Code of Massachusetts Regulations
961 CMR - STATE LOTTERY COMMISSION
Title 961 CMR 3.00 - Beano Regulations
Section 3.02 - Definitions

Universal Citation: 961 MA Code of Regs 961.3
Current through Register 1518, March 29, 2024

As used in 961 CMR 3.00, the following terms shall have the following meanings.

Bazaar means a place maintained by a Licensed Organization for disposal of merchandise or cash awards by means of chance; provided that the awarding of cash prizes in excess of the amount allowed by M.G.L. c. 271, § 7A or any successor thereto is expressly prohibited.

Extra Regular and Bonus Cards.

(a) Extra Regular Cards means suchcards as afford additional opportunities to play in all regular games.

(b) Bonus Cards mean a card or cards that increase the prize indirect relationto the cost ofsaid card or cards, said increase shall not exceed 100% of the maximum amount of the prize permitted by the Beano Law.

Gross Receipts means receipts from the sale of any right to participate in any Beano game in any manner as well as from the sale of supplies and all other miscellaneous receipts.

Lawful Purpose means one or more of the following charitable, religious or educational purposes:

(a) Those which benefit needy or deserving persons, indefinite in number: by enhancing their opportunity for religious, social or educational advancement, by relieving them from disease, suffering or distress, by contributing to their physical well-being, by assisting them in establishing themselves in life as worthy and useful citizens, or by increasing their comprehension of and devotion to the principles upon which this nation was founded and increasing their loyalty to their nation.

(b) Those which initiate, perform or foster worthy public works or enable or further the construction or maintenance of public structures.

(c) Those which lessen the burdens of government or which are voluntarily undertaken by an authorized organization to augment or supplement services which are usually rendered by government such as the equipment or maintenance of an authorized volunteer, non-profit fire company or similar organization furnishing public fire protection or the equipment and maintenance of an authorized volunteer, non-profit organization furnishing a public ambulance or rescue service.

(d) None of the preceding purposes shall include the construction, acquisition, improvement, maintenance or repair ofanyreal or personal property beyond that portion of the use or occupancy thereof determined by the Director to be devoted to one or more Lawful Purpose as herein defined.

Licensed Organization means the organization and its auxiliaries qualified under the Beano Law to conduct Beano and named on the license issued under 961 CMR 3.03.

Local Licensing Authority means in the case of a city, other than the city of Boston, the majority of the city council and the mayor; in a town, the board of selectmen; and in the city of Boston, the licensing board; of the municipality where the licensee conducts Beano.

Net Proceeds means Gross Receipts less taxes, prizes and reasonable and necessary expenses ordinarily incidental to the conduct of Beano games.

Occasion means a single session within the same calendar day during which a series of Beano games whether regular or special is played.

Principal Officer means the officer of the qualified organization duly authorized to act on the organization's behalf according to its writtenconstitution, charter, articles of organization, by-laws, or a resolution duly adopted by the organization.

Raffle means an arrangement for raising money by the sale of tickets, certain among which, as determined by chance after sale, entitle the holders to prizes. In any event, Beano or a similar game under another name shall not constitute a Raffle as herein defined.

Regular Beano Game means a game played on a card or cards issued to a player upon payment of the admission charge specified in 961 CMR 3.04(5)(a).

Special Beano Game means any game other than as defined in 961 CMR 3.02(1) and for which players pay an additional charge to participate.

The Beano Law means M.G.L. c. 10, §§ 37 through 41.

The Commission means the Massachusetts State Lottery Commission or its duly designated agent.

The Director means the Director of the Massachusetts State Lottery Commission or his duly appointed representative except as otherwise required by law.

(Wherever they appear defined terms are capitalized.)

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