N.H. Admin. Code § Lot 1103.01

Current through Register No. 50, December 12, 2024

Section Lot 1103.01 - License Requirements

(a) No individual or entity shall offer keno without possessing a current and valid keno license issued by the commission in accordance with RSA 284:41-51 and this chapter.

(b) To qualify for a license:

(1) The premises where the keno games will be operated from shall:

a. Be located in a town or city that has voted to allow the operation of keno games pursuant to RSA 284:51;

b. Hold at least one of the following:

1. A valid liquor license issued by the New Hampshire liquor commission in accordance with RSA 284:45, VI(a); or

2. A valid lottery retailer license issued by the New Hampshire lottery commission in accordance with RSA 284:21-h; and

c. Be in compliance with the requirements of the Americans with Disabilities Act of 1990 (ADA) per the commission's 1997 settlement agreement with the US Department of Justice (Complaint No. 204-47-25);

(2) The area within the premises where keno tickets will be sold shall comply with the following:

a. For applicants qualifying in accordance with (1)b.1. above, the area shall be within the area apportioned for the distribution of alcoholic beverages which meets the requirements of Lot 1103.02 below; and

b. For applicants qualifying in accordance with (1)b.2. above, the area shall not be equipped with active screens on which keno results are displayed;

(3) Neither the applicant nor any individuals renting, leasing, subleasing, or otherwise providing the premises or keno paraphernalia for the conduct of keno shall have:

a. Been convicted of a felony or class A misdemeanor within the previous 10 years which has not been annulled by a court;

b. Been convicted of a class B misdemeanor within the previous 5 years which has not been annulled by a court; or

c. Violated the statutes or rules governing charitable gaming in this or any other state; and

(4) The applicant shall:

a. Have the ability to meet financial obligations as demonstrated by:

1. An established credit history that demonstrates that the applicant makes timely payments, and has no bankruptcies or tax liens against them; or

2. A bond secured in the amount of $20,000, naming the commission as the oblige, and conditioned upon the applicant's compliance with payment obligations relative to weekly settlement and remittances;

b. Not have had any previously issued licenses revoked by the commission within 12-months of the application being submitted; and

c. Otherwise meet the requirements for licensure under RSA 284 and this chapter.

(c) To apply for a keno license, an applicant shall submit the following:

(1) A completed "NH Lottery Retailer Application" form (December 2023), which shall include consent for the commission to conduct a credit history check;

(2) Proof of registration with the NH secretary of state, corporation division;

(3) A "State of New Hampshire AlternateW-9" form (October 2017);

(4) A "New Hampshire Lottery Commission Authorization Agreement for Variable Withdrawals (ACH Debits)" form (October 2017), and:

a. A voided check if withdrawals will be taken from a checking account; or

b. Bank verification if withdrawal will be taken from a saving account;

(5) A signed "New Hampshire Lottery Uniform Retailer Agreement" (October 2022);

(6) A photocopy of a state or government issued ID for each owner, partner, manager, or officer of the business identified in section 4 and 5 of the application; and

(7) A completed "Criminal Record Release Authorization Form" (July 2016) authorizing the release of the applicant's criminal record to the commission, along with the applicable fee in the form of a check made payable to State of NH-Criminal Records.

(d) The applicant shall submit the application at least 30 days before the first game date at the location specified on the application.

(e) To renew a keno license, an applicant shall submit a completed "Keno Renewal" form (December 2023), which shall include a certification affirming that:

(1) The individual signing the application is authorized to do so on behalf of the business;

(2) Neither the applicant, the individuals identified on the application, nor any employees operating the keno games have been convicted of a felony within the past 10 years, or a class B misdemeanor within the past 5 years, which have not been annulled by a court, or violated any of the statutes or rules governing charitable gambling in the past in this or any other state; and

(3) Under penalty of unsworn falsification pursuant to RSA 641:3, the information provided on the application and on any supporting documentation is true, accurate and complete and that there are no willful misrepresentations in or falsifications of the information provided.

(f) A licensee shall submit a renewal request at least 30 days prior to the expiration of their current license.

N.H. Admin. Code § Lot 1103.01

Derived From Volume XXXVII Number 45, Filed November 09, 2017, Proposed by #12412, Effective 10/27/2017, Expires 10/27/2027.

Amended by Volume XXXVIII Number 45, Filed November 8, 2018, Proposed by #12647, Effective 10/23/2018, Expires 10/23/2028.

Amended by Number 6, Filed February 9, 2023, Proposed by #13520, Effective 1/14/2023, Expires 1/14/2033.

Amended by Number 6, Filed February 8, 2024, Proposed by #13851, Effective 1/11/2024, Expires 1/11/2034.