CHAPTER Lot 7200 GAMES OF CHANCE, VLT, AND HHR

Statutory Authority: RSA 284:12, X, RSA 284:22-b, VI, RSA 287-D:3; and RSA 287-J:3

REVISION NOTE:

Pursuant to 2008, 25:1, effective 7-11-08, the Pari-Mutuel Commission, which had first adopted Chapter Pari 1200 titled “Games of Chance” in Document #8691, effective 7-25-06, was renamed the Racing and Charitable Gaming Commission.

Subsequently Document #9281, effective 9-24-08, which was an interim rule, made many changes to Chapter Pari 1200 of the former Pari-Mutuel Commission in order to implement Chapters 285, 291, and 371 of the Laws of 2008. Document #9281 adopted some new rules and amended some existing rules. Specifically, Document #9281 readopted with amendments and renumbered Pari 1202.03 as Pari 1202.07, and readopted with amendments Pari 1212.01, Pari 1212.02, and Pari 1214.01 through Pari 1214.04. Document #9281 also renumbered, but did not readopt at that time, other existing rules in Pari 1200, which retained the effective dates from the prior documents affecting those rules.

New rules adopted by Document #9281 included:

Pari 1202.01 Pari 1202.12

Pari 1202.04 Pari 1215.08

Pari 1202.05 Pari 1217

Pari 1202.06 Pari 1218

Pari 1202.10

Existing rules amended, but not readopted or renumbered, by Document #9281 included:

Pari 1201.02 Pari 1210.01

Pari 1205.01 Pari 1211.01

Pari 1205.02 Pari 1213.01

Pari 1205.03 Pari 1216.01

Pari 1207.01 Pari 1216.02

Pari 1207.02

Existing rules renumbered by, but not contained in, Document #9281 included:

Former Number New Number

Pari 1202.01 Pari 1202.02

Pari 1202.02 Pari 1202.03

Pari 1202.04 Pari 1202.08

Pari 1202.05 Pari 1202.09

Pari 1202.06 Pari 1202.11

The Racing and Charitable Gaming Commission was subsequently abolished pursuant to 2015, 276:121, effective 7-1-15, which amended RSA 284:6-a. Pursuant to 2015, 276:137, I, all the functions, positions, powers, duties, and responsibilities of the Racing and Charitable Gaming Commission were transferred to the Lottery Commission. Pursuant to 2015, 276:137, II, all existing rules of the Racing and Charitable Gaming Commission were similarly transferred to the Lottery Commission.

Document #10929, effective 9-10-15, was filed by the Lottery Commission and readopted with amendments Chapter Pari 1200, making many changes to the wording, format, and numbering of the rules in Chapter Pari 1200. Document #10929 replaced all prior filings affecting Chapter Pari 1200. The filings of the Pari-Mutuel Commission and the Racing and Charitable Gaming Commission affecting the former Chapter Pari 1200 included the following documents:

#8691, INTERIM, eff 7-25-06

#8804, eff 1-20-07

#8921, eff 6-27-07

#9281, INTERIM, eff 9-24-08

#9413, eff 3-12-09

#9882, eff 3-3-11

#10575, eff 4-18-14

#10792, INTERIM, eff 2-26-15, EXPIRED 8-25-15

Prior to the filing of rules in Document #10792, effective 2-26-15, many rules in Chapter Pari 1200 had expired 1-20-15 because they had not been affected by filings after Document #8804, effective 1-20-07. The rules in Chapter Pari 1200 filed in Document #10792, effective 2-26-15, had expired as interim rules on 8-25-15 until Chapter Pari 1200 was readopted with amendments in its entirety by Document #10929, effective 9-10-15.

Document #12839, effective 7-27-19, subsequently readopted and readopted with amendments various rules in Chapter Pari 1200 and renumbered them as rules in a new Chapter Lot 7200 of the Lottery Commission. Document #12839 also adopted new rules. Document #12839 replaced all prior filings affecting the former Chapter Pari 1200. The filings affecting the former Chapter Pari 1200 after Document #10929 included the following documents:

#11108, eff 4-26-16

#11118, eff 6-22-16 (Games of Chance Forms)

#12019, eff 10-27-16

#12096, eff 1-27-17

PART Lot 7201 PURPOSE AND SCOPE

Lot 7201.01 Purpose. The purpose of this chapter is to establish requirements for games of chance (GOC) pursuant to RSA 287-D:1 through RSA 287-D:25, video lottery terminals (VLT) pursuant to RSA 287-J, and historic horse racing (HHR) pursuant to RSA 284.

Source. #12839, eff 7-27-19; ss by #14341, EMERGENCY, eff 8-21-25; ss by #14503, eff 2-4-26, EXPIRES: 2-4-36

Lot 7201.02 Scope. This chapter shall apply to:

(a) Charitable organizations, communities, entities, or individuals that conduct or otherwise receive gaming revenue from GOC activities;

(b) Any person acting as or otherwise performing the duties of a primary or secondary game operator;

(d) Any person or entity owning or leasing a facility at which GOC are held, VLT, or HHR machines are operated.

Source. #12839, eff 7-27-19; ss by #14341, EMERGENCY, eff 8-21-25; ss by #14503, eff 2-4-26, EXPIRES: 2-4-36

PART Lot 7202 DEFINITIONS

Lot 7202.01 “Bona fide member” means “bona fide member” as defined by RSA 287-D:1, II, namely “a person who has held full and regular membership in the charitable organization for a period of not less than 60 days immediately prior to the GOC in which such person intends to participate. To qualify as a bona fide member of a charitable organization, a person shall:

(a) Satisfy all criteria for membership in the charitable organization.

(b) Pay all lawful fees or dues required by the charitable organization.

Source. #14341, EMERGENCY, eff 8-21-35; ss by #14503, eff 2-4-26, EXPIRES: 2-4-36

Lot 7202.02 “Breakage” means the odd cents of all redistribution based on each dollar wagered on HHR exceeding a sum equal to the next lowest multiple of 10 cents.

Source. #14503, eff 2-4-26, EXPIRES: 2-4-36

Lot 7202.03 “Buy-in” means the amount of money or chips that a player needs to purchase to become involved in a poker game or tournament.

Source. #12839, eff 7-27-19; ss by #14341, EMERGENCY, eff 8-21-25 (formerly Lot 7202.01); ss by #14503, eff 2-4-26, EXPIRES: 2-4-36 (formerly Lot 7202.02)

Lot 7202.04 “Charitable organization” means “charitable organization” as defined in RSA 287-D:1, IV, namely:

(a) “any bona fide religious, charitable, civic, veterans’, or fraternal or church organization, including police and firemen’s organizations and houses of worship which shall have been registered with the secretary of state for at least one year, and in existence and organized under the laws of this state for at least one year in a town or city in this state. To be eligible for licensure under this chapter, a charitable organization shall do all of the following:

(1) Document that the organization has tax exempt status under Internal Revenue Code section 501(c)(3), 501(c)(4), 501(c)(7), 501(c)(8), 501(c)(10), or 501(c)(19) or is covered under a group ruling issued by the Internal Revenue Service under the authority of those sections.

(2) Establish that the religious, civic, fraternal, veterans, or charitable purposes for which it was organized, other than charitable gambling, are furthered through activities conducted in the town or city in which the charitable organization is organized.

(3) Document registration with the secretary of state for at least one year and, if required under RSA 7:19-32-a, with the director of charitable trusts.

(4) Maintain a current list of bona fide members.

(b) A charitable organization shall not include auxiliary units, committees, or other entities organized under the auspices of a charitable organization eligible for licensure under this chapter, when such auxiliary unit, committee, or other entity is organized for the primary purpose of conducting games of chance.”

Source. #12839, eff 7-27-19; ss by #14341, EMERGENCY, eff 8-21-25 (formerly Lot 7202.02); ss by #14503, eff 2-4-26, EXPIRES: 2-4-36 (formerly Lot 7202.03)

Lot 7202.05 “Chip” means a non-metal or partly metal representative of value issued by a licensee for use at table games at the licensee’s gaming establishment.

Source. #14341, EMERGENCY, eff 8-21-25; #14503, eff 2-4-26, EXPIRES: 2-4-36 (formerly Lot 7202.04)

Lot 7202.06 “Commission” means the New Hampshire lottery and gaming commission established pursuant to RSA 284:21-a, or its designated staff having authority to perform administrative and clerical functions for the commission.

Source. #12839, eff 7-27-19; ss by #14341 EMERGENCY, eff 8-21-25 (formerly Lot 7202.03); ss by #14503, eff 2-4-26, EXPIRES: 2-4-36 (formerly Lot 7202.05)

Lot 7202.07 “Coupon” means a promotional item issued by the game operator that allows patrons to augment their wagers according to a specified ration or value.

Source. #14503, eff 2-4-26, EXPIRES: 2-4-36

Lot 7202.08 “Dealer add-on” means an option whereby a player may purchase additional chips for a set fee prior to the start of a poker tournament with 100 percent of the fee being designated for the dealer as a gratuity.

Source. #14341, EMERGENCY, eff 8-21-25; ss by #14503, eff 2-4-26, EXPIRES: 2-4-36 (formerly Lot 7202.06)

Lot 7202.09 “Electronic gaming device (EGD)” means any electronic table games, VLT, and HHR machines.

Source. #14503, eff 2-4-26, EXPIRES: 2-4-36

Lot 7202.10 “EGD provider” means the entity that either manufactures the electronic gaming portion of the EGD or, in the case of HHR, provides the totalizator portion of the system.

Source. #14503, eff 2-4-26, EXPIRES: 2-4-36

Lot 7202.11 “Electronic table game (ETG)” means a VLT comprised of a combination of a player interface and all interface elements that function collectively for the purpose of electronically simulating live table game operations including but not limited to the automated collection of bets and payout winnings. ETGs may be played with or without the assistance of a live dealer or as a hybrid system.

Source. #14341, EMERGENCY, eff 8-21-25; ss by #14503, eff 2-4-26, EXPIRES: 2-4-36 (formerly Lot 7202.07)

Lot 7202.12 “Facility” means the premises licensed under this chapter at which GOC, VLT, or HHR wagering is conducted including other property or assets directly ancillary thereto or directly used in connection therewith, including any building, restaurant, hotel, theater, parking facilities, retail shops, land, and other recreation and entertainment facilities and equipment, owned or operated by the game operator or its subsidiaries. The term “facility” includes “casino”.

Source. #14341, EMERGENCY, eff 8-21-25; ss by #14503, eff 2-4-26, EXPIRES: 2-4-36 (formerly Lot 7202.08)

Lot 7202.13 “Free play” means GOC, VLT, or HHR gaming credits provided by a licensed game operator to players at no cost. Free play includes promotional credits, free bets, and match play.

Source. #14503, eff 2-4-26, EXPIRES: 2-4-36

Lot 7202.14 “Games of Chance (GOC)” means “games of chance” as defined in RSA 287-D:1, III, namely “any game involving gambling as defined by RSA 647:2,II, or any lottery prohibited by RSA 647:1, but shall not include any game involving the use of a slot machine or any other device in the nature of a slot machine, 50/50 raffles as defined in RSA 287-A:1,III, or ice-out contests as defined in RSA 287-D:1, VI.” For the purposes of this chapter, this term refers only to GOC that are typically offered at casinos, such as poker and its variations, roulette, blackjack, craps, money wheel, baccarat, and sic bo, and other such games authorized by the commission. This term does not include sports betting, or VLTs.

Source. #12839, eff 7-27-19; ss by #14341, EMERGENCY, eff 8-21-25 (formerly Lot 7202.04); ss by #14503, eff 2-4-26, EXPIRES: 2-4-36 (formerly Lot 7202.09)

Lot 7202.15 “Game operator” means “game operator” as defined in RSA 287-D:1, VII, namely “a game operator employer, primary game operator or a secondary game operator.”

Source. #12839, eff 7-27-19; ss by #14341, EMERGENCY, eff 8-21-25 (formerly Lot 7202.05); ss by #14503, eff 2-4-26, EXPIRES: 2-4-36 (formerly Lot 7202.10)

Lot 7202.16 “Game operator employer (GOE)” means “game operator employer” as defined in RSA 287-D:1, VIII, namely “a business entity or individual who employs, supervises, and controls game operators and who is hired by a charitable organization to operate GOC on its behalf. The owner of 10 percent or more of the entity, partner, managing member, or chief executive of a business entity who serves as a game operator employer shall be listed as a part of the game operator license application.”

Source. #12839, eff 7-27-19, ss by #14341, EMERGENCY, eff 8-21-25 (formerly Lot 7202.06) ; ss by #14503, eff 2-4-26, EXPIRES: 2-4-36 (formerly Lot 7202.11)

Lot 7202.17 “Game procedures” means rules and instructions governing the conduct of an authorized GOC which includes a description of how the game is played and won.

Source. #12839, eff 7-27-19, ss by #14341, EMERGENCY, eff 8-21-25 (formerly Lot 7202.07); ss by #14503, eff 2-4-26, EXPIRES: 2-4-36 (formerly Lot 7202.12)

Lot 7202.18 “Gross gaming revenue (GGR)” means the total of all sums received by a game operator from operation of GOC, VLT, and HHR minus the total of all sums actually paid out as winnings to patrons, less any free play exempt under RSA 287-D:20, III that was paid to patrons.

Source. #14503, eff 2-4-26, EXPIRES: 2-4-36

Lot 7202.19 “Hand” means one game in a series, one deal in a card game, or the cards held by a player.

Source. #12839, eff 7-27-19, ss by #14341 EMERGENCY, eff 8-21-25 (formerly Lot 7202.08); ss by #14503, eff 2-4-26, EXPIRES: 2-4-36 (formerly Lot 7202.13)

Lot 7202.20 “Handpay” means a condition where an EGD cannot pay the patron in the typical manner, thereby requiring game room staff to pay the customer out manually.

Source. #14503, eff 2-4-26, EXPIRES: 2-4-36

Lot 7202.21 “High-stakes tournament” means “high-stakes tournament” as defined in RSA 287-D:1, XII, namely “a tournament of a GOC in which the required buy-in for participation in the tournament is $2,500 or greater.”

Source. #14341, EMERGENCY, eff 8-21-25); ss by #14503, eff 2-4-26, EXPIRES: 2-4-36 (formerly Lot 7202.14)

Lot 7202.22 “Historic horse race” means “historic horse race” as defined in RSA 284:22-b, I(a), namely:

“(a) Any horse race whether running or harness, that was previously conducted at a licensed pari-mutuel facility;

(b) Concluded with official results, and

Source. #14341, EMERGENCY, eff 8-21-25); ss by #14503, eff 2-4-26, EXPIRES: 2-4-36 (formerly Lot 7202.15)

Lot 7202.23 “Historic horse racing (HHR)” means an electronic wagering system used to create and sell pari-mutuel pools from wagers placed on historic horse races, or to otherwise offer pari-mutuel wagers on such races.

Source. #14503, eff 2-4-26, EXPIRES: 2-4-36

Lot 7202.24 “HHR machine” means any self-service totalizator machine or other mechanical equipment used by a patron to place a pari-mutuel wager on one or more historic horse races, including hardware, software, communications equipment, and electronic devices that accepts and processes the cashing of wagers, calculates the odds, payouts or both, and records, displays, and stores pari-mutuel wager information.

Source. #14503, eff 2-4-26, EXPIRES: 2-4-36

Lot 7202.25 “House rules” means general instructions governing the conduct of the gaming operation.

Source. #12839, eff 7-27-19; ss by #14341, EMERGENCY, eff 8-21-25 (formerly Lot 7202.09); ss by #14503, eff 2-4-26, EXPIRES: 2-4-36 (formerly Lot 7202.16)

Lot 7202.26 “Independent testing laboratory” means a laboratory, authorized by the commission through a competitive procurement process to perform the functions assigned to it by this chapter.

Source. #14341, EMERGENCY, eff 8-21-25; ss by #14503, eff 2-4-26, EXPIRES: 2-4-36 (formerly Lot 7202.17)

Lot 7202.27 “Logic area” means a separately locked cabinet area with its own monitored, locked door or other monitored, locked covering that houses electronic components that have the potential to significantly influence the operation of the EGD.

Source. #14503, eff 2-4-26, EXPIRES: 2-4-36

Lot 7202.28 “Machine entry authorization log (MEAL)” means a physical or digital record kept inside or associated with an EGD that tracks and documents machine access and maintenance.

Source. #14341, EMERGENCY, eff 8-21-25; ss by #14503, eff 2-4-26, EXPIRES: 2-4-36 (formerly Lot 7202.18)

Lot 7202.29 “Match play” means a coupon that, when presented with gaming chips, increases the patron’s wager amount based on a predetermined ratio or percentage. These coupons are part of a game rooms promotions designed to attract new players and encourage repeat visits.

Source. #14503, eff 2-4-26, EXPIRES: 2-4-36

Lot 7202.30 “Monetary transaction” means depositing, withdrawing, transferring, or exchanging funds or monetary instruments related to a charitable gaming event, or verifying such transactions.

Source. #12839, eff 7-27-19; ss by #14341 EMERGENCY, eff 8-21-25 (formerly Lot 7202.10); ss by #14503, eff 2-4-26, EXPIRES: 2-4-36 (formerly Lot 7202.19)

Lot 7202.31 “Operator-funded promotion” means special offers and prizes funded by the game operator to attract patrons to the facility. Such promotions include, but are not limited to, bonuses, contests, and giveaways.

Source. #14341, EMERGENCY, eff 8-21-25; ss by #14503, eff 2-4-26, EXPIRES: 2-4-36 (formerly Lot 7202.20)

Lot 7202.32 “Party to the application” means individuals and business entities that, through direct or indirect means, manage, own, or control the interests and assets of the application or license holder, including:

(a) Any individuals or business entities with an ownership interest or voting rights of 10 percent or more in the licensee or applicant, and the trustee of any trust holding such ownership interest or voting right;

(b) The directors of the licensee or applicant and its chief executive officer, president, and chief operating officer, or their functional equivalent;

(c) Any individual or business entity that, upon review of the application submitted in accordance with this chapter, the commission determines holds a position or a level of ownership, control, or influence that is material to the regulatory concerns and obligations of the commission for the gaming license; and

(d) Any individual or business entity identified on the table of organization submitted in accordance with Lot 7204.02(a)(3).

Source. #14341, EMERGENCY, eff 8-21-25; ss by #14503, eff 2-4-26; ss by #14503, eff 2-4-26, EXPIRES: 2-4-36 (formerly Lot 7202.21)

Lot 7202.33 “Player-funded promotion” means a special cash prize awarded in poker games with rake when a player achieves a prescribed type of hand. The jackpot is funded by a small rake taken from each pot. Such promotions include bad beat and high hand jackpots.

Source. #14341, EMERGENCY, eff 8-21-25; ss by #14503, eff 2-4-26, EXPIRES: 2-4-36 (formerly Lot 7202.22)

Lot 7202.34 “Primary game operator (PGO)” means “primary game operator” as defined in RSA 287-D:1, X, namely “any person other than a bona fide member of the charitable organization, involved in conducting, managing, supervising, directing, or running GOC; including, but not limited to, gambling operation managers and assistant managers, managers and supervisors of security employees, pit bosses, shift bosses, credit executive, and cashier operations supervisors.”

Source. #12839, eff 7-27-19; ss by #14341, EMERGENCY, eff 8-21-25 (formerly Lot 7202.11); ss by #14503, eff 2-4-26, EXPIRES: 2-4-36 (formerly Lot 7202.23)

Lot 7202.35 “Rake” means a portion of each hand collected by the game operator as compensation for running the game, a proportion of which is shared with the licensed, hosting charitable organization and the state of New Hampshire in accordance with RSA 287-D:19, III(f) and RSA 287-D:20, II.

Source. #12839, eff 7-27-19, ss by #14341, EMERGENCY, eff 8-21-25 (formerly Lot 7202.13); ss by #14503, eff 2-4-26, EXPIRES: 2-4-36 (formerly Lot 7202.24)

Lot 7202.36 “Re-buy” means the fee paid by a player to purchase additional chips in a poker game or tournament.

Source. #12839, eff 7-27-19; ss by #14341, EMERGENCY, eff 8-21-25 (formerly Lot 7202.14); ss by #14503, eff 2-4-26, EXPIRES: 2-4-36 (formerly Lot 7202.25)

Lot 7202.37 “Secondary game operator (SGO)” means “secondary game operator” as defined in RSA 287-D:1, XI, namely “any person other than a bona fide member of the charitable organization, involved in dealing, running a roulette wheel, handling chips, or providing accounting services or security functions; including any person with job functions or responsibilities that require the person to watch over, protect, handle, use, maintain, or otherwise hold responsibility over gaming cash, revenue, supplies or devices. This includes individuals in the back office and anyone that has access to gaming systems, chips, or playing cards, or who has the ability to access or make changes to the gaming operations accounting system, player tracking system, gaming system records, or cash and accounting records.”

Source. #12839, eff 7-27-19; ss by #14341, EMERGENCY, eff 8-21-25 (formerly Lot 7202.15); ss by #14503, eff 2-4-26, EXPIRES: 2-4-36 (formerly Lot 7202.26)

Lot 7202.38 “Seed value” means a nonrefundable pool of money that may be funded by the licensee in order to ensure that a patron will be paid the amount required on a winning jackpot.

Source. #14341, EMERGENCY, eff 8-21-25; ss by #14503, eff 2-4-26, EXPIRES: 2-4-36 (formerly Lot 7202.27)

Lot 7202.39 “Takeout” means the amount a HHR licensee is authorized to withhold from a pari-mutuel wager pursuant to RSA 284:22-b, V. This is also known as a commission.

Source. #14503, eff 2-4-26, EXPIRES: 2-4-36

Lot 7202.40 “Video lottery terminal (VLT)” means “video lottery terminal” or “VLT” as defined in RSA 287-D:1, XIII, namely “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.” A VLT does not include HHR machines.

Source. #14341, EMERGENCY, eff 8-21-25; ss by #14503, eff 2-4-26, EXPIRES: 2-4-36 (formerly Lot 7202.28)

Lot 7202.41 “Voucher” means a printed wagering instrument, issued by an EGD 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. #14341, EMERGENCY, eff 8-21-25; ss by #14503, eff 2-4-26, EXPIRES: 2-4-36 (formerly Lot 7202.29)

Lot 7202.42 “Wager” means “wager” as defined in RSA 287-D:1, XIV, namely “a monetary agreement between 2 or more persons that a sum of money or other valuable thing shall be paid to one of them on the happening or not happening of an uncertain event. Wager may be used synonymously with the term ‘bet.’”

Source. #14341, EMERGENCY, eff 8-21-25; ss by #14503, eff 2-4-26, EXPIRES: 2-4-36 (formerly Lot 7202.30)

Lot 7202.43 “Wide-area progressive link” means “wide-area progressive link” as defined in RSA 287-D:1, XV, namely “a networked gaming system that connects EGDs, including VLTs and HHR machines authorized by RSA 284:22-b, located at multiple licensed gaming establishments to a common progressive jackpot pool, allowing contributions from each linked machine, regardless of location, to incrementally increase a shared jackpot prize, which can be won by any eligible player participating on any of the linked devices.” Wide-area progressive links refers only to wide-area progressive links utilized between gaming establishments located in New Hampshire.

Source. #14341, EMERGENCY, eff 8-21-25; ss by #14503, eff 2-4-26, EXPIRES: 2-4-36 (formerly Lot 7202.31)

PART Lot 7203 LICENSING REQUIREMENTS

Lot 7203.01 Standards for Charitable Licensure. To receive revenue from GOC, VLT, or HHR activities, a charitable organization shall:

(a) Be found eligible to receive a license in accordance with Lot 7203.02 below;

(b) Coordinate directly with a licensed GOE to secure game dates; and

Source. #14341, EMERGENCY, eff 8-21-25; ss by #14503, eff 2-4-26, EXPIRES: 2-4-36

Lot 7203.02 Eligibility Determination for Charitable Organizations.

(a) Only charitable organizations that meet the definition of “charitable organization” in RSA 287-D:1, IV shall be eligible for a license to receive revenue from GOC activities.

(b) To be eligible for licensure, the charitable organization shall:

(1) Be able to establish that the purposes for which it was organized are furthered through its activities;

(2) Possess a tax-exempt status under Internal Revenue Code 501(c)(3), 501(c)(4), 501(c)(7), 501(c)(8), 501(c)(10), or 501(c)(19) or be covered under a group ruling issued by the Internal Revenue Service under authority of those sections. A charitable organization whose tax-exempt status has been revoked by the Internal Revenue Service shall not be considered eligible for licensure until its tax-exempt status has been reinstated;

(3) Be a bona fide religious, charitable, civic, veterans, or fraternal organization in good standing, and registered with the secretary of state for 1 or more years prior to the application as a domestic non-profit authorized to do business in New Hampshire; and

(4) Be in good standing and registered with the director of charitable trusts, if required to do so in accordance with RSA 7:19 through RSA 7:32.

(c) To obtain a determination of eligibility to participate in charitable gaming, the charitable organization shall submit a completed “Charitable Organization Eligibility Determination Application” form (2/2024) at least 60 days prior to the first proposed game date, which shall include a certification affirming that:

(1) The individual signing the application is authorized to do so on behalf of the organization; and

(2) Under penalty of unsworn falsification pursuant to RSA 641:3, the information provided on the application and any supporting documentation submitted with the application is true, accurate, and complete, and that there are no willful misrepresentations in, or falsifications of the information provided therein, and an acknowledgement that giving false information is grounds for denial, suspension, or revocation of a gaming license.

(d) The commission shall deem a charitable organization eligible to participate in charitable gaming when it determines that the charitable organization meets the eligibility requirements as set forth in (b) above.

