shall permit no more than 16 game dates of bingo in one calendar month, and in no more than one town or city which has authorized bingo games under RSA 287-E:27. The license shall expire on the last game date authorized under said license.
(b) The provisions of subparagraph II(a) notwithstanding, a license may be issued to a charitable organization per fiscal year, and the license shall permit no more than 16 game dates of bingo in one calendar month and no more than 192 game dates of bingo in one calendar year. The license shall expire on the last game date authorized under the license. Charitable organizations electing to receive an annual license under this paragraph shall be ineligible to receive concurrently a monthly license under subparagraph II(a), and charitable organizations licensed under subparagraph II(a) shall be ineligible to receive concurrently an annual license under this subparagraph.
(c) A license shall authorize games at specific times on specific dates at specific locations and may authorize bingo games to be conducted at carnivals.
(d) No more than 2 licensed charitable organizations may conduct bingo games at any one location on any specified date.
(e) A license shall not be transferable.

Source. 1983, 417:1. 1986, 67:1. 1987, 321:2. 1991, 271:1. 1995, 300:3. 1998, 59:3, eff. May 12, 1998. 2023, 139:1, eff. June 30, 2023.

Section 287-E: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 expenses in an amount not to exceed $50 per game date, provided that such expenses are 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.
XIV. [Repealed.]
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. 2023, 139:2, eff. June 30, 2023.

Section 287-E:8

    287-E:8 Bingo Tax. – Except for bingo games licensed under RSA 287-E:10-13 and for prizes awarded under RSA 287-E:7, XV, the licensee shall pay a tax of 7 percent of the total amount collected from participants in any game conducted in accordance with RSA 287-E:7, XIII.

Source. 1983, 417:1. 1986, 67:5. 1990, 123:1, eff. May 19, 1990.

Section 287-E:8-a

    287-E:8-a Distributors and Manufacturers of Bingo Supplies and Equipment. –
The commission shall license distributors and manufacturers of bingo paper supplies, electronic bingo player systems, and lucky 7 vending machines sold, leased, or rented in this state. A distributor with a current New Hampshire license for distribution of lucky 7 tickets shall be authorized to distribute bingo paper supplies and electronic bingo player systems and lucky 7 vending machines, and shall not be required to file for licensing under this section. All bingo paper supplies, electronic bingo player systems, and lucky 7 vending machines shall be purchased, leased, or rented from a licensed distributor and manufactured by a licensed manufacturer. All bingo paper sold to charitable organizations by New Hampshire licensed distributors shall be recorded by serial numbers and listed on the charitable organization's invoices. A license shall be issued to a distributor or manufacturer under the following conditions, provided that the commission may, by rule, establish additional qualifications for licenses:
I. The applicant for a distributor's license shall pay to the commission an annual license or license renewal fee of $10,000. Such fee shall authorize the distribution of bingo paper supplies, electronic bingo player systems, and lucky 7 vending machines within the state of New Hampshire and the warehousing of bingo paper supplies, electronic bingo player systems, and lucky 7 vending machines for subsequent sale out of state. A distributor with a current New Hampshire license for distribution of lucky 7 tickets shall not be required to pay the additional licensing fee under this section.
II. The applicant shall certify that neither the applicant nor any partner, officer, or director has been convicted of a felony, which has not been annulled by any court, within 10 years from the date of application.
III. Each licensee shall post a bond in the amount of $50,000, conditioned upon the licensee's compliance with the rules of the commission. A distributor with a current New Hampshire license for distribution of lucky 7 tickets shall not be required to post the additional bond under this section.
IV. An applicant for a license as a distributor shall have a principal place of business located within this state.
V. (a) The commission shall issue a special license to manufacturers of bingo paper supplies, electronic bingo player systems, and lucky 7 vending machines leased, rented, or sold in the state. A manufacturer with a current New Hampshire license to manufacture lucky 7 tickets shall not be required to pay the additional licensing fee under this paragraph.
(b) The fee for such special license shall be $5,000 per year or for any part of a year.
VI. All financial records pertaining to carry-over coverall bingo shall be maintained by the host hall or the host hall's shared carry-over coverall service provider for a period of at least 2 years, and shall be made available to representatives of the commission or of the commissioner of safety upon request.

