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 all occasions. The member in charge
shall be a member in good standing of the Licensed Organization. The member in
charge shall supervise all activities and be responsible for the conduct of all
Beano games including the preparation and timely filing of the FinancialReport
required by
961 CMR
3.05(1). The member in
charge or his or her qualified designee shall be present on the premises
continually during the Occasion and shall be familiar with the provisions of
the Beano Law, applicable ordinances and local laws,
961 CMR
3.00 and the terms of the license.
(b)
List of Beano
Workers. At the location where Beano is conducted, each licensee
must keep available to the Commission, the LocalLicensing Authority and duly
constituted law enforcement agencies, a list of persons authorized to conduct
or assist in the conduct of Beano. All persons appearing on such list must be
members in good standing of the Licensed Organization, members in good standing
of a recognized auxiliary of the Licensed Organization, or an immediate family
member at least 18 years of age of said members in good standing. Any person
whose name does not appear on such list shall not otherwise be allowed to
conduct or assist in the conduct of any Beano game in any manner.
(c)
Participation as Worker
Restricted. No person shall assist in the conduct of Beano except
an active member of the Licensed Organization whose name appears on the lists
required by
961 CMR 3.03(2)
and 3.04(1)(b) or an immediate family member
who is at least 18 years of age and whose name appears on the list as set forth
by 961 CMR 3.04(1)(b). No person shall assist in the conduct of Beano on behalf
of more than four Licensed Organizations in any calendar year, except as
authorized in writing by the director.
(d)
Identification
Required. The member in charge and those assisting him in any
capacity shall possess and display such identification as may be specified by
the Director.
(e)
Member responsible for Gross Receipts. The Head of the
Licensed Organization, as defined in
961 CMR
3.03(1)(a), or his/her
designee shall be in full charge of and primarily responsible for the lawful
use and disposition of all Gross Receipts. Said member's name shall appear on
the list required under
961 CMR
3.03(2).
(f)
Payment of Workers
Prohibited. No commission, salary, compensation in any form or
gift shall be paid or given to any person in any manner conducting or assisting
in the conduct of Beano either directly or indirectly. No person shall solicit
or receive any gift or donation of cash or merchandise on the premises during
the conduct of an occasion of Beano.
(g)
Compensation of Bookkeepers
and Accountants. Bookkeepers and Accountants may receive
reasonable compensation for necessary services ordinarily incidental to the
operation of Beano games. Except as authorized by the Director in writing, any
bookkeeper or accountant receiving any compensation under 961 CMR 3.04 shall be
present during the conduct of Beano and shall not participate or assist in any
other capacity under this or any other section of
961 CMR
3.00.
(h)
Workers Participating as a Player. No worker whose
name appears on the list required under 961 CMR 3.04(1)(b) may participate as a
player in any game on any occasion conducted by the licensee on whose list his
or her name appears except as authorized by the Director in writing.
(i)
Qualifications of Caller and
Assistant to the Caller. No person shall participate in any Beano
game as caller or assistant to the caller as defined in 961 CMR 3.04(6)(a)
unless he or she meets the requirements of 961 CMR 3.04(1)(c), is of good moral
character and has not been convicted of a crime, other than a traffic
violation, during the past five years.
(2)
Certain Persons Prohibited
from Participation in the Conduct of Beano. Except as specifically
authorized by the Director in writing, no person directly or indirectly
connected with the manufacture, sale or distribution of Beano equipment or
supplies, or the agents, servants or employees of such person, shall conduct,
participate, advise or assist in the conduct of Beano or render any service to
anyone conducting, participating or assisting in the conduct of Beano including
the preparation of any form relating to Beano. Licensed Organizations receiving
such assistance shall be in violation of 961 CMR 3.04(2).
(3)
Facilities.
(a)
Premises Required to Be Open
for Inspection. The premises where any game of Beano is conducted
or where it is intended that any game of Beano be conducted or that any Beano
equipment be used shall be at reasonable times open to inspection by the
Commission and the Local Licensing Authority or its duly appointed
representatives.
(b)
Visibility of Drawing. The receptacle, the person
removing the objects or balls from the receptacle and the caller, shall each be
visible to the majority of the players at all times.
(c)
Accommodations to Be
Furnished Players. Each player must be furnished, at no extra
charge, a chair and place with sufficient room to play. The area must be free
of hazards to safety with means of egress clearly designated.
