2010 New Hampshire Statutes
TITLE XXIV GAMES, AMUSEMENTS, AND ATHLETIC EXHIBITIONS
CHAPTER 287-D GAMES OF CHANCE
Section 287-D:1 Definitions.

287-D:1 Definitions. – In this chapter:
    I. "Bona fide member'' means a person who has held full and regular membership in the charitable organization for a period of not less than 60 days immediately prior to the games of chance in which such person intends to participate. To qualify as a "full and regular'' member of a charitable organization, a person shall:
       (a) Satisfy all criteria for membership in the charitable organization.
       (b) Pay all lawful fees or dues required by the charitable organization.
       (c) Not have become a member solely for the purpose of operating games of chance.
    II. "Games of chance'' means any game involving gambling as defined by RSA 647:2, II, or any lottery prohibited by RSA 647:1, but shall not include any game involving the use of a slot machine or any other device in the nature of a slot machine, 50/50 raffles as defined in RSA 287-A:1, III, or ice-out contests as defined in RSA 287-D:1, IV.
    III. (a) "Charitable organization'' means any bona fide religious, charitable, civic, veterans', or fraternal or church organization, including police and firemen's organizations which shall have been registered with the secretary of state for at least 2 years and in existence for at least 2 years in a town or city in this state, provided that the primary activities conducted by the organization were for the purpose for which the organization was established and have not included charitable gambling operations; which is organized under the laws of this state; and to which contributions are exempt from federal income tax. To be eligible for licensure under this chapter, a charitable organization shall do all of the following:
          (1) Document that it is exempt from federal income tax.
          (2) Establish that the purposes for which it was organized, other than charitable gambling, are furthered through activities conducted in the town or city in which the games of chance are conducted.
          (3) Register with the secretary of state and, if required under RSA 7:19-32, with the director of charitable trusts.
          (4) Maintain a current list of bona fide members.
       (b) A charitable organization shall not include auxiliary units, committees, or other entities organized under the auspices of a charitable organization eligible for licensure under this chapter, when such auxiliary unit, committee, or other entity is organized for the primary purpose of conducting games of chance.
    IV. "Ice-out contest'' means a contest conducted by a charitable organization whereby a marker is placed on a frozen lake and the person most closely estimating the day and time the marker falls through the ice wins 1/2 the contest proceeds collected by the charitable organization.
    V. "Game operator'' means:
       (a) "Primary game operator'' which means any consultant or any person other than a bona fide member of the charitable organization, involved in conducting, managing, supervising, directing, or running the games of chance; or
       (b) "Secondary game operator'' which means any person other than a bona fide member of the charitable organization, involved in dealing, running a roulette wheel, handling chips, or providing accounting services or security functions.
    V-a. "Game operator employer'' means a primary game operator or a business entity who employs, supervises, and controls game operators and who is hired by a charitable organization to operate games of chance on its behalf. The owner of 10 percent or more of the entity, partner, managing member, or chief executive of a business entity who serves as a game operator employer must be licensed as a primary game operator.
    VI. "Wager'' means a monetary agreement between 2 or more persons that a sum of money or other valuable thing, shall be paid to one of them on the happening or not happening of an uncertain event. Wager may be used synonymously with the term "bet.''

Source. 1977, 329:1. 1995, 75:2. 1998, 251:2. 2000, 115:2. 2002, 17:1, 2. 2008, 285:19, eff. June 30, 2008. 2010, 190:8, eff. Jan. 1, 2011. 2011, 259:2, eff. Sept. 11, 2011.