Source. 1997, 328:3. 1998, 90:1. 2001, 145:1, eff. June 29, 2001. 2016, 10:5, eff. Sept. 14, 2016.

Section 287-E:9

    287-E:9 Financial Reports and Inspection Required. –
I. A charitable organization which has been licensed to conduct bingo games shall submit a complete financial report to the commission for each license issued under RSA 287-E:6 within 15 days after the expiration of each license; provided, however, a complete monthly financial report shall be submitted in a timely fashion to the commission for each month covered by a license issued under RSA 287-E:6, II.
II. The financial report shall be completed by the treasurer of the charitable organization or a duly authorized officer, director, or official of the charitable organization who shall certify such accounting under oath.
III. The financial report shall include:
(a) A complete statement of revenues and expenses.
(b) A record of the amount of prizes awarded.
(c) The names and addresses of the members of the charitable organization who operated the licensed games.
(d) The name and address of any person, partnership, corporation or other entity from whom equipment used at the licensed games was rented or leased.
(e) The name and address of any person, partnership, corporation or other entity from whom premises were leased or rented to conduct the licensed games.
(f) The name and address of, and the fee paid to, any person, or business entity, who provided consulting, accounting, management, or other similar services to the organization for the operation of bingo.
IV. All charitable organizations licensed under this chapter shall maintain a separate checking account for the deposit and disbursement of all income relating to bingo and lucky 7, except cash prizes awarded at the games. All expenses shall be paid by check, or electronic funds transfers. All prizes shall be paid in compliance with Internal Revenue Service W-2G requirements and all such required documentation shall be available for inspection by the commission. There shall be no commingling of bingo and lucky 7 funds with other funds of the charitable organization. The organization shall retain all canceled checks or required documentation for the payment of expenses and prizes for at least 2 years. The organization may cash checks which it issues.
V. All financial reports filed by charitable organizations shall be maintained by the commission for a period of one year from the date of filing and shall be open to public inspection.
VI. All financial records pertaining to the operation of bingo games shall be maintained by the treasurer of the charitable organization or other duly authorized director, officer or official of the charitable organization and shall be made available to representatives of the commission or of the commissioner of safety upon request.
VII. A charitable organization which has been licensed to conduct bingo games shall maintain complete and accurate documentation of all revenues and expenses contained in the financial reports for at least 2 years from the date the financial report is filed.

Source. 1983, 417:1. 1985, 295:13. 1986, 67:6, 12. 1997, 328:4. 2003, 262:1. 2008, 44:1. 2011, 259:12, 13, eff. Sept. 11, 2011. 2022, 217:1, eff. Aug. 16, 2022.

Section 287-E:10

    287-E:10 Bingo Games at Agricultural Fairs. –
The commission may issue a bingo license to an agricultural fair eligible for benefits under RSA 284:25, subject to the following conditions:
I. Games of bingo may be conducted only on those days during which the agricultural fair holds its annual bona fide agricultural exhibition.
II. The license shall not be transferable.
III. Games shall be operated only by persons designated by the agricultural fair.
IV. When bingo games are conducted at an agricultural fair, 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 an agricultural fair. Proof of age shall be produced upon request of the commission.
V. There shall be no limit on the total value of prizes, tokens or awards given for any game or series of games.
VI. The bingo license application fee for an agricultural fair shall be $25 per day.
VII. The organization conducting any agricultural fair shall not charge any charitable organization greater ground rent, concession fee or any other fee for a location for conducting games of bingo more than that which is charged for the same or similar locations for other types of concessions on the fair grounds.
VIII. The agricultural fair shall submit a report to the commission within 15 days of the expiration of its license. The report shall include a statement of all revenues and expenses relating to bingo games, a record of all prizes awarded at bingo games, and the names and addresses of the operators of bingo games.
IX. All other provisions of RSA 287-E shall also apply to bingo games conducted at agricultural fairs.

