Section 3.04 - Conduct of Games(1)Workers.(a)Member in Charge. Every Licensed Organization shall designate a bona fide, active member of the Licensee to be in charge of and primarily responsible for all occasions. The member in charge shall be a member in good standing of the Licensed Organization. The member in charge shall supervise all activities and be responsible for the conduct of all Beano games including the preparation and timely filing of the FinancialReport required by 961 CMR 3.05(1). The member in charge or his or her qualified designee shall be present on the premises continually during the Occasion and shall be familiar with the provisions of the Beano Law, applicable ordinances and local laws, 961 CMR 3.00 and the terms of the license.(b)List of Beano Workers. At the location where Beano is conducted, each licensee must keep available to the Commission, the LocalLicensing Authority and duly constituted law enforcement agencies, a list of persons authorized to conduct or assist in the conduct of Beano. All persons appearing on such list must be members in good standing of the Licensed Organization, members in good standing of a recognized auxiliary of the Licensed Organization, or an immediate family member at least 18 years of age of said members in good standing. Any person whose name does not appear on such list shall not otherwise be allowed to conduct or assist in the conduct of any Beano game in any manner.(c)Participation as Worker Restricted. No person shall assist in the conduct of Beano except an active member of the Licensed Organization whose name appears on the lists required by 961 CMR 3.03(2) and 3.04(1)(b) or an immediate family member who is at least 18 years of age and whose name appears on the list as set forth by 961 CMR 3.04(1)(b). No person shall assist in the conduct of Beano on behalf of more than four Licensed Organizations in any calendar year, except as authorized in writing by the director.(d)Identification Required. The member in charge and those assisting him in any capacity shall possess and display such identification as may be specified by the Director.(e)Member responsible for Gross Receipts. The Head of the Licensed Organization, as defined in 961 CMR 3.03(1)(a), or his/her designee shall be in full charge of and primarily responsible for the lawful use and disposition of all Gross Receipts. Said member's name shall appear on the list required under 961 CMR 3.03(2).(f)Payment of Workers Prohibited. No commission, salary, compensation in any form or gift shall be paid or given to any person in any manner conducting or assisting in the conduct of Beano either directly or indirectly. No person shall solicit or receive any gift or donation of cash or merchandise on the premises during the conduct of an occasion of Beano.(g)Compensation of Bookkeepers and Accountants. Bookkeepers and Accountants may receive reasonable compensation for necessary services ordinarily incidental to the operation of Beano games. Except as authorized by the Director in writing, any bookkeeper or accountant receiving any compensation under 961 CMR 3.04 shall be present during the conduct of Beano and shall not participate or assist in any other capacity under this or any other section of 961 CMR 3.00.(h)Workers Participating as a Player. No worker whose name appears on the list required under 961 CMR 3.04(1)(b) may participate as a player in any game on any occasion conducted by the licensee on whose list his or her name appears except as authorized by the Director in writing.(i)Qualifications of Caller and Assistant to the Caller. No person shall participate in any Beano game as caller or assistant to the caller as defined in 961 CMR 3.04(6)(a) unless he or she meets the requirements of 961 CMR 3.04(1)(c), is of good moral character and has not been convicted of a crime, other than a traffic violation, during the past five years.(2)Certain Persons Prohibited from Participation in the Conduct of Beano. Except as specifically authorized by the Director in writing, no person directly or indirectly connected with the manufacture, sale or distribution of Beano equipment or supplies, or the agents, servants or employees of such person, shall conduct, participate, advise or assist in the conduct of Beano or render any service to anyone conducting, participating or assisting in the conduct of Beano including the preparation of any form relating to Beano. Licensed Organizations receiving such assistance shall be in violation of 961 CMR 3.04(2).(3)Facilities. (a)Premises Required to Be Open for Inspection. The premises where any game of Beano is conducted or where it is intended that any game of Beano be conducted or that any Beano equipment be used shall be at reasonable times open to inspection by the Commission and the Local Licensing Authority or its duly appointed representatives.(b)Visibility of Drawing. The receptacle, the person removing the objects or balls from the receptacle and the caller, shall each be visible to the majority of the players at all times.(c)Accommodations to Be Furnished Players. Each player must be furnished, at no extra charge, a chair and place with sufficient room to play. The area must be free of hazards to safety with means of egress clearly designated.