2010 New Hampshire Statutes
TITLE XXIV GAMES, AMUSEMENTS, AND ATHLETIC EXHIBITIONS
CHAPTER 287-D GAMES OF CHANCE
Section 287-D:2-a License Applications.

287-D:2-a License Applications. –
    I. Applications shall be submitted to the racing and charitable gaming commission by an officer, director, or duly authorized official of the charitable organization. Proof of authority to submit the application on behalf of the charitable organization may be required. The applicant shall send copies of the application submitted to the racing and charitable gaming commission to the attorney general and the chief of police of each city or town where games of chance are held.
    II. Applications shall be made only on the forms supplied to the charitable organization by the racing and charitable gaming commission including, at a minimum, the following information provided that the commission may, by rule, establish additional items to be submitted on the application form or attached to it:
       (a) If known, the date or dates and location or locations of each game of chance to be sponsored by the charity.
       (b) A list of the names and addresses of the current bona fide members of the charity.
       (c) The name of the financial institution with at least one branch in New Hampshire and the corresponding bank account number for the account in which money from the game of chance will be deposited and withdrawn.
       (d) The name and date of birth of all bona fide charitable organization members who will participate in the operation of the games.
       (e) The name and address of any game operator who will be involved in the operation of the games.
       (f) If any of the proposed games are to be held in a location licensed pursuant to RSA 287-D:2-a, VI, the name and address of the person or business from whom the space is being rented or permission for use has been granted.
       (g) If the charitable organization is buying or renting any equipment for the game of chance, the name and address of the seller or renter.
    III. No license shall be issued unless the application form is fully completed by the duly authorized officer, director, or official of the charitable organization.
    IV. Applications shall be received by the racing and charitable gaming commission 60 days before the first game date of the year. This requirement may be waived by the racing and charitable gaming commission for good cause shown.
    V. The applicant shall certify under oath that:
       (a) The information provided on the application is accurate.
       (b) Only bona fide members of the charitable organization or persons complying with the requirements of RSA 287-D:2-c will operate the games of chance.
       (c) That neither the applicant nor any person who will be participating in the operation of the games of chance has, in any jurisdiction, been convicted of a felony or class A misdemeanor within the previous 10 years which has not been annulled by a court, or a class B misdemeanor within the previous 5 years which has not been annulled by a court, or has violated any statutes or rules governing charitable gambling.
       (d) The applicant or any person who will be participating in the operation of the games of chance is aware of all statutes and rules applicable to the operation of games of chance.
    VI. If a charitable organization intends to lease or rent premises for the conduct of any game of chance from an entity other than a charitable organization or governmental subdivision, the entity leasing or renting out or otherwise allowing a charitable organization to use the premises shall be licensed by the racing and charitable gaming commission. Any entity other than a charitable organization or governmental subdivision with a facility at which games of chance are held for no more than 4 game dates per calendar year shall be exempt from the licensing requirement of this paragraph. The license shall be applied for by filing an application supplied by the racing and charitable gaming commission. The racing and charitable gaming commission may issue a license for a period of one year which shall expire on June 30 of each year unless sooner revoked or suspended for just cause by the racing and charitable gaming commission.
    VII. To be eligible for licensure under this chapter, a charitable organization shall:
       (a) Document that it is exempt from federal income tax.
       (b) Establish that the religious, civic, fraternal, veterans, or charitable purposes for which it was organized, other than charitable gambling, are furthered through activities conducted in the town or city in which the charitable organization is organized.
       (c) Register, if required under RSA 7:19-RSA 7:32, with the director of charitable trusts.
       (d) Maintain a current list of bona fide members.
       (e) Maintain an account at a financial institution with at least one branch in New Hampshire solely in the name of the charitable organization in which the money from games of chance shall be deposited and withdrawn.
       (f) Meet all other applicable requirements specified in this chapter and in rules adopted by the racing and charitable gaming commission.
    VIII. No person shall be permitted to participate in the operation of a game of chance, unless that person is:
       (a) Listed on the application form pursuant to subparagraph II(d), or added to the list pursuant to paragraph IX, and has submitted to a background and criminal record check pursuant to RSA 287-D:8; or
       (b) A licensed game operator pursuant to RSA 287-D:1.
    IX. The charitable organization may amend or supplement the list of members who will participate in the operation of a game of chance, pursuant to subparagraph II(d), up to 10 working days prior to any particular game.
    X. At least 45 days prior to each game date, the charitable organization shall submit the date and location of the game of chance, if this information has not already been submitted to the racing and charitable gaming commission pursuant to subparagraph II(a).

Source. 1998, 251:4. 2003, 315:1. 2006, 311:8. 2008, 25:1, eff. July 11, 2008; 285:1-4, eff. June 30, 2008; 285:20, eff. Jan. 1, 2009. 2010, 190:3, eff. Jan. 1, 2011.