Sw 300 RulesforSalesAgent

CHAPTER Lot 300 RULES FOR LOTTERY RETAILERS

PART Lot 301 PURPOSE, SCOPE, AND DEFINITIONS

Lot 301.01 Purpose. The purpose of this chapter is to establish requirements for obtaining and maintaining a license to sell lottery games on behalf of the New Hampshire lottery commission.

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Lot 301.02 Scope. The requirements of this chapter shall apply to individuals or entities seeking to obtain or currently hold a lottery retailer license from the New Hampshire lottery commission.

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Lot 301.03 Definitions.

(a) “Applicant” means a person who, or entity that, seeks to obtain a license in accordance with this chapter to sell lottery games.

(b) “Commission” means the New Hampshire lottery commission established pursuant to RSA 284:21-a, or its designated staff having authority to perform administrative and clerical functions for the commission.

(c) “Lottery games” means scratch ticket games, draw games, terminal games, and monitor games offered by the New Hampshire lottery commission in accordance with Lot 1000, Lot 1100, and Lot 2000.

(d) “Lottery retailer” means an individual who, or entity that, is licensed by the commission to sell lottery games.

(e) “Ticket courier services” means a third party that purchases lottery tickets on behalf of individuals and delivers those tickets to the individual as a for-profit service.

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PART Lot 302 OBTAINING AND MAINTAINING A LOTTERY RETAILER LICENSE

Lot 302.01 License Eligibility.

(a) No individual or entity shall sell lottery games without possessing a current and valid license issued by the commission in accordance with RSA 284:21-h, II, RSA 284:21-i, V(a)(5), and this chapter.

(b) To be eligible for a license:

(1) Neither the applicant nor any individuals identified on the application shall:

a. Be under the age of 18; and

b. Have been convicted of:

1. A felony or class A misdemeanor within the previous 10 years which has not been annulled by a court; or

2. A class B misdemeanor within the previous 5 years which has not been annulled by a court; and

(2) The applicant shall:

a. Have the ability to meet financial obligations as demonstrated by:

1. An established credit history that demonstrates that the applicant makes timely payments, and has no bankruptcies or tax liens against them; or

2. A bond secured in the amount of $20,000, naming the commission as the obligee, and conditioned upon the applicant’s compliance with payment obligations relative to weekly settlement and remittances;

b. Not have had any previously issued licenses revoked by the commission within at least 12-months of the application being submitted; and

c. Otherwise meet the requirements for licensure under RSA 284:21-a through RSA 284:21-v and this chapter.

(1) Exclusively sells lottery games; or

(2) Provides ticket courier services.

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Lot 302.02 Submitting an Application.

(a) To apply for a license to become a lottery retailer, the applicant shall submit the following to the commission:

(1) A completed “Lottery Retailer Application” form (1/2026), which shall include the following:

a. Certifications from each of the current owners, partners, members, managers and officers of the business affirming that:

1. They have not been convicted of a felony or a Class A misdemeanor within the previous 10 years, which has not been annulled by a court, or a class B misdemeanor within the past 5 years, which has not been annulled by a court, and has not violated any of the statutes or rules governing gaming in the past in this or any other state;

2. By signing the form, they affirm their consent for the commission to conduct a check on their credit history; and

3. They understand that a check will be performed of their credit history and, if their credit history does not meet the threshold set by the commission, the applicant may be required to provide a surety bond naming the commission as obligee and conditioned upon the applicant’s compliance with payment obligations relative to weekly settlement and remittances;

b. A certification from the authorized representative of the business signing the application on behalf of the business affirming that:

1. The individuals is authorized to submit the application on behalf of the business;

2. The business will not allow any employee to operate KENO 603 games if such person has been convicted of a felony within the previous 10 years, which has not been annulled by a court, or a misdemeanor involving falsehood or dishonesty within the previous 5 years, which has not been annulled by a court, or has violated the statutes or rules governing gaming in this or any state; and

