Section Lot 7103.03 - Licensing Requirements of Gaming Consultants(a) In accordance with RSA 287-E:7, II(b), no person or entity shall receive compensation for providing gaming related services, as described in (b) below, unless licensed by the commission as a gaming consultant, the services to be provided are agreed to in advance, and a copy of a written agreement is submitted to the commission.(b) An individual or entity shall be deemed as providing gaming related services when they participate in the management or operation of the charitable gaming event, or handles, manages, oversees, or disburses any of the funds derived from the operation of the charitable gaming event.(c) Gaming related services shall include the following:(1) Providing consultation services relative to the management or conduct of lucky 7 ticket sales to ensure compliance with gaming regulations;(2) Managing the sale of lucky 7 tickets, including:a. Providing direct on-site supervision of the ticket sales; orb. Coordinating staffing for the event(s);(3) Participating in the operation of lucky 7 tickets, including: a. Selling lucky 7 tickets or otherwise handling monetary transactions; orb. Determining winners or distributing prizes;(4) Providing record keeping services relative to lucky 7;(5) Preparing reports and other forms;(6) Developing or arranging advertising relative to the sale of lucky 7 tickets; and(7) Providing security relative to the sale of lucky 7 tickets.(d) A gaming consultant shall not: (1) Be a licensed distributor or manufacturer;(2) Be employed by a licensed distributor or manufacturer: or(3) Have any direct or indirect financial relationship with a licensed distributor or manufacturer.(e) When a gaming consultant is also an owner, an employee or an individual with a direct or indirect financial relationship with a licensed commercial hall, the gaming consultant shall:(1) Take demonstrable measures to mitigate all possible conflicts of interest between the commercial hall and the charitable organization;(2) Not use gaming consultant service agreements to circumvent the rental restrictions set forth in Lot 7000; and(3) Maintain a detailed log of consulting services provided on behalf of a licensed charitable organization holding its events at the commercial hall including dates, time and services performed to demonstrate compliance with (2) above.(f) Employees of a licensed gaming consultant who provide or assist in the provision of gaming related services on behalf of licensed gaming consultant shall also be licensed as a gaming consultant. (g) To obtain a gaming consultant license, the applicant shall submit the following to the commission at least 45 days prior to the services being provided:(1) A completed and accurate "Bingo/Lucky 7 Gaming Consultant Application" form (2/2024) which shall include a certification affirming that: a. The applicant qualifies for a gaming consultant license;b. Neither the applicant nor any employee of the applicant who will participate in the operation charitable gaming has been convicted of a felony within the previous 10 years, or a misdemeanor involving falsehood or dishonesty within the previous 5 years, which have not been annulled by a court, or has violated the statutes or rules governing charitable gaming; andc. 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; and(2) Payment of the licensing fee of $100, as established by RSA 287-E:4, II-b.(h) If at any time, the information provided in accordance with (f) above changes, or is otherwise found to be inaccurate, the gaming consultant 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.(i) In accordance with RSA 287-E:7,VI, no individual who has been convicted of a felony or class A misdemeanor within the previous 10 years, or a class B misdemeanor within the past 5 years and neither of which has been annulled, or who has violated any of the statutes or rules governing charitable gaming in the past in this or any other state shall be eligible for licensure as a gaming consultant.N.H. Admin. Code § Lot 7103.03
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.