N.H. Admin. Code § Lot 7103.02

Current through Register No. 36, September 5, 2024

Section Lot 7103.02 - Eligibility Determinations and Licensing Requirements of Charitable Organizations

(a) In accordance with RSA 287-E:17, lucky 7 tickets shall only be sold by charitable organizations possessing a current and valid license issued by the commission in accordance with RSA 287-E and this chapter.

(b) To be eligible for licensure, the charitable organization shall:

(1) Be able to establish that the purposes for which it was organized have been furthered through its activities;

(2) Possess a tax exempt status under Internal Revenue Code 501(c)(3), 501(c)(4), 501(c)(7), 501(c)(8), 501(c)(10), or 501(c)(19) or be covered under a group ruling issued by the Internal Revenue Service under authority of those sections. A charitable organization whose tax-exempt status has been revoked by the Internal Revenue Service shall not be considered eligible for licensure until their tax-exempt status has been reinstated;

(3) Be a bona fide religious, charitable, civic, veterans or fraternal organization in good standing, and registered with the secretary of state for 1 or more year prior to the application as a domestic non-profit authorized to do business in New Hampshire; and

(4) Be in good standing and registered with the director of charitable trusts, if required under RSA 7:19 through RSA 7:32.

(c) To obtain a determination of eligibility to participate in charitable gaming, the charitable organization shall submit a completed "Charitable Organization Eligibility Determination Application" form (2/2024), which shall include a certification affirming that:

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

(2) Under penalty of unsworn falsification pursuant to RSA 641:3, the information provided on the application and any supporting documentation submitted with the application is true, accurate, and complete, and that there are no willful misrepresentations in, or falsifications of the information provided therein, and an acknowledgement that giving false information is grounds for denial, suspension, or revocation of a gaming license;

(d) The charitable organization shall submit the completed "Charitable Organization Eligibility Determination Application" form (2/2024) to the commission at least 30 days prior to the first proposed game date.

(e) The commission shall deem a charitable organization eligible to participate in charitable gaming when, based on the documentation provided in accordance with (c) above, it finds that the charitable organization meets the eligibility requirements as set forth in (b) above.

(f) A determination of eligibility shall remain in effect through December 31 of the calendar year in which the determination was made, unless a change occurs that disqualifies the charitable organization's eligibility such as the loss of its tax-exempt status or the revocation of its license in accordance with Lot 7110.04 below.

(g) To obtain a license to sell lucky 7 tickets, an eligible charitable organization shall submit the following to the commission at least 15 but no more than 45 days prior to the first proposed game date of the month or calendar year for which the license has been requested:

(1) One of the following applications:

a. A "Monthly Bingo/Lucky 7 License Application" form (2/2024) when lucky 7 tickets will be sold in conjunction with a bingo event or at a facility licensed under RSA 287-D, which shall include a certification affirming that:

1. The individual signing the application is authorized to do so as the leader or treasure of the organization;

2. The organization has implemented and will adhere to written house rules and internal control procedures that meet the requirements of Lot 7105.01 and Lot 7104.04(n) respectively;

3. Only bona fide members of the charitable organization will operate the games except as otherwise allowed in accordance with RSA 287-E:7;

4. Only individuals who have not been convicted of a felony within the previous 10 years, or a misdemeanor involving falsehood or dishonesty within the past 5 years, which have not been annulled by a court, or have violated any of the statutes or rules governing gambling in the past in this or any other state will be allowed to participate in the operation of charitable gaming;

5. Under penalty of unsworn falsification pursuant to RSA 641:3, the information provided on the application and any supporting documentation submitted with the application 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; or

b. A "Annual/Special Event Lucky 7 License Application" form (2/2024) when lucky 7 tickets will be sold at the regular meeting place utilized by the charitable organization for its activities, or at an event sponsored or co-sponsored by the charitable organization and held once a year for no more than 4 consecutive days, which shall include a certification affirming that:

1. The individual signing the application is authorized to do so as the leader or treasure of the organization;

2. The organization has implemented and will adhere to written house rules and internal control procedures that meet the requirements of Lot 7105.01 and Lot 7104.04(n) respectively;

3. Only bona fide members of the charitable organization will operate the games except as otherwise allowed in accordance with RSA 287-E:7;

4. Only individuals who have not been convicted of a felony within the previous 10 years, or a misdemeanor involving falsehood or dishonesty within the past 5 years, which have not been annulled by a court, or have violated any of the statutes or rules governing gambling in the past in this or any other state will participate in the operation of charitable gaming; and

(2) Payment of the licensing fee of $10 per month or any part of a month for up to 12 consecutive months per application as established by RSA 287-E:19, I.

(h) Upon request of the commission, the individual signing the application shall show proof that he or she is an official of the charitable organization authorized to sign the application on behalf of the organization, such as providing copies of the meeting minutes at which the governing body authorized such authority.

(i) If at any time the charitable organization discovers that information provided in accordance with (c) or (g) above has changed, or is otherwise found to be inaccurate, the charitable organization 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 7103.02

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.