3. The information provided on the form and on any of the supporting documentation is true, accurate and complete and that there are no willful misrepresentations in or falsifications of the information provided therein;

(2) If the applicant is seeking to license multiple locations, a completed “Business Information Worksheet” form (1/2026);

(3) If the applicant is conducting business under any name other than the applicant’s own legal name, proof of current registration with the New Hampshire secretary of state, corporation division;

(4) A completed New Hampshire Bureau of Purchase and Property “State of New Hampshire Alternate W-9 Form” (4/2024) available on the commission’s website (www.nhlottery.com/retailers);

(5) A completed “Authorization Agreement for Variable Withdrawals (ACH-Debits)” form (1/2026) available on the commission’s website (www.nhlottery.com/retailers), along with:

a. If withdrawals will be taken from a checking account, a voided check from that account; or

b. If withdrawal will be taken from a saving account, bank verification for that account;

(6) A signed “New Hampshire Lottery Retailer Uniform Agreement” form (1/2026) available on the commission’s website (www.nhlottery.com/retailers);

(7) A copy of a state or government issued ID such as a driver’s license or passport, for each owner, partner, member, manager, or officer of the business identified in Sections 5 of the application; and

(8) A completed New Hampshire State Police “Criminal Records Release Authorization Form” (DSSP392 rev. 5/2017) for each individual identified in Section 5 of the application submitted in accordance with (1) above, along with payment of the applicable fee as established by the NH state police. This form is available on the commission’s website (www.nhlottery.com/retailers).

(b) An application shall be deemed complete when, upon review, the commission determines that the application is legible, includes all the items required by (a) above, and does not contain apparent errors or omissions.

(c) If, upon review, the commission determines that the application is illegible, does not include all the items required by (a) above, or contains apparent errors or omissions, the commission shall consider the application incomplete and return the application to the applicant.

(d) If at any time the applicant or licensee discovers that information provided in accordance with (a) above has changed, or is otherwise found to be inaccurate, they shall submit updated or corrected information to the commission within 10 days of the event that resulted in the change, or discovery of the inaccuracy.

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Lot 302.03 Site Survey.

(a) Once an application has been deemed complete, the commission or its authorized vendor shall conduct a site survey of the location to determine:

(1) What type of communication is needed to connect the lottery terminal, if applicable;

(2) If a dedicated electrical outlet is located within 10 feet of where the lottery terminal will be located, if applicable; and

(3) Compliance with the Americans with Disability Act of 1990 (ADA) and the commission’s 1997 settlement agreement with the US Department of Justice (Complaint No. 204-47-25).

(b) If the site survey performed pursuant to (a)(3) above determines that the location does not meet ADA requirements, the commission shall notify the applicant in writing, and the applicant shall have 30-days to come into compliance.

(c) In the event that the applicant is not compliant with the ADA after 30-days from the time of the commission’s written notice, the commission shall deny the application.

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Lot 302.04 Mandatory Training Requirements.

(a) The commission shall make a training program available to lottery retailers and employees involved in the sale of lottery games to inform them of the commission’s policies and procedures relative to:

(1) The selling of lottery games;

(2) The operation and maintenance of lottery terminals and related equipment;

(3) Asset management requirements including accounting procedures and ticket inventory controls; and

(4) Responsible gaming policies.

(b) At least one manager from each lottery retailer business location shall attend and successfully complete the training program prescribed by (a) above:

(1) Prior to commencing lottery game sales; and

(2) As otherwise required by the commission to:

a. Provide instruction on new lottery games, products, or equipment;

b. Provide guidance on new or existing policies and procedures; or

c. Ensure the integrity of lottery games.

(c) Failure to comply with (b) above shall be grounds for the commission to deny, suspend, or revoke a lottery retailer license.

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Lot 302.05 Issuance of a License.

