TITLE XXIV GAMES, AMUSEMENTS, AND ATHLETIC EXHIBITIONS
CHAPTER 287-D GAMES OF CHANCE
Unlawful Gambling Machines
Section 287-D:32
287-D:32 Local Option; Games of Chance. –
I. The lottery commission shall not grant a game operator employer license to operate games of chance in a municipality if that municipality has voted to prohibit games of chance to be held within its boundaries, or if there is a pending question on the municipality's warrant or official ballot for the next regular municipal election. Such vote shall be held in the following manner:
(a) In a town, the question shall be placed on the warrant of an annual town meeting under the procedures set out in RSA 39:3, and shall be voted on a ballot. In a city, the legislative body may vote to place the question on the official ballot for any regular municipal election, or, in the alternative, shall place the question on the official ballot for any regular municipal election upon submission to the legislative body of a petition signed by 5 percent of the registered voters.
(b) The selectmen, aldermen, or city council shall hold a public hearing on the question at least 15 days, but not more than 30 days before the question is to be voted on. Notice of the hearing shall be posted in at least 2 public places in the municipality, on the website of the municipality, and by publication in a newspaper of general circulation at least 14 days before the hearing.
(c) In municipalities where games of chance are not currently in operation, the wording of the question shall be substantially as follows: "Shall we prohibit the operation of games of chance within the town or city?"
(d) In municipalities where games of chance are currently operating, the wording of the question shall be substantially as follows: "Shall we prohibit additional games of chance operations with a physical facility within the town or city?"
II. If a majority of those voting on the question vote "Yes," new games of chance may not be operated within the town or city.
III. If the question is not approved, the question may later be voted upon according to the provisions of paragraph I as early as the next annual town meeting or regular municipal election.
IV. A city or town may rescind its disapproval for operation of games of chance under RSA 287-D by following procedures in paragraph I in this section.
V. An unincorporated place may disallow the operation of games of chance by majority vote of the county delegation, after a public hearing is held, and may be rescinded in a similar fashion.
VI. The lottery commission shall maintain a list of municipalities where games of chance have been prohibited pursuant to this section.
VII. If the town, city, or unincorporated place has voted within this section to prohibit games of chance, that municipality may pass an ordinance allowing only a specified number of charitable gaming events per year, or a certain number of dates per year to be determined by the town, hosted by local charitable organizations pursuant to RSA 287-D:4, and specifying how the municipality shall determine how charitable organizations register for a gaming event.
VIII. Notwithstanding any other provision of law, including paragraphs I and II, any vote by a municipality to prohibit games of chance within its boundaries shall not apply to any games of chance operator licensed by the lottery commission, or any applicant who has applied for a games of chance operator license prior to the date of the petition in subparagraph I(a) or the notice date in subparagraph I(b), except that any operator who ceases operation for a period exceeding 4 years, or an applicant who fails to commence operation within 6 years of application approval, shall be subject to any intervening vote by the municipality.