(e) A determination of eligibility shall remain in effect through December 31st of the calendar year in which the determination was made, unless a change occurs that disqualifies the charitable organization’s eligibility such as the loss of its tax-exempt status or the revocation of its license pursuant to Lot 7213.01 below.

Source. #14341, EMERGENCY, eff 8-21-25; ss by #14503, eff 2-4-26, EXPIRES: 2-4-36

Lot 7203.03 Applying for a Charitable Organization License.

(a) Pursuant to RSA 287-D:4, I, RSA 287-J:6, III(a), and RSA 284:23, I(d), any charitable organization that receives revenue from GOC, VLTs, or HHR shall obtain a license to do so, regardless of whether the charity will be operating the games itself or hiring a GOE to operate the games on the charity’s behalf.

(b) Only charitable organizations deemed eligible to participate in charitable gaming in accordance with Lot 7203.02 above may apply for a GOC license.

(c) To obtain a GOC license, a charitable organization deemed eligible to offer charitable gaming shall submit the following to the commission at least 60 days prior to the first proposed game date:

(1) When a charitable organization will be hiring a licensed GOE to operate the event:

a. A complete “Game Date Request” form (2/2026), which shall include a certification made under the penalty of unsworn falsification pursuant to RSA 641:3, that the information provided on the form is true, accurate, and complete, and that there are no willful misrepresentations in, or falsifications of the information provided therein;

b. A completed and signed copy of the “Standard Agreement – Charitable Organization” form (2/2026); and

c. Payment of the $50 license fee;

(2) When the charitable organization will be operating its own GOC event:

a. A complete and accurate “Charity Run GOC Event Request” form (2/2026), which shall include a certification affirming that:

1. The individual signing the form is authorized to do so on behalf of the entity; and

2. The information provided under penalty of unsworn falsification pursuant to RSA 641:3, the information provided on the form is true, accurate, and complete, and there are no willful misrepresentations in, or falsifications of the information provided therein;

b. A detailed description of the proposed gaming area, including a drawn-to-scale rendering that includes overall dimensions, the location of the cage, and each gaming table;

c. A copy of any house rules, which comply with the criteria set forth in Lot 7206.03 below;

d. A copy of the game procedures for each game being offered, which shall comply with the requirements of Lot 7206.04 below;

e. A copy of the internal control procedures that meet the requirements of Lot 7206.05 below;

f. A copy of the surveillance plan that meets the requirements of Lot 7210.02 below;

g. A list of the bona fide members that will be participating in the operation of the event, their titles within the organization, and the duties they will be performing at the event;

h. For each bona fide member of the organization participating in the operation of the event:

1. All documents required by Lot 7204 below relative to the individual’s fitness to be associated with charitable gaming;

2. A “Badge Request” form (2/2026) and $10 badge fee, which shall include a certification affirming that:

i. The individual for whom the badge is being requested, is an employee of the game operator; and

ii. The game operator will not allow any employee to participate in the operation of charitable gaming 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 charitable gaming in this or any state; and

3. A photo that meets the criteria set forth in Lot 7203.10 below; and

i. Payment of the $50 license fee.

(d) In accordance with RSA 287-D:14, III, a charitable organization operating its own event shall only allow the following individuals to participate in the operation of an event:

(1) Bona fide members of the charitable organization;

(2) If all bona fide members are under the age of 18, adult officers or directors of the charitable organization or the legal guardians of bona fide minor members; or

(3) If all bona fide members are physically or mentally disabled, or both, the officers, directors, or authorized officials of the organization.

(e) The charitable organization shall not compensate any individuals identified in (d) above for their participation in an event.

(f) The commission shall deem a member of a charitable organization eligible to participate in the operation of a GOC event when it determines that the individual:

(1) Meets the definition of a bona fide member in accordance with RSA 287-D:1, II, or is otherwise deemed eligible in accordance with RSA 287-D:14, III;

(2) Has not been convicted of a felony within the previous 10 years, or a misdemeanor involving falsehood or dishonesty within the previous 5 years in this or any jurisdiction which has not been annulled by a court, or violated the statues or rules governing charitable gaming, as required by RSA 287-D:14, IX; and

(3) Has otherwise been found fit to be associated with charitable gaming in this state, pursuant to Lot 7204.03 below.

(g) In accordance with RSA 287-D:14, XVIII, the charitable organization may amend or supplement the list of persons who will participate in any GOC events at least 10 business days prior to the effected game date.

Source. #12839, eff 7-27-19; ss by #14341, EMERGENCY, eff 8-21-25 (formerly Lot 7203.01); ss by #14503, eff 2-4-26, EXPIRES: 2-4-36

Lot 7203.04 Applying for GOE, VLT, and HHR Licenses.

(a) Except as allowed by RSA 287-D:4, I, prior to operating any charitable gaming events, an individual or entity who supervises or controls gaming operations on behalf of a charitable organization shall:

(1) Be found suitable to participate in charitable gaming pursuant to Lot 7204.03 below;

(2) Obtain a license(s) in accordance with (d) below;

(3) Obtain a certificate of operation in accordance with Lot 7203.05 below.

(b) Pursuant to RSA 287-J:4, to be eligible for a VLT license, the applicant shall also have been licensed or eligible for licensure to sell pari-mutuel pools on HHR under RSA 287-D and 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 July 1, 2025.

(1) Have held game operator employer license as of May 1, 2020, and still licensed as of May 20, 2024; or

(2) Applied for a game operator employer license between January 1, 2023, and October 15, 2023, provided that the applicant entity has the same ownership and officers as the time of the initial application;

(d) Applicants deemed suitable pursuant to Lot 7204.03 below may obtain a GOE license and, if eligible pursuant to RSA 287-J:4 and RSA 284:22-b, VLT and HHR licenses, by submitting the following to the commission at least 60 days prior to the projected commencement of the gaming operations:

(1) A completed “Game Operator Employer Application for Licensure” form (2/2026), which shall include a certification affirming that:

a. The individual signing the application is authorized to do so on behalf of the entity; and

b. Under penalty of unsworn falsification pursuant to RSA 641:3, the information provided on the application and any supporting documentation submitted with the application is true, accurate, and complete, and that there are no willful misrepresentations in, or falsifications of the information provided therein;

(2) A detailed organizational chart that:

a. Describes each position including duties, responsibilities, authority, supervisory capacity, signatory authority, and access to restricted areas; and

b. Appropriately segregates functions and responsibilities;

(3) A copy of the written system of internal control policies and procedures that:

a. Is designed to ensure effective control over the gaming operation, and meets or exceeds the applicable requirements set forth in Lot 7206.05; and

b. Includes a written statement attesting that the written system of internal control have been reviewed and found to satisfy the requirements of Lot 7206.05 below, and signed by:

1. Either the licensee’s chief financial officer or an independent accountant; or

2. Either the licensee’s chief executive officer or a licensed owner;

(4) A completed “Minimum Bankroll Analysis” form (2/2026) that demonstrates that the gaming operation maintains cash in an amount sufficient to satisfy obligations to patrons as they are incurred;

(5) A copy of the applicant’s responsible gaming plan that meets the requirements of Lot 7206.07 below;

(6) Copies of all house rules created in accordance with Lot 7206.03 below;

(7) Copies of all game procedures, which shall meet the criteria set forth in Lot 7206.04 below;

(8) A description of the gaming area as required by Lot 7206.08;

(9) If EGDs will be offered:

a. A completed “Terminal List” form (2/2026);

b. Documentation from an independent testing laboratory confirming that the EGDs comply with the requirements of this chapter;

c. The maintenance and repair procedures that will ensure the integrity of the EGDs; and

d. A description of the type of data processing, communication methods, the type of totalizator used, if any, and the transmission equipment that will be utilized;

(10) A copy of the surveillance system plan, which meets or exceeds the applicable requirements set forth in Lot 7210.02;

(11) A gaming security plan that adheres to the guidelines of GLI-GSF-1 version 1.1, GLI-GSF-2 version 1.0, GLI-GSF-3 version 1.0, GLI-GSF-4 version 1.0, and any other applicable modules of the GLI Gaming Security Framework, available as noted in Appendix B;

(12) The practices and procedures that will ensure the security, safety, and comfort of patrons in the designated gaming area;

(13) For gaming operations with projected annual gaming revenue exceeding $1,000,000, an anti-money laundering (AML) compliance program that complies with the requirements of 31 CFR 1021.210, available as noted in Appendix B, to prevent the licensee from being used to facilitate money laundering and financing of terrorist activities;

(14) A letter of credit, bond with surety, or other instrument of financial security in accordance with the following:

a. The amount shall be based on the game operator’s average monthly outstanding obligation to the state and charitable organizations for the prior year, not to exceed the limits set by RSA 287-D:8,V, and be no less than $50,000;

b. All surety bonds shall utilize the “Surety Bond for Operators of Games of Chance, Video Lottery Terminals and/or Historic Horse Racing” form (2/2026);

c. When the applicant operates multiple gaming facilities, a separate bond shall be required for each location; and

d. The bond shall be in effect for the entire license period; and

(15) Payment of the $2,250 GOC application fee and, when applicable, payment of the $2,000 VLT fee.

(e) When submitting an application to renew a current license, the applicant may attest in writing that any of the items required by (b)(1)-(16) have not changed since the original application or were subsequently updated with the commission, as applicable.

(f) For applicants whose gaming facilities are under construction, if one or more of the documents required by (c) above are not available until construction is complete, the applicant may submit all available materials for consideration, and note which materials are pending and why. When the available materials otherwise demonstrate compliance, the commission may grant a preliminary approval conditioned upon final review of all required documents or information.

(g) Except as allowed by (f) above, failure to provide information required by this section, or as otherwise requested by the commission, shall be grounds for the commission to deny the request for a license.

(h) When the applicant operates multiple gaming facilities, a separate application, bond, and application fee shall be required for each location.

(i) The commission shall issue a license when:

(1) The requirements of (c) above have been met;

(2) The applicant has established by clear and convincing evidence that it possesses the financial stability, integrity, and responsibility to offer gaming to the public; and

(3) The attorney general and the commission determine that the applicant is suitable to be associated with charitable gaming in the state.

Source. #14341, EMERGENCY, eff 8-21-25; ss by #14503, eff 2-4-26, EXPIRES: 2-4-36

Lot 7203.05 Certificate of Operation.

(a) A licensed GOE shall not conduct gaming operations until the commission has conducted a site review to determine the licensee’s operational readiness to conduct charitable gaming and has issued a certificate of operation.

(b) To obtain a certificate of operation, at least 14 days prior to the projected commencement of gaming operations, the licensee shall submit a written request to the commission for a site review.

(1) The applicant is suitable to conduct charitable gaming pursuant to Lot 7204.03;

(2) The applicant has been issued a license in accordance with Lot 7203.04; and

(3) Based on the site review, the game operator has demonstrated readiness to begin operations, including:

a. Compliance with its written internal controls submitted in accordance with Lot 7203.04(d)(3);

b. Sufficient personnel to ensure effective management and control of the game room;

c. Gaming equipment that meets the requirements of Lot 7209;

d. The placement of gaming tables and EGDs conforms to the floor plan and, when applicable, the terminal list submitted in accordance with Lot 7203.04(d)(8) and (9)a; and

e. The surveillance system meets the requirements of Lot 7210.

Source. #14341, EMERGENCY, eff 8-21-25; ss by #14503, eff 2-4-26, EXPIRES: 2-4-36

Lot 7203.06 Applying for a PGO License.

(a) Any individual who will be employed by a GOE in a position that includes any responsibility or authorization relative to conducting, managing, supervising, directing, or running the gaming operations shall obtain a PGO license. Such positions shall include, without limitation, persons who:

(1) Function as:

a. A shift manager;

b. A pit boss;

c. A cage manager; or

d. A department manager for the game room, including the manager of the accounting department;

(2) Supervise:

a. The repair and maintenance of gaming equipment and bill changers;

b. Surveillance investigations or the operation of the surveillance department during a shift;

c. Security investigations or security department employees;

d. The operation of the cashiers’ cage during a shift, including any subordinate to the cage shift manager when the size of the gaming operation, the nature and volume of the transactions performed by the cage, and the number and location of cage operations indicate that such person exercises a comparable level of responsibility and authority; or

e. The hard count or soft count room or function as a count room supervisor;

(3) Manages or supervises information technology employees;

(4) Has authority to sign checks or withdraw funds from GOC, VLT, or HHR accounts; or

(5) Develops or administers policy or long-range plans to make discretionary decisions regulating the operations of the game room, including, without limitation, persons who function as:

a. An officer or comparable non-corporate employees of the GOE;

b. A department manager;

c. A director of surveillance;

d. A director of security;

e. A controller;

f. An audit department executive;

g. An information security officer (ISO) responsible for matters regarding all aspects of information security;

h. A marketing director; or

i. A game room operations manager.

(b) A PGO license shall not be required for employees of the GOE whose duties do not involve gaming activities, persons engaged exclusively in preparing or serving food or beverages, or persons involved primarily in the resort or hotel functions of a licensed gaming establishment.

(c) Each individual applying for a PGO license shall submit the following to the commission at least 60 days prior to either participating in gaming operations or the expiration of the applicant’s current license:

(1) A completed “Application for a PGO License” form (2/2026), which shall include a certification affirming that:

a. Under penalty of unsworn falsification pursuant to RSA 641:3, the information provided on the application and any supporting documentation submitted with the application is true, accurate, and complete, and that there are no willful misrepresentations in, or falsifications of the information provided therein; and

b. The individual signing the application has not been convicted, in any jurisdiction, of a felony within the previous 10 years or a misdemeanor involving falsehood or dishonesty within the previous 5 years, which has not been annulled by a court, nor has violated any statutes or rules governing charitable gambling;

(2) A completed “Licensing and Employment Verification” form (2/2026);

(3) A “Badge Request” form (2/2026) for each game room where the applicant will be employed, which shall include a certification affirming that:

a. The individual for whom the badge is being requested, is an employee of the game room; and

b. The game operator will not allow any employee to participate in the operation of charitable gaming 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 charitable gaming in this or any state;

(4) A photo of the applicant that meets the criteria set forth in Lot 7203.10 below;

(5) All documents and payments required by Lot 7204.01 below relative to the applicant’s background and criminal records check; and

(6) Payment of the following fees, pursuant to RSA 287-D:13:

a. A $300 application fee; and

b. A $10 badge fee for each game room where the applicant will be employed as a PGO.

(d) Licensed PGOs may act as an SGO without obtaining a separate license to do so.

Source. #12839, eff 7-27-19, ss by #14341, EMERGENCY, eff 8-21-25 (formerly Lot 7203.04); ss by #14503, eff 2-4-26, EXPIRES: 2-4-36

Lot 7203.07 Applying for an SGO License.

(a) Except as allowed by (c) below, an SGO license is required of any individual employed in a non-supervisory or managerial positions who:

(1) Is directly connected to the operation or maintenance of games or gaming equipment, including VLTs and HHR machines;

(2) Provides security in the gaming establishment;

(3) Has access to a restricted area; or

(4) Provides accounting services.

(b) Positions requiring an SGO license shall include, without limitation:

(1) Dealers;

(2) Cashiers;

(3) Count room personnel;

(4) Data processing personnel;

(5) Internal auditors;

(6) Accounting personnel; and

(7) Security and surveillance personnel.

(c) A SGO license shall not be required for individuals whose duties do not involve gaming activities, persons engaged exclusively in preparing or serving food or beverages, or persons involved primarily in the resort or hotel functions of a licensed gaming establishment.

(d) Each individual applying for an SGO license shall submit the following to the commission at least 60 days prior to participating in the operation of game room or the expiration of their current license:

(1) A completed “Application for an SGO License” form (2/2026), which shall include a certification affirming that:

(2) A completed “Licensing and Employment Verification” form (2/2026);

(3) A “Badge Request” form (2/2026) completed by each game room where the applicant will be employed as SGO, which shall include a certification affirming that:

a. The individual for whom the badge is being requested, is an employee of the game room; and

b. The game operator will not allow any employee to participate in the operation of charitable gaming 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, nor has violated the statutes or rules governing charitable gaming in this or any state;

(4) A photo of the applicant that meets the criteria set forth in Lot 7203.10 below;

(5) All documents and payments required by Lot 7204.01 below relative to the applicant’s background and criminal records check; and

(6) Payment of the following fees, pursuant to RSA 287-D:13:

a. A $90 application fee; and

b. A $10 badge fee for each game room where the applicant will be employed as an SGO.

(e) Pursuant to RSA 287-D:10, VI, the commission shall issue a provisional SGO license upon the applicant’s request when:

(1) The applicant has not been licensed before, or the applicant’s previous license has been expired for at least 6 months;

(2) The commission has reviewed the application, and found it to be complete; and

(3) The applicant has paid an additional $10 badge fee.

(f) A provisional license shall expire 60 days from the date of issue, or upon issuance or denial of the applicant’s license, whichever occurs first.

Source. #12839, eff 7-27-19; ss by #14341, EMERGENCY, eff 8-21-25 (formerly Lot 7203.05); ss by #14503, eff 2-4-26, EXPIRES: 2-4-36

Lot 7203.08 Applying for a Facility License.

(a) In accordance with RSA 287-D:7, I, any person, or entity with control of a facility, including by a written lease, at which GOC are held for 5 or more game dates per calendar year, shall be licensed.

(b) To obtain a facility license, the primary owner, property manager, or lessor with the authority and oversight responsibilities of the property shall submit the following to the commission at least 90 days prior to the projected commencement of gaming operations or the expiration of the current license:

(1) A completed “Application for a Facility License” form (2/2026) which shall include a certification affirming that under penalty of unsworn falsification pursuant to RSA 641:3, the information provided on the form is true, accurate, and complete, and that there are no willful misrepresentations in, or falsifications of the information provided therein;

(2) One of the following documents that demonstrates control over the property:

a. If the applicant is the owner, a copy of the deed or tax card verifying ownership;

b. If the applicant is the lessee of the property, a copy of the lease, including any addendums, or a certified letter signed by the property owner that:

1. Includes the terms of the agreement, which shall extend to cover the license period;

2. Documents the existence of a lease agreement between the property owner of record and the applicant; and

3. Includes specific language granting the lessor authority and responsibility to oversee the facility for the purposes of operating a charitable gaming facility;

(3) All documents required by Lot 7204 below relative to the applicant’s fitness to be associated with charitable gaming; and

(4) Payment of the license fee of $750, pursuant to RSA 287-D:13, II.

(c) The commission shall not issue a facility license until the GOE seeking to operate out of the facility obtains a certificate of operation.

(d) Pursuant to RSA 287-D:7, I, a facility license shall not be required when:

(1) No more than 4 game dates are held at the facility per calendar year; or

(2) The facility is owned by a charitable organization or government subdivision and provided free of charge.

Source. #12839, eff 7-27-19; ss by #14341, EMERGENCY, eff 8-21-25 (formerly Lot 7203.07); ss by #14503, eff 2-4-26, EXPIRES: 2-4-36

Lot 7203.09 Game Dates To Benefit a Host Community.

(a) In accordance with RSA 287-D:4-a, I, the town or city where the GOE is located shall annually operate a minimum of 7 and no more than 10 game dates for the benefit of the community.

(b) When game dates are assigned to a host community, the game operator shall submit the following to the commission at least 60 days prior to the first game date:

(1) A completed “Game Date Request” form (2/2026), which shall include a certification affirming that under penalty of unsworn falsification pursuant to RSA 641:3, the information provided on the form is true, accurate, and complete, and that there are no willful misrepresentations in, or falsifications of the information provided therein; and

(2) A signed “Standard Agreement – Host Communities” form (2/2026).

(1) The host community shall receive revenue at the same rate as a licensed charity would receive;

(2) The host community shall not be liable for rent or any other fees to be paid to the GOE; and

(3) The game operator may also host a licensed charitable organization on the same date when 2 charities would normally operate.

Source. #14341, EMERGENCY, eff 8-21-25; ss by #14503, eff 2-4-26, EXPIRES: 2-4-36

Lot 7203.10 Criteria for Photos Used to Create Badges.

(a) Except as allowed by (b) below, photos submitted in accordance with Lot 7203.03(c)(2)h.3, Lot 7203.06(c)(4), and Lot 7203.07(d)(4) above shall comply the standards set by the United States Department of State for passport photos, which include the following:

(1) The photo shall be:

a. In color;

b. Clear, sharp, and in focus without any alterations or enhancements;

c. Printed on matte or glossy photo quality paper, and in good condition without holes, creases, or smudges;

d. Taken:

1. Within the last 6 months and reflects the applicant’s current appearance;

2. With uniform lighting on the applicant’s face to eliminate shadows and underexposed or overexposed images;

3. In front of a plain white or off-white background without shadows, texture, lines, or objects;

4. In full-face view directly facing the camera;

5. With a neutral facial expression or a natural smile and with both eyes open and mouth closed;

6. Without hats or head coverings, except as allowed by (b) below; and

7. Without eyeglasses, sunglasses, or tinted glasses except as allowed by (b) below; and

e. Composed so that:

1. The overall photo size is 2 inches square; and

2. The head is between 1 inch and 1 3/8 inches from the bottom of the chin to the top of the head; and

(2) When submitting digital images:

a. The dimensions shall be a minimum of 600 x 600 pixels and a maximum of 1200 x 1200 pixels; and

b. The file shall be in JPEG (.jpg) format.

(b) An applicant may request a religious or medical exemption from the requirements of (a)(1)d.6, or 7. above as follows:

(1) If the applicant cannot remove their glasses for medical reasons, the applicant may request a medical exemption by including a signed note from their doctor with the application; and

(2) If a hat or head covering is worn for:

a. A religious purpose, the applicant may request a religious exemption by including a signed statement with the application that states that the hat or head covering is religious attire worn daily in public; or

b. A medical purpose, the applicant may request a medical exemption by including a signed note from their doctor with the application.

(c) The commission shall approve a medical or religious exemption when the photo allows the applicant’s face to be fully visible and unobscured.

Source. #14341 EMERGENCY, eff 8-21-25; ss by #14503, eff 2-4-26, EXPIRES: 2-4-36

Lot 7203.11 Game Room Created Badges.

(a) A GOE may request commission approval to furnish and maintain all necessary equipment for producing and issuing its own identification badges for its licensed employees. A GOE that does not wish to issue its own badges shall receive badges produced by the commission.

(b) Badges produced by the game operator shall:

(1) Be at least 3 5/16 inches wide and 2 1/16 inches tall;

(2) Be made of a durable material and tamper resistant;

(3) Display the following items in a manner that is readable from a distance of 2 feet:

a. The name of the game room;

b. The employee’s first name and initial of their last name;

c. Job title, license type as SGO or PGO, and license number;

d. A photo of the employee that:

1. Meets the requirements of Lot 7203.10 above;

2. Is at least 7/8 inches wide and 1 1/16 inches tall; and

3. Is the same photo submitted as part of the application the employee submitted to the commission for their current license; and

e. The expiration date of the employee’s current license.

(1) Limiting the ability to produce badges to authorized human resources personnel;

(2) Securing the badge-making equipment to prevent unauthorized access;

(3) Maintaining records of all issued, returned, or lost badges; and

(4) Producing identification badges for licensed employees which are unique and entirely distinguishable from the badges issued to non-licensed personnel.

(d) The GOE shall submit a template of the badge it intends to produce to comply with the requirements of this section to the commission for consideration as part of the GOE’s request to issue its own badges.

(e) The commission shall approve a request when the badges have been found to meet the criteria set forth in (b) above, the proposed template provided by (d) above is found to satisfy the requirements of this section, and the GOE has adequate controls in place to ensure the integrity of gaming is safeguarded.

Source. #14503, eff 2-4-26, EXPIRES: 2-4-36

PART Lot 7204 FITNESS TO BE ASSOCIATED WITH CHARITABLE GAMING

Lot 7204.01 Background and Criminal Records Checks.

(a) A background and criminal records check shall be required of the following individuals:

(1) When applying for a PGO or SGO license, the individual seeking the license;

(2) When applying for GOE, VLT, HHR or facility license, the applicant and all parties to the application; and

(3) When a charitable organization will operate the gaming event, each bona fide member of the charitable organization that will be participating in the gaming operations.

(b) In accordance with RSA 287-D:12, each individual set forth in (a) above shall submit the following documents to the commission with an application:

(1) A completed NH state police “Criminal History Record Information Release Authorization Form” (DSSP 256 rev. 6/2024) obtained from the commission authorizing the release of the applicant’s criminal history record;

(2) A complete set of fingerprints taken by a qualified law enforcement agency, as follows:

a. If fingerprints are captured via ink impressions, the FBI FD-258 fingerprint card issued by the New Hampshire state police; or

b. If fingerprints are digital captured via a Livescan device:

1. The original Livescan Site Form; and

2. If Livescan is completed out of state, a copy of the fingerprints; and

(3) Payment for the criminal history record, payable to the “State of NH – Criminal Records” and in the amount established by the New Hampshire state police.

(c) Pursuant to 28 CFR 16.34, if, after reviewing the FBI Identification Record, often referred to as a “rap sheet”, the applicant believes that it is incorrect or incomplete in any respect and wishes changes, corrections, or updating of the alleged deficiency, the applicant may:

(1) Make application directly to the agency which contributed the questioned information; or

(2) Direct the applicant’s challenge as to the accuracy or completeness of any entry to the FBI, Criminal Justice Information Services (CJIS) Division, ATTN: SCU, Mod. D-2, 1000 Custer Hollow Road, Clarksburg, WV 26306.