Source. 1983, 417:1. 1985, 295:7, eff. July 1, 1985.

Section 287-E:11

    287-E:11 Senior Citizens' Bingo. –
Any senior citizens' organization in a city or town which has adopted RSA 287-E may conduct bingo games without a license under the following conditions:
I. Except as provided in paragraph IV, games of bingo shall be open only to persons 55 years of age or older, unless the rules for senior activities on the premises require a higher minimum age for admission.
II. The price to be paid for a single card or play shall not exceed $.75.
III. All prizes, tokens, or awards used, given, offered, or awarded during or in connection with this section, in any one game on any calendar day, shall not exceed a payout value of $500.
IV. Persons under 55 years of age who are assisting persons 55 years of age or older may be allowed on the premises.

Source. 1983, 417:1. 1989, 29:1. 1991, 271:3. 2000, 171:2. 2005, 121:2. 2007, 188:1, eff. Aug. 17, 2007. 2016, 170:1, eff. Aug. 2, 2016.

Section 287-E:12

    287-E:12 Bingo for Private Campgrounds and Hotels. –
Any private campground or hotel may conduct bingo games provided:
I. The price to be paid for a single card or play under this section shall not exceed $0.50.
II. The campground or hotel shall conduct no more than 2 game dates of bingo in any one calendar week.
III. All revenues received from the sale of bingo cards in any game or series of games on any one calendar day shall be paid out to the players. The total value of all prizes, tokens, or awards used, given, offered, or awarded in connection with any one game on any calendar day shall not exceed a payout value of $500, or series of games on that same day shall not exceed a payout value of $2,000.
IV. Games shall be operated only by persons on the staff of the campground or hotel. Such staff shall operate the games without compensation from the bingo revenues.
V. The games of bingo shall be open only to persons 18 years of age or older who are bona fide guests at the campground or hotel.
VI. No campground or hotel shall act as an agent for operating games of bingo when it is unlawful for such campground's or hotel's principal to operate bingo games.
VII. The campground or hotel shall have been in existence for at least 2 years in the city or town in which the bingo games are to be conducted.
VIII. The campground or hotel shall maintain a current list of bona fide guests.
IX. The campground or hotel shall not have been established solely for the purpose of operating bingo games.

Source. 1983, 417:1. 2011, 259:14, eff. Sept. 11, 2011. 2016, 170:2, eff. Aug. 2, 2016. 2018, 295:1, eff. June 25, 2018.

Section 287-E:13

    287-E:13 Children's Bingo at Private Campgrounds or Hotels. –
Any campground or hotel may conduct special bingo games for children under the conditions specified in RSA 287-E:12, except:
I. No games shall be conducted prior to 11:00 a.m. and all games shall be finished by 8:30 p.m. on any day.
II. There shall be no charge for play.
III. Games shall be open only to persons under the age of 18. Any person over the age of 18 may play the game for the purpose of supervising the child or children he or she is with, however such adult shall not be eligible to win. The card such adult is playing shall be marked in such a way that the bingo attendant is able to identify it as not eligible to win under this paragraph.
IV. Nonmonetary prizes may be awarded, but the value of any prize shall not exceed $5. Prizes or awards shall not be exchanged for money.

Source. 1983, 417:1. 2011, 259:15, eff. Sept. 11, 2011. 2016, 24:1, eff. June 24, 2016; 313:4, eff. Aug. 23, 2016.