(d)
Certain Notices Required to
Be Posted. The Licensed Organization shall conspicuously post
within that portion of the premises where Beano is played and Charity Game
Tickets are sold one or more notices as required by the Director containing
certain designated rules governing the conduct of Beano. The notice shall be in
the form prescribed and may be provided by the Commission.
(e) Licensed Organizations may retain the
services of a police officer of the city or town where the Occasion is
conducted. The police officer may be compensated under
961 CMR 3.05(4)(a)
at the rate not to exceed the rate currently
prevailing for such services in said city or town and shall not participate or
assist in any other capacity under this or any other section of
961 CMR
3.00.
(4)
Equipment and
Cards.
(a)
Ownership
of Equipment. The Licensed Organization shall conduct Beano games
only with equipment owned by it or which a lessor undertakes to provide by the
terms of a written lease whichlease shall be approved by the Director. The
rental fee contained in such a lease shall be a sum certain and shall be
approved by the Commission or its Representative. Use of equipment for which
the Licensed Organization pays consideration directly or indirectly or under
the guise of a service charge is prohibited except as allowed by the previous
sentence. No Licensed Organization shall agree to purchase its supplies in
consideration of receiving the use of any equipment, goods or supplies without
charge.
(b)
Equipment. Equipment used in the conduct of Beano must
be maintained in good repair and sound working condition. Equipment shall be
used, and play operated, so that each player is given an equal opportunity to
win. The objects or balls to be drawn must be essentially the same as to size,
color, shape, weight, balance and all other characteristics so as to be at all
times during the conduct of Beano equally agitated and circulated within the
receptacle. All seventy-five objects or balls must be present in the receptacle
before each game is begun. Numbers must be announced so that they can be heard
clearly by all players of that game.
(c)
Price of Cards or Beano
Opportunities. All opportunities to play, admission, Extra Regular
Cards, Bonus Cards and Special Game cards must be assigned specific prices and
may be sold only for the specified price. The set price may not be varied
during a Beano Occasion and a list of all prices must be posted where
admissions are sold. No cards may be sold other than within the premises where
Beano is held. The sale of any Beano opportunity or combination of
opportunities at a reduced price or a price other than the posted price is
prohibited.
(d)
Sale of
Cards or Beano Opportunities.
1.
Beano games or opportunities may be printed only on one side of a card. In
instances when hard cards are sold, the face or printed side of the card must
be invisible and undisclosed to either the buyer or seller. When selling paper
strips, the face or printed side of the strip may be visible to either the
buyer or seller. No player may be given any opportunity to select any
particular Beano card or paper strip on the basis of the numbers on the card,
strip or otherwise. Additional cards may be sold as allowed by 961 CMR
3.04(4)(d) and cards may be exchanged at the discretion of the
Licensee.
2. The Licensed
Organization shall keep an accurate count in separate categories of the number
of admissions sold, the number of Extra Regular Cards sold, the number of Bonus
Cards sold and the number of Special Game cards sold. This information must be
available at the close of the occasion. With the exception of paper strips, the
admissions, Extra Regular Cards and Bonus Cards shall be distinctively marked
and readily distinguishable.
(e)
Inventory of
Supplies. Accurate records detailing the number of Beano cards
owned by the Licensed Organization are required. The Licensed Organization is
required to possess and furnish on request proof of ownership for all equipment
and cards in its possession. All Licensed Organizations are subject to
inventory by representatives of the Commission at any reasonable time. Failure
to comply with 961 CMR 3.04(4) shall be grounds for suspension or revocation of
the Licensed Organization's right to conduct Beano.
(5)
Charges and
Fees.
(a)
Admission
Charge. No less than one dollar shall be charged for admission to
the premises where a Beano Occasion is to be conducted. Payment of the
admission fee entitles a person to a card or cards permitting him to
participate in all Regular Beano Games played during the Occasion. The Director
may, in writing, permit any individual Licensed Organization to combine for
sale to the players, in addition to the Regular Game Cards received at
admission, packages which may include Regular Beano Game Cards, Extra Regular
Cards, and/or Special Beano Game Cards.
(b)
Admission Charge
Required. No person who has not paid the Admission Charge may play
in any game or purchase raffle tickets as allowed by 961 CMR 3.04(9)(a). Under
no circumstances shall a person play more than one admission.
(c)
Admissions
Announced. Prior to the start of the second half of the format,
each Licensee shall announce, accurately, the number of players in
attendance.
(6)
Operation of Games.