(d) For the purposes of this section, a conviction from a jurisdiction outside of New Hampshire shall be classified as a felony or misdemeanor based on the classification of the equivalent offense in the state of New Hampshire at the time of that conviction.

Source. #12839, eff 7-27-19; ss by #14341, EMERGENCY, eff 8-21-25; ss by #14503, eff 2-4-26, EXPIRES: 2-4-36

Lot 7204.02 Suitability Reviews.

(a) Each applicant for a GOC, VLT, HHR, or facility license, and each party to such an application, shall submit the following documents to the commission with the initial license application for licensure and every 5 years thereafter:

(1) A completed “Suitability Review Request” form (2/2026);

(2) For applicants seeking to open a new gaming facility, a business plan for the gaming operation that includes:

a. An executive summary;

b. A description of the proposed gaming establishment;

c. A market analysis evaluating potential competitors in the marketplace;

d. A calculation of the projected capital investment that includes costs:

1. Related to the design, site preparation, and construction of the gaming establishment, including overhead and indirect cost attributable to the construction activities; and

2. Associated with the pre-opening purchase of fixtures, equipment, gaming equipment, information technology equipment, and personal property to be used within the gaming establishment; and

e. A financial plan that includes:

1. A financial forecast including first year cash flow projections;

2. A balance sheet;

3. An income statement or profit and loss statement; and

4. An operating budget;

(3) A table of organization, ownership, and control that contains the following information in sufficient detail to identify the hierarchy of individuals and business entities that, through direct or indirect means, manage, own, or control the interests and assets of the applicant or license holder:

a. For those exercising direct ownership or control, the table of organization, ownership, and control shall identify the following information concerning the direct management, ownership, and control of the applicant or license holder:

1. The name and percentage of ownership of each individual or business entity with an ownership interest in the applicant or licensee. If the licensee or applicant is a business entity whose stock is publicly traded, the identification of ownership shall be provided in accordance with c. below;

2. A table of organization reflecting the management and governance structure of the licensee or applicant, including the name and office or position of each individual serving as an officer, director, or member of an executive committee or similar governing body and identifying each managerial position and each managerial employee reporting directly to an officer of the company or its board of directors;

3. For each trust holding ownership interest, and for each voting trust, the name of the trustee of the trust; and

4. For each business entity with an ownership interest, the name and position of each officer, director and all persons reporting to the chief executive officer or the board of directors of the business entity, and in the case of each privately held business entity, the name of all persons with an ownership interest;

b. To the extent that ownership of or control over the applicant or license holder is exercised through intermediary business entities, the identity, in hierarchical fashion, all such intermediary entities and their officers, directors, trustees, shareholders, and person reporting to the chief executive officer or board of directors, and provide similar information on any parent business entity. If the intermediary entity or ultimate parent is a publicly traded company, the ownership identification required for this business entity shall be provided in accordance with c. below; and

c. If the business entity is a publicly traded company:

1. The name and percentage of ownership interest of each individual or business entity with ownership of more than 10 percent of the voting shares of the entity, to the extent such information is known or contained in Securities and Exchange Commission filings;

2. To the extent known, the names and percentage of interest of ownership of persons who are relatives of one another and who together, as individuals or through trusts, exercise control over or own more than 10 percent of the voting shares of the entity; and

3. Any trust holding more than 10 percent ownership or voting interest in the company, to the extent such information is known or contained in Securities and Exchange Commission filings;

(4) The following documents for each party to the application:

a. A completed “Release of Liability Waiver” form (2/2026);

b. A completed “Multi Jurisdictional Personal History Disclosure Form”, available as noted in Appendix B;

c. A copy of a credit report issued no more than 3 months prior to the application;

d. A copy of the signed and filed tax returns from the prior 3 tax years, including supporting schedules; and

e. Any other information the commission requests that bears on the subject’s suitability to be associated with charitable gaming in New Hampshire, including, but not limited to:

1. The subject’s character;

2. Personal associations; and

3. The extent to which the subject is properly doing or has done business in the manner in which it purports to operate within and outside of the state of New Hampshire;

(5) For applicants that are a business entity, financial statements reviewed or audited by a certified public accountant covering the same 3-year period as the tax returns submitted in accordance with (4)d. above, including a minimum of the following:

a. Balance sheet;

b. Income statement;

c. Cashflow statement; and

d. Statement of equity;

(6) When applicable, the names and contact information of any persons or entities upon whom the business relies or expects to rely upon for financial support, including but not limited to loans or contributions of capital, and a brief description of the financial support being provided;

(7) When applicable, the pertinent details related to any judgments, petitions, relief, or appointments issued to the business or any holding or intermediary companies within the last 10 years that are related to or could impact the applicant’s fitness to be associated with charitable gaming in New Hampshire; and

(8) When applicable, the pertinent details related to a gaming license denial, suspension, or revocation against any party to the application by this or any other state.

(b) 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.

(c) In accordance with RSA 287-D:11, V, the attorney general or the commission may require, by subpoena or otherwise, the attendance of witnesses and the production of such correspondence, documents, books, and papers as the attorney general deems advisable, and for purposes of this section, may administer oaths and take the testimony of witnesses.

(d) All of the documents submitted by an applicant for the purpose of determining fitness under this section shall be considered confidential and shall not be disclosed.

Source. #14341, EMERGENCY, eff 8-21-25; ss by #14503, eff 2-4-26, EXPIRES: 2-4-36

Lot 7204.03 Suitability Determinations.

(a) In evaluating the fitness of the applicant to be associated with charitable gaming in New Hampshire, the commission shall consider the overall reputation of the applicant including, without limitation:

(1) Whether the applicant’s background and criminal records check disqualify the applicant from participating in the charitable gaming pursuant to RSA 287-D:14, IX;

(2) The integrity, honesty, good moral character, and reputation of the applicant;

(3) The financial stability of the applicant, particularly as it applies to the applicant’s ability to construct and operate a gaming establishment, as determined by the following criteria:

a. The ability to maintain a typical gaming establishment payroll and equivalent provisions adequate to pay winning wagers to gaming establishment patrons when due;

b. The ability to meet ongoing operational expenses which are essential to the maintenance of continuous and stable gaming establishment operations;

c. The ability to pay, as and when due, all local, state and Federal taxes, including taxes and other fund payments imposed by RSA 287-D;

d. The ability to make necessary capital and maintenance expenditures in a timely manner which are adequate to ensure maintenance of a superior, first-class facility of exceptional quality; and

e. To the extent known at the time, the ability to pay, exchange, refinance, or extend debts, including long-term and short-term principal and interest and capital lease obligations, which are expected to mature or otherwise come due and payable during the license terms, or to otherwise manage such debts and any default with respect to such debts;

(4) Whether the applicant has a history of compliance with regulatory gaming requirements in this or other jurisdictions;

(5) Whether the applicant, at the time of application, has been the subject of criminal prosecution or civil litigation in matters implicating its business practices, personal character, honesty, or integrity, and the outcome of such proceedings;

(6) When applicable, the business practices and the business ability of the applicant to establish and maintain a successful gaming establishment; and

(7) When applicable, the suitability of all parties in interest to the gaming license, including affiliates and close associates and the financial resources of the applicant.

(b) For applicants seeking a PGO or SGO license, the commission shall deem an individual suitable to participate in charitable gaming when the commission determines that the individual:

(1) Is of good character, honesty, and integrity; and

(2) Does not possess a background, reputation, or associations such that the applicant’s participation in charitable gaming would likely result in injury to the state’s interests or in adverse publicity for the state.

(c) For applicants seeking a GOE or facility license, the commission shall report the results of its investigation and its recommendations relative to the issuance of a license to the attorney general. In accordance with RSA 287-D:11, III, the attorney general and the commission shall confer and determine if such person is suitable to be associated with charitable gaming in New Hampshire.

(d) In accordance with RSA 287-D:11, III(a), no person shall be issued or hold a license if in the opinion of the commission and attorney general such person is not fit to be associated with charitable gaming in this state.

(e) In accordance with RSA 284:15-b, II, no person shall be issued or hold an HHR license if in the opinion of the commission and attorney general such person is not fit to be associated with charitable gaming in this state.

(f) Once issued a positive determination of suitability, the licensee and all parties to the application shall have a duty to notify and update the commission, in writing, within 10 days of the occurrence, or where applicable, gaining knowledge of the following:

(1) Any denial, suspension, or revocation by a government agency in any jurisdiction of a gaming related license, registration, certification, permit, or approval held by or applied for by the licensee or parties to the application;

(2) Any discipline, including a fine or warning, related to gaming operations imposed upon the licensee or party to the application by any government agency in any jurisdiction;

(3) Any fine related to gaming operations assessed on any gaming entity owned or operated by the parent to the licensee by any government agency in any jurisdiction;

(4) Any arrest, indictment, charge, or criminal conviction of any party to the application in any jurisdiction;

(5) Any complaints, allegations, or notice of investigation thereof made or known to be contemplated by a gaming regulator or other governmental agency against the licensee or party to the application involving conduct that, if substantiated, could reasonably lead to potential revocation or suspension of the license or approval held by the licensee, party to the application, or gaming entity owned or operated by the parent to the licensee, in that jurisdiction or imposition of a fine of $50,000 or greater;

(6) Any reports, complaints, allegations, or material legal proceedings made, commenced, or known to be contemplated by a governmental agency against the licensee or party to the application, of which the licensee or party to the application is or should reasonably be aware, involving conduct that if substantiated could reasonably lead to potential criminal charges including, but not limited to, allegations of theft or embezzlement;

(7) Any information known or that should reasonably be known to the licensee or party to the application, including by way of receipt of a subpoena, that the licensee or party to the application is or may be the subject of a criminal investigation by a law enforcement or regulatory agency;

(8) Any exclusion or barring of a party to the application from any casino, gaming establishment, or any gambling or gaming related entity in any jurisdiction;

(9) The termination, suspension from employment, or other discipline of any party to the application;

(10) Any material pending legal proceedings required to be reported in accordance with 17 CFR 229.103 - (Item 103) legal proceedings. For purposes of this subparagraph, the registrant referred to in 17 CFR 229.103 - (Item 103) shall be both the applicant and the parent company of the applicant as determined by the commission. Additionally, the licensee and each party to the application shall provide notice of any pending legal proceeding which includes any allegation of fraudulent conduct by the licensee or a party to the application, that may reasonably threaten the economic viability of the licensee or a party to the application, or that alleges a pattern of improper conduct by the licensee or a party to the application over a sustained period of time;

(11) Any significant financial event related to a licensee or entity party to the application. For the purposes of this section, a “significant financial event” means:

a. A merger, acquisition, or consolidation;

b. Debt restructuring or material change in debt rating by major credit rating agencies either US or international;

c. Legal entity change or material ownership change;

d. The assessment of a fine or penalty by any court or government entity;

e. Restatement of previously issued financial statement(s);

f. Late filing of financial statement(s) with the SEC or international equivalent;

g. United States or international equivalent bankruptcy petition;

h. Default of financial debt covenants and receivership;

i. Disposal of a material business segment or asset; or

j. Adverse action(s) taken by the IRS;

(12) Issuance of an “Adverse” or “Qualified” audit opinion, or the international equivalent, by an independent accountant to the licensee or party to the application;

(13) A change in accounting firm engaged to perform attestation or assurance services for the licensee or party to the application; and

(14) Issuance of a delisting notice from a United States or international stock exchange relative to the licensee or party to the application.

(g) Failure to notify the commission in accordance with (e) above may subject the individual to penalties pursuant to Lot 7213 below.

(h) A finding of suitability shall be revoked when the commission and attorney general determine that an individual or entity no longer qualifies for licensure or is no longer suitable to participate in the operation of charitable gaming in New Hampshire.

(i) Except as provided by (h) above, a finding of suitability shall be valid for a period of 5 years from the date of issuance.

(j) In accordance with RSA 287-D:11, IV, the expenses of the office of attorney general or the commission, if applicable, in conducting any investigation authorized in this section, including the services of consultants, experts, accountants, and other assistants, shall be a direct charge against the applicant or licensee. Total expenses for each investigation under this paragraph shall not exceed $5,000, except with the approval of the fiscal committee of the general court.

(k) The applicant bears the burden of demonstrating eligibility, suitability, and qualifications for licensure pursuant to this chapter. Suitability determinations by the commission and the attorney general’s office shall not be subject to appeal or reconsideration.

Source. #14341, EMERGENCY, eff 8-21-25; ss by #14503, eff 2-4-26, EXPIRES: 2-4-36

PART Lot 7205 APPROVAL OF AN APPLICATION FOR LICENSURE

Lot 7205.01 Application Approval and Denial Criteria.

(a) In accordance with RSA 541-A:29, I and II:

(1) Within 30 days of receipt, the commission shall:

a. Examine the application, to determine if the application is:

1. Complete if it meets the filing and content requirements of this section; or

2. Incomplete if it fails to meet the filing and content requirements of this section;

b. In the event the application is found to be incomplete, notify the applicant in writing of any apparent errors or omissions; and

c. Allow the applicant 10 days to submit any additional information needed to complete the application process; and

(2) Within 60 days after receipt of the application, or response to a request for additional information pursuant to (1) above, the commission shall:

a. Determine that the application is complete when the applicant satisfies the

requirements of Lot 7200; and

b. Either approve or deny the application based on its merits.

(b) If the applicant fails to provide the additional information needed to complete the application within 10 days, the application shall be returned to the applicant and no further action shall be taken by the commission. The return of an application due to improper filing or completing the application shall not preclude the applicant from later obtaining an approval by submitting an application that meets the application filing requirements of this section.

(c) The commission shall approve an application and issue a license when the applicant and, if applicable, all parties to the application:

(1) Are 18 years of age or older;

(2) Have submitted complete and accurate documents in accordance with Lot 7203 above;

(3) Have been found suitable to be associated with charitable gaming pursuant to Lot 7204.03; and

(4) Have not had a gaming license revoked or have otherwise committed any act which is a ground for the revocation or would have been a ground for revoking registration if the applicant had been licensed.

(d) The commission shall deny the application and not issue a license when the applicant does not meet the requirements of (c) above.

(e) In addition to (d) above, if an applicant makes an untrue statement of material fact in any application, or willfully omits any material fact which is required to be stated therein, or omit to state a material fact necessary to make the facts stated in view of the circumstances under which they were stated, not misleading, it shall be grounds for denial of an application or revocation of any license issued based on the erroneous information.

(f) The commission may deny, revoke, suspend, limit, condition, or restrict any finding of suitability or application therefore upon the same grounds as it may take such action with respect to licenses, licensees, and licensing without exclusion of any other grounds. The commission may take such action on the grounds that the licensee or person found suitable is associated with, controls, is controlled by, is under common control with, an unsuitable person.

(g) Any person whose application has been denied is not eligible to apply again for licensing or approval until after expiration of 1 year from the date of such denial, unless the commission advises that the denial is without prejudice and future applications may be submitted.

Source. #12839, eff 7-27-19; ss by #14341, EMERGENCY, eff 8-21-25; ss by #14503, eff 2-4-26, EXPIRES: 2-4-36

Lot 7205.02 License Limitations and Expirations.

(a) All licenses issued under this part shall be non-transferable and non-assignable.

(b) A charitable organization shall not operate or host more game dates than prescribed by RSA 287-D:4-a.

(1) Charitable organization licenses shall expire on December 31 of the licensed year, as specified in RSA 287-D:6, V;

(2) GOE licenses shall expire 3 years from the date of issue;

(3) Authorization to operate VLTs or HHR shall expire in conjunction with the licensee’s GOE license;

(4) PGO licenses shall expire 3 years from the date of issue;

(5) SGO licenses shall expire 3 years from the date of issue;

(6) Facility licenses shall expire 3 years from the date of issue;

(7) Upon revocation by the commission in accordance with RSA 287-D:23, III; or

(8) Upon voluntary surrender by the licensee.

Source. #12839, eff 7-27-19; ss by #14341, EMERGENCY, eff 8-21-25; ss by #14503, eff 2-4-26, EXPIRES: 2-4-36

Lot 7205.03 Notification Obligations.

(a) All information provided on or with an application shall be true and complete to the best of the applicant’s knowledge as of the date on which the application is submitted to the commission.

(b) Individuals who are licensed by the commission shall notify and update the commission within 10 days of the occurrence of:

(1) Any arrest, indictment, charge, or criminal conviction in any jurisdiction;

(2) Any exclusion from any casino, gaming establishment, or gaming entity in any jurisdiction;

(3) Any denial, suspension, or revocation by a government agency in any jurisdiction of a license, registration, or approval held by or applied for by the licensee; or

(4) Any discipline, fine, penalty, or legal action imposed by a government agency in any jurisdiction.

Source. #14341, EMERGENCY, eff 8-21-25; ss by #14503, eff 2-4-26, EXPIRES: 2-4-36

Lot 7205.04 Operations in Other Jurisdictions.

(a) With the exception of charitable organizations, all licensees shall notify the commission of any convictions, fines, fees, penalties, or other discipline relating to the licensee’s gaming operations in other jurisdictions. The obligation to report shall extend to parent companies and subsidiaries of the licensee if the licensee is a corporate entity.

(b) In addition to (a) above, the licensee shall notify the commission of any incidents or activities that could reasonably lead the public to have concerns regarding the integrity of New Hampshire charitable gaming operations.

(c) The licensee shall notify the commission within 90 days of the disciplinary action, incident, or activity that could undermine the integrity of charitable gaming in New Hampshire.

Source. #14341, EMERGENCY, eff 8-21-25; ss by #14503, eff 2-4-26, EXPIRES: 2-4-36

Lot 7205.05 Transfer of Ownership Interest.

(a) Pursuant to RSA 287-D:4, III, a gaming license shall not be transferred. This restriction shall not apply to a change in ownership interest, stock, or control of a licensed corporate entity.

(b) Except as allowed by (e) below, a transfer of the underlying ownership of the licensed entity, in the aggregate, directly or indirectly, shall not occur without commission approval.

(1) A complete “Transfer Interest Form” (2/2026) which shall include:

a. A certification affirming that under penalty of unsworn falsification pursuant to RSA 641:3, the information provided on the form is true, accurate, and complete, and that there are no willful misrepresentations in, or falsifications of the information provided therein; and

b. The following supporting documentation:

1. A pre-transfer organizational chart;

2. A post-transfer organizational chart;

3. A copy of the proposed purchase agreement;

4. A brief written summary of the transaction; and

5. Drafts of the closing documents; and

(2) The documents required by Lot 7204.02 above relative to completing a suitability review.

(d) The commission shall approve the change of ownership when it has determined that the transferee is suitable to participate in charitable gaming under the standards set forth in this chapter and such approval would not be disadvantageous to the interest of the state of New Hampshire or licensed charitable organizations.

(e) The requirements of (c) above shall not apply to the following transfers:

(1) The open market transfer of a publicly traded interest in a gaming licensee, or holding, parent or intermediary company of a gaming licensee where such transfer results in the transferee holding less than a 10% interest in the holding, parent, or intermediary company; or

(2) The granting of a security interest in return for financing to a bona fide banking institution, or a commercial financial institution, so long as the bona fide banking institution or the commercial financial institution does not, by virtue of its security interest, possess the ability or intention to influence or affect the affairs or operations of a gaming licensee or applicant or qualifier for a gaming license.

Source. #14341, EMERGENCY, eff 8-21-25; ss by #14503, eff 2-4-26, EXPIRES: 2-4-36

Lot 7205.06 Prohibited Practices.

(a) A licensee shall not knowingly:

(1) Violate a foreign, federal, tribal, state, county, city, or township law, regulation, ordinance, or rule, or any equivalent thereof, concerning the conduct of gaming;

(2) Fail to conduct the operation in accordance with the standards of honesty and integrity required for gaming in this state;

(3) Engage in an activity or enter into an association that is unsuitable for a licensee because it:

a. Poses an unreasonable threat to the control of gaming in this state;

b. Reflects or tends to reflect discredit or disrepute upon this state or gaming in this state; or

c. Is contrary to the public policy of this state concerning gaming;

(4) Engage in an activity or enter into an association that interferes with the ability of the state of New Hampshire to collect all revenues and license fees imposed by this chapter; or

(5) Employ, contract with, or associate with a person whom the commission or a court in this state has found guilty of cheating or to whom the commission has denied a gaming license, or finding of suitability, on the ground of unsuitability.

(b) In addition to (a) above, a GOE shall not, directly or indirectly, interfere with, hinder, obstruct, impede, or take any action to delay the issuance of a GOE or facility license to, or the operation of any other applicant for or holder of a gamer operator employer or facility license granted by the commission in accordance with this chapter.

(c) The restrictions specified in (b) above shall preclude the applicant, licensee, principal affiliates of the licensees, and any of their respective parents, subsidiaries and affiliates from:

(1) Interfering with another applicant’s or licensee’s receipt of any municipal or other land use approvals, such as zoning, planning, permitting, and traffic approvals;

(2) Interfering with the approval and issuance of any license by the commission including suitability determinations by the attorney general, and the receipt of any other approvals of any kind from the state of New Hampshire;

(3) Restricting another licensee’s access to, discriminating against another licensee in the provisions of, or offering another licensee at terms materially different than the most favorable terms offered for goods or services necessary for the conduct of charitable gaming activities;

(4) Providing funding or other material support to engage in any of the actions described in (1)-(3) above; or

(5) Taking any actions described in (1)-(4) above by an affiliate of the licensee, principal affiliates, or the licensees and any of their respective parents, subsidiaries, and affiliates, an entity in which the licensee, principal affiliates of the licensee and any of their respective parents, subsidiaries, and affiliates owning a beneficial or proprietary interest, or a naturals person directly or indirectly related to the licensee principal affiliates of the licensee and any of their respective parents, subsidiaries, and affiliates.

(d) Suspected violations of this section shall be reported in writing to the investigation and compliance division for further investigation. If the division concludes there is merit to the allegation, it may take enforcement action and pursue penalties pursuant to Lot 7213.

Source. #14341, EMERGENCY, eff 8-21-25; ss by #14503, eff 2-4-26, EXPIRES: 2-4-36

PART Lot 7206 REQUIRED DOCUMENTATION

Lot 7206.01 Service, Rental, and Lease Agreements.

(a) Where a GOE operates a GOC event on behalf of a charitable organization or a host community:

(1) Pursuant to RSA 287-D:14, II, all agreements between a charitable organization and a GOE shall be memorialized using either the “Standard Agreement – Charitable organization” or “Standard Agreement – Host Communities” form (2/2026), as applicable;

(2) Pursuant to RSA 287-D:14, V, the GOE shall not charge the charitable organization or host community any additional fees not specifically allowed pursuant to RSA 287-D and this chapter as a condition of contracting with the operator for game dates;

(3) Pursuant to RSA 287-D:19, I-II, the GOE shall not charge the charitable organization or host community rent for the use of the facility where the event is held; and

(4) Pursuant to RSA 287-D:19, III, the GOE shall provide, at no cost, all equipment and services required for operation including but not limited to:

a. Gaming space;

b. Heat, lights, and restroom facilities sufficient for the seating capacity of the facility;

c. Security of the facility and parking area;

d. Snow removal; and

e. Trash removal and overall janitorial services sufficient to maintain the facility in a clean and proper condition for conducting business.

(b) When a charitable organization operates its own GOC event:

(1) Pursuant to RSA 287-D:19, I, the facility where the event takes place shall either be the organization’s primary meeting place, or provided to the organization at no charge or other compensation; and

(2) Pursuant to RSA 287-D:18, equipment utilized at the event shall either be owned outright by the charity or used by the charity without payment or compensation.

(c) A licensed charitable organization or host community may elect to provide for itself any of the goods and services that a facility owner is required to provide under this section, provided these arrangements are clearly noted in the standard agreement, and the total compensation to be paid to the facility is reduced commensurate with the cost of the goods and services as itemized in the standard agreement.

(d) Participation in and charges for activities such as advertising, free offer of coffee and donuts to customers, security protection, consulting or management services, shall be at the discretion of the charitable organization or host community.

(e) No GOC shall be held in any facility that has not been approved by the municipal governing body for public assembly, or as otherwise required by law.

Source. #14341, EMERGENCY, eff 8-21-25; ss by #14503, eff 2-4-26, EXPIRES: 2-4-36

Lot 7206.02 Documentation to be Displayed in the Gaming Area.

(a) The licensee shall prominently and conspicuously display the following in the immediate area where gaming is conducted:

(1) When the games are operated by a GOE:

a. A copy of the GOE license issued by the commission;

b. Copies of the VLT and HHR licenses issued by the commission, as applicable;

c. A copy of the facility license issued by the commission; and

d. The name of the licensed charitable organization(s) sponsoring the event;

(2) When the charitable organization operates its own GOC:

a. A copy of the charitable organization’s license to offer GOC;

b. A copy of the facility license, if applicable; and

c. A complete list of all bona fide members who are authorized to operator the games.

(b) The licensee shall make the following documents readily accessible to patrons:

(1) House rules;

(2) Game procedures, including those for player-funded and operator-funded promotions;

(3) Copies of RSA 287-D and, if applicable, RSA 287-J and RSA 284:22-b; and

(4) This chapter, Lot 7200.

(1) The name of the GOC;

(2) The minimum and maximum wagers;

(3) The maximum payout, if any such restrictions apply; and

(4) Any other information required by the commission as part of its review of the game procedure.

Source. #14341, EMERGENCY, eff 8-21-25; ss by #14503, eff 2-4-26, EXPIRES: 2-4-36

Lot 7206.03 House Rules.