Section 287-E:13-a

    287-E:13-a Shared Carry-Over Coverall Bingo. –
I. The commission may approve a host hall for shared carry-over coverall bingo if:
(a) The host hall holds a valid bingo license under RSA 287-E:6.
(b) At least 30 days before the proposed game date, the host hall submits a plan to the commission including:
(1) The distributor or manufacturer of the bingo equipment to be used for shared carry-over coverall bingo.
(2) The technology used to broadcast the game to participating halls. Such technology shall meet the International Technical Standards for Electronic Gaming Machines set forth by the International Association of Gaming Regulators.
(3) The name of the bank used to maintain prize money.
(4) The names and addresses of all participant halls.
(c) The host hall posts a bond, conditioned upon the host hall's compliance with the rules of the commission. The commission shall have the authority to set the bond at no less than $50,000 and no more than the highest prized jackpot prize offered in the last 24 months.
II. A host hall approved under paragraph I may conduct and simulcast carry-over coverall games in accordance with commission rules, and utilize software and electronic devices that have been tested by an independent testing laboratory and approved by the commission.
III. Host hall approval is non-transferrable.
IV. The commission shall respond to a host hall's request for approval for shared carry-over coverall bingo within 30 days of receipt of such request. Such approval shall be valid for one year from the date of its issue.
V. Shared carry-over coverall games shall be operated only by persons designated by the host hall.
VI. Numbers for shared carry-over coverall bingo shall only be selected by a live person.
VII. There shall be a limit of 18 cards per player.
VIII. There shall be no limit on the total value of prizes, tokens, or awards for any shared carry-over coverall game or series of shared carry-over coverall games.
IX. If a charitable organization enters into a contract with a host hall for shared carry-over coverall bingo, the charitable organization shall retain the profit percentage set by the commission on January 1 of each year, but which shall not be less than 7 percent of the gross revenues from any shared carry-over coverall bingo games. The host hall shall retain the profit percentage set by the commission on January 1 of each year based on the average cost of operating shared carry-over coverall bingo. Such percentage shall not be less than 7 percent of the gross revenues from any shared carry-over coverall bingo game. If the host hall is a charitable organization the charitable organization shall receive both the charitable organization profit percentage and the host hall profit percentage. The host hall shall pay the bingo tax under RSA 287-E:8. No charitable organization shall sustain a loss from bingo such that its share of the gross revenues would be less than zero dollars, for the duration of its contact with a single host hall.

Source. 2016, 10:6, eff. Sept. 14, 2016.

Section 287-E:14

    287-E:14 Administrative Orders and Fines. –
I. The commission, pursuant to rules adopted under RSA 287-E:18, may impose an administrative order or fine, which shall be scaled to reflect the scope and severity of the violation for each offense, upon any person who violates any provision of this chapter or rules adopted pursuant to this chapter.
II. Any administrative fine imposed under this section shall not preclude the imposition of further penalties or administrative actions under this chapter.
III. All fines imposed by the lottery commission shall be deposited in the special fund established pursuant to RSA 284:21-j.

Source. 1983, 417:1. 1986, 67:7. 2015, 276:131, eff. July 1, 2015.

Section 287-E:14-a

    287-E:14-a Subpoenas. – The lottery commission or, when applicable, the hearings officer, may issue subpoenas for witnesses and for documents relative to investigations or adjudicatory hearings held by the commission.

Source. 2015, 276:132, eff. July 1, 2015.

Section 287-E:15

    287-E:15 Rehearing and Appeal. – Any person aggrieved by a decision of the commission to deny or revoke a bingo license may apply to the commission for a rehearing within 15 business days of the decision. Rehearings and appeals shall be governed by RSA 541.

Source. 1983, 417:1, eff. July 1, 1983.

Lucky 7

Section 287-E:16

    287-E:16 Administration and Enforcement. – The lottery commission shall administer and enforce this subdivision relating to the sale of lucky 7 tickets.

Source. 1983, 417:1. 1986, 67:13. 2004, 97:8; 257:12. 2008, 25:1. 2015, 276:127, eff. July 1, 2105.

Section 287-E:16-a

    287-E:16-a Definitions. –
In this subdivision:
I. "Bag tickets" means a type of lucky 7 tickets of paper composition which are joined together and which bear a certain combination of numbers and symbols to indicate whether or not a prize is to be given. Tickets of this type are sometimes referred to as "staple tickets."
II. "Deal" means a single game of uncirculated Lucky 7 tickets bearing a serial number.
III. "Pull tab ticket" means a type of lucky 7 ticket which consists of a cardboard card with pull tabs bearing certain combinations of symbols or numbers which indicate whether or not a prize is to be given.

