Current through Register 1531, September 27, 2024
(1)
Workers.
(a)
Member-in-Charge. Every Licensed Organization shall
designate a bona fide, active member o f the licensee to b e 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 of Chance during the Function of which he is in charge
including the preparation of the Financial Report required by
961 CMR
4.05(1)(a). The
member-in-charge or his qualified designee shall be present on the premises
continuallduring the Function and shall be familiar with the provisions of the
Raffle/Bazaar Law, applicable ordinances and local laws,
961 CMR 4.00 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 permitee's records of the Function and shall be made available to
any law enforcement officer or representative of the Commission upon
request.
(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 971 CMR 4.03(3) and
4.04(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 Organization 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 such identification as may be specified by
the Director.
(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 961 CMR 4.04(1)(b) and such officer shall be a person other than the
person designated member-in-charge pursuant to 961 CMR 4.04(1)(a).
(g)
Workers Titles and
Responsibilities.
1. Banker -
Duties, Responsibilities and Limits;
a. Obtain
operating bankroll (cash and chips, script or the like).
b. Provide opening fills to
cashiers.
c. May be combined with
duties of cashier.
2.
Cashier(s) - Duties, Responsibilities and Limits:
a. Receives opening transfer of chips from
banker. (May also perform the banker function if there is only one
cashier).
b. Provides opening fills
to games.
c. Redeems chips, script
or the like from players.
3. Runner(s) - Duties, Responsibilities and
Limits:
a. Transfer fills and refills from
cashier(s) to games.
b. Deliver
lockboxes from games to count room.
c. Initial fillreceipt when picking up fill
from cashier.
d. Assure that dealer
initials fill receipt.
e. Assure
that fill receipt is placed in lockbox.
f. Assure that time is entered on the fill
receipt.
g. May provide information
from count room to pit boss on receipts by game.
4. Dealer - Duties, Responsibilities and
Limits:
a. Verify amount received at game and
initial fill receipt.
b. Place
signed copy of fill receipt in lockbox.
5. Pit Boss - Duties, Responsibilities and
Limits:
a. Supervises not more than six
gambling stations.
b. Supervises
the final transfer of the chip tray and lockbox to the count room.
c. May, if desired, have records of fills to
game and receipts from game provided by the count room.
6. Count Room Personnel - Duties,
Responsibilities and Limits:
a. Receive
lockboxes from games (runners).
b.
Maintain key(s) to all lockboxes.
c. Open lockboxes and count money.
d. Record money and fill receipts from
lockboxes by game. May supply information on receipts by table to pit
boss.
e. Receive ending trays and
lockboxes from games. Verify final tray counts and enter into
records.
f. Maintain records by
game and in summary of all transactions of the event.
g. Receive ending bankrolls and records from
banker and/or cashier(s) at the conclusion of the event.
h. Prepare final computation of
receipts.
i. Prepare deposit slips
for all cash at the end of the function.
(h)
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.
(i)
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 961 CMR 4.04 shall not
participate or assist in any other capacity under this or any other section of
961 CMR 4.00.
(j)
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. The serving of food
and drink to participants in the occasion.
2. Actingas 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. Persons whose
participation is limited to supervising personnel carrying out the functions
enumerated in 961 CMR 4.04(1)(j)1., 2. and 3.
Provided, that the payment of persons to perform these
functions does not exceed the local prevailing level of payment for similar
services.
(k)
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 o f a Function and required the
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 of
Chance 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.
(2)
Limitation of
Participation in Conduct of a Function of Certain Persons. Except
as specifically authorized by the Director in writing, no person directly or
indirectly connected with the manufacture, sale or distribution of gaming
equipment or supplies, or the agents, servants or employees of such person,
shall conduct, participate, advise or assist in the conduct of a Function or
render any service to anyone conducting, participating or assisting in the
conduct of a Function including the preparation of any form relating thereto.
Except as authorized in writing Licensed Organizations receiving such
assistance shall be in violation of 961 CMR 4.04(2).
(3)
Facilities
(a)
Premises Required to be Open
for Inspection. The premises where any Function is conducted or
where it is intended that any Function be conducted or that any Game of Chance
equipment be used shall at reasonable times be open to inspection by the
Commission and Local Licensing Authority or its duly appointed representatives.