(a) The commission shall issue a lottery retailer license when it determines that:

(1) The applicant:

a. Meets the eligibility requirements for licensure as set forth in Lot 302.01-302.04 above;

b. Has not had a check returned to the commission for insufficient funds, which was not subsequently resolved and paid in full;

c. Has paid all fines imposed under administrative remedies by the commission;

d. Has implemented age verification measures to block access to and prevent the sale of lottery games to individuals under the age of 18 years of age as required by RSA 284:21-h, II(e)(1);

e. Has not provided false or misleading information to the commission;

f. Has not prevented, interfered, or failed to cooperate with any inspection or investigation conducted by the commission;

g. Has provided files or documents to the commission upon request;

h. Is in full compliance with ADA requirements;

i. Has completed the mandatory trainings required by Lot 302.04; and

j. Has met sales goals as set forth in the retailer agreement; and

(2) Issuance of the license would:

a. Best serve public convenience consistent with the purposes of RSA 284 and this chapter; and

b. Be in the best interests of the lottery commission, the public welfare, or the state of New Hampshire.

(b) If a license is granted, the approved licensee shall sign the “New Hampshire Lottery Retailer Uniform Agreement” form (1/2026) stating that the licensee shall comply with all the requirements of RSA 284:21-h, II(d) and all applicable commission rules.

(d) A license issued in accordance with this chapter shall expire 4 years from the date of issue unless renewed in accordance with Lot 302.07 below.

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Lot 302.06 Application Denials.

(a) The commission shall deny an application for licensure when it has determined that:

(1) The applicant:

a. Does not meet the requirements for licensure as set forth in Lot 302.01-302.04 above;

b. Has had a check returned to the commission for insufficient funds and has not re-submitted the outstanding fee in the form of cash, money order, or certified check;

c. Failed to pay a fine imposed under administrative remedies by the commission;

d. Has not implemented age verification measures to block access to and prevent the sale of lottery games to individuals under the age of 18 years of age as required by RSA 284:21-h, II(e)(1);

e. Provided false or misleading information to the commission;

f. Prevented, interfered, or failed to cooperate with any inspection or investigation conducted by the commission;

g. Failed to provide requested files or documents to the commission upon request;

h. Is not in full compliance with ADA requirements;

i. Has not completed the mandatory trainings required by Lot 302.04;

j. Has not met sales goals as set forth in the retailer agreement; or

k. Is providing ticket courier services; and

(2) Issuing a license would not:

a. Best serve public convenience consistent with the purposes of RSA 284 and this chapter; and

b. Be in the best interests of the lottery commission, the public welfare, or the state of New Hampshire.

(b) If the application is denied, the commission shall inform the applicant in writing. An applicant may contest a decision of the commission in accordance with RSA 541-A, RSA 541, if applicable, and Lot 200.

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Lot 302.07 License Renewals.

(a) Each licensee shall submit the following to the commission at least 45 days prior to the expiration of their current license.

(1) A completed “Lottery Retailer License Renewal Application” form (1/2026), which shall include a certification from the authorized representative signing the application on behalf of the business affirming that:

a. The individuals is authorized to submit the application on behalf of the business;

b. The business will not allow any employee to operate KENO 603 games if such person has been convicted of a felony within the previous 10 years, which has not been annulled by a court, or a misdemeanor involving falsehood or dishonesty within the previous 5 years, which has not been annulled by a court, or has violated the statutes or rules governing gaming in this or any state; and

c. The information provided on the form and on any of the supporting documentation is true, accurate and complete and that there are no willful misrepresentations in or falsifications of the information provided therein; and

(2) If the applicant is seeking to renew licenses for multiple locations, a completed “Business Information Worksheet” form (1/2026).

(b) The commission shall approve or deny the renewal of a license based on the criteria set forth in Lot 302.05 and Lot 302.06 above.

(c) If at any time the licensee discovers that information provided in accordance with (a) above has changed, or is otherwise found to be inaccurate, they shall submit updated or corrected information to the commission within 10 days of the event that resulted in the change, or discovery of the inaccuracy.