(a) Pursuant to RSA 287-D:14, XX, the licensee shall adopt and adhere to house rules that include a minimum of the following information:

(1) General rules, including:

a. The general rules of play, such as age requirements, code of conduct, and dress code;

b. Policies and procedures for addressing and resolving player disputes;

c. How a player can contact the commission with comments, concerns, or questions;

d. How a player can claim prizes from a GOC or EGD, including but not limited to identifying acceptable forms of identification and supporting documentation necessary to make such a claim; and

e. The effective date of the house rules;

(2) For banked GOC:

a. Game procedures as required pursuant to Lot 7206.04;

b. Procedures for misdeals and betting irregularities; and

c. Any rules that may restrict a player's right to win a wager or jackpot prize;

(3) For tournaments:

a. The amount of the entry fee, if any;

b. Whether or not buy-in and re-buys will be permitted, and if permitted, under what circumstances, conditions, and amounts;

c. The initial amount of all antes and blind bets and a description of the way the amount of antes and blinds will increase during the progress of game;

d. Procedures for misdeals, betting irregularities, and splitting pots;

e. Any rules that may restrict a player's right to win a hand, pot, or jackpot prize;

f. Any time limits pertaining to the play of the game;

g. Prize pay outs and any prize-related restrictions; and

h. The refund policy.

(b) The licensee shall submit a copy of its house rules to the commission:

(1) With an application in accordance with Lot 7203.03(c)(2)c. or Lot 7203.04(d)(6); and

(2) At least 10 days prior to any proposed amendments to the current house rules taking effect.

(1) The house rules do not include the details required by (a) above;

(2) The house rules conflict with or are otherwise prohibited by law, this chapter, or any ruling issued by the commission; or

(3) The house rules do not accurately reflect the operation in practice.

(d) Pursuant to Lot 7206.02(b)(1), the licensee shall prominently and conspicuously display copies of the house rules for patrons to review.

Source. #12839, eff 7-27-19; ss by #14341 EMERGENCY, eff 8-21-25 (formerly Lot 7206.06); ss by #14503, eff 2-4-26, EXPIRES: 2-4-36

Lot 7206.04 Game Procedures.

(a) Only games authorized by the commission may be offered for play. A game operator shall not offer a new game or game variation for play until the new game or game variation has been reviewed by the commission to determine the game procedure’s compliance with the requirements of this section.

(b) To obtain authorization of a new game, or to modify a previously authorized game, the game operator shall submit a written request and the game procedure to the commission at least 45 days prior to the proposed implementation date.

(c) A request for authorization of a game procedure submitted in accordance with (b) above shall include a minimum of the following:

(1) The name and address of the game operator requesting authorization of the new game or game variation request;

(2) The name of the game, which shall be different than the name of a game previously authorized by the commission;

(3) Whether the game is a variation of an authorized game, a composite of authorized games, or a new game;

(4) The game procedure, which includes the following information:

a. A summary of the game, including the objectives of the game, the method of play, and the wagers offered;

b. The proposed rules of the game including a description of the equipment used to play the game and specific examples and dealing procedures;

c. Specific procedures to remedy all misdeals and malfunctions of any gaming equipment utilized;

d. Wagers, true odds, payout odds, and the house advantage for each wager;

e. Sample(s) of new or modified gaming accessories or apparatuses associated with the game;

f. A picture depicting the game layout or felt including the spaces for bets to be placed;

g. Sketches or pictures of the equipment used to play the game; and

h. A report from an independent testing laboratory issued pursuant to Lot 7209.09;

(5) A certification from an independent testing laboratory approved by the commission to conduct a mathematical analysis of the game and confirm compliance with New Hampshire’s gaming regulations; and

(6) Any other information or material requested by the commission.

(d) The game operator shall demonstrate the proposed game upon the request of the commission.

(e) The commission shall authorize a game procedure, or a modification to a previously authorized game, if it concludes that:

(1) The game procedure is for a GOC as defined by Lot 7202.14 above;

(2) The game procedures include the details required by (c) above, and are written in a clear and concise manner to make them understandable to the average player;

(3) Approval of the GOC would likely advance the purposes of RSA 287-D, including serving as a source of revenue for the charitable organization and the state of New Hampshire; and

(4) Approval of the GOC would not be otherwise prohibited by law, this chapter, or any rulings of the commission.

(f) The commission shall deny or revoke its authorization of any GOC when it concludes that:

(1) The game procedure does not meet the requirements of (e) above;

(2) The authorization previously granted to the licensee was erroneously issued;

(3) The licensee operates the GOC in a manner that is not consistent with the procedures as authorized; or

(4) Offering the game will likely result in a reduction in the payments otherwise due to the charitable organization or the commission in accordance with RSA 287-D:19, III(f) and RSA 287-D:20.

(g) Game procedures that have been authorized by the commission may be utilized by other charitable organizations or GOEs without additional commission authorization.

(h) Commission authorization of a game procedure shall not represent, warrant, assert, or otherwise be construed to mean that the game does not violate any other law or intellectual property right, including, but not limited to, any agreement, license, copyright, trademark, or patent right. Licensees shall be solely responsible for satisfying all proprietary requirements. The commission’s authorization shall be limited to determining whether the proposed game addresses the requirements of this section.

(i) When operator-funded or player-funded promotions are offered, the GOE shall provide written notification to the commission at least 10 days prior to offering the promotion. The notification shall include a detailed description of the promotion, identifying it either as an operator-funded or player-funded promotion, and shall include the following information:

(1) For operator-funded promotions:

a. The name of the promotion;

b. When the promotion will be offered;

c. The conditions for participating in the promotion; and

d. A description of the style of play and how the promotion is awarded; and

(2) For player-funded promotions:

a. The name of the promotion;

b. The amount of the jackpot rake;

c. The amount, percentage, or formula used to determine the amount of funds to be contributed to each pot;

d. The account(s) where the funds will be deposited and withdrawn;

e. The time of the day when the jackpot will be updated, which shall be no less than once per gaming day;

f. The conditions for participating in the promotion;

g. The qualifying hands with all specific requirements;

h. The percent of the jackpot awarded to each qualifying player; and

i. How the promotional funds will be dispersed in the event the game is closed or otherwise terminated.

Source. #12839, eff 7-27-19; ss by #14341, EMERGENCY, eff 8-21-25 (formerly Lot 7206.07); ss by #14503, eff 2-4-26, EXPIRES: 2-4-36

Lot 7206.05 Internal Control Procedures.

(a) The GOE shall develop, implement, and adhere to written internal control procedures designed to ensure effective control over the gaming operation by discouraging and protecting against illicit behavior and safeguarding the integrity of the games. Internal control procedure shall document the GOE’s accounting procedures, reporting procedures, and personnel policies for the purpose of determining the GOE’s liability for revenue shares to the state and charities, fees, and exercising effective control over the licensee's internal fiscal affairs. Such internal controls shall meet or exceed the requirements set forth in this part.

(b) The controls required by (a) above shall ensure that:

(1) Assets are safeguarded and accountability over assets is maintained;

(2) Financial records are complete, accurate, and reliable;

(3) Transactions are performed only in accordance with accepted accounting principles, all applicable laws and regulations, and the GOE’s stated procedures which shall not be inconsistent with applicable laws and regulations;

(4) Transactions are recorded to permit proper reporting of fees and gaming revenues, and to maintain accountability for assets;

(5) Access to assets is permitted only to authorized personnel, including but not limited to key access;

(6) Recorded accountability for assets are compared to actual assets at periodic intervals, and appropriate action is taken with respect to any variances;

(7) Functions, duties, and responsibilities are appropriately segregated and performed in accordance with sound practices by qualified authorized personnel, and no individual is able to perpetuate fraud or conceal errors or irregularities in the normal course of duties; and

(8) Gaming is conducted in accordance with applicable laws and this chapter.

(1) An organizational structure designed to segregate functions, duties, and responsibilities in accordance with sound business practices to prohibit individuals from being in a position that allows them to both commit and conceal an error or to perpetrate a fraud in the normal course of duties;

(2) Control of gaming equipment inventory to prevent unauthorized access, misappropriation, forgery, theft, or fraud, including systems and safeguards with regard to the receipt, storage, inventory, and disbursal of chips, cards, dice, and other sensitive equipment utilized by the gaming operation;

(3) A system for the collection and security of moneys at the table games and machines, the transfer and recordation of chips between the table games and the cashiers’ cage, the transfer of money from the gaming floor to the counting process, and the process and equipment to assure security for the counting and recordation of revenue;

(4) A detailed surveillance plan that documents the transfer and movement of assets contemplated in (3) above;

(5) Safeguards of assets within the cashiers’ cage for:

a. The receipt, storage, inventory, and disbursal of chips, cash, counter checks, and other cash equivalents used in gaming;

b. The cashing of checks;

c. The redemption of chips and other cash equivalents used in gaming; and

d. The recording of transactions pertaining to gaming;

(6) An accounting system established in accordance with (d)-(e) below to safeguard assets and ensure that:

a. Financial records are prepared and maintained completely, accurately, and reliably;

b. Revenue and fees are properly reported and paid;

c. Accountability of gaming assets is maintained; and

d. The charitable organization and the GOE review records and reports periodically, and, when applicable, appropriate action is taken with respect to any discrepancies;

(7) A plan for ensuring that all individuals involved in the gaming operation are properly licensed;

(8) When tournaments are offered, a system for tracking the amount that a player has spent for buy-ins and re-buys;

(9) When free play is issued, procedures on the use of such gaming credits, including:

a. A description of the system or program used to issue and record free play;

b. Administrative and accounting controls applicable to issuing, recording, calculating, and auditing free play;

c. The levels of patron play required for the issuance of free play;

d. Employee titles authorized to issue free play at each level;

e. Any expiration dates for free play; and

f. Any expiration dates for free play coupons, if applicable;

(10) Standards governing the utilization of surveillance and security designed to prevent unauthorized access, activities, misappropriation, forgery, theft, or fraud;

(11) When applicable, physical and systems controls for information technology, including data back-up and maintenance of systems;

(12) Procedures and controls for ensuring that the gaming area is secure during normal operations, as well as contingency plans to address unforeseen incidences such as power outages, or episodes of equipment failure;

(13) Procedures regarding power outages, including the procedures to protect cash and other assets and the process to inform the commission of the power outages and the start and restoration times;

(14) Procedures for identifying and reporting a variance to ensure that the shortage or overage is recorded, accounted for and paid for, and that all variances of $1,000 or more, in whole or in aggregate, are reported to the commission within 30 days; and

(15) Procedures for implementing key controls set forth in Lot 7206.06.

(d) The GOE shall establish and maintain an accounting system for all activities conducted in conjunction with GOC and, if applicable, VLTs and HHR, that includes a minimum of the following:

(1) Processes to secure and count all cash or cash equivalent received in connection with a charitable gaming event, including the requirements that no fewer than 2 individuals be present and accountable for counting the receipts;

(2) Methods of accounting for chip sale and reimbursement;

(3) Documentation providing verification of all transfers of cash and chips between game table(s) and the central counting area and between the cage and main bank; and

(4) Procedures to ensure that for all cash poker games, rake is collected when a hand is determined to have been dealt, through either achieving a minimum amount in the pool or the revealing of community cards.

(e) General accounting records shall consist of processes to safeguard assets and ensure accurate and complete records of all transactions pertaining to gaming revenue and activities of operational accountability that:

(1) Record gaming activity transactions in an accounting system to identify and track all revenues, expenses, assets, and liabilities;

(2) Produce financial statements to include, at a minimum, an income statement, cashflow statement, and a balance sheet;

(3) Produce general ledger and appropriate subsidiary ledgers to support the financial statements;

(4) Provide detailed inventory records;

(5) Prepare, review, and maintain accurate financial statements;

(6) Prepare minimum bankroll calculations in accordance with Lot 7207.07 below; and

(7) Maintain and preserve all financial books, records, and relevant supporting documentation.

(f) In addition to the requirements of (a)-(e) above, each GOE shall implement procedures that are designed to detect and prevent transactions that may be associated with money laundering, fraud, and other criminal activities and to ensure compliance with all federal laws related to money laundering.

(g) A GOE licensee or applicant shall:

(1) Submit a copy of its written internal controls to the commission for review:

a. As part of its application for licensure pursuant to Lot 7203.04(d)(3); and

b. At least 15 days prior to the proposed implementation date of any amendments to previously reviewed controls pursuant to (i)-(k) below; and

(2) Not implement any internal controls procedures prior to receiving notification from the commission that the controls satisfy the requirements of this section.

(h) Submissions required by (g)(1) above shall include:

(1) An organizational chart depicting segregation of functions and responsibilities;

(2) A description of the duties and responsibilities of each position shown on the organizational chart;

(3) A detailed, narrative description of the administrative and accounting procedures designed to satisfy the requirements of (b)-(f) above;

(4) A written statement signed by the licensee’s chief financial officer or chief executive officer attesting that the system satisfies the requirements of this section;

(5) The completed form titled “Request for Review of Internal Control Documentation” (2/2026); and

(6) Such other items as the commission may require.

(i) Within 15 days of receiving controls submitted in accordance with (g)(1)b. above, the commission shall review the submission to determine if it meets the requirements of (h) above and notify the game operator in writing of its findings.

(j) When the GOE is notified that the internal controls do not meet the requirements of (h) above, the GOE shall revise its internal controls as appropriate and resubmit the document to the commission for review. If the licensee fails to resubmit the proposed controls to the commission for review within one month of receiving the commission’s written notice of deficiency, the licensee shall recommence the process for submitting controls in accordance with (g)(1)b. above.

(k) All revisions or amendments made as described in (g)(1)b. and (j) above shall:

(1) Use tracked changes or similar revision marks so the changes made to the document are clear;

(2) Include a log of all changes or amendments to the existing internal controls including the initial implementation date and the effective date of any subsequent changes or amendments reviewed by the commission;

(3) Include a narrative explaining the reason for the change or amendment; and

(4) Contain the version number and effective date clearly marked on every page.

(l) The GOE shall maintain a copy of the current controls and procedures in the facility or otherwise make them available to the commission for inspection upon request, and maintain a copy of any superseded changes to its internal controls for a minimum of 2 years.

(m) The commission may revisit any provision of the internal controls at any time and direct adjustment if the commission concludes that existing controls are unable to meet the objectives of (b)-(e) above.

Source. #12839, eff 7-27-19; ss by #14341, EMERGENCY, eff 8-21-25 (formerly Lot 7206.08); ss by #14503, eff 2-4-26, EXPIRES: 2-4-36

Lot 7206.06 Key Controls.

(a) Each GOE shall develop and utilize a lock and key control system that limits or restricts access to secure compartments and sensitive areas identified in (e) below and complies with this section.

(b) Locks and keys shall be received, secured, and maintained by the game room’s security department, and duplicate copies shall be maintained by the security and finance departments under dual control.

(c) A GOE may utilize computerized key security systems, which restrict access to the drop and count keys through the use of passwords, keys, or other means other than a key custodian.

(d) The GOE shall maintain a list of all keys under the GOE’s control, listed by end use and quantity, and a list of positions authorized to sign out these keys. The lists shall be audited quarterly by the GOE and updated whenever changes occur.

(e) The GOE shall maintain a separate list that identifies persons authorized by the GOE to possess keys providing access to the following compartments or sensitive areas:

(1) EGD cash storage box release keys;

(2) EGD cash storage box content keys;

(3) Table game drop box release keys;

(4) Table game drop box content keys;

(5) Table tray release keys;

(6) Table game pit podium keys;

(7) Card and dice storage;

(8) Drop cart keys to transport boxes to count rooms;

(9) Count rooms;

(10) Areas in which EGD cash storage boxes are located, if located outside the count room;

(11) Currency, redemption or kiosk cans, and chip cabinets or drawers;

(12) Each separately keyed compartment of an EGD; and

(13) Any other keys as directed by the commission.

(f) The following additional key controls shall be required for EGDs:

(1) Coin drop cabinet keys, machine door keys, fill cabinet keys, kiosk keys, currency acceptor drop box contents keys, and currency acceptor drop box release keys shall all be separately keyed from each other;

(2) The table game drop box release key shall not be keyed for releasing currency acceptor drop boxes;

(3) Two employees, neither of whom is the key custodian, shall accompany machine coin drop cabinet keys while checked out and observe each time machine coin drop cabinets are accessed, unless surveillance is notified each time keys are checked out and surveillance observes the person throughout the period the keys are checked out;

(4) Only the employees authorized to drop the currency acceptor drop boxes shall access the currency drop box release keys. These same employees shall not have access to currency acceptor drop box contents keys and currency acceptor drop box release keys simultaneously;

(5) Two employees shall accompany currency acceptor drop box storage rack keys from the time the keys are issued until the time the keys are returned;

(6) At least 2 count team members shall be present when currency acceptor and coin count room and other count keys are issued for the count and accompany these keys until the time the keys are returned;

(7) Two employees from separate departments shall accompany the currency acceptor drop box contents key from the time the keys are issued until the time the keys are returned;

(8) Records shall be maintained for each duplicated key to document the number of keys made and destroyed;

(9) Computerized key security systems, which restrict access to the drop and count keys through the use of passwords, keys, or other means other than a key custodian, shall provide the same degree of control as indicated above; and

(10) When computerized key security systems are utilized, the following additional ETG key control procedures shall apply:

a. Management personnel independent of the GOC, VLT, or HHR department shall assign and control user access to keys in the computerized key security system to ensure that drop and count keys are restricted to authorized employees only;

b. Access to the emergency manual override key(s) used to access the box containing the drop and count keys, shall require the physical involvement of at least 3 persons from separate departments, including management. The date, time, and reason for access shall be documented with the signatures of all participating employees signing in or out the emergency manual key(s); and

c. The custody of the keys issued pursuant to b. above shall require the presence of 2 individuals from separate departments from the time the key(s) are issued until the time the key(s) are returned and secured;

(11) The physical custody of keys, needed to access drop boxes shall require 2 employees, one of whom shall be independent of the GOC, VLT, or HHR department; and

(12) During the count, including breaks:

a. A minimum of 3 count team members shall be present to retain access to the keys; and

b. If at any time fewer than 3 members of the count team are present, the keys shall be secured in the key system.

(g) The GOE shall create and adhere to a policy relative to safeguarding keys to ensure that sensitive areas remain secure and the integrity of the gaming operations is preserved.

(h) The policies required by (g) above shall:

(1) Describe the manner in which keys will be issued, monitored, and returned to preserve the integrity of gaming, promote the segregation of duties; and

(2) Identify the employees or positions authorized to access each type of key utilized at the facility.

(i) Keys shall be accessed or distributed by electronic or manual means. If electronic means are used, a backup manual procedure shall be established should the electronic means become disabled.

(j) Each GOE shall implement a key control log system, which documents access to any secure key listed in (e) above and any additional keys that the GOE directs the security department to control.

(k) The key control log shall document the following information:

(1) The pre-designated key number;

(2) The date and time the key was signed out;

(3) The name and employee number of the employee signing out the key;

(4) The name and employee number of the security person escorting the employee with the key to the secure area as a second signature signing out the key, as required;

(5) The name and employee number of the security person issuing the key, if manual;

(6) The names and employee numbers of the employee and security person returning the key, if manual; and

(7) The date and time the key was returned or signed back in.

(l) If a sensitive key is lost, stolen, or removed from the premises, the GOE shall document the event, notify the commission within 24 hours of discovering the key is lost, and provide a proposed plan for remedying the lost sensitive key.

Source. #14341, EMERGENCY, eff 8-21-25; ss by #14503, eff 2-4-26, EXPIRES: 2-4-36

Lot 7206.07 Responsible Gaming Plan.

(a) Each GOE licensee shall post and make readily available to its patrons a copy of its responsible gaming plan that outlines the licensee’s efforts to:

(1) Identify problem gamblers;

(2) Take steps to prevent such individuals from continuing to engage in gambling; and

(3) Provide education and assistance to these individuals to address problem gambling activity.

(b) The GOE licensee shall include the following in its responsible gaming plan:

(1) Materials related to problem gaming and resources available to patrons expressing concerns about problem gaming;

(2) Options available for patrons to self-exclude from wagering for a specified time period or permanently;

(3) The following requirements:

a. The conspicuous posting of a sign where wagers are conducted that bears a toll-free number provided by the governor’s commission on addiction, treatment, and prevention or other organizations that provide assistance to problem gamblers;

b. Providing of informational leaflets or other similar materials to patrons expressing concerns about problem gaming, house-imposed player limits, and self-exclusion plans; and

c. Including in the licensee’s promotional and marketing materials information on problem gaming and organizations that provide assistance to problem gamblers;

(4) If the licensee becomes aware of a patron who has suffered significant financial losses in repeated visits to the licensee’s facilities, provide such patron with information on organizations that provide assistance to problem gamblers;

(5) If the licensee holds a license from the New Hampshire liquor commission to serve alcoholic beverages, training for employees to identify patrons who have consumed excessive amounts of alcohol to prevent such patrons from continuing to engage in wagering activity while impaired;

(6) Partnership with the governor’s commission on addiction, treatment, and prevention, the National Council on Problem Gambling, or other similar organization to identify and promote best practices for preventing problem gaming;

(7) Training of employees who have contact with patrons, as well as administrative and corporate staff members, to be aware of and respond to situations where a patron exhibits warning signs of a gambling problem or where a patron discloses they may have a gambling problem; and

(8) Policies to ensure that any request by a patron who wishes to self-exclude from the licensee’s facilities is honored by the licensee.

Source. #14341, EMERGENCY, eff 8-21-25; ss by #14503, eff 2-4-26, EXPIRES: 2-4-36

Lot 7206.08 Floor Plan of the Facility.

(a) No gaming operations shall occur without floor plan of the gaming facility that has been reviewed by the commission.

(b) The GOE shall submit a floor plan to the commission:

(1) With its gaming application; and

(2) At least 15 days prior to making any changes to the current gaming area.

(1) The address of the facility;

(2) The square footage of the facility including:

a. Total square footage;

b. Square footage of the gaming area dedicated to GOC, which shall comply with the requirements of (d) below; and

c. Square footage of the gaming area dedicated to VLTs and HHR, which shall comply with the requirements of (d) below;

(3) The capacity levels of the facility, as deemed acceptable by local building and fire code;

(4) An accurate depiction of the entire layout, including:

a. Each gaming pit, its pit location number, and any alternate configurations;

b. Each gaming table, noting its table number;

c. The cage, main bank, and any component offices and areas;

d. Each window at the cage, noting its window number;

e. The count room;

f. The surveillance room or secure location;

g. The type and location of each surveillance camera, noting its type and camera number;

h. Each area used for the storage of gaming chips, dice, or playing cards;

i. If applicable, each EGD and its location;

j. For those establishments offering sports wagering:

1. Each sports wagering counter and any ancillary counter, along with their component offices, areas, and equipment; and

2. Each self-service sports wagering machine, noting its location;

k. For those establishments offering simulcast wagering:

1. Each simulcast counter and any ancillary counter, along with their component offices, areas and equipment; and

2. Each self-service pari-mutuel machine and its location;

l. Each automated jackpot payout machine and its location;

m. Each gaming voucher redemption kiosk and its location;

n. Each other room or area that is accessible directly from the gaming area; and

o. The money route, which is the designated path used by authorized personnel to collect, transport, and secure drop boxes to and from the gaming floor.

(d) In addition to the requirements of (c) above, the floor plan shall:

(1) Provide sufficient detail and clarity to physically identify the gaming area within the facility;

(2) Be laid out in such a manner as to provide optimum security to patrons and the gaming operations and preserve the integrity of the games;

(3) Allocate the active gaming area in accordance with (e) below; and

(4) Not otherwise violate applicable law, or this chapter.

(e) The portion of the active gaming area allocated for the operation of EGDs shall not exceed 80 percent, with the remaining 20 percent allocated to GOC. ETGs shall not be counted towards the 20 percent of the floor allocated to GOC. To be considered an active gaming area, the GOC area shall be staffed or capable of being staffed upon demand, and ready for immediate or on-demand play.

(f) Within 15 days of receiving a floor plan submitted in accordance with (b)(2) above, the commission shall:

(1) Review the plan to confirm its compliance with (c)-(e) above; and

(2) Perform a physical inspection of the gaming area to confirm that the layout conforms to the floor plan and, when applicable, the terminal list submitted accordance with Lot 7203.04(d)(9)a. or Lot 7209.13(d)(2).

(g) Within 15 days of receiving a floor plan submitted in accordance with (b)(2) above, the commission shall review the floor plan to determine if it meets the requirements set forth in (c)-(e) above and notify the game operator in writing of its findings.

(h) When the GOE is notified that the floor plan does not meet the requirements set forth (c)-(e) above, the GOE shall revise the floor plan or terminal list as appropriate and resubmit the document to the commission for review.

(i) The commission may revisit the floor plan at any time and direct adjustment if the commission concludes that existing floor plan does not meet the requirements of this section.

Source. #14341, EMERGENCY, eff 8-21-25; ss by #14503, eff 2-4-26, EXPIRES: 2-4-36

PART Lot 7207 GAMING OPERATIONS

Lot 7207.01 General Requirements.

(a) All licensees shall take necessary steps to prevent cheating and ensure that the games are played fairly.

(b) In accordance with RSA 287-D:14, VII, RSA 287-J:5, II, and RSA 284:22-b, VII, GOC shall only be conducted and VLTs and HHR shall only be operated between the hours of 8:00 a.m. and 4:00 a.m. the following day.

(c) In accordance with RSA 287-D:14, I, no more than 2 licensed charitable organizations may conduct GOC at any one location on any date.

(d) Pursuant to RSA 287-J:6, III(a), and RSA 284:23, I(d), when VLT or HHR are also being operated, the licensee shall contract with 2 licensed charitable organizations for each game date.