(d)Certain Notices Required to Be Posted. The Licensed Organization shall conspicuously post within that portion of the premises where Beano is played and Charity Game Tickets are sold one or more notices as required by the Director containing certain designated rules governing the conduct of Beano. The notice shall be in the form prescribed and may be provided by the Commission.(e) Licensed Organizations may retain the services of a police officer of the city or town where the Occasion is conducted. The police officer may be compensated under 961 CMR 3.05(4)(a) at the rate not to exceed the rate currently prevailing for such services in said city or town and shall not participate or assist in any other capacity under this or any other section of 961 CMR 3.00.(4)Equipment and Cards. (a)Ownership of Equipment. The Licensed Organization shall conduct Beano games only with equipment owned by it or which a lessor undertakes to provide by the terms of a written lease whichlease shall be approved by the Director. The rental fee contained in such a lease shall be a sum certain and shall be approved by the Commission or its Representative. Use of equipment for which the Licensed Organization pays consideration directly or indirectly or under the guise of a service charge is prohibited except as allowed by the previous sentence. No Licensed Organization shall agree to purchase its supplies in consideration of receiving the use of any equipment, goods or supplies without charge.(b)Equipment. Equipment used in the conduct of Beano must be maintained in good repair and sound working condition. Equipment shall be used, and play operated, so that each player is given an equal opportunity to win. The objects or balls to be drawn must be essentially the same as to size, color, shape, weight, balance and all other characteristics so as to be at all times during the conduct of Beano equally agitated and circulated within the receptacle. All seventy-five objects or balls must be present in the receptacle before each game is begun. Numbers must be announced so that they can be heard clearly by all players of that game.(c)Price of Cards or Beano Opportunities. All opportunities to play, admission, Extra Regular Cards, Bonus Cards and Special Game cards must be assigned specific prices and may be sold only for the specified price. The set price may not be varied during a Beano Occasion and a list of all prices must be posted where admissions are sold. No cards may be sold other than within the premises where Beano is held. The sale of any Beano opportunity or combination of opportunities at a reduced price or a price other than the posted price is prohibited.(d)Sale of Cards or Beano Opportunities.1. Beano games or opportunities may be printed only on one side of a card. In instances when hard cards are sold, the face or printed side of the card must be invisible and undisclosed to either the buyer or seller. When selling paper strips, the face or printed side of the strip may be visible to either the buyer or seller. No player may be given any opportunity to select any particular Beano card or paper strip on the basis of the numbers on the card, strip or otherwise. Additional cards may be sold as allowed by 961 CMR 3.04(4)(d) and cards may be exchanged at the discretion of the Licensee.2. The Licensed Organization shall keep an accurate count in separate categories of the number of admissions sold, the number of Extra Regular Cards sold, the number of Bonus Cards sold and the number of Special Game cards sold. This information must be available at the close of the occasion. With the exception of paper strips, the admissions, Extra Regular Cards and Bonus Cards shall be distinctively marked and readily distinguishable.(e)Inventory of Supplies. Accurate records detailing the number of Beano cards owned by the Licensed Organization are required. The Licensed Organization is required to possess and furnish on request proof of ownership for all equipment and cards in its possession. All Licensed Organizations are subject to inventory by representatives of the Commission at any reasonable time. Failure to comply with 961 CMR 3.04(4) shall be grounds for suspension or revocation of the Licensed Organization's right to conduct Beano.(5)Charges and Fees.(a)Admission Charge. No less than one dollar shall be charged for admission to the premises where a Beano Occasion is to be conducted. Payment of the admission fee entitles a person to a card or cards permitting him to participate in all Regular Beano Games played during the Occasion. The Director may, in writing, permit any individual Licensed Organization to combine for sale to the players, in addition to the Regular Game Cards received at admission, packages which may include Regular Beano Game Cards, Extra Regular Cards, and/or Special Beano Game Cards.(b)Admission Charge Required. No person who has not paid the Admission Charge may play in any game or purchase raffle tickets as allowed by 961 CMR 3.04(9)(a). Under no circumstances shall a person play more than one admission.(c)Admissions Announced. Prior to the start of the second half of the format, each Licensee shall announce, accurately, the number of players in attendance.