Under no circumstances may the public be admitted to a building
which does not have the required occupancy permit and/or certificate of
inspection.
(b)
Certain Notices Required to be Posted. The Licensed
Organization shall conspicuously post within that portion of the premises where
a Function is conducted one or more notices as required by the Director
containing certain designated rules governing the conduct of a Function. The
notice shall be in the form prescribed and may be provided by the Commission.
At least one notice shall be posted on each wall.
(4)
Equipment
(a)
Ownership of
Equipment. The Licensed Organization shall conduct Games of Chance
only with equipment owned by it or which a lessor undertakes to provide by the
terms of a written lease which lease shall be approved by the Director. The
rental fee contained in such a lease shall be a sum certain and shall be
commercially reasonable. 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 a Bazaar 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.
(5)
Charges and
Fees. An admission charge of at least one dollar shall be charged
for admission to the premises where a Function is to be conducted. Upon payment
of the charge each patron is to receive a sequentially numbered ticket of
admission. A duplicate of said sequentially numbered ticket of admission shall
be retained by the Licensed Organization. No person who has not paid the
admission charge may play any Game of Chance.
(6)
Operation of
Games
(a)
Types of
Games Permitted. Any Games of Chance approved by the Director in
writing.
(b)
Wagering
by Use of Chips, Script or the Like Required. Licensed
Organization may place wagers only in the form of chips, script or the like and
purchased for cash at the Function at which the wager is made. Wagering in the
form of currency or representations of credit is expressly prohibited. Chips,
script or the like may be redeemed at only the specific Function where they
were acquired.
(c)
House Rules. Prior to conducting a Function, each
Licensed Organization shall develop a set of house rules which will govern the
type, scope and manner of all Games of Chance to be conducted. Among other
information, these rules shall establish the maximum amount of wagers which may
be placed by persons participating in Games of Chance. In addition, the rules
shall prohibit the giving of any thing of value to any person involved in the
management or operation of the Function and prohibit any involved in the
management or operation of the Function from accepting any thing of value. A
copy of the rules shall be posted conspicuously on the premises where the
Function is being conducted at all times during the occasion, and a copy
thereof shall be mad e available upon request, to any law enforcement officer o
r representative o f the C o mmission. The maximum wager and rules for
individual Games of Chance shall be displayed at the location of each said game
so as to be conspicuous to those persons participating in said game. In no
event may any house rule conflict with the terms of any written approval issued
by the Director under the provisions of 961 CMR 4.04(6)(a).
(7)
Prizes
(a)
Maximum Award. Prizes may not exceed in value the
amount stated in the Raffle/Bazaar Law as the maximum award to be made. The
amount of the award is to be measured on the occurrence of the event which
determines whether or not a prize is to be awarded and shall not include the
amount wagered by the player and returned to him as part of the
award.
(b)
Merchandise
Prizes. When merchandise is awarded as a prize in a Game of
Chance, its value shall be its cost to the Licensed Organization; or if donated
the fair market value. The fair market value of donated prizes may not be
reported as an expenditure in any financial statement of Function
operations.
(c)
Gifts
Prohibited. No Licensed Organization may offer, distribute or give
any service or thing of value or opportunity to play Games of Chance without
charge. Nothing in 961 CMR 4.04(7) or any other subsection shall prevent the
offering of a door prize or prizes, the value of which shall not exceed $25.00
in cash or merchandise of any value.
(d)
Gift
Certificates. Gift certificates as defined in
961 CMR 4.02(12)
may be awarded as prizes at Bazaars to the
extent they do not exceed $200.00 in value but the use of Gift Certificates as
awards at a Function is expressly prohibited.
(e)
Prizes to be Awarded Only to
Persons who were Present, and Purchased Tickets or made Wagers at
Function. No prize or award shall be paid or awarded in connection
with a Function to any person who is, or was, not present at the Function
himself and personally there made the wager, or obtained the ticket or chance,
resulting in such award or payment.
(8)
Prohibited Acts
(a) Except as provided in 961 CMR 4.04(6)(a)
and (8)(b) no Games of Chance of any kind, whether lawfulor unlawful, and
whether any separate or additional charge or wager is required or not, shall be
conducted or allowed at any Function.
