TITLE XXIV
GAMES, AMUSEMENTS, AND ATHLETIC EXHIBITIONS

Chapter 287-J
VIDEO LOTTERY TERMINALS

Section 287-J:1

    287-J:1 Definitions. –
For the purposes of this chapter these words shall have the following meaning:
I. "Applicant" means an individual or entity applying for a license under this chapter.
II. "Commission" means the lottery and gaming commission.
III. "Gross video lottery revenue" means the total of all sums actually received by a VLT licensee from operation of video lottery terminals, minus the total of all sums actually paid out as winnings to patrons, less any free play paid to patrons. The maximum amount of free play that any one licensee can deduct from gross video lottery revenue shall be 12.5 percent in any calendar year.
IV. "Facility" means a facility licensed under RSA 287-D for the conduct of charitable gaming.
V. "Video lottery terminal" or "VLT"means any device which, upon payment of bills, coins or vouchers, is available to play or operate and may entitle the patron to receive cash, vouchers, or electronic credits redeemable for cash. The results, including options available to the patron, are randomly determined by the device. A device may use spinning reels or video displays or both. This definition does not include any device that sells lottery tickets, pari-mutuel wagers, nor any device which is operated through, utilizes, or is played on or with assistance from the Internet.
VI. "VLT license" means a license issued in accordance with this section, to offer video lottery terminals to the public.
VII. "VLT licensee" means a game operator employer licensee that has been granted a VLT license under this section.
VIII. "Voucher" means a printed wagering instrument, issued by a video lottery terminal at a facility, that has a fixed dollar wagering value which can only be used to acquire an equivalent value of cashable credits or cash.

Source. 2025, 141:26, eff. July 1, 2025.

Section 287-J:2

    287-J:2 Enforcement. – The commission, with the assistance of the attorney general and the chief of police of any city or town where licensed facilities are located, shall administer and enforce the provisions of this chapter. To enforce the requirements of this chapter, the commission may exercise all rights of enforcement, including but not limited to its subpoena power, investigation authority, and authority to issue administrative orders and fines, granted to the commission by RSA 287-D.

Source. 2025, 141:26, eff. July 1, 2025.

Section 287-J:3

    287-J:3 Rulemaking. –
The commission shall adopt rules, pursuant to RSA 541-A, relative to:
I. The application procedure for VLT licenses for game operators.
II. Information to be required on VLT license applications for VLT licenses for game operators.
III. The conducting and operation of video lottery terminals.
IV. Accountability controls to ensure game integrity, including, but not limited to, cash, prizes, income, expense and financial reporting, and recordkeeping to be implemented by VLT licensees in addition to requirements set forth in RSA 287-D:22.
V. Investigation and enforcement to ensure compliance with this chapter.
VI. Other matters related to the proper administration of this chapter.

Source. 2025, 141:26, eff. July 1, 2025.

Section 287-J:4

    287-J:4 Eligible Operators. –
I. To be eligible for a VLT license, the applicant shall have been licensed or eligible for licensure to sell pari-mutuel pools on historic horse races under RSA 287-D and under RSA 284:22-b, and shall take place within the enclosure of a facility at which the licensee holds its licensed gaming activities under RSA 287-D and that such facility is located within the city or town in which the licensee is licensed or is eligible, as of the effective date of this chapter. A license shall not be permitted to be transferred or sold.
II. Applicants eligible to obtain a VLT license pursuant to paragraph I of this section shall submit to background, financial, and suitability checks pursuant to RSA 287-D:11 and RSA 287-D:12, to ensure the applicant's ability to conduct video lottery terminals in accordance with the provisions of RSA 287-D and this chapter. An entity found suitable for gaming by the commission as of the effective date of this chapter shall satisfy paragraph I and RSA 284:22-b. The applicant for a VLT license shall submit to the commission a criminal history records release form, as provided by the division of state police, which authorizes the division of state police to conduct a criminal history records check through its state records and through the Federal Bureau of Investigation and to release a report of the applicant's criminal history and record information, including confidential criminal history record information, to the commission.
III. Applicants seeking a VLT license shall apply utilizing forms supplied by the lottery commission. The VLT license fee shall be $2,000 per three-year license period.
IV. Applicants seeking a VLT license must also obtain a game operator employer license in accordance with RSA 287-D prior to commencing VLT operations.

Source. 2025, 141:26, eff. July 1, 2025.

Section 287-J:5

    287-J:5 Operation of Video Lottery Terminals. –
I. Prior to use all VLTs must have been tested by an independent testing laboratory and approved by the commission to ensure integrity and proper working order.
II. No VLT shall be operated except within the facility of an eligible VLT licensee during the facility's approved hours of play of charitable games.
III. VLTs shall operate to ensure a minimum average daily aggregate payback of 88 percent computed for all VLTs operated at each facility on a quarterly basis.
IV. VLTs shall operate to ensure a minimum average daily aggregate payback of 88 percent computed for all VLTs operated at each facility on a quarterly basis, except for machines that are tied to a wide-area progressive link, which shall have minimum average daily aggregate payback of 80 percent. For historic horse racing pools authorized by RSA 284:22-b tied to a wide-area progressive link, the commission on such pools shall be set at a rate no greater than 20 percent.

Source. 2025, 141:26, eff. July 1, 2025.

Section 287-J:6

    287-J:6 Revenue Share. –
I. Each VLT licensee shall collect a sum equal to 31 percent of gross video lottery revenue.
II. Each VLT licensee shall distribute 0.25 percent of gross video lottery revenue collected to the governor's commission on addiction, treatment, and prevention.
III. Each VLT licensee shall distribute 30.75 percent of gross video lottery revenue pursuant to subparagraphs (a) and (b).
(a) Each licensee shall distribute 35 percent of the amount collected under paragraph III to charitable organizations with whom the licensee contracts on each licensed game date. Each VLT licensee must contract with 2 licensed charitable organizations for each game date.
(b) The remainder collected under paragraph III shall be paid to the commission and distributed as follows:
(1) 25 percent to the special fund established under RSA 284:21-j for use as provided in that section;
(2) 75 percent to the general fund.

Source. 2025, 141:26, eff. July 1, 2025.

Section 287-J:7

    287-J:7 Unclaimed Vouchers. –
I. Vouchers shall remain valid for 180 days from the date printed, after which the obligation of the VLT licensee to pay the patron any value remaining on a voucher expires.
II. Before the end of each calendar month, the VLT licensee shall report and remit the total value of vouchers that expired during the preceding calendar month in a format prescribed by the commission.
III. Such moneys shall become a part of the special fund established in RSA 284:21-j.

Source. 2025, 141:26, eff. July 1, 2025.