Source. 1990, 181:1, eff. June 26, 1990. 2021, 174:5, eff. Sept. 28, 2021.

Section 287-E:17

    287-E:17 Lucky 7 Licenses Required. – No person shall sell lucky 7 tickets without a current and valid lucky 7 license issued under this chapter.

Source. 1983, 417:1. 1987, 321:3, eff. July 24, 1987.

Section 287-E:18

    287-E:18 Rulemaking. –
The commission shall adopt rules, pursuant to RSA 541-A, relative to:
I. The application procedure for lucky 7 licenses.
II. Information to be required on lucky 7 license applications.
III. The sale of lucky 7 tickets.
IV. The licensing of manufacturers and distributors of lucky 7 tickets.
IV-a. The licensing procedure for gaming consultants.
V. Accountability control to ensure ticket sales integrity and record-keeping.
VI. The inspection and enforcement of bingo and lucky 7.
VII. Procedures for a hearing following the revocation of a license, and the imposition of administrative fines.
VIII. The issuance of subpoenas pursuant to RSA 287-E:26-a.
IX. Other matters related to the proper administration of this chapter.

Source. 1983, 417:1. 1985, 295:6. 2004, 257:13. 2015, 276:133, eff. July 1, 2015. 2018, 300:5, eff. Aug. 24, 2018.

Section 287-E:18-a

    287-E:18-a Repealed by 2010, 190:14, III, eff. Jan. 1, 2011. –

Section 287-E:19

    287-E:19 Application Fee; Application of Funds. –
I. The lucky 7 license fee shall be $10 per month or any part of a month for up to 12 consecutive months per application.
II. Applications for renewal shall be received by the commission 15 days prior to expiration, unless such requirement is waived by the commission for good cause shown.
III. All fees collected by the commission under this section shall be deposited in the special fund established under RSA 284:21-j.
IV. The license fee for a gaming consultant shall be $100 per year. Such fee shall be submitted to the commission at the time the application is made and shall be refunded if the application is denied.

Source. 1983, 417:1. 1997, 26:1. 1998, 59:4. 2003, 254:1, eff. July 1, 2003. 2018, 300:6, eff. Aug. 24, 2018.

Section 287-E:20

    287-E:20 Lucky 7 Licenses. –
The commission may issue a lucky 7 license to a charitable organization for the sale of lucky 7 or similar tickets under the following conditions:
I. The license shall specify where the tickets may be offered for sale, provided that the license shall not authorize a charitable organization to sell lucky 7 tickets except at a place where a bingo game has been authorized, at a facility licensed under RSA 287-D, or in a town or city which has authorized the sale of lucky 7 tickets under RSA 287-E:27.
II. The price of any lucky 7 ticket pack or ticket card shall not exceed $1, except that lucky 7 tickets sold by dispenser devices shall not exceed $2, provided that at any location where a charitable organization offers $1 tickets or higher for sale the charitable organization shall also offer $.50 tickets for sale.
III. The license shall not be transferable, shall expire on the last day of the last month for which it was issued, and shall only be valid for one location. A separate license shall be obtained for each location at which lucky 7 tickets are to be sold.
IV. At least 45 percent of the gross revenues from the sale of lucky 7 tickets shall be paid as prizes.
V. Lucky 7 licenses shall be prominently displayed in the area in which the lucky 7 tickets are sold.
VI. Only charitable organizations as defined in RSA 287-E:1, V shall be eligible for licensing.

Source. 1983, 417:1. 1987, 321:4. 1997, 328:5. 1998, 59:5, 6. 2003, 254:2, eff. July 1, 2003. 2020, 37:143, eff. July 29, 2020. 2021, 195:3, eff. Aug. 10, 2021. 2022, 217:2, eff. Aug. 16, 2022. 2023, 165:1, eff. Sept. 26, 2023.

