Section Lot 8203.01 - General Requirements for the Operation of Historic Horse Racing(a) Pari-mutuel wagers on historic horse races shall only take place in a designated area within the enclosure of the facility at which the licensee holds its licensed activities under RSA 287-D.(b) In addition to the requirement in (a) above, prior to July 1, 2024: (1) The sale of pari-mutuel wagers on historic horse races shall only take place within the city town in which the game operator employer held its license on May 1, 2020; and(2) The locations authorized by the commission shall be the same in number and municipality as the game operator employer licenses that existed as of May 1, 2020.(c) The sale of pari-mutuel wagers on historic horse races shall only take place: (1) In conjunction with, and during the same hours of operation as the licensee's games of chance events; and(2) In designated areas that are established in such a way as to control access by the general public and prevent entry by any patron who is younger than 18 years of age, or who is otherwise n permitted to place wagers.(d) For each game date, the HHR licensee shall contract with 2 charitable organizations licensed accordance with RSA 287-D.(e) In accordance with RSA 284:23, I(d), charitable organizations from within the executive council district where the licensee is located shall be given preference, and no charitable organization shall be eligible receive revenue from more than 10 game events per calendar year.(f) The licensed charities shall share in the revenue generated from historic horse racing and games chance at a given game event as follows:(1) Prior to January 1, 2024, the revenue shall be shared in accordance with the following;a. Charitable organization that had games of chance game dated calendar year 2020 shall b classified as Tier I organizations;b. Charitable organizations that did not hold a license in calendar year 2020 shall be classified as Tier II organization;c. Except as provided in d. below: 1. Tier I organizations shall receive 100 percent of games of chance revenue designate for charitable allocations, and 50 percent of the historic horse racing revenue designate for charitable allocations; and2. Tier II organizations shall receive 0 percent of games of chance revenue designated for charitable allocations, and 50 percent of the historic horse racing revenue designated for charitable allocations;d. If the licensee cannot schedule a Tier I and a Tier II on a given game date, the charitable allocation of revenue from games of chance and historic horse racing shall be split even between the charitable organizations; and(2) As of January 1, 2024, the revenue from HHR and GOC shall be shared equally by the 2 license charitable organizations.(g) Pursuant to RSA 287-D:18, the HHR licensee may only assess a rental fee for the portion of the game floor utilized by games of chance activities. No fee of any kind may be assessed for HHR related activities.(h) A valid license issued in accordance with RSA 287-D shall be required for any person who: (1) Is party to, engages in, or supervises others in the operation of historic horse racing in an capacity;(2) Has access to sensitive areas relative to historic horse racing, including the internal component of the terminal, or the areas where the surveillance and operating systems are housed; or(3) Has authority to sign checks or withdraw funds from the historic horse racing accounts.(i) The HHR licensee shall develop, implement, and adhere to written internal control policies an procedures designed to ensure effective control over the gaming operation by discouraging and protecting again illicit behavior and safeguarding the integrity of the games.(j) The internal controls required by (i) above shall meet or exceed the requirements set forth in L 7206.08.(k) Pursuant to RSA 287-D:14, XVIII, no historic horse racing game shall be offered for play unless the game has been approved by the commission in accordance with Lot 8204 below.(l) An HHR licensee shall maintain at least 2 wagering devices offering the same type of pari-mutuel wager on all historic horse races, such that they are competing for a common pari-mutuel pool or set of pools.(m) The portion of the active gaming area allocated for the operation of historic horse racing shall n exceed 70 percent, with the remaining 30 percent allocated to games of chance. To be considered an active gaming area, the games of chance area shall be staffed or capable of being staffed upon demand, and ready for immediate or on-demand play.(n) For locations with more than 50 wagering devices, no more than 55 percent of all wagering devices a given location shall be from any single totalizator system.(o) Total takeout from historic horse racing shall not exceed 6.33 times the gross gaming revenue for games of chance as assessed annually for the first year of operation and quarterly thereafter. For the first year operation, the measure of gross gaming revenue shall be the based on the greater of the licensee's annualize average of revenue for the period from January 1, 2021 to June 30, 2021, or the actual gross gaming revenue for games of chance.(p) In the event gross revenue from historic horse racing exceeds the limit set by (o) above, the license shall contribute a portion of its allotment to the charitable organizations that hosted game events within the assessed period in accordance with the following:(1) The HHR licensee shall retain 50 percent of the take-out; and(2) The remaining 25 percent of the HHR licensee's allotment shall be equally distributed to the hosting charitable organizations, such that total charity allotment equals 33.75 percent of tot takeout.(q) The HHR licensee shall:(1) Conspicuously post or otherwise make the following information available within the terminal for patrons to access and review;a. A general explanation of pari-mutuel wagers offered on historic horse races, including handicapping options; andb. An explanation of each betting pool offered;(2) Provide terminals that are accessible to handicapped persons; and(3) Prohibit patrons from using electronic or other assistive devices to aid them in determining the outcome of a race prior to placing a bet.(r) Each HHR licensee shall maintain complete records of all pari-mutuel transactions on historic horse races, including the amounts wagered at each terminal.(s) A copy of the wagering records shall be retained and safeguarded for a period of no less than 2 year and made available upon request from the commission.N.H. Admin. Code § Lot 8203.01
Derived from Volume XLII Number 6, Filed February 10, 2022, Proposed by #13330, Effective 1/22/2022, Expires 1/22/2032.