Code of Massachusetts Regulations
940 CMR - OFFICE OF THE ATTORNEY GENERAL
Title 940 CMR 13.00 - Regulations Governing Bazaars
Section 13.03 - Conduct of Games
Universal Citation: 940 MA Code of Regs 940.13
Current through Register 1531, September 27, 2024
(1) Workers.
(a)
Member in
Charge. Every Licensed Organization shall designate a bona fide, active
member of the licensee to be in charge of and primarily responsible for each
Function. The member-in-charge shall have been a member in good standing of the
Licensed Organization for at least two years. The member in charge shall
supervise all activities and be responsible for the conduct of all games during
the Function of which he is in charge including the preparation of any
financial reports required by law. The member-in-charge or his qualified
designee shall be present on the premises continually during the Function and
shall be familiar with the provisions of the Raffle/Bazaar Law, applicable
ordinances and local laws, Regulations, and the terms of the permit.
(b)
List of Workers. A Licensed
Organization conducting a Function shall prepare and have available on the
premises a list of all persons taking part in the management or operation of
the Function. Such list shall be maintained as part of the permitees' records
of the Function and shall be made available to any law enforcement
officer.
(c)
Participation of
Worker Restricted. No person shall assist in the conduct of a Function
except a bona fide member of the Licensed Organization whose name appears on
the lists required by 940 CMR 13.03(1)(b).
(d)
Bona Fide Member. For the
purposes of eligibility to participate in managing or otherwise assisting in
the operation of a Function, a person is a bona fide member of the Licensed
Organizaticn only when he or she:
1. Has
become a member prior to the commencement of the Function and such membership
was not dependent upon, or in any way related to the payment of consideration
to participate in, any gambling activity; and
2. Has held full and regular membership
status in the Licensed Organization for a period of not less than three
consecutive months prior to the subject Function; and
3. Has paid any reasonable initiation or
admission fees for membership, and/or any dues, consistent with the nature and
purpose of the Licensed Organization and with the type of membership obtained
and is not in arrears in payment of any such fees or dues; and
4. Has met all other conditions required by
the Licensed Organization for membership and is in all respects a member in
good standing at the time of the subject Function. A person may also be a bona
fide member of a bona fide charitable or bona fide nonprofit organization
affiliated with or auxiliary to his or her Licensed Organization, or to which
his or her own Licensed Organization is auxiliary, when he or she meets all of
the standards set out above respecting his or her own Licensed
Organization.
(e)
Identification Required. The member-in-charge and those assisting
him in any capacity shall possess and display identification.
(f)
Officer Responsible for Gross
Receipts. The Licensed Organization shall duly designate an officer of
said organization to be in full charge and primarily responsible for the proper
accounting, use and disposition of all Gross Receipts. Such officer's name
shall appear on the list required under 940 CMR 13.03(1)(b) and such officer
shall be a person other than the person designated member in charge pursuant to
940 CMR 13.03(1)(a).
(g)
Payment of Workers Prohibited. No commission, salary,
compensation, reward, recompense, reimbursement of expenses or gift or other
consideration shall be paid directly or indirectly, to any person for
conducting or assisting in the conduct of any Function except as hereinafter
provided for bookkeepers or accountants who assist by rendering their
professional services. No tip, gratuity or gift or other consideration shall be
given or accepted by any person conducting or assisting in the conduct of a
Function either directly or indirectly, and one or more signs prohibiting
tipping shall be prominently displayed in each playing area. No person shall
solicit or receive any gift or donation or other consideration directly or
indirectly on the premises during the conduct of a Function.
(h)
Compensation of Bookkeepers and
Accountants. Bookkeepers and Accountants may receive reasonable
compensation for necessary services ordinarily incidental to the operation of a
Function. Any bookkeeper or accountant receiving any compensation under 940 CMR
13.03 shall not participate or assist in any other capacity under 940 CMR 13.03
or any other section of 940 CMR.
(i)
Persons Performing Incidental
Services. Persons who perform only the following incidental services in
connection with a Function shall not be deemed to be participating in the
"management or operation" of such an event requiring that persons participating
in the management or operation of the event be members of the Licensed
Organization:
1. Serving food and/or drink to
participants at the Function.
2.
Acting as a police officer for the purposes of maintaining general crowd
control and order at the Function, or to detect persons cheating the
participants or the house, when that person is a commissioned law enforcement
officer with the power to make arrests in the jurisdiction in which the
Function is being held or is the employee of a commercial securities service
firm licensed by the Department of Public Safety.
3. Providing janitorial functions.
4. Supervising personnel carrying out the
functions enumerated in 940 CMR 13.03(1)(i)1., 2., and 3., without
participating further in the Function.
Provided, that the payment of persons to perform these functions does not exceed the local prevailing level of payment for similar services.
(j)
Regular Salary for Licensee's Employee Not "Compensation" For Work on
Functions Under Certain Conditions. The salary of a regular and full
time employee or a regular but part time employee if the Licensed Organization
has employed that part time position for the past two consecutive years, of a
Licensed Organization shall not be deemed "compensation" for work performed by
the employee in connection with a Function conducted by that organization when
all of the following conditions are met:
1.
The position held by the employee has been created for purposes unrelated to
the conduct of a Function and the required performance of duties is generally
unrelated to Functions. The employee's contribution to a Function must be an
incidental part of his or her total duties, consisting of less than 1% of the
total time worked for the organization; and
2. The employee is paid on a recurring basis
on a regular and established rate throughout the calendar year, unrelated to
the income produced by any Function; and
3. The employee does not operate any game at
any Function conducted by the organization but confines his or her services in
connection with the event to assisting the organization's other members with
the overall planning and organization of the event and with supervision of the
supporting services for the event.
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