(e) When a charitable organization chooses not to operate the GOC directly, the organization shall hire a licensed GOE to operate the games on its behalf.

(f) Pursuant to RSA 287-D:14, IX, the GOE or the charitable organization when choosing to operate the event directly, shall ensure that the games are not knowingly operated by individuals that have 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 charitable gaming in this or any state.

(g) In accordance with RSA 287-D:9, II, GOEs who operate GOC on behalf of a charitable organization shall be responsible for all requirements for which the charitable organization is responsible when a charitable organization operates GOC itself.

(h) Where a GOE is utilized to operate GOC, at least one licensed PGO shall supervise and manage all game operations for the entire time the games are being held.

(i) Except as allowed by (j) below, all persons participating in the operation of GOC shall wear an identification badge issued by the commission in such a manner that is readily visible for inspection by the public. A room specific identification badge shall be required for each game room where the game operator is employed.

(j) Surveillance and security personnel are exempt from displaying their identification badges when conducting an investigation or observation on the gaming floor when anonymity is necessary to effectively accomplish the objective. All such instances shall be documented in the surveillance daily log or incident report.

(k) The GOE shall notify the commission within 5 business days after a badged employee separates from employment.

(l) In accordance with RSA 287-D:14, VI, no one under the age of 18 years shall be admitted to the area where the GOC are being conducted or otherwise be allowed to pass through the gaming area.

(m) Pursuant to RSA 287-D:14, XVII, only games authorized by the commission in accordance with Lot 7206.04 above or Lot 7209.09 below shall be offered at the gaming event.

(n) All moneys from GOC shall be deposited to and withdrawn from a single account with a financial institution with at least one branch in New Hampshire, in accordance with RSA 287-D:6, I(c).

Source. #14341, EMERGENCY, eff 8-21-25; ss by #14503, eff 2-4-26, EXPIRES: 2-4-36

Lot 7207.02 Charity Partner Selection Process.

(a) The game operator shall design and implement a process that ensures the charitable organizations are selected in a manner that is transparent, fair, and equitable.

(b) The selection process implemented in accordance with (a) above shall ensure that selected charitable organizations:

(1) Are dispersed geographically and not concentrated in one area or region of the state;

(2) Are those that address the most urgent needs and provide the most benefit to New Hampshire and its citizens;

(3) Represent diverse causes and communities being served across New Hampshire;

(4) Are able to demonstrate that the services they provide directly impact the social or environmental changes that they claim to focus on;

(5) Are reputable, trustworthy, and highly regarded within the community and among its peers; and

(6) Pursuant to RSA 284:23, I(d), for GOEs offering HHR, preference shall be given to charitable organizations from within the executive council district where the licensee is located.

(c) The game operator shall document its selection process including why an organization was or was not selected, and maintain such documents for at least 2 years.

(d) For each game date where HHR or VLTs are offered, the GOE shall contract with licensed charitable organizations or the host community, pursuant to RSA 287-D, RSA 284:22-b, RSA 287-J, and this chapter.

Source. #14341, EMERGENCY, eff 8-21-25; ss by #14503, eff 2-4-26, EXPIRES: 2-4-36

Lot 7207.03 Individuals Prohibited from Playing.

(a) The following individuals shall be prohibited from playing the games being offered at a charitable gaming event:

(1) Licensed individuals who participate in the operation of the event, such as by dealing a game, handling cash or chips, maintaining EGDs, or overseeing the gaming operations, including employees and agents of the licensed GOE;

(2) Individuals identified as a party to the application for the GOE license;

(3) Individuals or agents of an entity that holds the lease to the facility where the event is being held; and

(4) Individuals or agents of an entity that sold or leased gaming paraphernalia or related equipment to the charitable organization for use at the event.

(b) In accordance with RSA 287-D:14, VIII, no person operating a gaming event and no person who has leased a facility or sold or leased gaming paraphernalia or related equipment to a charitable organization for use during a charitable gaming event shall participate or play in any game conducted at that location on that date.

(c) Players financed in whole or in part by the GOE, the charitable organization, or agent thereof shall be prohibited from playing any games, including but not limited to:

(1) “Shill players”, which means individuals employed and financed by the GOE as a player for the purpose of starting or maintaining a sufficient number of players in a card game;

(2) “Stake players”, which means individuals financed by the GOE to participate in a game under an agreement or understanding whereby such persons are entitled to retain all or any portion of their winnings; and

(3) “Proposition player”, which means an individual paid a fixed sum by the licensee for the specific purpose of playing in a card game who uses their own funds and who retains their own winnings and absorbs their own losses.

(d) No dealer may place a wager in any game in which they are dealing or allow a player to place a wager on the dealer’s behalf. This rule shall not preclude players from electing to tip a dealer, so long as the tip is not provided as a wager in a GOC, nor shall it preclude dealer add-on wagers when they are permitted under game procedures.

Source. #14341, EMERGENCY, eff 8-21-25; ss by #14503, eff 2-4-26, EXPIRES: 2-4-36

Lot 7207.04 Conduct of GOC.

(a) The game operator shall conduct all games in accordance with the game procedures and house rules submitted to and reviewed by the commission.

(b) No cash or chips received for the sale of stakes shall be commingled with any rake or other compensation received by the licensee from the players for the right to play.

(c) A secure, tamper-resistant container known as a "drop box" shall be attached to each gaming table and any other gaming device at which currency, coupons, or other items of value are accepted by the gaming operator.

(d) When the card table bank is to be replenished with chips from the card room bank, all cash or chips to be transferred shall be counted down by the dealer in public view on the card table under surveillance and verified by the person who transports the cash or chips.

(e) The following limitations shall apply to the use of card room banks and card table banks:

(1) Card room banks shall be used exclusively for the purposes of the maintenance of card table banks used in card games, and the issuance of chips to and redemption of chips from players; and

(2) Card table banks shall be used only for the purposes of making change or handling player buy-ins.

(f) The following shall apply to rake:

(1) The rake shall be collected when a hand is determined to have been dealt, through either achieving a minimum amount in the pool or the revealing of community cards;

(2) The rake shall only be pulled from the pot by the dealer in an obvious manner after each wager and call or at the completion of the hand;

(3) The rake shall be placed in a designated rake placement location and shall remain in the designated rake circle until a winner is declared and paid. The rake shall then be dropped into the card game drop box; and

(4) The designated rake circle shall be clearly visible to all players at the table.

(g) Card game drop box procedures shall comply with the following:

(1) Each card table shall have one card game drop box;

(2) The card game drop box shall be a locked container marked with a permanent number corresponding to a permanent number on the card table and permanently marked to indicate game and shift;

(3) The locked container shall be locked to the card table and shall be separately keyed from the container itself;

(4) All card game drop boxes shall be removed from their respective card tables at the end of each shift at the times previously designated in the game operator’s internal controls;

(5) The removal of card game drop boxes shall be without any interruptions so that an observer may be able to observe the markings on the boxes; and

(6) The boxes shall be transported directly to the room designated for counting where they shall be stored in a secure place or immediately counted.

(h) For games where chips have no monetary face value:

(1) The licensee shall post the location of the game or tournament in the public place prior to commencing the game or tournament;

(2) The tournament may be held over multiple days to accommodate the number of players as long as the event is operated as a single event, hosted by the same charitable organization;

(3) Except as allowed by (4) below, the licensee shall not charge any amounts, by whatever name, other than buy-ins and re-buys;

(4) A GOE may offer players the option of a dealer add-on where the player receives some amount of additional chips in exchange for paying an additional sum, provided that the dealer add-on shall not exceed $25 and that 100 percent of the add-on shall be given to dealers as a gratuity;

(5) When a dealer add-on is offered:

a. The add-on shall only be offered at the time of the player’s initial buy-in;

b. The cost of the add-on shall not exceed $25;

c. Only one add-on may be purchased per player; and

d. 100 percent of the add-on shall be given to the dealer as a gratuity;

(6) When a player has lost all of their chips and is eliminated from the tournament, the player may buy in again to continue playing until such time as the player reaches the spending limits set by RSA 287-D:14, XV;

(7) When a player re-enters a tournament, as allowed by (6) above, a re-entry fee shall be charged and treated in the same manner as the initial buy-in, including as it relates to revenue distribution to the charity partners;

(8) In accordance with RSA 287-D:14, XVI, a minimum of 20 percent or $250 of the buy-in amount collected from players, whichever is less, shall be deducted from the buy-in amount as gaming revenue;

(9) Play may be conducted under table stakes rules, as follows:

a. The amount wagered by a player during the play of a hand shall not be limited except by the amount of chips the player has in their possession at the table;

b. Except as allowed by RSA 287-D:3-a, the amount of chips a player may

purchase during play shall be no greater in value than $2,500;

c. Once chips are on the table, the player shall not be permitted to remove chips from their stack, unless the player is concluding play and leaving the table; and

d. A game operator shall not require a player to maintain the minimum amount of chips to continue to play; and

(10) At the end of a game or tournament, any chips held by a player not receiving a prize shall:

a. Have no value for any purpose;

b. Not be traded, bartered, used, or exchanged for any purpose whatsoever; and

c. Not be used for play in any other game or tournament.

(i) For the purposes of this section, a hand begins when the dealer makes the first shuffle or presses the activation button on the shuffle machine and is complete once all wagers have been concluded on the cards in play, the pot has been awarded, and all cards have been collected and shuffled.

(j) Wagers shall only be placed in the form of chips, or the like, or, when ETGs are used, in the form of representations of credit.

(k) No licensed charitable organization or GOE shall extend credit to any patron at any time.

(l) Tips received from patrons in the form of chips shall comply with the following:

(1) When tips are accepted at a gaming table, the tip shall be clearly identified by the dealer in a manner that can be detected by surveillance and immediately deposited into a locked tip box or a clearly designated area of the gaming table; and

(2) At the end of the employee’s shift, all tips received in the form of chips shall be counted and exchanged for currency at the cage and in full view of a surveillance camera.

(m) No licensee shall permit side bets between players or other such activities that involve a participant wagering money or other items of value against another, when the activity does not provide for some portion of the proceeds to go to the licensed charitable organization and the state.

(n) The game operator shall immediately notify the commission in writing of any incidents that take place during a game event that involve:

(1) Theft, cheating, or similar acts of deception by a player or staff member;

(2) Physical altercations on the gaming floor; or

(3) Damage to machines or gaming equipment.

(o) The game operator shall cooperate with any investigations conducted by the commission or local law enforcement resulting from a report submitted in accordance with (n) above.

Source. #14341, EMERGENCY, eff 8-21-25; ss by #14503, eff 2-4-26, EXPIRES: 2-4-36

Lot 7207.05 Player-Funded Promotions. When a GOE offers player-funded promotions:

(a) The offer shall be limited to cash poker games, which are raked;

(b) The rake contributed to the promotional jackpot shall be at least one dollar less than the rake collected for gaming revenue;

(c) Promotional pool contributions shall not be placed in or near the rake circle, in the drop box, or commingled with other gaming revenue. At no time shall funds be commingled with other revenue or funds;

(d) A separate bank account shall be established for each promotional account, and at no time shall bank fees be deducted from the balance;

(e) All money collected from players shall be awarded in accordance with the GOE’s game procedures prior to the termination of any promotion. No commission, or administrative fee shall be taken from the pool;

(f) All payouts shall be in cash or by check;

(g) Information about the promotion shall be prominently displayed in the game room, and include:

(1) For progressive awards such as bad beat jackpots, the current amount of the pool(s), which shall be updated at least once a day; and

(2) For fixed-pay promotions, such as high-hand awards, the qualifying hands, win amounts, and times the promotion will be offered;

(h) The written game procedures about the promotion shall be made available in writing for patron review;

(i) All contributions and payouts for each pool being offered shall be documented to include the following information:

(1) The name of the promotion;

(2) The date corresponding to each contribution or payout;

(3) Total contributions on each given day;

(4) A list of all unclaimed jackpots, including player’s names and the date and amount won;

(5) A reconciliation reflecting contributions and payouts for the month, the amount of cash on hand and cash bank balances;

(6) The full, legal name of each patron that won the pool, the date won, the dollar amount of the payout; and

(7) Last running balance, if applicable;

(j) All prizes funded shall be in cash or cash equivalent;

(k) For each player-funded promotion offered during a given month, the GOE shall submit the following to the commission by the tenth day following the reported month:

(1) A copy of the bank statements for each pool; and

(2) A copy of the documentation required by (i) above for each pool;

(l) The promotion shall not be financed by non-participating players, or result in a reduction in the payments otherwise due to the charitable organization or the commission;

(m) The game operator employer shall be liable for the promotional pool. Should the moneys be lost or stolen, the game operator employer shall be responsible for replacing it; and

(n) In the event that a promotion concludes with player funds remaining, the GOE shall notify the commission to request permission to distribute such funds to players with another game, promotion, or contest. If the GOE is ceasing all operations, the GOE shall propose an alternative solution to distribute the funds for the benefit of players.

Source. #14341, EMERGENCY, eff 8-21-25; ss by #14503, eff 2-4-26, EXPIRES: 2-4-36

Lot 7207.06 Free Play and Other Player Incentives.

(a) Each account, card, or device used to track player history shall require at least a 4-digit personal identification number (PIN) for the use of promotional credits. If a player enters an invalid PIN, an EGD shall not allow more than 5 attempts to re-enter a PIN before deactivation of the account, card, or device.

(b) Any activity involving a card or device used to track player history shall be recorded and maintained in a casino management system maintained by the GOE. Read-only access to the system shall be made available to the commission upon request.

(1) Shall be issued in the form of:

a. A coupon pursuant to (e) below;

b. A player card; or

c. A promotional chip pursuant to Lot 7209.02(e) below;

(2) May be moved between EGDs or table games by way of electronic transfer or player card uploading; and

(3) Shall not be redeemed for cash.

(d) Each GOE shall file with the commission any promotions involving the use of free play prior to their use.

(e) Coupons shall contain the following specific information:

(1) An identification of the type of free play;

(2) The name of the game room;

(3) The value of the coupon;

(4) The expiration date, if applicable; and

(5) A resource on obtaining assistance with a gambling problem.

(f) In accordance with RSA 287-D:20, III, the cash value of free play shall be exempted from the revenue subject to charity allocation and payments to the state so long as the cash value of such promotions does not exceed 15 percent of the total revenue from each game type for the given month. GOEs may provide free play that exceed this allowance; however, the cash value of the free play more than the allowance shall be included in the accounting of GGR subject to charity and state allocations.

Source. #14341, EMERGENCY, eff 8-21-25; ss by #14503, eff 2-4-26, EXPIRES: 2-4-36

Lot 7207.07 Cash Reserve Requirements.

(a) The game operator shall maintain in cash or cash equivalents an amount sufficient to protect patrons, charitable organizations, and the state against defaults in gaming debts owed by the licensee.

(b) To comply with (a), the game operator shall:

(1) Determine the minimum bankroll required by completing the “Minimum Bankroll Analysis” form (2/2026);

(2) Conduct a minimum bankroll analysis prior to the initial opening of the game room and every month thereafter to determine whether a cash deficiency exists;

(3) Submit the results of a minimum bankroll analysis to the commission:

a. Prior to opening, each month for the first 3 months subsequent to opening and, if released from the monthly requirement by the commission, quarterly thereafter until the first anniversary of the opening;

b. Upon request by the commission;

c. Upon changes to the games being offered which materially affect the licensee’s cash requirements;

d. When the licensee’s cash position materially changes; and

e. Any time available cash or cash equivalent are less than the amount required by the minimum bankroll analysis;

(4) Immediately notify the commission and take immediate steps to cure any deficiencies at any time cash or cash equivalents are less than the required amount;

(5) Maintain evidence of the monthly computation and supporting documentation, and make such documentation available for inspection by the commission for 2 years following the applicable bankroll computation date; and

(6) When paying prizes by check, report to the commission any payment returned for non-sufficient funds within 24 hours of receiving actual notice that the check has not been honored.

(1) For the first month of operation, 100% of licensee's projected payout to patrons for a weekly period, defined as 7 gaming days, based on the average daily payout multiplied by 7; and

(2) For second and subsequent months of operation, 100% of licensee's actual payout to patrons for a weekly period, based on the average daily payout multiplied by 7 from the previous month's operation.

(d) Failure to maintain the minimum bankroll required by this section, or failure to notify the commission of any deficiencies, shall subject the licensee to penalties in accordance with Lot 7213 below.

Source. #14341 EMERGENCY, eff 8-21-25; ss by #14503, eff 2-4-26, EXPIRES: 2-4-36

Lot 7207.08 Payments to Patrons.

(a) Each GOE shall pay all prizes, payouts, tickets, and vouchers due to a patron upon presentation or request by the player during regular business hours, provided that the player supplies satisfactory documentation and forms in accordance with the GOE’s house rules and game and promotional procedures.

(b) Winning wagers shall be processed according to U.S. Internal Revenue Service reporting requirements for the purposes of taxation.

Source. #14503, eff 2-4-26, EXPIRES: 2-4-36

Lot 7207.09 Dispute Resolution.

(a) Each GOE shall establish written policies and procedures related to accepting, processing, and resolving patron disputes and complaints in an open, transparent, and fair manner.

(b) The policies and procedures developed in accordance with (a) above shall:

(1) Be made readily available to patrons;

(2) Allow any patron who is dissatisfied with any matter relating to the gaming operations to file a grievance with the game operator either orally or in writing; and

(3) Inform patrons of their requirement to bring their dispute to the GOE for resolution before reporting the issue to the commission.

(c) The GOE shall notify the patron of the disposition of grievances either orally or in writing within 30 days of the grievance being filed.

(d) When a dispute cannot be resolved to the satisfaction of the patron:

(1) The GOE shall immediately notify the commission when such disputes involve:

a. Alleged winnings or losses or the award or distribution of cash, prizes, or other items in a game regardless of whether the licensee is directly or indirectly involved in the dispute; or

b. The manner in which a game, tournament, or similar activity or event is conducted; and

(2) The patron may file a complaint with the commission in accordance with Lot 204.

(e) A patron shall exhaust the GOE’s grievance process prior to filing a complaint with the commission.

(f) The commission shall conduct all investigations and subsequent actions in accordance with Lot 200.

(g) The GOE shall provide the commission all reasonable reports and information required to evaluate the complaint.

(h) The decision of the commission on the disposition of a complaint shall be final, and not subject to appeal.

Source. #14341, EMERGENCY, eff 8-21-25; ss by #14503, eff 2-4-26, EXPIRES: 2-4-36 (formerly Lot 7207.08)

Lot 7207.10 Access to Premises and Production of Records.

(a) No applicant or licensee shall neglect or refuse to produce records or evidence or to give information upon proper and lawful demand by the commission or any agent of the commission, or shall otherwise interfere, or attempt to interfere, with any proper and lawful efforts by the commission, or any agent to produce such information.

(b) Each licensee shall immediately make available for inspection by the commission:

(1) All papers, books, and records produced relating to the gaming activities;

(2) All portions of the premises where gaming is conducted or where gambling devices or equipment are operated or stored; and

(3) Inquiry only access to gaming operation’s surveillance and casino management systems.

(c) The commission shall be given immediate and unfettered access to any portion of the premises of any gaming licensee for the purpose of inspecting or examining:

(1) Any records or documents required to be kept by such licensee under the provisions of this chapter; and

(2) Any gaming device or equipment or the conduct of any gaming activity to ensure proper working function and compliance with this chapter.

Source. #14341, EMERGENCY, eff 8-21-25; ss by #14503, eff 2-4-26, EXPIRES: 2-4-36 (formerly Lot 7207.09)

Lot 7207.11 Reports of Violations and Felony Convictions.

(a) Each licensee shall immediately notify the commission’s investigation and compliance division by telephone or via email, of:

(1) The discovery of any violation of RSA 287-D:26-31 pertaining to illegal gambling machines;

(2) The discovery of any suspected theft, larceny, embezzlement, or other crime involving property, if such crime has been committed against a licensee or patron of a licensee, or while on the premises of a licensee, by a licensed gaming employee, or any party to the license, regardless of whether such crime is a misdemeanor or felony; and

(3) Any suspected violation of any gaming law which the licensee has reported to the local police or sheriff.

Source. #14341, EMERGENCY, eff 8-21-25; ss by #14503, eff 2-4-26, EXPIRES: 2-4-36 (formerly Lot 7207.10)

PART Lot 7208 CHARITY OPERATED EVENTS

Lot 7208.01 Premises.

(a) In accordance with RSA 287-D:19, I, if a charitable organization operates its own GOC, such GOC shall be conducted within a facility that is:

(1) The charitable organization's primary meeting place; or

(2) Used by the charitable organization without payment or any compensation.

(b) In accordance with RSA 287-D:7, I, any person or entity other than a charitable organization or governmental subdivision with control of a facility, including by a written lease, at which GOC are held for 5 or more game dates per calendar year shall be licensed in accordance with Lot 7203.

(c) In addition to (a)-(b) above, no GOC shall be held in any building that has not been approved by the municipal governing body for public assembly, or as otherwise required by law.

(d) The premises where GOC, HHR, or VLT operations are conducted, or intended to be conducted, shall be open to inspection by the commission during the gaming operation’s normal business hours or as otherwise agreed to between the parties.

Source. #14341, EMERGENCY, eff 8-21-25; ss by #14503, eff 2-4-26, EXPIRES: 2-4-36

Lot 7208.02 Staffing Requirements.

(a) When a licensed charitable organization operates its own GOC in lieu of hiring a GOE:

(1) Only bona fide members that have been authorized by the commission may participate in the operation;

(2) The organization shall designate a bona fide member of the organization to be primarily responsible for the event; and

(3) No compensation shall be paid to bona fide members for their participation in the operation of an event.

(b) The member designated in accordance with (a)(2) above shall:

(1) Manage all operational activities of the event including:

a. Supervise and direct the individuals staffing the gaming event;

b. Monitoring for irregularities or signs of cheating;

c. Handling player concerns and complaints; and

d. Ensure that the operations comply with RSA 287-D and this chapter; and

(2) Be present on the premises continually during the event.

(c) The charitable 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 shall be a person other than the person designated as the member in charge pursuant to (a)(2) above.

(d) The charitable organization shall not permit an individual to participate in the operation of a GOC event unless the individual:

(1) Is a bona fide member of the organization or otherwise meets the requirements of RSA 287-D:14, III;

(2) Is 18 years of age or older;

(3) Has not leased the facility or sold or leased GOC paraphernalia or related equipment to a charitable organization for use during the event, as prohibited by RSA 287-D:14, VIII;

(4) Is not a compensated employee of a business that provides equipment and supplies to the charitable organization for the conduct of the event;

(5) Is not directly or indirectly connected with the manufacture, sale, or distribution of gaming equipment or supplies, or the agents, servants, or employees of such person;

(6) Has not been convicted of a felony within the previous 10 years, or a misdemeanor involving falsehood or dishonesty within the previous 5 years in this or any jurisdiction which has not been annulled by a court, or violated the statues or rules governing charitable gaming; and

(7) Has been found fit to be associated with charitable gaming by the commission.

(e) No person shall be compensated in any manner, directly or indirectly, for operating or assisting in the operation of a GOC. Compensation includes any commission, wage, salary, reward, reimbursements, recompense, donation, gift, or gratuity paid directly or indirectly to an individual.

(f) The charitable organization shall prohibit any individual who participates in the operation of an event to play any games offered at the event.

(g) When a charitable organization chooses to operate the GOC directly, all duties and responsibilities of the game operators and GOE fall to the charitable organization.

Source. #14341, EMERGENCY, eff 8-21-25; ss by #14503, eff 2-4-26, EXPIRES: 2-4-36

Lot 7208.03 Gaming Operations.

(a) When a charitable organization conducts its own GOC event, the organization shall comply with the operational requirements that would otherwise fall to the game operator.

(b) Equipment used in the conduct of a GOC event shall be:

(1) Owned or leased by the charitable organization. When leased, the rental fee shall be a sum certain and be commercially reasonable; and

(2) Maintained in good repair and sound working condition to ensure that each player is given an equal opportunity to win.

(c) In accordance with RSA 287-D:14, X, only the treasurer of the charitable organization or a bona fide member of the charitable organization designated by the treasurer shall handle any monetary transactions related to the charitable gaming event.

(d) Pursuant to RSA 287-D:14, XII(a), on game dates where the charitable organization operates the games:

(1) The charitable organization shall deposit cash and proceeds from the charitable gaming event into the account required under this chapter;

(2) All expenses, including equipment rentals, shall be paid by check from said account, and such costs shall not be more than is customary and reasonable for the goods or services provided; and

(3) All awarded prizes shall be documented as prescribed in this chapter.

(e) If participants of the charitable gaming event are required to pay an admission or entry fee to participate in the event, the admission fees paid by all such participants shall be included in the money or assets received from the GOC.

(f) The commingling of moneys derived from the conduct of GOC with any other funds of the charitable organization shall be strictly prohibited.

(g) The charitable organization shall submit a completed “GOC-VLT-HHR Monthly Financial Report” (2/2026) by the 15th day following the end of the month during which the event was held. Failure to file a report shall constitute sufficient grounds for refusal to renew a license to conduct future charitable gaming events.

Source. #14341, EMERGENCY, eff 8-21-25; ss by #14503, eff 2-4-26, EXPIRES: 2-4-36

PART Lot 7209 GAMING EQUIPMENT REQUIREMENTS.

Lot 7209.01 Utilization of Gaming Equipment.

(a) In accordance with RSA 287-D:19, III(a), if a charitable organization contracts for services from a GOE licensed under RSA 287-D:8, the GOE shall provide equipment and shall not charge the charitable organization for such equipment.

