Current through Register No. 12, March 21, 2024
(a)
Pursuant to
RSA 287-D:4,
I, any charitable organization that conducts
games of chance shall obtain a license to do so, regardless of whether the
charity will be operating the games themselves or hiring a game operator
employer to operate the games on their behalf.
(b) To be eligible for a license, the
charitable organization shall:
(1) Meet the
definition of charitable organization as set forth in Lot 7202.02
above;
(2) Be registered with the
secretary of state as a domestic non-profit authorized to do business in New
Hampshire for 2 or more years prior to the application; and
(3) Be registered and in good standing with
the director of charitable trusts, if required under
RSA
7:19 through
RSA
7:32.
(c) Except as allowed by
RSA 287-E:6,
II, the charitable organization applying for
a games of chance license shall submit the following to the commission at least
60 days prior to, but no more than 180 days before the first proposed game
date:
(1) A completed "Games of Chance
Application - Charitable Organization License" form (6/2019);
(2) The supporting documentation specified in
(d) or (e) below, as applicable;
(3) Payment of the following fees, pursuant
to
RSA 287-D:13:
a. A license fee of $25 per game date,
pursuant to
RSA
287-D:13,I; and
b. When applicable, a $10 badge fee each bona
fide member that will be participating in the operation of the event;
and
(4) Documentation
and payment for background and criminal record checks, as required by
RSA
287-D:12, V, for all members
of the organization who:
a. Engage in
monetary transactions or are otherwise responsible for overseeing the games of
chance. The organization's chairperson and treasurer of the organization
typically engage in monetary transactions; and
b. Operate the games of chance, when the
organization operates the games itself, in lieu of hiring a game operator
employer.
(d)
Except as allowed by (e) below, the supporting documentation required by (c)(2)
above, shall include:
(1) One of the
following documents confirming the organization's tax exempt status:
a. An affirmation letter or letter of
determination from the Internal Revenue Service (IRS) that indicates the
organizations tax exempt status under
26 USC
§
501(c)(3), (4), (7), (8), (10), or
(19); or
b. If the charitable organization is exempt
by virtue of a group ruling:
1. A copy of the
group exemption letter issued to the central organization recognizing on a
group basis the exemption under
26 USC
§
501(c)(3), (4), (7), (8), (10), or
(19), of subordinate organizations on whose
behalf the control organization has applied for recognition of exemption;
and
2. A letter from the central
organization with which the charitable organization is affiliated confirming
that the charitable organization is covered under the central organization's
group tax exemption;
(2) Documentation of registration with the
director of charitable trusts, if required under
RSA
7:19 through
RSA 7:32, that
includes the registration number, and an indication that the organization is
currently in good standing;
(3)
Documentation of registration with the New Hampshire secretary of state, that
includes the registration number, and indicates that the organization has been
registered to do business in New Hampshire for at least 2 years;
(4) A letter written on the charitable
organizations letterhead and signed by an authorized officer of the
organization, which describes the charitable purposes for which the
organization is organized, and the extent these charitable purposes have been
furthered by the organization within the community;
(5) A current and complete list, as described
in Lot 7206.01 below, of all officers within the organization and all bona fide
members having involvement, to any degree, with the games of chance
event;
(6) A copy of the proposed
game schedule, which complies with the criteria set forth in Lot 7206.02
below;
(7) When applicable, copies
of any facility rental or lease agreements that have not already been approved
by the commission, which complies with the criteria set forth in Lot 7206.03
below;
(8) When applicable, copies
of any agreements between licensees that have not already been approved by the
commission, which complies with the criteria set forth in Lot 7206.04
below;
(9) When the charitable
organization will be operating its own games of chance event:
a. A description of the gaming area, which
complies with the criteria set forth in Lot 7206.05 below;
b. Copies of any house rules that have not
already been approved by the commission, and which comply with the criteria set
forth in Lot 7206.06 below;
c.
Copies of the game procedures for any games that will be offered that have not
already been approved by the commission, and which comply with the criteria set
forth in Lot 7206.07 below; and
d.
For each bona fide member that will be participating in the operation of the
event, a photo that meets the criteria set forth in Lot 7206.09 below;
and
(10) When a
member(s) of the organization other than or in addition to the treasurer will
be handling monetary transactions, a letter signed by the treasurer of the
charitable organization granting authorization to the member(s).
(e) When the charitable
organization held a valid license the previous year, the charitable
organization shall submit the following supporting documentation:
(1) The games of chance financial reports, as
required by Lot 7208 below, for any month which has not previously been
submitted, and is due or overdue;
(2) Updated documentation when previously
submitted information provided in accordance with (d) above has changed, is no
longer accurate, is no longer effective, or has been found to be inaccurate;
and
(3) Documentation and payment
for background and criminal record checks, as required by Lot 7204.01 below,
when such documentation has not been submitted to the commission within the
past 6 months.