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Lot 302.08 Changes in Ownership.

(a) Except as provided by (b) below, the licensee shall notify the commission in writing at least 45 days prior to a substantial change in ownership and request the retention or termination of the license.

(b) When a change is the result of the transfer of interest in publicly traded securities, the reporting shall occur within 45 days after the transfer or at the time that any reporting of the ownership interest is made to the federal Securities and Exchange Commission, whichever is earlier.

(1) The addition of a new owner with 10% or more stake in ownership, including the transfer, in aggregate, directly or indirectly, of 10% or more of the equity, management control, legal ownership, or shares of stock of the business other than to those already having an interest of 10% or more in the business at the time of approval or renewal of the license;

(2) A change in ownership type such as changing from a sole proprietorship to a partnership or corporation; or

(3) Any change in employer identification number (EIN) or a change to the corporation’s legal name or number.

(d) To remain eligible for licensure, all new owners with 10% or more stake in the ownership shall meet the eligibility requirements set forth in Lot 302.01.

(e) When a substantial change in ownership results in a new person or entity being the owner of the license, the licensee shall execute the “New Hampshire Lottery Retailer Uniform Agreement” (1/2026) in the name of the new owner to ensure the agreement is binding upon that person or entity.

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Lot 302.09 Responsibilities of Lottery Retailer Licensees.

(a) Each licensee shall:

(1) Only sell lottery games at the location specified on the lottery retailer’s license or at such other locations as the commission has approved;

(2) Only sell lottery games to individuals who are 18 years of age or older;

(3) Adhere to the lottery retailer agreement;

(4) Permit the inspection of its premises upon request of the commission to determine whether said licensee is complying with the provisions of the RSA 284, this chapter, and the licensing agreement. Such inspections might be made without notice during normal business hours;

(5) Make all books and records pertaining to the licensee’s lottery activities available for inspection upon the request of the commission;

(6) Notify the commission, in writing, within 10 days of any arrest, indictment, or service of a summons, or conviction for any felony whether within or without the state of New Hampshire, or within or without the United States;

(7) Fully cooperate with an investigation of the commission;

(8) Report any stolen tickets at once both to local law enforcement officials and to the commission;

(9) Immediately report lost tickets to the commission; and

(10) Be responsible for any lost tickets. Tickets lost for 10 business days or more will be settled, and the licensee shall be responsible for the cost.

(b) All property provided to a licensee by the commission shall remain the property of the commission and retailers shall acquire no interest whatsoever in the equipment.

(c) No lottery retailer shall advertise or otherwise display advertising in any part of the lottery retailer’s licensed location which might be considered derogatory or adverse to the operations or dignity of the commission.

(d) All tickets accepted by the licensee from the commission are deemed to have been purchased by said lottery retailer unless they are returned no later than the time announced by the commission or unless special permission is received from the commission.

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Lot 302.10 Prohibition on Bulk Ticket Sales.

(a) A lottery retailer shall not knowingly sell to any purchaser, whether the purchaser is individual, group, or entity that purchases, in aggregate, lottery tickets exceeding $10,000 within a 24 hour period of time, regardless of whether the purchase occurs in a single transaction or multiple transactions. The purchase of lottery tickets by multiple individuals acting in concert shall be deemed bulk purchasing. For the purposes of this rule, "acting in concert" includes, but is not limited to, individuals or entities coordinating their purchases, sharing funds for purchases, or acting on behalf of a common interest or strategy to exceed the stated purchase limitation.

(b) The commission reserves the right to investigate any purchase patterns it deems suspicious or indicative of bulk ticket purchases. The commission’s determination as to whether a violation of this rule has occurred shall be final and binding. The commission shall consider factors such as, but not limited to, video surveillance, purchase records, and witness statements in its investigation.