(a)
Drawing of
Numbers. The caller shall remove the object or ball from the
receptacle, observe the number, display the object or ball to the players with
the numbers visible and then call out the letter and number. The numbers must
be called accurately and in such a manner as to be heard by all players. Once
removed, no object or ball may be returned to the receptacle until after the
conclusion of the game. If Beano is claimed after the object or ball is removed
from the receptacle but prior to both the calling of the letter and number, the
Caller must not continue and the object or ball that was removed from the
receptacle but not completely called shall not count towards the determination
of the winner(s) of that game. If Beano is claimed after the object or ball is
removed from the receptacle and while the Caller is calling the number or any
portion of the number, then the Caller must continue calling the number in its
entirety and that object or ball shall count in the determination of the
winner(s) of that game.
(b)
Winning Combination. Before any game is begun, the
amount of the prize and the arrangement of numbers required to win must be
announced clearly in a manner audible to all players. If a game is divided into
multiple prizes, the winning arrangements and amount of each prize shall be
announced audibly immediately prior to each such game.
(c)
Permissible Winning
Combinations. No arrangement of numbers shall be required to be
covered in order to win a game other than those authorized in writing by the
Director.
(d)
Verification of Numbers Drawn. Any player may request
a verification of the numbers drawn at the time a winner is determined and a
verification of the objects or balls remaining in the receptacle and not drawn.
Verification shall take place in the immediate presence of the member
in-charge, one or more players other than the winner, and at his or her option
the player requesting the verification.
(e)
Verification of Winning
Cards. The numbers appearing on the winning card must be verified
at the time the winner is determined in order to insure that the numbers on the
card in fact have been drawn from the receptacle. This verification shall be
done in the immediate presence of one or more players at a table or location
other than the winner(s).
(f)
Multiple Winners . When more than one player is
determined to be a winner on the call of the same number, the designated prize
shall be divided equally to the nearest dollar. When equal division of a
merchandise prize is not possible, substitute prizes of equal value, but not in
excess of the designated prize in total value, shall be awarded.
(g)
Standard of Conduct of
Games. Every Licensed Organization is responsible for the
supervision, regulation and conduct of all Beano games conducted under the
authority of its license and is required to so supervise, regulate and conduct
all games in accordance with the Beano Law and
961 CMR
3.00. All players must be given an equal opportunity
to win and the Licensed Organization is required to eliminate any influence
which has or may have as its effect the predetermination or selection of any
winner or winners.
(h)
Progressive Jackpot Games. In structuring a so-called
progressive jackpot game, a Licensed Organization must incorporate one of the
following elements to the game:
1. the jackpot
must incrementally increase from occasion to occasion until said jackpot
reaches the amount specified as the maximum amount permissible under the Beano
Law for the progressive jackpot game; or
2. the number of required calls to win the
game must increase. Each Licensed Organization must announce the rules of each
progressive jackpot game prior to the beginning of such game. A Licensed
Organization may not change the rules after the beginning of the Jackpot game
and prior to the winning of the jackpot; but may change such rules of the
progressive jackpot game after the jackpot has been won and prior to the start
of the next progressive jackpot game.
(i)
Last Number
Called. It is required that the player(s) obtain the required
arrangement to win the game, but not that the required arrangement be obtained
on the last number called.
(7)
Restrictions.
Hours of Operation. Beano may be
conducted only during the hours specified in the Beano Law.
(8)
Prizes.
(a)
Regular and Special Game or
Prizes.
1.
Bonus or
Additional Prizes. On Regular Games, a bonus or additional prize
may be awarded on the basis of the purchase of a bonus card or cards. The prize
shall increase in direct relation to the cost of said bonus cards. No bonus or
additional prize shall increase the prize of the games by more than 100% of the
amount specified in the Beano Law as the maximum permissible prize for that
game.
2.
Progressive
Jackpot Game. A Licensed Organization may conduct progressive
jackpot games at each occasion as long as the number of these games does not
exceed the maximum number of times permitted by the Beano Law. The prize in
said game must be carried over from occasion to occasion in accordance with the
rules announced by the Licensed Organization at the beginning of each
progressive jackpot game and in accordance with
961 CMR 3.06. The prize
for the progressive jackpot game shall not exceed the amount specified in the
Beano Law as the maximum permissible prize a Licensed Organization is empowered
to give in cash or merchandise for a single progressive jackpot game.
3.
Winner-Take-All
Games. The prize for the winner-take-all game shall be equal to
the total receipts for said gamesless a ten percent deduction to cover the cost
of supplies for that games and the taxes due pursuant to the Beano Law.
