Section Pari 1206.03 - Rental and Lease Agreements(a) Pursuant to RSA 287-D:19, I(c), when a charitable organization operates games of chance itself and such games are conducted in a rented or leased facility for the express purpose of conducting games of chance, the charitable organization shall submit such rental agreements to the commission for approval.(b) Pursuant to RSA 287-D:19, II(c), when a charitable organization contracts for services from a licensed game operator employer at a rented facility, the charitable organization shall submit the service and rental agreements to the commission for review.(c) Except as allowed by (d) below, the charitable organization shall submit any rental or lease agreements as part of the application, as required by Pari 1203.01(c)(6) above.(d) The charitable organization, or the game operator employer hired to act on the organization's behalf, shall submit any amendments to its lease agreements at least 15 days prior to the effective date of the agreement.(e) Rental and lease agreements shall include the following items and services, with costs itemized:(2) Heat, lights and restroom facilities sufficient for the seating capacity of the facility;(3) Security of the facility and parking area;(5) Trash removal and overall janitorial services sufficient to maintain the facility in a clean and proper condition for conducting business.(f) The amount of rent, goods, and services charged shall:(1) Be no more than the amounts charged to others for the same or similar rentals, goods or services; and(2) Not be based in whole or in part on a percentage of gross receipts or net proceeds derived from the conduct of charitable gaming or by reference to the number of people in attendance.(g) A licensed charitable organization may elect to provide for itself any of the goods and services that a facility owner is required to provide under this section, provided these arrangements are clearly noted in the lease agreement, and the total compensation to be paid the facility is reduced commensurate with the cost of the goods and services as itemized in the lease.(h) Participation in and charges for activities such as advertising, free offer of coffee and donuts to customers, security protection for the charitable organization itself, consulting or management services, shall be at the discretion of the charitable organization.(i) Failure to participate in these activities described in (h) above shall not constitute grounds for expulsion from the facility.(j) No games of chance shall be held in any facility that has not been approved by the municipal governing body for public assembly, or as otherwise required by law.(k) The commission shall approve a rental or lease agreement when the lease meets the requirements set forth in this section, and does not otherwise violate RSA 287-D or this chapter.N.H. Admin. Code § Pari 1206.03
Derived From Volume XXXV Number 40, Filed October 8, 2015, Proposed by #10929, Effective 9/10/2015, Expires 9/10/2025.