(6)Operation of Games. (a)Drawing of Numbers. The caller shall remove the object or ball from the receptacle, observe the number, display the object or ball to the players with the numbers visible and then call out the letter and number. The numbers must be called accurately and in such a manner as to be heard by all players. Once removed, no object or ball may be returned to the receptacle until after the conclusion of the game. If Beano is claimed after the object or ball is removed from the receptacle but prior to both the calling of the letter and number, the Caller must not continue and the object or ball that was removed from the receptacle but not completely called shall not count towards the determination of the winner(s) of that game. If Beano is claimed after the object or ball is removed from the receptacle and while the Caller is calling the number or any portion of the number, then the Caller must continue calling the number in its entirety and that object or ball shall count in the determination of the winner(s) of that game.(b)Winning Combination. Before any game is begun, the amount of the prize and the arrangement of numbers required to win must be announced clearly in a manner audible to all players. If a game is divided into multiple prizes, the winning arrangements and amount of each prize shall be announced audibly immediately prior to each such game.(c)Permissible Winning Combinations. No arrangement of numbers shall be required to be covered in order to win a game other than those authorized in writing by the Director.(d)Verification of Numbers Drawn. Any player may request a verification of the numbers drawn at the time a winner is determined and a verification of the objects or balls remaining in the receptacle and not drawn. Verification shall take place in the immediate presence of the member in-charge, one or more players other than the winner, and at his or her option the player requesting the verification.(e)Verification of Winning Cards. The numbers appearing on the winning card must be verified at the time the winner is determined in order to insure that the numbers on the card in fact have been drawn from the receptacle. This verification shall be done in the immediate presence of one or more players at a table or location other than the winner(s).(f)Multiple Winners . When more than one player is determined to be a winner on the call of the same number, the designated prize shall be divided equally to the nearest dollar. When equal division of a merchandise prize is not possible, substitute prizes of equal value, but not in excess of the designated prize in total value, shall be awarded.(g)Standard of Conduct of Games. Every Licensed Organization is responsible for the supervision, regulation and conduct of all Beano games conducted under the authority of its license and is required to so supervise, regulate and conduct all games in accordance with the Beano Law and 961 CMR 3.00. All players must be given an equal opportunity to win and the Licensed Organization is required to eliminate any influence which has or may have as its effect the predetermination or selection of any winner or winners.(h)Progressive Jackpot Games. In structuring a so-called progressive jackpot game, a Licensed Organization must incorporate one of the following elements to the game:1. the jackpot must incrementally increase from occasion to occasion until said jackpot reaches the amount specified as the maximum amount permissible under the Beano Law for the progressive jackpot game; or2. the number of required calls to win the game must increase. Each Licensed Organization must announce the rules of each progressive jackpot game prior to the beginning of such game. A Licensed Organization may not change the rules after the beginning of the Jackpot game and prior to the winning of the jackpot; but may change such rules of the progressive jackpot game after the jackpot has been won and prior to the start of the next progressive jackpot game.(i)Last Number Called. It is required that the player(s) obtain the required arrangement to win the game, but not that the required arrangement be obtained on the last number called.(7)Restrictions. Hours of Operation. Beano may be conducted only during the hours specified in the Beano Law.
(8)Prizes. (a)Regular and Special Game or Prizes.1.Bonus or Additional Prizes. On Regular Games, a bonus or additional prize may be awarded on the basis of the purchase of a bonus card or cards. The prize shall increase in direct relation to the cost of said bonus cards. No bonus or additional prize shall increase the prize of the games by more than 100% of the amount specified in the Beano Law as the maximum permissible prize for that game.2.Progressive Jackpot Game. A Licensed Organization may conduct progressive jackpot games at each occasion as long as the number of these games does not exceed the maximum number of times permitted by the Beano Law. The prize in said game must be carried over from occasion to occasion in accordance with the rules announced by the Licensed Organization at the beginning of each progressive jackpot game and in accordance with 961 CMR 3.06. The prize for the progressive jackpot game shall not exceed the amount specified in the Beano Law as the maximum permissible prize a Licensed Organization is empowered to give in cash or merchandise for a single progressive jackpot game.3.Winner-Take-All Games. The prize for the winner-take-all game shall be equal to the total receipts for said gamesless a ten percent deduction to cover the cost of supplies for that games and the taxes due pursuant to the Beano Law. Licensed Organizations must deduct the costs of said game from the total receipts up to an amount equal to five percent of total receipts. The prize for said games shall not exceed the amount specified in the Beano Law as the maximum permissible prize a Licensed Organization is empowered to give in cash or merchandise for a single game.