(b)
Raffles. Raffles
may not be conducted at a Function except under the following terms and
conditions:
1. No sales of tickets in any
Raffle shall be made at, or in connection with, a Function unless all aspects
of the Raffle are performed at the Function.
2. If any ticket or card or device for a
Raffle is sold, or any drawing for a Raffle held, other than at and during the
Function, no portion of the Raffle shall be conducted at or during the Function
nor shall the Raffle be considered as being held under the permit for any
Function.
3. Raffles wherein the
winner or winners are chosen by the drawing of a ticket or other card or device
conducted at, or as a part of, a Function shall be treated as conducted solely
pursuant to the permit to conduct that Function. All income, prizes awarded,
and other expenses shall be accounted for, and reported to the Commission, as
required for Functions and shall not be reported, or accounted for, as required
for Raffles conducted under a Raffle permit issued.
4. Tickets for entry into a Raffle held at,
and as a part of, a Function shall be sold or issued separately and each shall
constitute a separate and equal chance to win with all other tickets sold or
issued. No person shall be required to obtain more than one ticket, in order to
enter any such Raffle.
5. Each such
Raffle shall be accounted for separately from other activities in connection
with the Function.
6. Break-open
tickets (such as Charity Games, jar tickets and the like) shall not be employed
in such Raffles. The playing of punchboards is also expressly
prohibited.
(c)
Wagering Among Participants not Permitted. No Licensed
Organization shall permit, as a part of a Function, a gambling activity which
involves a wagering of money or other items of value by one participant
directly against another participant. This rule shall not be construed to
prohibit Games of Chance wholly administered by the Licensed Organization
wherein the licensee collects wagers from among the participants and determines
the winners and amount of prizes on a parimutuel basis.
(d)
Coin Operated Devices
Prohibited. In no event shall coin-operated pull tab dispensing
devices, or any other mechanical gambling or Lottery device activated by
insertion of a coin or other object, be utilized at or in connection with the
conduct of a Function.
(e)
Beano or Bingo. The playing of Beano or Bingo or a
similar game under another name at a Function is expressly
prohibited.
(f)
Credit
and Checks. No Licensed Organization may extend credit to any
patron at a Function. No checks may be cashed or received for the purchase of
chips, script and the like.
(g)
Persons Under Age 18. No person under 18 years of age
shall be permitted on that portion of the premises used for a
Function.
(h)
Transportation of Patrons. No Licensed Organization
shall directly or indirectly provide for transportation of players to or from
the premises where a Functionis conducted unless prior written authorization is
obtained from the Director. For the purposes of 961 CMR 4.04(8)(h), premises
shall include the ways immediately adjoining the premises where the Function is
to be held. Application to the Director for authorization under 961 CMR
4.04(8)(h) 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 4.04(8)(h) may be revoked
or suspended at any time.
(i)
Prohibition of Certain Sales. Except for the sale or
offering for sale by the Licensed Organization of Raffle tickets authorized
under 961 CMR 4.04(8)(b) and food or refreshments, no services, goods or
merchandise maybe sold or offered for sale on that portion of the premises used
for a Function and for one hour before and after the Function.
(j)
Transaction of Certain
Business Prohibited. No person who is directly or indirectly
connected with the manufacture, sale or distribution of gaming equipment or
supplies or his agents, servants or employees may be present during a Function
for the transaction of business.
(k) Workers are prohibited from participating
in Games of Chance at any Function during which they participate as
workers.
(9)
Police Officer Required. Except as authorized by the
Director in writing for good cause shown, each Licensed Organization shall
retain the services of a police officer of the city or town where the Function
is conducted who shall be in attendance from the time sale of admission
commences until Net Proceeds have been secured by deposit or otherwise. The
police officer maybe compensated under
961 CMR 4.05(5)(a)
at a rate not to exceed the rate currently
prevailing for such services in said city or town.
(10)
Limitation of
Hours. Except as authorized by the Director in writing, the
operation of a Function shall be limited to five consecutive hours terminating
no later than 1:00 a.m.
(11)
Limitation of Functions. Except as authorized by the
Director in writing no Licensed Organization shall conduct no more than one
Function in any single calendar day.