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PART Lot 303 HANDLING OF FUNDS

Lot 303.01 Deposit of Lottery Revenue by Lottery Retailers.

(a) Each lottery retailer shall establish an account at a bank or depository that is a member of the New England Automated Clearing House Association or its successor association, which is separate from all other deposit accounts maintained by the lottery retailer.

(b) Lottery retailers shall deposit into the account established in accordance with (a) above all monies received from the sale of lottery games.

(c) Each lottery retailer shall maintain proper and usual banking records relative to the account established in accordance with (a) above, and make such records available to the commission upon request.

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Lot 303.02 Accountability and Recordkeeping.

(a) The lottery retailer shall be liable for all lottery game or associated products upon physical receipt of said games or products.

(b) Each lottery retailer shall keep current records of all lottery operations and make such records available for inspection and audit by commission.

(c) Each lottery retailer shall account for all proceeds resulting from sales of lottery games upon request of the commission.

(d) The proceeds from lottery ticket sales that cannot be accounted for by the lottery retailer on the settlement date, regardless of reason, shall be due from the lottery retailer.

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Lot 303.03 Licensee Payments.

(a) Each licensed lottery retailers shall electronically transfer the funds due to the lottery commission on a weekly basis.

(b) Failure to make payment when due shall result in the commission taking the following actions:

(1) If no other failures have occurred within the previous 12-months, the licensee shall submit payment in full within 2 business days of receiving notice from the commission that the payment was not made;

(2) If the licensee fails to submit payment as required by (1) above, or if the failure to submit payment is the second occurrence within a 12 month period, the commission shall immediately shut down electronic lottery sales equipment and suspend the sale of lottery games until payment is made in full;

(3) If a third failure occurs within a 12-month period, the commission shall:

a. Immediately shut down electronic lottery sales equipment and suspend the sale of lottery games until the licensee posts a bond in the amount of $20,000, naming the commission as the obligee, and conditioned upon the licensee’s compliance with payment obligations; or

b. Immediately revoke the license and remove all lottery games and equipment; and

(4) If a fourth failure occurs within a 12-month period, the commission shall immediately revoke the license, remove all lottery games and equipment, and collect the bond.

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PART Lot 304 SUSPENSIONS AND REVOCATIONS

Lot 304.01 Suspensions and Revocations.

(a) The following violations shall be considered grounds for revocation of a license:

(1) Failing to comply with the requirements of RSA 284 or this chapter, including failing to comply with the conditions of the lottery retailer agreement;

(2) Failing to display commission point-of-sales material in a manner readily available to the public;

(3) Failing to take corrective action following the suspension of a license;

(4) Having a history of thefts or other forms of losses of lottery product or revenue therefrom;

(5) Failing to accurately account for tickets received or for the proceeds of the sale of tickets or to file a bond, if required by the commission;

(6) Providing false or misleading information to the commission, including willfully and knowingly making false statements or false entries in any books or records with respect to any transaction connected with the sale of lottery games;

(7) Failing to make payments in accordance with Lot 303.03(a) above;

(8) Hindering or obstructing an authorized representative of the commission in the performance of official duties, such as refusing to access to the premises, or failing to produce any books, records, or documents for review;

(9) Engaging in fraud, deceit, misrepresentation, or conduct prejudicial to public confidence;

(10) Manipulating the outcome of any game or otherwise compromising the integrity of the game;

(11) Selling lottery games to individuals under the age of 18 years of age;

(12) Engaging in any conduct that undermines the public confidence in lottery games or does not otherwise protect the public’s interests or the interests of the state of New Hampshire;

(13) Engaging in any conduct that serves the interest of organized gambling or crime and criminals in any manner;

(14) Participating in illegal activities including possessing illegal gambling equipment, or permitting illegal gambling in the premises;

(15) Selling bulk tickets in violation of Lot 302.10 or knowingly selling tickets to purchasers acting in concert to purchase lottery tickets; or

(16) Being found by the commission to lack the experience, character, general fitness, and professional conduct such that the retailers participation as a lottery retailer is inconsistent with public interest or convenience.