(b) In accordance with RSA 287-D:18, I and II, when a licensed charitable organization operates its own GOC, such games shall be conducted with equipment that is:

(1) Owned absolutely; or

(2) Used without payment or any compensation therefore by the charitable organization.

(c) No licensed charitable organization shall agree to or be required to purchase goods, services, or supplies in consideration of receiving the use of any equipment, goods, or supplies without charge.

(d) All equipment used in the conduct of a gaming event shall:

(1) Be maintained in good repair, and in sound working condition;

(2) Be used, played, and operated so that each player is given an equal opportunity to win;

(3) Not be used to regulate odds, pursuant to RSA 287-D:17, II;

(4) Not compromise the fairness or integrity of the game;

(5) Not otherwise be prohibited by the laws of New Hampshire; and

(6) Be subject to inspection by duly authorized law enforcement or lottery and gaming commission officials.

Source. #14341, EMERGENCY, eff 8-21-25; ss by #14503, eff 2-4-26, EXPIRES: 2-4-36

Lot 7209.02 Standards for Chips.

(a) Chips shall be designed, manufactured, and constructed in a manner that complies with all applicable federal and state regulations, prevents counterfeiting to the extent reasonably possible, and does not deceptively resemble any current or past coinage of the United States or any other nation.

(b) Chips shall:

(1) Be inscribed with the following information on each side:

a. The name of the issuing gaming establishment; and

b. With the exception of chips used exclusively at roulette, the value of the chip;

(2) Be inscribed with the following information on at least one side:

a. The city or town and state where the establishment is located unless:

1. The name of the issuing gaming establishment is unique to one readily identifiable establishment in all gaming jurisdictions; or

2. The inclusion of the city or other locality and the state is not necessary or beneficial for any regulatory purpose; and

b. The name, distinctive logo or other mark of the manufacturer; and

(3) Be designed so that, when stacked with chips of other denominations and viewed on closed-circuit, black-and-white television, the denomination of the chip can be distinguished from that of the other chips in the stack.

(c) A licensee that permanently removes from use or replaces chips at its gaming establishment, or that ceases operating its gaming establishment whether because of closure or sale of the establishment or any other reason, the licensee shall prepare a plan for redeeming discontinued chips that remain outstanding at the time of discontinuance.

(d) The plan required by (c) above shall:

(1) Provide for:

a. Redemption of outstanding, discontinued chips for at least 120 days after the removal or replacement of the chips or for at least 120 days after operations cease;

b. Redemption of the chips at the premises of the gaming establishment or at such other location as the commission may approve;

c. Conspicuous posting notifying the public of the discontinuance of the chips and of the redemption and the pertinent times at the gaming establishment; and

d. Destruction or such other disposition of the discontinued chips; and

(2) Be submitted in writing to the commission by the licensee no later than 30 days before the proposed removal, replacement, sale, or closure, unless the closure or other cause for discontinuance of the chips cannot reasonably be anticipated, in which event the licensee shall submit the plan as soon as reasonably practicable.

(e) Chips issued by the licensee for use in free play or tournaments at the licensee’s gaming establishment shall:

(1) Conspicuously bear the inscription “No Cash Value” on each side of the chip;

(2) Not be used in transactions other than the free play or tournaments for which they are issued; and

(3) Shall be exempt from the requirements of (a)-(d) above.

Source. #14341, EMERGENCY, eff 8-21-25; ss by #14503, eff 2-4-26, EXPIRES: 2-4-36

Lot 7209.03 Minimum Standards for EGDs.

(a) EGDs shall not utilize themes that:

(1) Are derived from or based on a product that is currently and primarily intended or marketed for use by persons under 18 years of age, or

(2) Depict a subject or material that:

a. Is obscene;

b. Offensively portrays people based on race, religion, national origin, gender, or sexual preference; or

c. Is otherwise contrary to applicable law or this chapter.

(b) The following shall apply to EGDs:

(1) The gaming outcome shall be determined by the predominant application of chance;

(2) EGDs shall display in an accurate and non-misleading manner:

a. The rules of play such that a player can reasonably understand how the game is played and won;

b. The amount required to wager on the game or series of games in a gaming session;

c. The amount to be paid on winning wagers;

d. The amount of the rake, if applicable;

e. Any monetary wagering limits for games representative of live gambling games;

f. The total amount wagered by the player; and

g. The game outcome;

(3) EGDs shall display a notice in a manner that is conspicuous to the player that states that a malfunction voids all pays;

(4) Once a game is initiated by a player, the rules of play, including the probability and award of a game outcome, shall not change;

(5) When the game or rules of play, including probability and award of a game outcome, change between games during a gaming session, notice of the change shall be prominently displayed to the player;

(6) All possible game outcomes shall be available upon the initiation of each play of a game upon which a player commits a wager on a gaming device;

(7) The function of the device shall not alter any functions based on the actual hold percentage; and

(8) EGDs shall satisfy the applicable technical standards pursuant to this part.

(1) Protect against electrostatic interference by being grounded so that static discharge energy does not permanently damage or inhibit the normal operation of the electronics or other components within the EGD;

(2) Have the capacity to recover and complete any interrupted wager without loss or corruption of any control or critical data information in the event that a temporary disruption of the normal operation of an EGD occurs as a result of an electrostatic discharge;

(3) Be tested to a maximum discharge severity level of 27 kV air discharge;

(4) Not be adversely affected, other than during resets, by surges or dips of up to 20 percent of the supply voltage, or be protected from such surges by an uninterrupted power supply;

(5) When designed such that a surge or dip of up to 20 percent of the supply voltage causes a reset, such a surge or dip does not result in damage to the equipment or loss or corruption of data, and upon reset, the game returns to its previous state or returns to a game completion state, provided the game history and all credit and accounting meters comprehend a completed game;

(6) Have an on/off switch that controls the electrical current installed in a readily accessible location within the interior of the EGD so that power cannot be disconnected from outside of the EGD using the on/off switch;

(7) Be designed so that power and data cables into and out of the EGD can be routed so that they are not accessible to the general public. Security-related wires and cables that are routed into a logic area shall be securely fastened within the interior of the EGD;

(8) Have an identification badge affixed to the exterior of the EGD by the EGD provider that is not removable without leaving evidence of tampering, and includes the following information:

a. The name of the EGD provider;

b. A unique serial number;

c. The EGD model number; and

d. The date of manufacture;

(9) Have an external tower light located conspicuously on the top of the EGD that automatically illuminates when a patron has won an amount that the EGD cannot automatically pay, or when an error condition has occurred;

(10) Be constructed of materials that are designed to allow only authorized access to the inside of the terminal. The EGD and its locks, doors, and associated hinges shall be capable of withstanding determined and unauthorized efforts to gain access to the inside of the EGD and shall be designed to leave evidence of tampering if such an entry is made;

(11) Have external doors that are locked and monitored by door access sensors, and when opened, the door access sensors:

a. Cause game wagering activity to cease;

b. Disable all currency acceptance;

c. Enter an error condition;

d. Illuminate the tower light at a minimum; and

e. Record the error condition;

(12) Have external doors designed so that it is not possible to insert a device into the EGD that will disable a “door open” sensor without leaving evidence of tampering when the door of the EGD is shut;

(13) Have a sensor system that provides notification that an external door is open when the door is moved from its fully closed and locked position, provided power is supplied to the device;

(14) Have one or more logic areas to house the following electronic components:

a. A central processing unit and any program storage device that contains software that may affect the integrity of wagers, including the game accounting, system communication, and peripheral firmware devices involved in or that significantly influence the operation and calculation of game play, game display, game result determination, or game accounting, revenue, or security;

b. Communication controller electronics and components housing the communication program storage device; and

c. The nonvolatile memory backup device, which if located in the logic area, is kept within a locked logic area; and

(15) If the EGD is accepting currency, have a currency storage area that:

a. Is separately keyed;

b. Fitted with sensors that indicate “door open/close” or “stacker receptacle removed”; and

c. Secured by 2 locks before the currency can be removed, which are located on the relevant outer door and on at least 1 other door.

(d) The GOE shall only utilize a casino management system that:

(1) Has been certified by an independent testing lab to meet all applicable GLI standards including GLI-11 and GLI 13;

(2) Accurately report accounting and event data;

(3) Supports real-time monitoring; and

(4) Ensures data integrity and security.

(e) Critical memory shall be used to store all data that is considered vital to the continued operation of an EGD, including configuration data, current credits, and the outcomes of recent plays.

(f) Critical memory storage shall be maintained by a methodology that enables errors to be identified, including signatures, checksums, partial checksums, multiple copies, timestamps, effective use of validity codes, or any combination of these methods.

(g) Comprehensive checks of critical memory shall be made following game initiation but prior to display of game outcome to the patron.

(h) An unrecoverable corruption of critical memory shall result in an error state which will:

(1) Not be automatically cleared;

(2) Cause the EGD to cease further functioning;

(3) Cause any communication external to the EGD to immediately cease; and

(4) Require restoration or clearing of software state by an authorized person.

(i) If critical memory is maintained in nonvolatile memory on the EGD and not by the server based system, then:

(1) The EGD shall have the ability to retain data for all critical memory pursuant to (e) above and be capable of maintaining the accuracy of the data for 30 days after power is discontinued from the terminal;

(2) For rechargeable battery types only, if the battery backup is used as an off-chip battery source, it shall recharge itself to its full potential in a maximum of 24 hours, and the shelf life of the battery shall be at least 5 years;

(3) Nonvolatile memory that uses an off-chip backup power source to retain its contents when the main power is switched off shall:

a. Have a detection system that will provide a method for software to interpret and act upon a low battery condition before the battery reaches a level where it is no longer capable of maintaining critical memory; and

b. Require access to the locked logic area or other secure method to clear nonvolatile memory; and

(4) Following the initiation of a nonvolatile memory reset procedure:

a. The game program shall execute a routine that initializes all bits in critical nonvolatile memory to the default state; and

b. All memory locations intended to be cleared as per the nonvolatile memory clear process shall be fully reset in all cases.

(j) The following shall apply to critical memory of a server-based game:

(1) Critical memory of a server-based game may be maintained by the server, terminal, or some combination thereof;

(2) The critical memory related to each wagering device shall:

a. Be kept independent of all other wagering devices so that, if corruption occurs in any single wagering device’s critical memory, no other wagering devices are affected by that corrupt memory state; and

b. Utilize unique identification, such as serial number or other unique wagering device hardware identifier, to clearly identify which physical wagering device the critical memory represents.

(k) All terminals shall be equipped with a device, mechanism, or method for retaining the value of the meter information specified in Lot 7209.07 in the event of a loss of power to the terminal. Storage and retrieval of the accounting meters from a server shall be an acceptable method of retrieval.

(l) Configuration setting changes shall not cause an obstruction to the meters.

(m) If the EGD is in a test, diagnostic, or demonstration mode, any test that incorporates credits entering or leaving the EGD shall be completed prior to resuming normal operation.

(n) There shall not be any mode other than normal wagering operation that debits or credits any of the electronic meters.

(o) Terminals shall not allow any information contained in a communication to or from the online monitoring system that is intended to be protected, including validation information, secure PINs, credentials, or secure seeds and keys, to be viewable through any display mechanism supported by the terminal.

(p) All program storage devices shall:

(1) Be housed within a fully enclosed and locked logic compartment;

(2) Validate themselves during each processor reset; and

(3) Validate themselves the first time they are used.

(q) Program storage devices that do not have the ability to be modified while installed in the EGD during normal operation shall be clearly marked with information to identify the software and revision level of the information stored in the devices.

(r) Terminals shall have the ability for an independent testing laboratory to perform an integrity check of all software that might affect the integrity of the game using a third-party verification tool.

(s) If a winning amount is in excess of the thresholds established in the Internal Revenue Service reporting requirements, the EGD shall cease operation and require attendant interaction to proceed.

(t) Terminals shall be capable of detecting and displaying the following errors:

(1) Open door conditions;

(2) Nonvolatile memory errors;

(3) Low nonvolatile memory battery for batteries external to the nonvolatile memory itself for low power source;

(4) Program error or authentication mismatch;

(5) Display device errors;

(6) The identification of an invalid bill or voucher; and

(7) Loss of communication to the totalizator system.

(u) To protect the integrity of the game, when a EGD error condition is detected, the EGD shall secure itself by:

(1) Ceasing play and requiring operator intervention prior to returning to normal play;

(2) Displaying an appropriate error message;

(3) Disabling bill and voucher acceptance;

(4) Sounding an alarm, illuminating the tower light, displaying the error on screen, or any combination thereof;

(5) Communicating the error condition to an online monitoring and control system; and

(6) If the EGD is powered down with an unresolved error condition, remaining in error mode unless power down is used as a part of the error reset procedure.

(v) Upon resolution of an error condition, an EGD may return to a wager completion state, provided the game history, wagering credits, and other meters display the completed wager properly.

(w) Terminals shall not be adversely affected by the simultaneous or sequential activation of various EGD inputs and outputs.

(x) Test, diagnostic, or demonstration modes on a EGD shall:

(1) Be entered only from an attendant following appropriate instructions;

(2) Not be accessible to a patron; and

(3) Be indicated on the EGD via an appropriate message.

(y) Upon exiting from test, diagnostic, or demonstration mode, an EGD shall return to its previous state.

(z) Video monitor touch screens on terminals shall:

(1) Be accurate to EGD provider specifications for touch point sensitivity;

(2) Be able to be calibrated without access to the EGD cabinet other than opening the main door, and once calibrated shall maintain accuracy for at least the video touch screen EGD provider’s recommended maintenance period; and

(3) Have no hidden or undocumented buttons or touch points anywhere on the screen that affect wagers or that impact the outcome of the game, except as provided by the game rules.

(aa) Paper currency acceptors used in an EGD shall:

(1) Be electronically based;

(2) Detect the entry of bills or vouchers inserted into the paper currency acceptor and provide a method to enable the EGD software to interpret and act appropriately upon a valid or invalid input;

(3) Be configured to ensure the acceptance of only valid bills or vouchers and reject all other items;

(4) Return to the patron all rejected bills or vouchers, and any other item inserted into the acceptor;

(5) Be constructed in a manner that protects against vandalism, abuse, or fraudulent activity;

(6) Register the actual monetary value or appropriate number of credits received for the denomination used on the patron’s credit meter for each valid bill or voucher;

(7) Register credits only when the bill or other note has passed the point where it is accepted or stacked and the acceptor has sent an “irrevocably stacked” message to the terminal;

(8) Be designed to prevent the use of fraudulent crediting, the insertion of foreign objects, and any other fraudulent technique;

(9) Implement a method of detecting counterfeit bills;

(10) Only accept bills or vouchers when the EGD is enabled for play;

(11) Have the capability to detect and display any supported error conditions;

(12) Communicate with the EGD using a bi-directional protocol;

(13) Be located in a locked area of the EGD that requires the opening of a locked door for access. The paper currency acceptor shall not be located in the logic area. Only the bill or voucher insertion area shall be accessible by the patron;

(14) Have a secure stacker that shall:

a. Deposit into the stacker all accepted items;

b. Be attached to the EGD in such a manner that it cannot be easily removed by physical force; and

c. Have a separate keyed lock to access the stacker area. The keyed lock shall be separate from the main door, and a separate keyed lock shall be required to remove the bills from the stacker; and

(15) Have a bill validator that shall:

a. Retain in its memory and have the ability to display the information required of the last 25 items accepted by the bill validator;

b. Have a recall log that may be combined or maintained separately by item type. If combined, the type of item accepted shall be recorded with the respective timestamp; and

c. Give proper credit or return the bill or note if power failure occurs during acceptance of a bill or note.

(ab) Available credit may be collected from the EGD by the patron at any time other than during:

(1) A game being wagered;

(2) Audit mode;

(3) Test mode;

(4) A credit meter or win meter increment; or

(5) An error condition.

(ac) Each EGD that accepts currency shall be equipped with a printer that:

(1) Is used to make payments to the patron by issuing a printed voucher;

(2) Prints only one copy to the patron and retains information on the last 25 printed vouchers;

(3) Is housed in a locked area of the EGD but shall not be located within the logic area or the drop box; and

(4) Allows control program software to interpret and act upon all error conditions.

(ad) The EGD shall transmit the following data to an online system that records the following information regarding each payout voucher printed:

(1) The value of credits in local monetary units in numerical form;

(2) The time of day the voucher was printed, showing hours and minutes;

(3) The date indicating the day, month, and year that the voucher was issued;

(4) The EGD number; and

(5) A unique voucher validation number.

(ae) Terminals shall be capable of displaying wager recall, which shall:

(1) Include the last 10 wagers on the terminal, including at least 50 intermediary steps within those wagers, including free spins and bonus games;

(2) Be retrievable on the EGD via an external key-switch or other secure method not available to the patron; and

(3) Provide all information required to fully reconstruct the wagers, including:

a. Initial credits or ending credits associated with the wager;

b. Credits wagered;

c. Credits won;

d. Entertaining game display symbol combinations and credits paid whether the outcome resulted in a win or a loss;

e. Representation in a graphical or text format;

f. Final wager outcome, including all patron choices and all bonus features; and

g. As an optional feature, display of values as currency in place of credits.

(af) Server-stored information shall be backed up no less often than once per day to one of the following locations approved by the commission based on industry standards for logical and physical security:

(1) An offsite storage facility; or

(2) Through a cloud service provider.

(ag) The server and offsite backup storage shall be accessible to the commission upon request at any time pursuant to Lot 7212.05(d) and subject to third-party checks and validation upon the commission’s request.

Source. #14341, EMERGENCY, eff 8-21-25; ss by #14503, eff 2-4-26, EXPIRES: 2-4-36 (formerly Lot 7209.03(a)-(h))

Lot 7209.04 MEAL Requirements.

(a) Each EGD shall have and each individual who gains entry to the device shall complete a MEAL.

(b) The MEAL shall document:

(1) The serial number or other unique ID of the device being entered;

(2) The identification of the individual who entered the device;

(3) The date and time of entry;

(4) The duration of entry;

(5) The reason for entry; and

(6) Activity while entered, including the specific areas accessed and changes made.

(c) Entries in the MEAL shall not be required when removing a stacker or drop box from gaming equipment during normal drop procedures.

(d) The game operator shall retain the MEAL for a period of 2 years from the date of the last entry and make it available to the commission upon request.

Source. #14503, eff 2-4-26, EXPIRES: 2-4-36

Lot 7209.05 VLT Machine Specific Requirements.

(a) Except as provided in (b) below, 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.

(b) VLTs tied to a wide-area progressive link shall have a minimum average daily aggregate payback of 80 percent.

Source. #14341, EMERGENCY, eff 8-21-25; ss by #14503, eff 2-4-26, EXPIRES: 2-4-36 (formerly Lot 7209.03(i) and (j))

Lot 7209.06 HHR Machine Specific Requirements. In addition to the requirements of Lot 7209.03 above, each HHR machine shall comply with the following requirements:

(a) The HHR machine shall use only race data from a pari-mutuel facility, within the United States or other regulatory jurisdictions recognized by the commission, licensed at the time the race was actually held;

(b) The HHR machine shall provide race information that is current as of the day the horse race was actually run;

(c) The HHR machine shall preclude the use of random elements to determine the outcome of a wager, other than the selection of a race or races from a database of races;

(d) The licensee shall ensure that all HHR wagers and payout calculations are pari-mutuel in nature;

(e) HHR wagers shall not include any interest of the licensee other than the authorized takeout and breakage retention;

(f) The HHR machine shall derive the outcome of any wager placed on it from the result of one or more historic horse races;

(g) All historic horse races shall be chosen at random from a database of actual, historic horse races having valid historic horse race results with details recorded at the same level as other races in the database, and include:

(1) Horse names;

(2) Race location;

(3) Race date;

(4) Jockey name or identifier;

(5) Race number; and

(6) Official order of finish;

(h) In the case where a random number generator is used to select the historic horse races for a wager, all possible races or sets of races in the database for the currently specified pari-mutuel wager shall be available for selection;

(i) All HHR machines shall:

(1) Clearly identify the entertaining game theme, if any, being used to offer pari-mutuel wagers on historic horse races;

(2) Make the following information available to the patron:

a. All paytable information, rules of play, and help screen information;

b. The award that will be paid to the patron when the patron obtains a specific win; and

c. The rules of any features or interactive functions that may occur as part of the entertaining display of the wager and its outcome;

(3) Display the race data in graphic or other discernible format, and in a reasonable manner as to not discourage patrons who wish to handicap from doing so; and

(4) Allows the patron to compare all of their picks against the true order of finish;

(j) Prior to the patron making their wager selections, the HHR machine shall:

(1) Make true and accurate past performance information available on each horse in each historic horse race; and

(2) Not display any information that would allow the patron to identify the historic race on which the patron is wagering, including:

a. The location of the race;

b. The date on which the race was run;

c. The names of the horses in the race; or

d. The names of the jockeys who rode the horses in the race;

(k) In addition to the requirement of (j)(2) above, the HHR machine may also display the wager and its outcome as part of an entertaining display or game, provided the wager functions according to the pari-mutuel wagering pool specifications provided by the HHR licensee to the commission;

(l) After the results of a patron’s wager are determined, the HHR machine shall display:

(1) The patron’s selections;

(2) The identity and official results of each race; and

(3) A replay or recreation of the race or races, or a portion thereof, whether by digital, animated, or graphical depiction or by way of a video recording;

(m) The video display required by (l)(3) above shall be of a size and quality that allows the player to view and determine the outcome of the horse race or races;

(n) Approximate odds or payouts for each wagering pool shall be posted or made available on each HHR machine for viewing by patrons at intervals of no more than 90 seconds;

(o) The display shall clearly indicate whether awards are designated in credits or currency;

(p) All HHR machines shall display or otherwise make the following information available to the patron at all times the machine is available for patron wager input:

(1) The patron’s current credit balance in currency or credits;

(2) The current bet amount;

(3) The amount won for the last completed game until the next game starts, or betting options are modified;

(4) The patron options selected for the last completed game until the next game starts, or a new selection is made; and

(5) An affixed disclaimer stating “Malfunction Voids All Pays” or some equivalent wording. This may be presented as a decal or sign on the HHR machine;

(q) The default game display upon machine reset shall not exclusively show false winning outcomes;

(r) Entertaining game features that simulate bonus or free games shall meet the following requirements:

(1) The initiation of a bonus or free game shall only be based on the result of the wager placed by the patron on the result of the historic horse race selected for the wager;

(2) The bonus or free game shall not require additional money to be wagered by the patron;

(3) The entertaining display shall make it clear to the patron that the patron is in bonus mode to avoid the possibility of the patron unknowingly leaving the HHR machine while in a bonus mode; and

(4) If the bonus or free game requires an input from the patron, the HHR machine shall provide a means to complete the bonus or free game from a touch screen or hard button;

(s) Electronic metering displays shall:

(1) At all times include all credits or cash available for the patron to wager or cash out unless the HHR machine is in an error or malfunction state. This information shall not be required when the patron is viewing a menu or help screen item;

(2) Reflect the value of every prize at the end of a wager and add it to the patron’s credit meter, except for handpays; and

(3) Show the cash value collected by the patron upon a cashout unless the HHR machine is in an error or malfunction state;

(t) A wager is complete when the final transfer to the patron’s credit meter takes place or when all credits wagered are lost; and

(u) HHR pools tied to a wide-area progressive link shall have a commission on such pools set at a rate of no greater than 20 percent.

Source. #14341, EMERGENCY, eff 8-21-25; ss by #14503, eff 2-4-26, EXPIRES: 2-4-36 (formerly Lot 7209.03(k))

Lot 7209.07 Accounting and Occurrence Meter Requirements.

(a) Accounting meters and related reporting for EGDs shall track and comply with the following:

(1) Coin in, which shall accumulate the total value of all wagers, whether the wagered amount results from the insertion of bills or vouchers or deduction from a credit meter;

(2) Coin out, which shall accumulate the total value of all amounts directly paid by the EGD as a result of winning wagers, whether the payback is made to a credit meter or any other means;

(3) Attendant paid jackpot, which shall accumulate the total value of credits paid by an attendant resulting from a single wager, the amount of which is not capable of being paid by the EGD itself;

(4) Attendant paid canceled credit, which shall accumulate the total value paid by an attendant resulting from a patron-initiated cash-out that exceeds the physical or configured capability of the EGD to make the proper payout amount;

(5) Bill in, which shall accumulate the total value of currency accepted. Each EGD shall have a specific occurrence meter for each denomination of currency accepted that records the number of bills accepted of each denomination;

(6) Voucher in, which shall accumulate the total value of all vouchers accepted by the device;

(7) Voucher out, which shall accumulate the total value of all vouchers issued by the device;

(8) Cashless account transfer in, or wagering account transfer (WAT) in , which accumulates the total value of cashable credits electronically transferred to the gaming device from a wagering account by means of an external connection between the device and a cashless wagering system;

(9) Cashless account transfer out, or WAT out, which shall accumulate the total value of cashable credits electronically transferred from the gaming device to a wagering account by means of an external connection between the device and a cashless wagering system;

(10) Non-cashable electronic promotion (NCEP) in , which shall accumulate the total value of non-cashable credits electronically transferred to the gaming device from a promotional account by means of an external connection between the device and a cashless wagering system from vouchers accepted by the EGD;

(11) Cashable electronic promotion (CEP) in , which shall accumulate the total value of cashable credits electronically transferred to the gaming device from a promotional account by means of an external connection between the device and cashless wagering system;

(12) Non-cashable electronic promotion (NCEP) out , which shall accumulate the total value of non-cashable credits electronically transferred from the gaming device to a promotional account by means of an external connection between the device and a cashless wagering system;

(13) Cashable electronic promotion (CEP) out , which shall accumulate the total value of cashable credits electronically transferred from the gaming device to a promotional account by means of an external connection between the device and a cashless wagering system;

(14) Coupon promotion in, which shall accumulate the total value of all gaming device promotional non-cashable coupons accepted by the device;

(15) Coupon cashable in, which shall accumulate the total value of all gaming device promotional cashable coupons accepted by the device; and

(16) Coupon promotion out, which shall accumulate the total value of all gaming device promotional non-cashable coupons issued by the device.