Section 287-E:21

    287-E:21 Sale of Lucky 7 Tickets. –
I. Only bona fide members of a charitable organization licensed under this subdivision shall sell lucky 7 tickets, except that salaried employees, as defined in rules adopted by the commission, of a licensed veterans or fraternal organization may sell lucky 7 tickets only on the premises of such organization, provided such employees comply with all laws and rules relating to the sale of lucky 7 tickets. Proof of membership may be required by the commission.
II. Lucky 7 tickets may only be sold at the location specified in the license issued by the commission, which shall include either:
(a) The regular meeting place of or a facility owned, leased or utilized by the charitable organization for its activities;
(b) Any other location where the sale of lucky 7 tickets is conducted in conjunction with and at the same time as an event sponsored or co-sponsored by the charitable organization, to be held once a year, and will be held for no more than 4 consecutive days; or
(c) Lucky 7 tickets sold in conjunction with bingo games may be sold between the hours of 8 a.m. and 1 a.m. on any licensed game date.
(d) Lucky 7 tickets may be sold in conjunction with bingo games for no more than 16 game dates in one calendar month, and no more than 192 game dates in one calendar year.
III. No charitable organization shall conduct door-to-door sales of lucky 7 tickets.
III-a. Lucky 7 tickets may be sold by dispenser devices approved by the commission and located at the regular meeting place of, or at a facility owned, leased, or utilized by, the licensee for its activities, including facilities licensed under RSA 287-D, provided that such device dispenses a paper or cardboard ticket and specifications for such dispenser device are contained in the rules of the commission. Any permitted lucky 7 device shall not be in the nature of a slot machine and the outcome of any wager involving a permitted lucky 7 device shall be determined by the cardboard or paper ticket, or the video monitor when so equipped. Devices capable of displaying the outcome on a video monitor shall provide the player with the option of printing a paper ticket. No charitable organization shall be licensed to sell lucky 7 tickets for more than 16 days per month when selling tickets at a facility licensed under RSA 287-D. Lucky 7 tickets sold at said facilities may be sold during all hours for which the facility is licensed to operate.
IV. No compensation shall be paid to bona fide members of a charitable organization who sell or assist in the sale of lucky 7 tickets. Compensation shall include, but is not necessarily limited to, money or any other thing of value. Members of the charitable organization who sell lucky 7 tickets may be reimbursed for out-of-pocket expenses in an amount not to exceed $8 per day, provided that such expenses are itemized and submitted in writing to the charitable organization.
V. No lucky 7 tickets shall be sold to any person under 18 years of age.

Source. 1983, 417:1. 1987, 114:1. 1998, 59:7. 2010, 190:12. 2011, 259:27, eff. Sept. 11, 2011. 2018, 295:3, eff. June 25, 2018. 2021, 195:1, eff. Aug. 10, 2021. 2022, 217:3, eff. Aug. 16, 2022. 2023, 77:1, eff. June 7, 2023; 139:3, 4, eff. June 30, 2023.

Section 287-E:22

    287-E:22 Lucky 7 Fees. –
I. A licensed distributor shall pay a fee of $15 per 3,500 tickets or any portion thereof contained in each deal of pull tab tickets. The commission shall not authorize deal sizes over 14,000 tickets.
II. A licensed distributor shall pay a fee of $6 per deal of bag tickets.
III. No deal shall have the same serial number as any other deal sold in this state.
IV. All funds collected by the commission under this section shall be deposited in the special fund established under RSA 284:21-j.
V. A licensed distributor shall pay the fees collected pursuant to this section to the commission within 15 days of the distribution of the tickets.

Source. 1983, 417:1. 1990, 181:2, eff. July 26, 1990. 2021, 195:2, eff. Aug. 10, 2021.