Licensed Organizations must deduct the costs of said game from the total
receipts up to an amount equal to five percent of total receipts. The prize for
said games shall not exceed the amount specified in the Beano Law as the
maximum permissible prize a Licensed Organization is empowered to give in cash
or merchandise for a single game.
(b)
Maximum Value of Prizes
Afforded. No prize shall exceed the amount specified in the Beano
Law as the maximum permissible prize a Licensed Organization is empowered to
give in cash or merchandise for a single game and the total prizes for a single
Occasion may not exceed that figure allowed by operation of the Beano Law and
961 CMR
3.00.
(c)
Merchandise Prizes. When merchandise is awarded as a
prize in a game of Beano, its value for the purpose of 961 CMR 3.04(8)(b) shall
be its cost to the Licensed Organization; or if donated, the fair market value.
The fair market value of donated merchandise prizes may not be reported as an
expenditure in any financial statement of Beano operations.
(d)
Varying Value of Prizes
Offered. Within the limits established in the Beano Law and
961 CMR
3.00 the prizes offered may be varied depending on the
number of persons entitled to play present at the Occasion. If a Licensed
Organization invokes 961 CMR 3.04(8)(d), an announcement must be made before
any games are played of the number of persons entitled to play and the prizes
to be awarded. If such option is invoked, it shall apply to all games played on
that Occasion. Paid patrons must be offered refunds.
(e)
Gifts Prohibited
. Except as authorized by the Director in writing, no Licensed Organization may
offer, distribute or give any service or thing of value or opportunity to play
Beano without charge. Nothing in 961 CMR 3.04(8) or any other subsection shall
prevent the offering of a door prize or prizes, the value of which shall not
exceed two hundred dollars in aggregate value per an Occasion.
(f)
Charity Game
Prizes. Licensed Organizations may redeem winning Charity Game
tickets for up to one year from the date of sale, only in the event tickets
were sold by the Licensed Organization and then only if the serial number
printed on said tickets is that assigned to the Licensed Organization by the
Commission at the time of sale or issuance to the Licensed Organization by the
Commission. The redemption or offering for redemption of any Charity Game
ticket other than as described is specifically prohibited.
(9)
Prohibited Acts.
(a)
Certain Gaming
Prohibited. Except as provided in 961 CMR 3.04(9)(a) and
3.04(8)(e) and in M.G.L. c. 10, § 37, no games of chance of any kind other
than Beano, whether lawful or unlawful and whether any separate or additional
charge or wager is required or not, shall be conducted or allowed on any
Occasion when Beano is played. Licensed Organizations holding a valid raffle
permit issued by the city or town clerk of their municipality may sell raffle
tickets during the hours of Beano operation, but no cash (or the equivalent of
cash) prizes shall be offered or awarded in such raffles. Except for the use of
charity game tickets as raffle prizes, break-open tickets (such as Supreme
Raffles, jar tickets and the like) shall not be employed in such
raffles.
(b)
Sale of
Alcoholic Beverages Prohibited. No alcoholic beverages may be
sold, dispensed, consumed or awarded as a prize on that portion of the premises
used for Beano during an Occasion.
(c)
Persons under Age
18. No person under 18 years of age shall be permitted on that
portion of the premises used for Beano during an Occasion.
(d)
Transportation of
Patrons. No Licensed Organization shall directly or indirectly
provide for transportation of players to or from the premises where any game of
Beano is conducted unless prior written authorization is obtained from the
Director. For the purposes of 961 CMR 3.04(9)(d), premises shall include the
ways immediately adjoining the premises where the Occasion is to be held.
Application to the Director for authorization under 961 CMR 3.04 must be in
writing and state grounds sufficient to establish to the satisfaction of the
Director that the Licensed Organization has good cause for such request. Any
authorization granted under 961 CMR 3.04(9)(d) may be revoked or suspended at
any time.
(e)
Prohibition of Certain Sales. Except for the sale or
offering for sale by the Licensed Organization of Beano supplies, raffle or
lottery tickets authorized under 961 CMR 3.04(9)(a) and food or refreshments,
no services, goods or merchandise may be sold or offered for sale on that
portion of the premises used for Beano during an Occasion and for one hour
before and after the Occasion.
(f)
Transaction of Certain Business Prohibited. No person
who is directly or indirectly connected with the manufacture, sale or
distribution of Beano equipment or supplies or his agents, servants or
employees may be present during conduct of Beano games for the transaction of
business.