(b)Maximum Value of Prizes Afforded. No prize shall exceed the amount specified in the Beano Law as the maximum permissible prize a Licensed Organization is empowered to give in cash or merchandise for a single game and the total prizes for a single Occasion may not exceed that figure allowed by operation of the Beano Law and 961 CMR 3.00.(c)Merchandise Prizes. When merchandise is awarded as a prize in a game of Beano, its value for the purpose of 961 CMR 3.04(8)(b) shall be its cost to the Licensed Organization; or if donated, the fair market value. The fair market value of donated merchandise prizes may not be reported as an expenditure in any financial statement of Beano operations.(d)Varying Value of Prizes Offered. Within the limits established in the Beano Law and 961 CMR 3.00 the prizes offered may be varied depending on the number of persons entitled to play present at the Occasion. If a Licensed Organization invokes 961 CMR 3.04(8)(d), an announcement must be made before any games are played of the number of persons entitled to play and the prizes to be awarded. If such option is invoked, it shall apply to all games played on that Occasion. Paid patrons must be offered refunds.(e)Gifts Prohibited . Except as authorized by the Director in writing, no Licensed Organization may offer, distribute or give any service or thing of value or opportunity to play Beano without charge. Nothing in 961 CMR 3.04(8) or any other subsection shall prevent the offering of a door prize or prizes, the value of which shall not exceed two hundred dollars in aggregate value per an Occasion.(f)Charity Game Prizes. Licensed Organizations may redeem winning Charity Game tickets for up to one year from the date of sale, only in the event tickets were sold by the Licensed Organization and then only if the serial number printed on said tickets is that assigned to the Licensed Organization by the Commission at the time of sale or issuance to the Licensed Organization by the Commission. The redemption or offering for redemption of any Charity Game ticket other than as described is specifically prohibited.(9)Prohibited Acts. (a)Certain Gaming Prohibited. Except as provided in 961 CMR 3.04(9)(a) and 3.04(8)(e) and in M.G.L. c. 10, § 37, no games of chance of any kind other than Beano, whether lawful or unlawful and whether any separate or additional charge or wager is required or not, shall be conducted or allowed on any Occasion when Beano is played. Licensed Organizations holding a valid raffle permit issued by the city or town clerk of their municipality may sell raffle tickets during the hours of Beano operation, but no cash (or the equivalent of cash) prizes shall be offered or awarded in such raffles. Except for the use of charity game tickets as raffle prizes, break-open tickets (such as Supreme Raffles, jar tickets and the like) shall not be employed in such raffles.(b)Sale of Alcoholic Beverages Prohibited. No alcoholic beverages may be sold, dispensed, consumed or awarded as a prize on that portion of the premises used for Beano during an Occasion.(c)Persons under Age 18. No person under 18 years of age shall be permitted on that portion of the premises used for Beano during an Occasion.(d)Transportation of Patrons. No Licensed Organization shall directly or indirectly provide for transportation of players to or from the premises where any game of Beano is conducted unless prior written authorization is obtained from the Director. For the purposes of 961 CMR 3.04(9)(d), premises shall include the ways immediately adjoining the premises where the Occasion is to be held. Application to the Director for authorization under 961 CMR 3.04 must be in writing and state grounds sufficient to establish to the satisfaction of the Director that the Licensed Organization has good cause for such request. Any authorization granted under 961 CMR 3.04(9)(d) may be revoked or suspended at any time.(e)Prohibition of Certain Sales. Except for the sale or offering for sale by the Licensed Organization of Beano supplies, raffle or lottery tickets authorized under 961 CMR 3.04(9)(a) and food or refreshments, no services, goods or merchandise may be sold or offered for sale on that portion of the premises used for Beano during an Occasion and for one hour before and after the Occasion.(f)Transaction of Certain Business Prohibited. No person who is directly or indirectly connected with the manufacture, sale or distribution of Beano equipment or supplies or his agents, servants or employees may be present during conduct of Beano games for the transaction of business.