(b) Upon the effective date of the revocation, the licensee shall immediately cease holding itself out to the public as a licensee of the commission, and cease engaging in any act for which licensing is required.

(d) Upon termination of a lottery retailer's license for any reason, the lottery retailer shall comply with the commission’s instructions regarding payment of remaining amounts owed by the lottery retailer, and the surrender of the lottery retailer license, lottery equipment, tickets, and other material provided by the commission.

(e) If the lottery retailer fails to comply with such instructions, the commission shall take steps to impose such penalties and exercise such enforcement powers as might be provided for by law, including referral of the debt for collection or further action. The lottery retailer may be liable in the amount of the debt, plus any collection costs, penalties, interest, and attorney fees to which the commission may be entitled.

(f) If a license has been revoked, the commission shall not issue a subsequent license until:

(1) The passage of the amount of time specified in the revocation order;

(2) The licensee submits an application in accordance with this chapter;

(3) The licensee demonstrates that the cause for revocation no longer exists; and

(4) The licensee demonstrates that any corrective actions that were ordered by the commission have been fully implemented.

(g) Grounds for a suspension shall exist when one or more violations are grounds for license revocation, as set forth in (a) above, but the licensee did not act with the intent to deceive, and the deficiencies can be corrected to conform to applicable requirements.

(h) Upon the effective date of the suspension, the licensee shall immediately cease engaging in any act for which a license is required until the commission grants reinstatement pursuant to (m) below.

(i) If the commission orders the temporary suspension of a lottery retailer’s license pending any prosecution, investigation, or hearing, the lottery retailer shall permit the commission to retrieve lottery equipment, tickets, and other material provided by the commission that might be in the lottery retailer’s possession.

(j) Failure to comply with (h) or (i), above, shall constitute separate grounds for further legal and licensing action.

(k) A lottery retailer under a temporary suspension shall continue to remit amounts owed to the commission when required during such temporary suspension.

(l) The minimum period for suspension shall be the amount of time necessary for the licensee to take corrective action ordered by the commission and return to compliance.

(m) The commission shall reinstate a suspended license when:

(1) The licensee submits to the commission a written request for the license to be reinstated with documentation demonstrating that all of the corrective actions ordered by the commission have been taken; and

(2) The commission determines that all corrective actions have, in fact, been taken and the licensee has returned to compliance.

(n) If the commission does not grant the request for reinstatement it shall so notify the petitioner and provide the opportunity for a hearing.

(o) If, after receiving a request for a license, the commission has information that indicates that a reason, as set forth in (a) above, exists to refuse the request, the commission shall inform the licensee of the information and offer an opportunity for the licensee to respond to the information prior to a decision being made on the application.

(p) The commission shall not issue a license until such time as the reason(s) for the refusal have been corrected.

(q) Pursuant to RSA 541-A, RSA 541, if applicable, and Lot 200, prior to taking adjudicative action, the commission shall send to the licensee a written notice, which states:

(1) The intended action;

(2) The reason(s) for the intended action;

(3) The right to request an administrative appeal, as applicable; and

(4) In the case of a notice of suspension, notification that if the deficiencies are not corrected within the specified time, the license shall be deemed revoked.

(r) Upon revocation or suspension of a lottery retailer’s license for any reasons whatsoever, the lottery retailer shall appear at lottery headquarters by a date designated by the commission for the purpose of rendering the lottery retailer’s final lottery accounting, and the surrender of lottery retailer’s license, and other lottery property.

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Appendix A

Rule	Specific State Statute the Rule Implements
Lot 301	RSA 284:21-i, V (a)(5)
Lot 302	RSA 284:21-h, II (d) and II-a, III
Lot 303	RSA 284:21-i, V (a)(5)
Lot 304	RSA 284:21-h, II (d)