Section Lot 7203.01 - Applying for a Charitable Organization License(a) Pursuant to RSA 287-D:4, I, any charitable organization that conducts games of chance shall obtain a license to do so, regardless of whether the charity will be operating the games themselves or hiring a game operator employer to operate the games on their behalf.(b) To be eligible for a license, the charitable organization shall: (1) Meet the definition of charitable organization as set forth in Lot 7202.02 above;(2) Be registered with the secretary of state as a domestic non-profit authorized to do business in New Hampshire for 2 or more years prior to the application; and(3) Be registered and in good standing with the director of charitable trusts, if required under RSA 7:19 through RSA 7:32.(c) Except as allowed by RSA 287-E:6, II, the charitable organization applying for a games of chance license shall submit the following to the commission at least 60 days prior to, but no more than 180 days before the first proposed game date: (1) A completed "Games of Chance Application - Charitable Organization License" form (6/2019);(2) The supporting documentation specified in (d) or (e) below, as applicable;(3) Payment of the following fees, pursuant to RSA 287-D:13: a. A license fee of $25 per game date, pursuant to RSA 287-D:13,I; andb. When applicable, a $10 badge fee each bona fide member that will be participating in the operation of the event; and(4) Documentation and payment for background and criminal record checks, as required by RSA 287-D:12, V, for all members of the organization who: a. Engage in monetary transactions or are otherwise responsible for overseeing the games of chance. The organization's chairperson and treasurer of the organization typically engage in monetary transactions; andb. Operate the games of chance, when the organization operates the games itself, in lieu of hiring a game operator employer.(d) Except as allowed by (e) below, the supporting documentation required by (c)(2) above, shall include: (1) One of the following documents confirming the organization's tax exempt status: a. An affirmation letter or letter of determination from the Internal Revenue Service (IRS) that indicates the organizations tax exempt status under 26 USC § 501(c)(3), (4), (7), (8), (10), or (19); orb. If the charitable organization is exempt by virtue of a group ruling: 1. A copy of the group exemption letter issued to the central organization recognizing on a group basis the exemption under 26 USC § 501(c)(3), (4), (7), (8), (10), or (19), of subordinate organizations on whose behalf the control organization has applied for recognition of exemption; and2. A letter from the central organization with which the charitable organization is affiliated confirming that the charitable organization is covered under the central organization's group tax exemption;(2) Documentation of registration with the director of charitable trusts, if required under RSA 7:19 through RSA 7:32, that includes the registration number, and an indication that the organization is currently in good standing;(3) Documentation of registration with the New Hampshire secretary of state, that includes the registration number, and indicates that the organization has been registered to do business in New Hampshire for at least 2 years;(4) A letter written on the charitable organizations letterhead and signed by an authorized officer of the organization, which describes the charitable purposes for which the organization is organized, and the extent these charitable purposes have been furthered by the organization within the community;(5) A current and complete list, as described in Lot 7206.01 below, of all officers within the organization and all bona fide members having involvement, to any degree, with the games of chance event;(6) A copy of the proposed game schedule, which complies with the criteria set forth in Lot 7206.02 below;(7) When applicable, copies of any facility rental or lease agreements that have not already been approved by the commission, which complies with the criteria set forth in Lot 7206.03 below;(8) When applicable, copies of any agreements between licensees that have not already been approved by the commission, which complies with the criteria set forth in Lot 7206.04 below;(9) When the charitable organization will be operating its own games of chance event: a. A description of the gaming area, which complies with the criteria set forth in Lot 7206.05 below;b. Copies of any house rules that have not already been approved by the commission, and which comply with the criteria set forth in Lot 7206.06 below;c. Copies of the game procedures for any games that will be offered that have not already been approved by the commission, and which comply with the criteria set forth in Lot 7206.07 below; andd. For each bona fide member that will be participating in the operation of the event, a photo that meets the criteria set forth in Lot 7206.09 below; and(10) When a member(s) of the organization other than or in addition to the treasurer will be handling monetary transactions, a letter signed by the treasurer of the charitable organization granting authorization to the member(s).(e) When the charitable organization held a valid license the previous year, the charitable organization shall submit the following supporting documentation: (1) The games of chance financial reports, as required by Lot 7208 below, for any month which has not previously been submitted, and is due or overdue;(2) Updated documentation when previously submitted information provided in accordance with (d) above has changed, is no longer accurate, is no longer effective, or has been found to be inaccurate; and(3) Documentation and payment for background and criminal record checks, as required by Lot 7204.01 below, when such documentation has not been submitted to the commission within the past 6 months.N.H. Admin. Code § Lot 7203.01
Derived from Volume XXXIX Number 32, Filed August 8, 2019, Proposed by #12839, Effective 7/27/2019, Expires 7/27/2029.