Section 287-E:23

    287-E:23 Distributors and Manufacturers of Tickets. –
The commission shall license distributors and manufacturers to supply lucky 7 tickets sold in this state. Every lucky 7 ticket sold in this state shall be purchased from a licensed distributor and manufactured by a licensed manufacturer. A license shall be issued to a distributor or manufacturer under the following conditions; provided that the commission may, by rule, establish additional qualifications for licenses:
I. The applicant for a distributor's license shall pay to the commission an annual license or license renewal fee of $10,000. Such fee shall authorize the distribution of lucky 7 or similar break-open tickets within the state of New Hampshire and the warehousing of lucky 7 or similar break-open tickets for subsequent sale out of state.
II. The applicant shall certify that neither the applicant nor any partner, officer or director has been convicted of a felony, which has not been annulled by any court, within 10 years from the date of application.
III. Each licensee shall post a bond in the amount of $50,000 conditioned upon the licensee's compliance with the rules of the commission.
IV. An applicant for a license as a distributor shall have a principal place of business located within this state.
V. No manufacturer or distributor may have in its possession or control in the state of New Hampshire, for any reason, lucky 7 or other break-open tickets which do not contain the New Hampshire state seal or other distinguishing markings approved by the commission, except in the case of a distributor warehousing lucky 7 or similar break-open tickets in the state of New Hampshire which are to be subsequently sold out of state.
VI. (a) The commission shall issue a special license to manufacturers of lucky 7 or similar break-open tickets stored in the state.
(b) All lucky 7 or similar break-open tickets distributed in this state or shipped to this state and subsequently shipped or sold out of this state shall bear a distinguishing mark as designated by the commission.
(c) The fee for such special license shall be $5,000 per year or for any part of a year.

Source. 1983, 417:1. 1985, 295:8, 14. 1991, 345:2-4. 1997, 328:6. 2001, 145:2, eff. June 29, 2001.

Section 287-E:23-a

    287-E:23-a Payment to Distributor. – Licensees shall pay for purchased tickets no later than 30 calendar days after delivery. Unless a waiver is given by the commission for good cause shown, no charitable organization may purchase tickets from a different distributor when that charitable organization has failed to comply with the provisions of this section.

Source. 2003, 254:4. 2011, 259:16, eff. Sept. 11, 2011.

Section 287-E:24

    287-E:24 Financial Reports and Inspections. –
I. A charitable organization shall submit a complete financial report for each license issued under RSA 287-E:20 to the commission within 105 days from the date of issue and every 90 days thereafter, or within 15 days after the expiration date of the license, whichever occurs first.
II. The financial report shall be completed by the treasurer of the charitable organization or a duly authorized officer, director, or official of the charitable organization who shall certify such accounting under oath.
III. The financial report shall include:
(a) A complete statement of all revenues and expenses.
(b) A record of the amount of prizes awarded.
(c) The names and addresses of the members who participated in the sale of lucky 7 tickets.
(d) The name and address of the distributor from whom the lucky 7 tickets were purchased.
(e) The name and address of, and the fee paid to, any person, or business entity, who provided consulting, accounting, management, or other similar services to the organization for the operation of lucky 7.
IV. All expenses shall be paid by check or electronic funds transfers, all cash prizes shall be paid in compliance with Internal Revenue Service W-2G requirements, and all such required documentation shall be available for inspection by the commission. The charitable organization shall retain canceled checks or required documentation or bank produced facsimiles of canceled checks for the payment of expenses and checks or bank produced facsimiles of checks and receipts for the payment of prizes for a period of 2 years.
V. All financial reports filed by charitable organizations shall be maintained by the commission for a period of one year from the date of filing and shall be open to public inspection.
VI. All financial records pertaining to the sale of lucky 7 tickets shall be maintained by the treasurer of the charitable organization or other duly authorized director, officer or official of the charitable organization and shall be made available to representatives of the commission or the commissioner of safety upon request.
VII. A charitable organization shall maintain complete and accurate documentation of all revenues and expenses contained in the financial reports for at least 2 years from the date the financial report is filed.

Source. 1983, 417:1. 1986, 67:15. 1997, 328:7. 2003, 254:3; 262:2. 2011, 259:17, eff. Sept. 11, 2011. 2022, 217:4, eff. Aug. 16, 2022.

Section 287-E:25

    287-E:25 Suspension; Revocation. – The commission shall suspend or revoke the license of any licensee and/or impose an administrative fine upon the licensee upon a finding that the licensee has violated any provision of this subdivision. Any licensee whose license is revoked shall not be eligible for licensure for a period of up to one year from the date of revocation.

