Code of Massachusetts Regulations
961 CMR - STATE LOTTERY COMMISSION
Title 961 CMR 2.00 - Rules and Regulations
Section 2.58 - On-Line Number Selection Game - KENO

Universal Citation: 961 MA Code of Regs 961.2

Current through Register 1531, September 27, 2024

Definitions.

Consecutive Draws. The number of successive KENO draws (i.e. 2, 3, 4, 5, 10, 20) for which a player may make a selection on a single KENO ticket.

KENO or Keno. An on-line Lottery game in which a player selects from one to twelve numbers from a field of 80 numbers. The Lottery randomly selects 20 numbers from the same field of 80 numbers. Depending on the quantity of numbers matched and validation of the ticket, the player may win a prize.

Quic Pic. A function that allows an on-line terminal to automatically and randomly select KENO numbers for a player.

Replacement Ticket. The ticket issued to replace a consecutive draw ticket that is validated prior to the last game on the ticket.

Spots. The quantity of numbers (from one to twelve) a player may play per game.

Winning Numbers. The 20 numbers between one and 80 randomly selected from each drawing.

(1) Valid Bet. Except as otherwise provided herein, a valid bet on KENO using the On-Line System shall be a bet which is:

(a) Placed with and accepted by a Sales Agent licensed to sell KENO or by a Lottery Facility specifically designated for the purpose.

(b) Paid for in full at the time the bet is placed.

(c) Recorded correctly on a computer generated ticket in accordance with 961 CMR 2.58.

(d) Represented by a ticket generated by a Lottery computer terminal. The ticket must contain the following information:
1. The number of spots;

2. The amount wagered per draw;

3. The numbers selected;

4. The date of sale;

5. The number of draws played;

6. The specific game number(s) for which the bet is eligible;

7. The price of the ticket;

8. A terminal identification number;

9. An 18-digit ticket serial number;

10. A machine readable (Bar Code) ticket serial number;

11. A verifiable numeric representation of the information contained on the ticket consistent with the information contained in the Lottery's computer records.

(e) Accepted by the Lottery Computer prior to the drawing of the winning numbers for the drawing(s) shown on the ticket.

(f) In the event of a contradiction between information as printed on the ticket and as accepted by the Lottery Computer, the bet accepted by the Lottery Computer shall be the valid bet.

(2) Placing Bets.

(a) Bets may be placed by the bettor orally instructing the Lottery sales agent of his/her number selections and the sales agent then registering the bet via the terminal keyboard, or by using the "quic pic" feature by which the on-line computer system randomly selects the numbers, or by preparing a betting slip which is then entered into the terminal. Betting slips shall be prepared as follows:
1. Select the desired quantity of numbers (spots) from one to 12.

2. Select the desired amount to be wagered for each game.

3. Select the number of games.

4. Select the specific number selection or mark the "quic pic" box and the Lottery will randomly select the numbers.

5. Only official bet slips issued by the Lottery and hand marked by the bettor(s) may be used to place bets. The use of mechanical, electronic, computer generated or any other method of marking betting slips is prohibited.

6. Bet slips shall have no pecuniary or prize value, or constitute evidence of purchase or number selections.

(b) The terminal must generate a ticket as described in 961 CMR 2.58(1)(d) which is given to the bettor as his/her receipt.

(c) A single drawing bet may be canceled on the day it is placed prior to the selection of the winning numbers for the game for which the bet is eligible. A consecutive drawing bet may be canceled on the day it is placed prior to the selection of the winning numbers for the first game for which the bet is eligible. Consecutive drawing bets cannot be canceled after the first game for which the bet is eligible takes place.

(d) A bet must be canceled at the on-line terminal in which the bet was placed. Bettors shall be entitled to a full refund of their bet upon cancellation and in no event shall a canceled ticket be entitled to a prize.

(e) Bets may be placed with any Sales Agent authorized to accept KENO bets or at any Lottery operated facility accepting Keno bets.

(f) Bets may be placed at any time during the day at such time or times as determined by the Director, but all bets must be placed and accepted by the Lottery computer prior to the drawing on the winning numbers for the specific drawings shown on the ticket.

(g) The bet as represented by the ticket produced by the computer terminal is the only bet on which a prize may be claimed. Bettors are cautioned to examine their bet ticket at the time it is issued and prior to the drawing of the winning numbers in order to ensure that the ticket accurately represents the correct number selections, date of bet, amount wagered, and the drawings for which it is eligible.

(h) In the event that the Sales Agent or computer terminal errs when the bet is placed, it shall be the responsibility of the bettor to determine that an error has been made and to request a new ticket be issued by the Sales Agent (provided betting for that drawing has not closed) or return of the purchase prize.

(i) The Lottery shall not be liable for the payment of a prize in the event the bet is canceled intentionally or through inadvertence of the Sales Agent.