(b) Additional required occurrence meters shall be as follows:

(1) Cashable promotional credits wagered, which shall accumulate the total value of promotional cashable credits that are wagered. This shall include credits that are transferred to the machine electronically or through the acceptance of a coupon or voucher;

(2) Non-cashable promotional credits wagered, which shall accumulate the total value of promotional non-cashable credits that are wagered. This shall include credits that are transferred to the machine electronically or through the acceptance of a coupon or voucher;

(3) Games wagered, which shall accumulate the number of wagers placed; and

(4) Games won, which shall accumulate the number of wagers resulting in a win to the patron.

(d) Electronic accounting meters shall be maintained in credit units equal to the denomination or in dollars and cents.

(e) If the electronic accounting meter is maintained in dollars and cents, 8 digits shall be used for the dollar amount and 2 digits shall be used for the cents amount.

(f) Devices configured for multi-denomination wagers shall always display the units in dollars and cents.

(g) Any time the meter exceeds a value it is not capable of supporting, the meter shall roll over to zero.

(h) Occurrence meters shall be at least 8 digits in length but shall not be required to automatically roll over.

(i) Meters shall be identified so that they can be clearly understood in accordance with their function.

(j) Meters may be on the server instead of the EGD.

Source. #14341, EMERGENCY, eff 8-21-25; ss by #14503, eff 2-4-26, EXPIRES: 2-4-36 (formerly Lot 7209.03(l))

Lot 7209.08 Voucher Requirements.

(a) EGDs shall not dispense currency. Payment to patrons shall only be accomplished by means of a printed voucher.

(b) All vouchers shall contain the following printed information at a minimum:

(1) The licensee’s name and site identifier, which can be contained on the voucher stock itself;

(2) EGD number or cashier booth location;

(3) Date and time stated in a time format according to the local time zone;

(4) Alpha and numeric dollar amount;

(5) Voucher sequence number;

(6) Validation number;

(7) Bar code or any machine-readable code representing the validation number;

(8) Type of transaction or other method of differentiating voucher types. If the voucher is a non-cashable item, the voucher shall explicitly express that it has “no cash value”; and

(9) The expiration period from date of issue, or date and time the voucher will expire according to the local time zone. This information can be contained on the voucher stock itself.

(1) Payment on valid pari-mutuel vouchers, including vouchers where refunds are ordered, shall be made only upon presentation and surrender of valid pari-mutuel voucher to GOE; and

(2) All moneys collected during the previous year of pari-mutuel pool vouchers which have not been redeemed shall be paid to the state treasurer, and be subject to the requirements of RSA 284:31.

(d) A system shall be used to validate the payout voucher, and the voucher information on the central system shall be retained for 2 calendar years after a voucher is valid at that location.

(e) Payment by voucher as a method of credit redemption shall only be permissible when the EGD is linked to a computerized voucher validation system, which is able to identify a duplicate voucher to prevent fraud.

(f) Validation numbers shall be masked when viewable through any display supported by the EGD such that the entirety of the validation number is not visible.

(g) Vouchers may be inserted in any EGD participating in the validation system providing that no credits are issued to the EGD prior to confirmation of voucher validity.

(h) The offline voucher redemption may be validated as an internal control process. A manual handpay may be conducted for the offline voucher value.

(i) All prizes, and vouchers shall be paid upon presentation or request by the player during regular business hours.

(j) The GOE shall maintain an electronic record of all outstanding vouchers for a period of at least 2 years.

Source. #14503, eff 2-4-26, EXPIRES: 2-4-36

Lot 7209.09 EGD Approvals.

(a) In addition to the requirements of Lot 7209.03 above, all EGDs, software, and associated equipment used in the conduct of a gaming event shall be tested by an independent gaming laboratory recognized by the commission, and found to be in compliance with the following Gaming Laboratories International (GLI) technical specifications, available as noted in Appendix B, as applicable:

(1) GLI -11 version 3.0, titled “Gaming Devices”;

(2) GLI-12 version 2.1, titled “Progressive Gaming Devices in Casinos”;

(3) GLI-13 version 3.0, titled “Standards for Monitoring and Control Systems and Validation Systems”;

(4) GLI-16 version 3.0, titled “Standards for Cashless Systems and Technologies”;

(5) GLI-18 version 2.1, titled “Promotional Systems in Casinos”;

(6) GLI-20 version 2.0, titled “Standards for Kiosks”;

(7) GLI-21 version 2.2, titled “Client-Server Systems”;

(8) GLI-24 version 1.3, titled “Electronic Table Game Systems”;

(9) GLI-25 version 1.2, titled “Dealer Controlled Electronic Table Games”;

(10) GLI-26 version 2.0, titled “Wireless Systems Standards”;

(11) GLI-28 version 1.0, titled “Player User Interface Systems”; and

(12) GLI-29 version 1.0, titled “Card Shufflers and Dealer Shoes.”

(b) A game operator shall not permit the installation or use of an EGD, software, or associated equipment unless it has been authorized for use by the commission pursuant to (c) below and is installed in accordance with the terms of that approval.

(1) Submit the following documents to the commission:

a. A written request for authorization summarizing the gaming features of the device, and demonstrates the device’s compliance with RSA 287-D, RSA 287-J, RSA 284:22-b, and this chapter;

b. Results of tests conducted by an independent gaming laboratory recognized in accordance with (g) below that confirm that the device complies with the requirements of (a) above; and

c. If requested by the commission:

1. A demonstration of the device;

2. A copy of the probability and accounting report (PAR); and

3. A complete, comprehensive, and technically accurate description and explanation in both technical and lay language of the way the EGD, software, or associated equipment operates and complies with all applicable statutes, regulations, and technical standards, signed under penalty of perjury;

d. A copy of all graphical images displayed on the gaming device including, but not limited to, reel strips, rules, instructions, and paytables;

e. For HHR machines:

1. The method by which seed pools will be used to ensure that sufficient funds exist at all times to pay winning wagers;

2. Available wagering denominations;

3. Minimum and maximum wager amounts, as applicable;

4. The amount of takeout for each wager; and

f. Any other information required by the commission to assess compliance with this chapter.

(d) The GOE shall be solely responsible for coordinating with the manufacturer of the EGD, software, or associated equipment, as necessary, to obtain the documentation described in (c) above.

(e) The commission shall allow the use of an EGD, software, or associated equipment when:

(1) The GOE has provided all of the information required by (c) above to adequately assess the device; and

(2) The device is found to comply with applicable laws and this chapter.

(f) Only the specific gaming device, software, or associated equipment as submitted, reviewed, and found to be in compliance pursuant to this section shall be authorized for use. Any modification to a device, software, or associated equipment shall require a separate request and review.

(g) The commission shall recognize the following independent gaming laboratories:

(1) Gaming Laboratories International (GLI);

(2) Eclipse Compliance Testing;

(3) BMM Test Labs; and

(4) Any independent gaming laboratory that can demonstrate competency and qualifications to conduct scientific test and evaluations of gaming systems in accordance with (h) below.

(h) An independent gaming laboratory seeking recognition shall provide the following to the commission:

(1) A sample of approval and certification documentation using software verification or hardware verifications;

(2) Proof of having tested other EGDs and related systems; and

(3) Proof of possessing electronic verification equipment or software.

(i) If at any time the GOE or the device manufacturer becomes aware that an EGD approved by the commission no longer complies with RSA 287-D, RSA 287-J, RSA 284:22-b, or this chapter, the GOE or device manufacturer shall notify the commission in writing within 3 business days.

(j) The GOE shall permit the commission or its authorized vendor to conduct periodic and regular software verification and communication testing of its EGDs and related systems. The licensee shall be responsible for all costs associated with these services.

Source. #14341, EMERGENCY, eff 8-21-25; ss by #14503, eff 2-4-26, EXPIRES: 2-4-36 (formerly Lot 7209.04)

Lot 7209.10 Progressive Live Table Games and EGDs.

(a) The following definitions for live table games shall apply to this section:

(1) “Base amount” means the amount of the progressive jackpot initially offered before it increases;

(2) “Incremental amount” means the difference between the amount of a progressive jackpot and its base amount; and

(3) “Progressive jackpot” means a table game payoff that increases over time solely as a function of the wagers played on the progressive game at a table game or group of table games.

(b) Each live progressive table game or EGD shall have:

(1) A progressive meter visible to players which shall increase in value based upon wagers to advise the players of the amount which can be won if the player receives the corresponding outcome;

(2) A meter that accumulates the total value of credits paid because of progressive awards paid directly by an EDG or used with a live table game;

(3) A meter that accumulates the total value of credits paid because of progressive awards paid directly by an attendant;

(4) A cumulative progressive payout meter that continuously and automatically records the total value of progressive jackpots paid directly by the dealer of a live table game or an attendant of an EGD;

(5) A key and keyed switch to reset the progressive meter or meters or other reset mechanism; and

(6) A key locking the compartment housing the progressive meter or meters or other means by which to preclude unauthorized alterations to the progressive meters. The key or alternative security method shall be different than the key or reset mechanism in (5) above.

(c) A live table game or EGD that offers a progressive jackpot shall not be made available for play by the public until the licensed GOE has submitted the following for review and the commission has found that the game complies with this chapter:

(1) The initial and reset amounts at which the progressive meter or meters will be set;

(2) The proposed system for controlling the keys and applicable logical access controls to the

table games;

(3) The proposed rate of progression for each progressive jackpot; and

(4) The proposed incrementation rate for a reserve pool, if any, to fund the next reset amount.

(d) A live table game or EGD that offers either a new progressive jackpot or a modification of an existing progressive jackpot may not be made available for play by the public until the table game has been tested by an independent laboratory in accordance with Lot 7209.09(a), as applicable.

(e) A licensee shall not reset or reduce the amount displayed on a progressive jackpot meter or otherwise reduce or eliminate a progressive jackpot unless:

(1) The amount indicated has been paid to a winning patron and the amount won has been documented;

(2) The licensee adjusts the progressive jackpot meter to correct a malfunction and the licensee documents the adjustment and the reasons for it;

(3) The gaming operations at the establishment cease for any reason other than a temporary closure where the same licensee resumes gaming operations at the same establishment within a month;

(4) The licensee distributes the incremental amount to another table game progressive jackpot and:

a. Notifies the commission at least 5 days before the transfer occurs;

b. The licensee documents the distribution;

c. Any live table game offering the jackpot to which the licensee distributes the incremental amount does not require that more money be played on a single play to win the jackpot than the table game from which the incremental amount is distributed; and

d. The distribution is completed within 15 days after the progressive jackpot is removed from play; or

(5) The commission for good cause approves in writing a reduction, elimination, distribution, or procedure not otherwise described in this section.

(f) A licensee that offers progressive jackpots:

(1) May not place a limit or cap on the progressive jackpot amount;

(2) Shall require that on any table with a linked progressive, the same progressive wager amount be invested to entitle the player a chance at winning the progressive jackpot;

(3) Shall submit internal controls in accordance with Lot 7206.05 specifying how the licensee will reconcile simultaneous or multiple progressive meter wins from the same progressive meter; and

(4) May not remove or modify a progressive jackpot from the gaming floor without written approval from the commission.

(g) Progressive games shall not be used across multiple live table games unless:

(1) The progressive monitoring system separately and accurately accounts for the total number of progressive wagers for each table game and all games offered for play contribute to the progressive jackpot;

(2) The odds of attaining the winning combination are the same for each game; and

(3) Each game requires the same wager amount to win the progressive jackpot.

(h) Licensees shall preserve the records required by this part for at least 2 years after they are made. The records shall be stored in a location accessible to the commission.

(i) During the normal mode of progressive live table games, the progressive controller, or other approved device, shall continuously monitor each table gaming position on the link for the progressive amounts wagered and multiply the accepted amounts by the rate of progression in order to determine the correct amounts to apply to the progressive jackpot.

(j) The progressive display shall be constantly updated as play on the link is continued.

(k) The calculated probability of winning each progressive jackpot shall not exceed one in fifty million (1:50,000,000).

(l) The storage medium that contains the progressive controller program shall have a unique signature that allows program verification by an agent of the commission.

(m) Normal operation of progressive gaming devices notwithstanding, communication to a progressive controller shall be permitted only by authorized personnel through access to the controller's secured location and who documents such access and the purpose therefore on the progressive entry authorization log.

(n) Each type of progressive game shall have a unique key used to reset the progressive meter(s).

Source. #14341, EMERGENCY, eff 8-21-25; ss by #14503, eff 2-4-26, EXPIRES: 2-4-36 (formerly Lot 7209.05)

Lot 7209.11 Technical Requirements for EGDs.

(a) The GOE shall only offer EGDs that transmit or track financial data using a game services protocol, such as the Slot Accounting System (SAS) and progressive systems, which, when communicating from machine to machine, may use any generally accepted communication protocol certified by an independent testing laboratory.

(b) The GOE shall provide the commission read-only access to the game room’s system for tracking financial data for EGDs.

Source. #14341, EMERGENCY, eff 8-21-25; ss by #14503, eff 2-4-26, EXPIRES: 2-4-36 (formerly Lot 7209.06)

Lot 7209.12 Transportation of EGDs.

(a) The EGD or table game distributor shall notify the commission of a pending shipment at least 5 days prior to shipment or transport of EGDs or table games into New Hampshire. Transporting or shipping into New Hampshire means the starting point is outside the state and terminates in the state.

(b) The notification required by (a) above shall include the following information:

(1) The full name, and address of the distributor shipping the EGDs or table games;

(2) The method of shipment and the name of the carrier;

(3) The full name, address, and license number of the game room receiving the EGDs or table games and the destination of said devices or games, if different from the address;

(4) The total number of EGDs in the shipment;

(5) The model and serial numbers of each EGD in the shipment; and

(6) The expected arrival date of the EGDs at their respective destination within New Hampshire.

(c) All shipments shall be secured at the point of origin in a manner that prevents and detects tampering, such as using shipping seals that, when broken, indicate a door or container has been opened.

(d) If, upon delivery, the game room discovers that shipping seals have been broken, removed, or show signs of tampering, the GOE shall immediately notify the commission and either:

(1) Agree to have the EGDs retested by an independent testing laboratory; or

(2) Refuse the shipment and return the entire shipment to the originating shipment location.

(e) Prior notification shall not be required for repairs or shipments of in-kind repair parts, whether software or non-software related.

Source. #14341, EMERGENCY, eff 8-21-25; ss by #14503, eff 2-4-26, EXPIRES: 2-4-36 (formerly Lot 7209.07)

Lot 7209.13 Conversions, Installations, and Movements of EGDs.

(a) No EGD shall be installed or operated in a gaming establishment, nor shall a previously approved EGD be modified or moved from a previously approved location, unless the GOE first submits a request for approval to the commission and such request is approved.

(b) For purposes of this chapter, a “conversion” means a change, modification, or alteration to an EGD’s software or hardware previously approved by the commission for installation or operation in New Hampshire. Such changes shall include a change to control programs, a change to the theoretical payout percentage, a change of denomination, or a change to the hash signature.

(c) The GOE shall submit a written request for approval of all game conversions, installations, and movements to the commission at least 15 days prior to the proposed implementation date.

(d) The request required by (a) above shall include:

(1) A completed “Game Room Modification Form” (2/2026);

(2) An updated “Terminal List” form (2/2026), which shall include any changes to existing asset’s designated asset numbers if necessitated by the proposed change;

(3) An updated floor plan that includes the information required by Lot 7206.08, if applicable;

(4) Reports from an independent gaming laboratory demonstrating the EGD’s compliance with applicable law and this chapter, if applicable; and

(5) An updated money route.

(e) In addition to (d) above, when an EGD includes the ability to accept currency, coupons, or vouchers, the GOE shall perform and record bill, coin, coupon, and voucher testing on each device to ensure the proper recording, reporting, and transmission of all data related to:

(1) The date of the testing was conducted;

(2) The name and license number of the person(s) conducting the testing;

(3) The asset number of the EGD being tested;

(4) Whether the EGD being tested is:

a. An EGT, a VLT or an HHR; and

b. A newly installed, converted, or relocated device;

(5) Cash-in by denomination using:

a. A minimum of $186 for newly installed EGDs; and

b. A minimum of $36 for testing converted or relocated EGDs;

(6) Voucher-in and voucher-out amount;

(7) Free play-in and free play-out amount;

(8) Amounts wagered;

(9) Prizes won;

(10) Financial information necessary for tax collection, revenue distributions, and auditing, including:

a. For ETGs and VLTs, the amount and percent of the hold; and

b. For HHR machines, the amount and percentage of the take-out; and

(11) The last 4 digits of the SHA-1 code applied to the gaming system at the time of testing.

(f) EGDs shall be tested to confirm the accuracy and functionality of software, interface with the back-office system, or accounting software utilized by the GOE, and reconciliation with the totalizator system, in the case of HHR machines.

(g) Upon completing the testing required by (e) and (f) above, the GOE shall submit the following to the commission for review:

(1) Documentation of the testing results; and

(2) A completed “System and Terminal Testing Attestation” form (2/2026) which shall include a certification affirming that the system and terminals were accurately tested, successfully completed and all requirements set forth in this part have been met.

(h) The commission may request a re-test or follow up reports if it is unable to verify the testing results reported by the GOE in the submitted reports.

(i) Pursuant to Lot 7213.02(g)(5), knowingly or willfully submitting a document containing a false attestation concerning the accuracy of machine testing shall be deemed a moderate violation, subjecting the GOE to the imposition of fines and penalties in accordance with Lot 7213.

Source. #14341, EMERGENCY, eff 8-21-25; ss by #14503, eff 2-4-26, EXPIRES: 2-4-36 (formerly Lot 7209.08)

Lot 7209.14 Discontinuation of a Progressive Jackpot Game or HHR Pool. The following shall apply to the discontinuation of any game associated with a progressive jackpot or parimutuel pool:

(a) The accumulated funds shall be considered a patron obligation. Under no circumstances shall the GOE retain these funds as profit;

(b) The GOE shall submit a written notice to the commission at least 15 days prior to the planned discontinuation of any progressive jackpot game or parimutuel pool;

(1) The name and type of game being discontinued;

(2) The current amount of the progressive jackpot or parimutuel pool;

(3) The proposed method for distributing or allocating of the funds;

(4) The reason for the discontinuation; and

(5) The proposed final date of operation;

(d) Permissible methods of distribution of a progressive jackpot shall include:

(1) Transferring the jackpot funds to another approved progressive game similar in nature to the discontinued game;

(2) Conducting a promotional giveaway or tournament to award the funds that is targeted to the same class of players that contributed funds to the jackpot; and

(3) Distributing the funds via direct payouts to qualified players;

(e) The commission may request additional information or impose conditions to ensure compliance with applicable laws and player protections;

(f) When an HHR pool is closed, subject to the commission’s approval, the GOE shall only utilize the funds remaining in the pool to seed EGD progressive games;

(g) For wide-area progressives, the GOE shall coordinate with participating game rooms to ensure continuity or proper redistribution of funds;

(h) At least 10 days prior to discontinuation of a progressive jackpot game, the GOE shall clearly and conspicuously post public notices in the gaming area and on its website to inform patrons of the discontinuation of the game and the method by which the jackpot funds will be awarded;

(i) The GOE shall not proceed with the discontinuation of a progressive jackpot game or parimutuel pool without commission approval;

(j) The commission shall grant approval of a discontinuation plan when the proposed plan:

(1) Ensures transparency and maintains the integrity of gaming operations;

(2) Is fair and protects player interests, and

(3) Complies with RSA 287-D and this chapter; and

(k) The GOE shall maintain records of progressive jackpot and parimutuel pool final disposition and payout verification documentation.

Source. #14503, eff 2-4-26, EXPIRES: 2-4-36

PART Lot 7210 SURVEILLANCE SYSTEMS REQUIREMENTS

Lot 7210.01 Categories of Licensees.

(a) For purposes of this part, licensees shall be categorized based on annual GGR during the preceding calendar year as follows:

(1) Category A refers to gaming operations with an annual GGR of $25 million or more;

(2) Category B refers to gaming operations with an annual GGR of more than $10 million, but less than $25 million; and

(3) Category C refers to gaming operations with annual GGR of $10 million or less.

(b) The annual GGR shall be determined as follows:

(1) For game rooms that operated for a full year during the preceding calendar year, annual GGR shall be the actual GGR of the preceding calendar year;

(2) For game rooms that did not operate for a full year during the preceding calendar year, the partial year’s revenue shall be projected over the course of a full year to determine the appropriate license category; and

(3) For new game rooms that have not begun operation, annual GGR shall be based on the activity of similar game rooms based on size and location.

Source. #14341, EMERGENCY, eff 8-21-25; ss by #14503, eff 2-4-26, EXPIRES: 2-4-36

Lot 7210.02 Surveillance System Plan.

(a) Gaming operations shall not commence without a written surveillance plan included as an addendum to the game operator’s system of internal controls.

(b) The surveillance plan shall address, at a minimum, the following elements:

(1) A detailed description of the surveillance system and all equipment utilized by the system;

(2) A blueprint, diagram, or floor plan that shows all areas to be monitored and the placement of surveillance equipment in relation to the activities being observed;

(3) The policies and procedures utilized for the operation of the surveillance system, which include how access to the surveillance room will be limited;

(4) A training and qualifications program demonstrating that surveillance operations personnel are trained to recognize abnormalities and violations in procedures, including documentation of on-going training;

(5) A list of individuals or positions authorized to access the secure location or surveillance room;

(6) A preventive maintenance program, which ensures that the entire surveillance system is maintained in proper working order, and that transparent covers over surveillance system cameras are cleaned in accordance with a routine maintenance schedule;

(7) The contingency plan that will be utilized to safeguard assets and ensure gaming integrity in the event of a power failure or camera malfunction;

(8) A written procedure for the storage and identification of all video or digital recordings the game operator is required to retain; and

(9) To the extent a GOE is authorized to utilize a central surveillance system pursuant to Lot 7210.03(aa), a diagram, floor plan, or similar documentation describing the connection between the game room and the central surveillance location.

(c) The GOE shall not move or change any portion of the surveillance plan including moving surveillance cameras after initial inspection by the commission without prior approval of the commission via a written request submitted in accordance with (d) below.

(d) At least 10 days prior to making any change to any portion of their surveillance system plan, the GOE shall provide written notification to the commission that includes:

(1) A description of the changes being made;

(2) When the change will take effect;

(3) How the change will affect the surveillance system as a whole; and

(4) A revised floor plan showing the proposed camera locations.

Source. #14341, EMERGENCY, eff 8-21-25; ss by #14503, eff 2-4-26, EXPIRES: 2-4-36

Lot 7210.03 Surveillance System Standards.

(a) The surveillance system shall be maintained and operated from:

(1) A surveillance room for all category A licensees; and

(2) A secure location for all category B and C licensees.

(b) For the purposes of this section:

(1) A “surveillance room” means a secure room(s) within the licensed gaming establishment used primarily for the surveillance of the gaming area; and

(2) A “secure location” means an area within the licensed gaming establishment, such as a closet, where surveillance equipment is housed and operated.

(c) The entrance to the surveillance room or secured location shall be located so that it is not readily accessible by either game room employees who work primarily on the game room floor or the general public, and whenever possible, the entrance shall be located so as not to be visible from the game floor.

(d) Access to the surveillance room or secure location shall be limited to individuals who are:

(1) Licensed in accordance with RSA 287-D, and authorized to have access in accordance with the policies set forth in the game room’s surveillance system plan;

(2) An agent of the commission; or

(3) Accompanied by an individual authorized in accordance with (1) above.

(e) Any agent of the commission shall be provided with immediate access to the surveillance room or secure location upon request and presentation of proper identification.

(f) The GOE shall maintain a sign-in log and require any individuals who enter the surveillance room or secure location, other than authorized personnel, to sign the log.

(g) The sign-in log required by (f) above shall be maintained in a bound book with numbered pages that cannot be readily removed, and include a minimum of the following:

(1) The date and time of entry;

(2) The entering person's name, and department or affiliation;

(3) The reason for entering the surveillance room or secure location;

(4) The name of the person authorizing the person's entry into the surveillance room or secure location; and

(5) The date and time of exiting.

(h) The GOE shall ensure that surveillance staff are trained in the use of the equipment, knowledge of the games, and house rules to identify unusual activities or behaviors and prevent theft.

(i) Except as allowed by (j) below, for all category A game rooms, the surveillance room shall be attended at all times by personnel trained in the use of the equipment, and knowledgeable of the games and house rules.

(j) Surveillance department employees assigned to monitor activities shall be independent of all other departments.

(k) When necessary, the surveillance room may be unattended for periods of time not to exceed one hour in any 8-hour period to allow for meal and rest breaks.

(l) For all category B and C game rooms, there shall be at least one person on the property at all times with a working knowledge and the ability to operate the surveillance equipment, and who can provide immediate access to the secured location to commission agents.