Source. 1983, 417:1. 2015, 276:128, eff. July 1, 2015.

Section 287-E:25-a

    287-E:25-a Administrative Orders and Fines. –
I. The lottery commission, pursuant to rules adopted under RSA 287-E:18, may impose an administrative order and fine, which shall be scaled to reflect the scope and severity of the violation for each offense, upon any person who violates any provision of this chapter or rules adopted pursuant to this chapter.
II. Any administrative fine imposed under this section shall not preclude the imposition of further penalties or administrative actions under this chapter.
III. All fines imposed by the lottery commission shall be deposited in the special fund established pursuant to RSA 284:21-j.

Source. 2015, 276:134, eff. July 1, 2015.

Section 287-E:26

    287-E:26 Rehearing and Appeal. – Any person aggrieved by a decision of the commission to deny or revoke a lucky 7 license may apply to the commission for a rehearing within 15 business days of the decision. Rehearings and appeals shall be governed by RSA 541.

Source. 1983, 417:1, eff. July 1, 1983.

Section 287-E:26-a

    287-E:26-a Subpoenas. – The lottery commission or, when applicable, the hearings officer, may issue subpoenas for witnesses and for documents relative to investigations or adjudicatory hearings held by the commission.

Source. 2015, 276:135, eff. July 1, 2015.

Referendum; Penalty

Section 287-E:27

    287-E:27 Referendum. –
I. (a) Any city or town desiring to adopt the provisions of RSA 287-E may do so by presenting the following question to the voters: "Shall we adopt the provisions of RSA 287-E relative to the conduct of games of bingo and the sale of lucky 7 tickets?"
(b) The ballot containing the question shall include 2 squares next to the question allowing the voter to vote "Yes" or "No". If no cross is made in either of the squares, the ballot shall not be counted on the question.
(c) If a majority of those voting on the question vote "Yes", RSA 287-E shall apply within the city or town.
II. In a town, the question shall be listed in the warrant and placed on the official ballot, or a special ballot prepared by the clerk, upon a vote of the selectmen or upon submission to the selectmen of a petition signed by 25 registered voters or 1/6 of the registered voters, whichever is less.
III. In a city, the question shall be placed on the official ballot for any regular municipal election upon a vote of the city council or upon submission to the city council of a petition signed by 5 percent of the registered voters.
IV. Any city or town which has adopted RSA 287-E shall put to the voters the question of whether to rescind its action upon the vote of the selectmen or city council or upon the petition of voters as provided in paragraph II or III. The question shall be as provided in paragraph I, except the word "adopt" shall be changed to "rescind".

Source. 1983, 417:1, eff. July 1, 1983.

Section 287-E:27-a

    287-E:27-a Continuing Bingo and Lucky 7 Where Established. – Any city or town currently conducting bingo or lucky 7 shall be allowed to continue such activities until and unless rescinded pursuant to RSA 287-E:27, IV.

Source. 1997, 328:8, eff. Aug. 22, 1997.

Section 287-E:28

    287-E:28 Application of Chapter. – The provisions of RSA 647 relative to gambling offenses shall not apply to bingo games or to the sale of lucky 7 tickets if such bingo games and lucky 7 ticket sales are conducted in strict compliance with the provisions of this chapter.

Source. 1983, 417:1, eff. July 1, 1983.

Section 287-E:29

    287-E:29 Penalty. –
I. In addition to any other penalties provided for by law, any person who violates RSA 287-E shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.
II. Each day on which a bingo game is played or a ticket is sold in violation of RSA 287-E shall constitute a separate offense.
III. Any person who purposely, knowingly, or recklessly deprives a charitable organization of any of its moneys collected from bingo or lucky 7 or any person who purposely, knowingly, or recklessly deprives players of any prizes collected from bingo or lucky 7, shall be guilty of a class A felony.

Source. 1983, 417:1. 2014, 191:12, eff. Sept. 9, 2014.