(j) It shall be the responsibility of the person who collects the prize to make certain that he or she is receiving the correct sum of prize money. The Lottery shall not be liable for any underpayment, except that the Director in his or her discretion may direct that an additional prize payment is made in order to correct an obvious mistake.

(3) Betting Tickets.

(a) The betting ticket is a bearer instrument until a Mobile Claim is submitted, and if no valid Mobile Claim is submitted, then until signed by the owner and a prize may be claimed by anyone in possession of an unsigned winning ticket if no valid Mobile Claim has been submitted.

(b) Keno Sales Agents may pay claims up to and including the sum of $600.00. Any claim of more than $600.00 shall be made on a claim form supplied by the Lottery at all Sales Agent locations. The procedure to be followed for claims of more than $600.00 and the rules and regulations governing each procedure shall be pursuant to 961 CMR 2.38.

(c) No more than one prize shall be paid on each bet placed.

(4) Lost, Mislaid or Stolen KENO Game Ticket. The Lottery Commission may pay a prize to the holder of a KENO game ticket and the payment of such prize shall absolve the Commission of any further liability with respect to such ticket. In determining whether a prize has been paid on a KENO game ticket, the Commission may rely solely upon its computer records in determining whether or not a particular prize has been paid and the status as determined by the Lottery's computer shall be binding on the holder. In the event of a lost, stolen, or mislaid ticket, the Director may order an investigation, and if he or she is satisfied that the claimant in fact is the owner of the lost, stolen, or mislaid ticket and it has not otherwise been paid, he or she may in his or her discretion pay the prize to the claimant thereof. All payments of prizes on lost, stolen or mislaid tickets shall not be made for a period of 90 days in the case of a prize of $200.00 or less and shall not be made for one year if the prize exceeds $200.00, unless the Director in his or her discretion shall decide otherwise.

(5) Sales Agents. Sales Agents are required to pay to the Lottery all sums due on the date established for payment. Failure to make payment when due or upon notice from the custodial bank that funds are not available will result in the immediate shut down of the Sales Agent's terminal and the Sales Agent's license to sell the KENO Game and/or any other Lottery game shall be subject to revocation, suspension or nonrenewal pursuant to the provisions of 961 CMR 2.13.

(6) Prizes.

(a) All prizes will be paid in full, (less required tax withholdings), at the time the claim is made and after the ticket is properly validated.

(b) All prizes will be a fixed amount (subject to restrictions) and set by the Director by Administrative Bulletin.

(7) Multiplier Feature. The Massachusetts State Lottery Commission may offer a multiplier feature, which may be known by an associated trade name, for the Keno Game. This is a feature by which a bettor, for an additional wager, may increase the prize amount for certain prize levels by a factor depending upon a multiplier number that is drawn prior to the Keno drawing. Rules regarding the multiplier feature shall be set by the Director in an Administrative Bulletin governing the game.

(8) Miscellaneous. All other provision of Lottery Rules and Regulations 961 CMR shall, if applicable, apply to the On-line Number Selection Game - KENO.

(9) In accordance with M.G.L. c. 10, § 27, the 961 CMR 2.58(9)(a) through (c) shall apply in determining whether a municipality should be exempt from the exclusion of Keno growth revenue as defined by M.G.L. c. 10, § 27A.

(a) Application Process. A municipality which is ineligible to receive Keno growth revenue may apply for an exemption by submitting a letter requesting a public hearing before the Lottery Commission and detailing the specific reasons it believes the Commission should consider said application.

(b) Hearing Process. There shall be a two step public hearing process.
1. Informal. An informal hearing shall be conducted by the Chairman of the Lottery Commission or his or her designee. The decision of the Chairman must be approved by a majority vote of the Commission. If a municipality is aggrieved by the decision it shall have the right to an appeal in accordance with 961 CMR 2.58(9)(b)2. The notice of appeal shall be in writing and made within 30 days of receiving the Chairman's decision.

2. Formal. A formal hearing shall be conducted by the Chairman of the Lottery Commission or his or her designee. Said hearing will be held in accordance with the provisions of M.G.L. c. 30A. The decision of the Chairman must be approved by a majority vote of the Commission. If a municipality is aggrieved by the decision it shall have the right to appeal in accordance with the provisions of M.G.L. c. 30A.

(c) Criteria. In considering an application for an exemption from the exclusion of Keno growth revenue, the hearing officer shall consider the following:
1. The absence of petitioners in the municipality seeking Keno licenses and the reasons therefor.

2. The closure of a business which is a municipality's sole Keno licensee.

3. The voluntary termination and surrender of a Keno license by a municipality's sole Keno licensee.

4. The suspension or revocation and subsequent surrender, for just cause, of a license of a municipality's sole Keno licensee.

5. The denial of an application of a Keno license by the chairman or his or her designee when such applicant is the sole potential licensee in a municipality.

6. The population of the municipality.

7. Any bylaw or ordinance adopted by a municipality prohibiting the operation of Keno.

8. Any other reasons which the Chairman or his or her designee may deem appropriate.

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