Current through Chapter 381 of the 2024 Legislative Session
Section 287-D:14 - Operation of Games of ChanceI. No more than 2 licensed charitable organizations may conduct games of chance at any one location on any date.II. No agreement between a charitable organization and any other licensee shall be valid unless such agreement is in writing and has been approved by the lottery commission. The lottery commission shall create standardized contracts.III.(a) Only persons licensed under this chapter shall operate games of chance; 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 for any person not subject to licensure.(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 games of chance 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 lottery commission.(c) Notwithstanding subparagraph (a), all charitable organizations that conduct games of chance 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 games of chance. These spouses, sons, and daughters are subject to all applicable provisions of this chapter, and are subject to the approval of the lottery commission.(d) Notwithstanding subparagraph (a), all charitable organizations that conduct games of chance for charitable purposes may employ, by means of a written agreement, a licensed game operator employer or a licensed primary game operator.IV. No compensation shall be paid to any operator of a game of chance unless agreed to in advance in writing by the charitable organization.V. No operator shall require additional fees not specifically allowed under this chapter as a condition of contracting with the operator for game dates.VI. No one under the age of 18 years shall be admitted to the premises on which games of chance are being conducted, except when the games are being conducted at a carnival. Proof of age shall be produced upon request of the lottery commission or commission's agents. When games of chance are conducted at a carnival, persons under the age of 18 years may be admitted to the premises on which the 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 games of chance at a carnival.VII. Games of chance may be conducted between the hours of 8:00 a.m. and 4:00 a.m. the following day.VIII. No person operating a game of chance and no person who has leased a facility or sold or leased game of chance paraphernalia or related equipment to a charitable organization for use during games of chance shall participate or play in any game conducted at that location on that date.IX. No person who has in any jurisdiction 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 who has violated the statutes or rules governing charitable gambling in the past year shall operate a game of chance licensed under this chapter, or rent, lease, sublease, or otherwise provide any hall or game of chance paraphernalia for the conduct of games of chance licensed under this chapter.X. Only the treasurer of the charitable organization or a bona fide member of the charitable organization designated by the treasurer shall handle any monetary transactions related to the game of chance.XII.(a) On game dates where the charitable organization operates the games, the charitable organization shall deposit cash and proceeds from a game of chance into the account required under this chapter. All expenses, including equipment and hall rental fees shall be paid by check from said account. The treasurer of the charitable organization shall document all prizes awarded as prescribed in rules adopted by the lottery commission.(b) On game dates when the licensed game operator operates the games, the licensed game operator shall deposit cash and proceeds from a game of chance into the account required under this chapter. All expenses, including equipment and hall rental fees shall be paid by check or electronic fund transfers . The licensed game operator shall document all prizes awarded as prescribed in rules adopted by the lottery commission. XIII. All game of chance paraphernalia or related equipment used in conducting games of chance shall be subject to inspection and approval by the lottery commission.XIV. The charitable organization shall keep a record of all persons participating in the operation of a game of chance, including but not limited to, the date and location of the game and the person's name, address, telephone number, and type of participation in the game.XV. For games of chance where chips have no monetary face value, the charitable organization may offer any number of games per licensed event in which each player may spend up to $2,500 per game including buy-ins and re-buys. XVI. For games of chance where chips have no monetary face value, a minimum of 20 percent or $250 of the buy-in amount collected from players, whichever is less, shall be deducted from the buy-in amount with 35 percent of the total amount deducted paid to the charity and the balance retained by the game operator employer. For such games, a game operator employer may offer players the option of a dealer add-on where the player receives some amount of additional chips in exchange for paying an additional sum, provided that the dealer add-on shall not exceed $25 and that 100 percent of the add-on shall be given to dealers as a gratuity.XVII. 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 have been approved by the lottery commission. XVIII. The charitable organization may amend or supplement the list of members who will participate in the operation of a game of chance up to 10 working days prior to any particular game.XIX. At least 45 days prior to each game date, the charitable organization shall submit the date and location of the game of chance, if this information has not already been submitted to the lottery commission under RSA 287-D:6, I(d).XX. Every game operator employer shall develop house rules and submit such rules to the lottery commission for approval.XXI. Every game operator employer shall maintain list of manufacturers and distributors detailing the type of gaming equipment purchased from each. The information shall be detailed enough to permit the lottery commission to research the origin and any piece of gaming equipment.XXII.(a) A facilities licensee shall not award any game dates to a municipality if licensed charitable organizations are available and wish to utilize the gaming facility on those dates. This subparagraph shall not apply if the facility licensee institutes a policy forbidding the facility from hosting a specific charity or specific type of charity due to prior conflicts with charity management or employees.(b) Any single facilities licensee shall not award the host municipality more than 10 days per calendar year.Amended by 2024, 248:1, eff. 9/17/2024.Amended by 2024, 28:6, eff. 5/20/2024.Amended by 2023, 109:9, eff. 7/1/2023.Amended by 2022 , 165: 1, eff. 6/7/2022.Amended by 2021 , 99: 2, eff. 8/30/2021.Amended by 2016 , 313: 2, eff. 8/23/2016.Entire chapter repealed and reenacted by 2014 , 329: 1, eff. 7/1/2015.