N.H. Admin. Code § Lot 7103.01

Current through Register No. 36, September 5, 2024

Section Lot 7103.01 - Licensing Requirements of Manufacturers and Distributors

(a) In accordance with RSA 287-E:17, no individual or entity shall supply or sell lucky 7 tickets or lucky 7 ticket dispensing devices in New Hampshire without possessing a current and valid license issued by the commission in accordance with this chapter.

(b) To qualify for licensure, the applicant as well as all partners, officers, or directors of the applicant shall:

(1) Not participate in the operation of charitable gaming as a paid employee, bona fide member or licensed gaming consultant of a licensed charitable organization;

(2) Not be involved in or influence the purchase of gambling equipment for a licensed charitable organization;

(3) Not lease premises to a licensed charitable organization for the conduct of lawful gambling;

(4) Not have ever been connected with or engaged in an illegal business;

(5) Not owe $500 or more in delinquent taxes;

(6) Not, based on past activities or criminal record, poses a threat to the public interest or to the effective regulation and control of gambling, or creates or enhances the dangers of unsuitable, unfair, or illegal practices, methods, and activities in the conduct of gambling or the carrying on of the business and financial arrangements incidental to the conduct of gambling;

(7) Not been permanently or temporarily enjoined by any gaming regulatory agency from engaging in or continuing any conduct or practice involving any aspect of gambling;

(8) Not have been convicted of a felony, which has not been annulled by any court, within 10 years from the date of the application, or violated any of the statute or rules governing charitable gaming in the past in this or any other state, as prohibited by RSA 287-E:7, VI and RSA 287-E:23, II; and

(9) When applying as a distributor, have a principal place of business located within New Hampshire, as required by RSA 287-E:23, IV.

(c) Delinquent taxes shall not include a tax liability if:

(1) An administrative or court action which contests the amount or validity of the liability has been filed or served;

(2) The appeal period to contest the tax liability has not expired; or

(3) The applicant has entered into a payment agreement and is current with the payments;

(d) To obtain a license to manufacture lucky 7 tickets or lucky 7 ticket dispensing devices, the applicant shall submit the following to the commission:

(1) A completed and accurate "Bingo and/or Lucky 7 Manufacturer Application" form (2/2024), which shall include the certification affirming that:

a. The individual signing the application is authorized to do so on behalf of the entity;

b. Neither the applicant nor any partner, officer, or director has been convicted of a felony, which has not been annulled by any court, within 10 years from the date of the application; and

c. 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, and an acknowledgement that giving false information is grounds for denial, suspension, or revocation of a gaming license;

(2) Payment for the licensing fee of $5,000 as established by RSA 287-E:23, VI(c); and

(3) A copy of a bond posted in the amount of $50,000, payable to the commission and conditioned upon the licensee's compliance with the rules and laws of the commission, as established by RSA 287-E:23, III. The bond may be issued using the "Bingo/Lucky 7 Manufacturer Bond" form (2/2024).

(e) As allowed by RSA 287-E:8-a, V, a manufacturer with a current New Hampshire license to manufacture lucky 7 tickets shall be authorized to manufacture paper bingo supplies, electronic bingo player systems, or shared carryover coverall supplies or network systems, without posting an additional bond, filing for a separate license, or paying an additional licensing fee.

(f) To obtain a license to distribute lucky 7 tickets and lucky 7 ticket dispensing devices, a distributor shall submit the following to the commission:

(1) A complete and accurate "Bingo/Lucky 7 Distributor Application" form (2/2024), which shall include the certification affirming that:

a. The individual signing the application is authorized to do so on behalf of the entity;

b. Neither the applicant nor any partner, officer, or director has been convicted of a felony, which has not been annulled by any court, within 10 years from the date of the application; and

(2) Payment for the licensing fee of $10,000, pursuant to RSA 287-E:23, I; and

(3) A copy of a bond posted in the amount of $50,000, payable to the commission and conditioned upon the licensee's compliance with the rules and laws of the commission, pursuant to RSA 287-E:23, III. The bond may be issued using the "Bingo/Lucky 7 Distributor Bond" form (2/2024).

(g) As allowed by RSA 287-E:8-a, I and III, a distributor with a current New Hampshire licensed for distribution of lucky 7 tickets may distribute bingo paper supplies, electronic bingo player systems, and shared carryover coverall supplies and networking systems, without posting an additional bond, file for a separate licensing or paying an additional licensing fee.

(h) If at any time, the information provided in accordance with (c) or (e) above changes, or is otherwise found to be inaccurate, the applicant shall submit updated or corrected information to the commission within 10 days of the event that resulted in the change, or discovery of the inaccuracy.

N.H. Admin. Code § Lot 7103.01

Derived from Volume XL Number 28, Filed July 9, 2020, Proposed by #13068, Effective 6/27/2020, Expires 6/27/2030 (See Revision Notes #1 and #2 at chapter heading for Lot 7100).

Amended by Number 15, Filed April 11, 2024, Proposed by #13913, Effective 3/22/2024, Expires 3/22/2034.