(m) The surveillance system shall:

(1) Include sufficient numbers of monitors and recording devices to simultaneously display and record multiple gaming and count room activities;

(2) Have digital recording units with real time and date insertion capabilities for recording what is being viewed by any camera in the system. The displayed date and time shall not significantly obstruct the recorded view;

(3) Record to a quality of 4 times common intermediate format (4CIF) or greater and be capable of observing and recording at no less than 30 frames or images per second to ensure that all movements are discernible upon review of recorded activity;

(4) In all areas where gaming and gaming-related activities occur, currency is stored or exchanged, and computers that support gaming or currency activities or gaming devices or software are stored, record at 30 frames or images per second or greater in light-sensitives cameras with zoom, scan, and tilt capabilities to effectively and clandestinely monitor in detail and from various vantage points. In all other areas, the system may utilize less than 30 frames per second, but no less than 15 frames per second;

(5) Not include the use of multiplexing and quad recording devices for required surveillance; and

(6) Monitor and record with sufficient clarity to identify employees and customers in all areas where games are played and currency is counted, verified, sorted, stacked, or stored, including monitoring and recording all table game drop boxes, safes, and counting surfaces, and all cashier personnel.

(n) Each video camera shall:

(1) Be installed in a manner that will prevent it from being readily obstructed, tampered with, or disabled by patrons or employees. No employee shall intentionally obstruct surveillance system equipment; and

(2) Possess the capability of having its picture displayed on a video monitor and recorded.

(o) The surveillance system shall include enough monitors and recorders to simultaneously display and record multiple gaming and count room activities and record the views of all dedicated cameras and motion activated dedicated cameras.

(p) Where a pan-tilt-zoom (PTZ) camera is used to observe gaming and gaming-related activities, the camera shall be placed behind a smoked dome, one-way mirror, or similar materials that conceal the camera from view.

(q) Continuous lighting that is of sufficient quality to produce clear recordings and still picture reproductions shall be required in all areas where camera coverage is required.

(r) For all category A game rooms, surveillance room equipment shall have total override capability over all other satellite surveillance equipment located outside the surveillance room.

(s) The GOE shall immediately notify the commission in writing of any such camera(s) that has malfunctioned for more than 24-hours.

(t) The GOE shall make a reasonable effort to repair each malfunction of surveillance system equipment required by these standards within 72-hours after the malfunction is discovered.

(u) In the event of a dedicated camera malfunction, the GOE shall, upon identification of the malfunction, provide alternative camera coverage or other security measures, such as additional supervisory or security personnel, to protect the subject activity. If other security measures are taken, the GOE shall immediately contact the commission who will determine whether the other security measures are adequate to ensure the security of assets, and preserve the integrity of the games.

(v) The GOE shall maintain a malfunction and repair log that documents each malfunction and repair of the surveillance system and retain the log for a minimum of 2 years after the date of the last entry in it.

(w) The malfunction and repair log shall include a minimum of the following:

(1) The time, date, and nature of each malfunction;

(2) The efforts expended to repair the malfunction and the date of each effort;

(3) The reasons for any delays in repairing the malfunction;

(4) The date the malfunction is repaired;

(5) Where applicable, any alternative security measures that were taken while the system was being repaired; and

(6) Reference, by date and time, any communication with the commission concerning any malfunction or corrective action.

(x) In the event of a power loss to the surveillance system, the GOE shall utilize a contingency plan that consists of, at a minimum, the following:

(1) All category A game rooms shall have an auxiliary or backup power source available and capable of providing immediate restoration of power to all elements of the surveillance system that enable surveillance personnel to observe the table games remaining open for play and all areas covered by dedicated cameras. Auxiliary or backup power sources such as an uninterrupted power supply (UPS) system, backup generator, or an alternate utility supplier, shall satisfy this requirement; and

(2) All category B and C game rooms shall implement alternative security measures in lieu of an auxiliary or back-up power source.

(y) Alternative measures allowed by (x)(2) above may include additional supervisory or security personnel, to protect the subject activity. If other security measures are taken, the GOE shall immediately contact the commission who will determine whether the other security measures are adequate to ensure the security of assets, and preserve the integrity of the games.

(z) The GOE shall establish and maintain a surveillance system so that a failure of any part or component will not result in the cessation of more than 50 percent of the surveillance coverage of the gaming area.

(aa) A GOE with more than one game room may request authorization to operate surveillance for multiple facilities from a centralized surveillance location. The surveillance for each individual game room reporting to the centralized surveillance location shall conform with all requirements set forth in this part for a surveillance room.

(bb) A GOE authorized to employ a centralized surveillance system for more than one game room shall ensure that live and archived surveillance footage is accessible at each game room utilizing the centralized surveillance system and available for inspection by the commission upon request.

Source. #14341, EMERGENCY, eff 8-21-25; ss by #14503, eff 2-4-26, EXPIRES: 2-4-36

Lot 7210.04 Digital or Video Recording Standards.

(a) All monitoring through surveillance cameras shall be recorded whenever the gaming room is open for play.

(b) The surveillance system shall record all transmissions from cameras used to observe the following locations, persons, or transactions:

(1) All gaming tables and EGDs, whether active or inactive;

(2) Each transaction conducted at a cashiering location;

(3) Main bank areas where gross revenue functions are performed;

(4) The execution of fills and credits at the chip bank;

(5) The collection of drop boxes, cash storage boxes, and the count of the contents therein;

(6) The inspection and distribution to gaming pits of cards, dice, and tiles;

(7) The retrieval of cards, dice, and tiles from gaming pits at the end of the gaming day and their delivery to the location designated for inspection, cancellation, destruction or, if applicable, reuse;

(8) Each transaction conducted at an automated bill breaker, voucher or coupon redemption, and jackpot payout machine, as well as each replenishment or other servicing of any such machines;

(9) The entrances and exits to the game room, count rooms, and all locations where critical hardware and software is housed; and

(10) To the extent a GOE is authorized to produce and issue badges pursuant to Lot 7203.11, any equipment utilized to make such badges.

(c) The path that any cash and cash equivalent is transported to or from the game floor to any area where it is counted, sorted, or stored shall be under continuous surveillance.

(d) Recording media, which shall be replaced immediately upon the manifestation of any significant degradation in the quality of the images or sound, if applicable, recorded thereon, provided, however, where videotape is utilized, it shall be used for no more than one year.

(e) The digital or video surveillance system shall include, at a minimum, the following:

(1) Light sensitive cameras, with lenses of sufficient magnification to allow the operator to read information on gaming chips, dice, tiles, symbols, and credit meters on EGDs, and employee credentials, and with 360 degree pan, tile, and zoom capabilities without camera stops to effectively and clandestinely monitor in detail and from vantage points the following:

a. The gaming conducted at each gaming table, and the activities in the pit area;

b. The gaming conducted at the ETG terminals;

c. The operations conducted at and in the cashiers' cage, and each office ancillary thereto;

d. The operations conducted at automated coupon redemption kiosks;

e. The count processes conducted in the count rooms;

f. The movement and storage of cash, gaming chips, and plaques, drop boxes, bill validator boxes, and the cash storage boxes, drop boxes, and drop buckets associated with VLTs, HHR, and other EGDs;

g. The entrances and exits to the game room, the count rooms, and all locations where critical hardware and software is housed; and

h. The operation of automated jackpot payout machines, gaming voucher redemption machines, gaming voucher systems, and cashless systems;

(2) Be of sufficient clarity to identify:

a. Employees and customers;

b. Table numbers;

c. Cash denominations;

d. Card values, including pips, face cards, and suits;

e. Chip values, and where applicable, the number of chips in a rack;

f. Game outcomes; and

g. Progressive meter of any table game with a progressive jackpot;

(3) Allow for the clear, unobstructed views of cashier transactions, table games where cash wagers are accepted, and the counting of money from storage boxes removed from a gaming table;

(4) Video recording equipment which, at a minimum, shall:

a. Permit the preservation and viewing of a clear copy of the transmission produced by any camera connected to the system;

b. Be capable of superimposing the time and date of the transmission on each recording made by the video recording equipment;

c. Enable the operator to identify and locate, using a meter, counter, or other device or method, a particular event that was recorded; and

d. Record in color, and include audio capability in the count room;

(5) An emergency power system that can be used to operate the system in the event of a power failure, and such power system shall be tested at 12-month intervals and be subject to more frequent re-testing upon failure of a test;

(6) A preventive maintenance program that ensures that the entire system is maintained in proper working order and that transparent covers over system cameras are cleaned in accordance with a routine maintenance schedule; and

(7) Recording media, which shall be replaced immediately upon the manifestation of any significant degradation in the quality of the images or sound. Where videotape is utilized, it shall be used for no more than one year.

(f) When surveillance is conducted, surveillance personnel shall maintain and securely store a surveillance log documenting a minimum of the following surveillance activities:

(1) Date and time commenced and terminated;

(2) Activities observed and performed; and

(3) The name or license credentials of each person who initiates, performs, or supervises the surveillance.

(g) A summary of the results of surveillance conducted of suspicious activity should be maintained in a separate log.

(h) Except when provided a written notice by the commission requesting the records to be retained as part of an ongoing investigation, all recordings required by this part, shall be retained for a minimum of 45 days. Surveillance recordings of all other areas shall be held for a minimum of 14 days.

(i) Recordings involving suspected or confirmed gaming crimes, unlawful activity, or actions of investigations by management personnel shall be retained until all investigations and any subsequent legal actions are complete. A copy of any report and digital or video recording shall be forwarded to the commission.

(j) All recordings shall have a primary and backup copy stored on suitable non-volatile media to prevent the loss of images in the event of a hardware failure.

(k) Category A and B licensees shall have the capability to produce a still copy or photograph of the images depicted on a video recording. This may be accomplished using a digital or video printer, still camera, or other available means.

(l) The game room shall maintain a digital or video library log to demonstrate compliance with the storage, identification, and retention standards required in this section.

(m) Duly authenticated copies of digital records shall be provided to a commission agent upon request, and at the expense of the licensee.

(n) The media storage system shall be configured so that a failure of any single component will not result in the loss of any data from the media storage system, and shall have a failure notification system that provides an audible, as well as a visual notification of any failure in the surveillance system or the media storage system.

Source. #14341, EMERGENCY, eff 8-21-25; ss by #14503, eff 2-4-26, EXPIRES: 2-4-36

Lot 7210.05 Additional Requirements for Surveillance of EGDs. Each EGD located within a gaming room shall be monitored simultaneously and on a continuous basis by cameras with enough resolution to readily identify the symbols or other machine indication used to determine game outcome or malfunction, all patrons and employees at the EGD, and their access to secured areas of the machine including logic areas and cash boxes.

Source. #14341, EMERGENCY, eff 8-21-25; ss by #14503, eff 2-4-26, EXPIRES: 2-4-36

Lot 7210.06 Additional Requirements for Surveillance of Table Games and ETGs.

(a) Each table game, including ETGs, offered within a gaming room shall be monitored by dedicated cameras that provide coverage of:

(1) The table surface, sufficient that the card values and suits, cash and chip denominations, and game outcome can be clearly identified;

(2) An overall view of the entire table with sufficient clarity to identify patrons and dealers; and

(3) A separate, dedicated camera positioned to view the playing surface, including chips and currency inserted into the drop box opening, and the number and denominations of all chips, and any additions or removals of chips to or from the chip tray.

(b) The surveillance system of a game room operating 3 or more table games shall be capable of monitoring and recording:

(1) Each table game area, with sufficient clarity to identify patrons and dealers; and

(2) Each table game surface, with sufficient coverage and clarity to simultaneously view the table bank and determine the configuration of wagers, card values and suits, cash and chip denominations, and game outcome.

(c) Each table game with a potential jackpot of $25,000 or more shall be recorded and monitored by dedicated cameras that provide coverage of:

(1) The table surface, sufficient that the card values and suits, cash and chip denominations, and game outcome can be clearly identified;

(2) An overall view of the entire table with sufficient clarity to identify patrons and dealer; and

(3) A view of the progressive meter jackpot amount. If several tables are linked to the same progressive jackpot meter, only one meter need be recorded.

(d) For the purposes of this section, craps, roulette, or money wheels shall not be included in the table count.

(e) All craps tables shall have 2 dedicated cross view cameras covering both ends of the table.

(f) All roulette areas shall have one overhead dedicated camera covering the roulette wheel and one dedicated camera covering the play of the table.

(g) All big wheel games shall have one dedicated camera viewing the wheel.

Source. #14341, EMERGENCY, eff 8-21-25; ss by #14503, eff 2-4-26, EXPIRES: 2-4-36

Lot 7210.07 Additional Requirements for Card Games. The surveillance system shall monitor and record the general activities in each card room with sufficient coverage to view the patrons, dealers, and activities on the card table surface, and be capable of identifying the employees performing the different functions.

Source. #14341, EMERGENCY, eff 8-21-25; ss by #14503, eff 2-4-26, EXPIRES: 2-4-36

Lot 7210.08 Additional Requirements for Progressive Games.

(a) Progressive card games with a progressive jackpot of $25,000 or more shall be monitored and recorded by dedicated cameras that provide coverage of:

(1) The table surface, sufficient that the card values and card suits can be clearly identified;

(2) An overall view of the entire table with sufficient clarity to identify customers and dealer; and

(3) A view of the posted jackpot amount.

(b) Progressive live table games with a progressive jackpot of $25,000 or more shall be monitored and recorded by dedicated cameras that provide coverage of:

(1) The table surface, sufficient that the card values and card suits can be clearly identified;

(2) An overall view of the entire table with sufficient clarity to identify customers and dealer; and

(3) A view of the progressive meter jackpot amount. If several tables are linked to the same progressive jackpot meter, only one meter need be recorded.

Source. #14341, EMERGENCY, eff 8-21-25; ss by #14503, eff 2-4-26, EXPIRES: 2-4-36

Lot 7210.09 Additional Requirements for the Cage, Vault, and Count Room.

(a) The following additional requirements shall apply to the surveillance of the cage and vault areas:

(1) The surveillance system shall possess the capability to monitor and record a general overview of activities occurring in each cage and vault area, with sufficient clarity to identify employees within the cage and patrons and employees at the counter areas;

(2) Each cashier station shall be equipped with one dedicated overhead camera covering the transaction area to provide an overview of cash transactions and include the customer, the employee, and the surrounding area; and

(3) The cage or vault area in which fills and credits are transacted shall be monitored by a dedicated camera or motion-activated dedicated camera that provides coverage with sufficient clarity to identify chip values and the amounts on the fill and credit slips. Controls provided by a computerized fill and credit system shall be deemed an adequate alternative to viewing the fill and credit slips.

(b) The following additional requirements shall apply to the surveillance of the count room:

(1) The surveillance system shall possess the capability to monitor and record all areas where cash or cash equivalent may be stored or counted, including:

a. The count room;

b. All doors to the count room; and

c. All areas where uncounted cash or cash equivalent may be stored during the drop and count process;

(2) The surveillance system shall possess the capability to monitor and record the count room, including:

a. All doors to the room;

b. All drop boxes, safes, and counting surfaces; and

c. All count team personnel;

(3) A dedicated camera shall be utilized to continuously monitor and record the counting surface during the count;

(4) Coverage of scales shall be sufficiently clear to view any attempted manipulation of the recorded data;

(5) Monitoring and recording of the table games drop box storage rack or area shall be by either a dedicated camera or a motion-detector activated camera; and

(6) For count rooms utilizing currency counters and currency sorters, the surveillance system shall possess the capability to monitor and record all areas where currency is sorted, stacked, counted, verified, or stored during the count process. Coverage of the currency counting machines and currency sorting machines shall be sufficiently clear to view the currency input, output, and reject areas.

Source. #14341, EMERGENCY, eff 8-21-25; ss by #14503, eff 2-4-26, EXPIRES: 2-4-36

PART Lot 7211 CYBERSECURITY REQUIREMENTS

Lot 7211.01 Definitions. The following definitions shall apply to this part:

(a) “Critical system components” means any hardware, software, critical control programs, communications technology, other equipment or components implemented in a GPE to allow patron participation in gaming, and whose failure or compromise can lead to loss of patron entitlements, government revenue or unauthorized access to data used for generating reports for the commission;

(b) “Cybersecurity incident” means any unauthorized access, disruption, theft, or compromise of information systems or data;

(c) “ Gaming enterprise” means the game operator, and any suppliers, manufacturers, vendors, service providers, and/or other entities who have a role in overseeing the operation of a gaming production environment, or providing services integral to its function, including the management of sensitive data;

(d) “Gaming information security (GIS)” means protecting sensitive data and critical system components from unauthorized access, use, disclosure, disruption, modification, or destruction in order to provide confidentiality, integrity, availability, and accountability;

(e) “GIS control” means the safeguard or countermeasure employed by the gaming enterprise in order to protect the reliability, security, or capacity of the GPE or the confidentiality, integrity, availability, and accountability of its sensitive data, in order to enable the gaming enterprise to fulfill its statutory and regulatory responsibilities;

(f) “Gaming information security management systems (GISMS)” means a defined, documented management system that consists of a set of policies processes, and systems to manage risks to a gaming enterprise’s sensitive data, assets, and critical system components within a gaming production environment, with the objective of ensuring acceptable levels of gaming information security risk;

(g) “Gaming production environment (GPE)” means the operational setting where gaming activities and related services are conducted, managed, and delivered to patrons in a live or real-time manner. It encompasses the physical and virtual infrastructure, systems, software, and processes required to facilitate various forms of gaming and manage sensitive data, as well as the backend systems and infrastructure that interface or support gaming activities; and

(h) “Information systems” means all hardware, software, networks, and data used in game room operations.

Source. #14503, eff 2-4-26, EXPIRES: 2-4-36

Lot 7211.02 Gaming Security Framework.

(a) Each GOE shall perform a cybersecurity risk assessment to identify any actual or potential instances of non-compliance, vulnerabilities, or weaknesses to its GPE information systems, and assure the preservation of confidentiality, integrity, and availability of the information under the game operator’s control.

(b) The risk assessment required by (a) above shall be conducted within 90 days of the 2026 effective date of this chapter or, in the case of a new game room, within 90 days of commencing gaming operations, and on an annual basis every 12 months thereafter.

(d) The GOE shall make all documentation concerning its compliance with this section available to the commission upon request.

(e) The commission shall treat such materials submitted for cybersecurity risk assessment as confidential business records.

Source. #14503, eff 2-4-26, EXPIRES: 2-4-36

Lot 7211.03 GLI-GSF-1 Gaming Security Framework.

(a) A GOE may satisfy the requirement of conducting a cybersecurity risk assessment pursuant to Lot 7211.02 above by utilizing the standards and controls adopted by GLI in GLI-GSF-1 for a GIS control audit and GTS assessment. An assessment adhering to the standards of GLI-GSF-1 shall be presumed sufficient to meet the requirements and intent of this section.

(b) The risk assessment contemplated by this section shall include:

(1) A GIS control audit that conforms to:

a. GLI Gaming Security Framework Module 1: GLI-GSF-1 version 1.1, titled “Gaming Information Security (GIS) Controls Audit - Common Controls”;

b. When applicable:

1. GLI Gaming Security Framework Module 3: GLI-GSF-3 version 1.0, titled “Gaming Information Security (GIS) Controls Audit – Vendor Controls”; and

2. GLI Gaming Security Framework Module 4: GLI-GSF-4 version 1.0, titled “Gaming Information Security (GIS) - Landbased Gaming Controls”; and

(2) A gaming technical security (GTS) assessment in accordance with GLI Gaming Security Framework Module 2: GLI-GSF-2 version 1.0, titled “Gaming Technical Security (GTS) Assessment”.

(c) The GOE shall submit the results of the risk assessment to the commission no later than 90 days after it has been completed.

(d) If the GIS controls audit report recommends remediation, the game operator shall provide the commission with:

(1) A remediation plan and any risk mitigation plans which detail the game operator’s actions and schedule to implement the corrective action; and

(2) Once remediated, documentation evidencing completion.

(e) If any GIS incidents are identified during the audit, or self-reported by the GOE, that meets or exceeds the defined GIS incident reporting threshold, the GOE shall submit the following to the commission:

(1) A GIS incident report that includes a root cause analysis, containment measures, and preventive action; and

(2) Documentation demonstrating completion of all remediation actions associated with the reportable incident.

(f) If the GTS assessment report recommends remediation, the GOE shall provide the commission with a remediation plan and any risk mitigation plans which details the gaming enterprise’s actions and schedule to implement the remediation plan.

Source. #14503, eff 2-4-26, EXPIRES: 2-4-36

Lot 7211.04 Internal Cybersecurity Audit.

(a) A GOE may satisfy the requirement of conducting a cybersecurity risk assessment pursuant to Lot 7211.02 above by developing a cybersecurity program and conducting an internal risk assessment meeting the requirements of this section.

(b) The GOE shall develop and implement a cybersecurity program that includes, at a minimum:

(1). Identification and classification of assets;

(2). Threat and vulnerability analysis for information systems;

(3). Implementation of access controls, including multi-factor authentication and role-based access controls for all critical system components and information systems handling sensitive data, including but not limited to customer personal identifying information and financial information;

(4). Plans for regular updates and monitoring of cybersecurity practices;

(5). Plans to provide annual cybersecurity awareness training to all employees, with specialized training to be provided to IT, finance, and security staff; and

(6). An incident response plan outlining procedures for detecting, responding to, and recovering from cybersecurity incidents.

(c) The GOE shall submit a written copy of the cybersecurity program set forth in (a) above to the commission within 90 days of the 2026 effective date of this chapter or, in the case of a new game room, within 90 days of commencing gaming operations, and on an annual basis every 12 months thereafter.

(d) The submittal of the cybersecurity program to the commission shall include a written statement signed by an officer of the GOE attesting that the system satisfies the requirements of this section.

(e) Within 15 days of receiving the plan submitted in accordance with (c) above, the commission shall review the submission to determine if it meets the requirements of (b) and (d) above and notify the game operator in writing of its findings.

(f) The GOE shall file with the commission by April 15 of each year for the previous calendar year a copy of an annual independent third-party cybersecurity audit, which shall include, at a minimum, the following:

(1) A PCI attestation of compliance;

(2) A penetration test of all digital platforms and internal, external, and wireless networks to confirm if identified vulnerabilities of all devices, the servers, and applications are susceptible to compromise;

(3) An opinion concerning the sufficiency of the GOE’s cybersecurity plan and any recommended improvements to same; and

(4) Recommended corrective action and remediation plans, if applicable.

Source. #14503, eff 2-4-26, EXPIRES: 2-4-36

Lot 7211.05 Recurring Vulnerability Scans.

(a) Vulnerability scans shall be used to test and identify the vulnerabilities of internal network devices, applications, and network perimeter defenses, as well as adherence to security plans and standards.

(b) The GOE shall:

(1) Run internal and external network vulnerability scans at least quarterly and after any critical changes within the GPE; and

(2) Submit verification of completion of the vulnerability scan to the commission and include a remediation plan and any risk mitigation plans for detected vulnerabilities not able to be resolved.

Source. #14503, eff 2-4-26, EXPIRES: 2-4-36

Lot 7211.06 Cyber Attacks.

(a) If the GOE experiences a cyber attack on its information system resulting in a material loss of control, compromise, unauthorized disclosure of data or information, or any other similar occurrence, the game operator shall:

(1) Provide written notification of the cyber attack to the commission as soon as practicable but no later than 72 hours after becoming aware of the cyber attack;

(2) Perform, or have a third-party perform, an investigation into the cyber attack;

(3) Prepare a report documenting the results of the investigation, notify the commission of the completion of the report, and make the report available to the commission for review upon request; and

(4) Notify the commission when an investigation or similar action is completed and make the results of such investigation or similar action available to the commission upon request.

(b) The game operator shall document in writing all procedures taken to comply with this section and the results thereof and retain such records for a minimum of 5 years from the date they were created.

(c) Failure to exercise proper due diligence in compliance with this section shall constitute an unsuitable method of operation and may result in disciplinary action pursuant to Lot 7213 below.

Source. #14503, eff 2-4-26, EXPIRES: 2-4-36

PART Lot 7212 FINANCIAL RECORDKEEPING, REPORTING, AND PAYMENTS

Lot 7212.01 Reporting Changes and Inaccuracies. If at any time the information provided to the commission in accordance with this chapter has changed, or is otherwise found to be inaccurate, the licensee 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.

Source. #14341, EMERGENCY, eff 8-21-25; ss by #14503, eff 2-4-26, EXPIRES: 2-4-36 (formerly Lot 7211.01)

Lot 7212.02 Reporting of Criminal Activities. In accordance with RSA 287-D:15, III(b), the GOE shall immediately forward to the commission all reports and digital recordings involving suspected or confirmed gaming crimes, unlawful activities, or actions of investigations.

Source. #14341, EMERGENCY, eff 8-21-25; ss by #14503, eff 2-4-26, EXPIRES: 2-4-36 (formerly Lot 7211.02)

Lot 7212.03 Annual Reporting Requirements.

(a) Each GOE shall annually submit to the commission on or before June 1 an annual financial report that includes, at a minimum:

(1) A balance sheet;

(2) An income statement;

(3) A statement of changes in retained earnings; and

(4) A statement of changes in financial position and the applicable notes to those financial statements for the prior year’s operations of the person, association, or corporation.

(b) The annual financial report required by (a) above shall:

(1) Be reviewed or audited by a certified public accountant licensed to practice in at least one state of the United States of America; and

(2) Conform to the general standards of accounting principles as set forth in Ac 504 or its equivalent in another state.

(c) Upon request, a GOE that holds a VLT or HHR license shall submit copies of the most recent SOC 1 SSAE 18 Type 2 report issued by a licensed CPA to the EGD provider(s) under contract with the GOE.

Source. #14503, eff 2-4-26, EXPIRES: 2-4-36

Lot 7212.04 Recordkeeping Requirements.

(a) In accordance with RSA 287-D:22, VI, the game operator shall maintain complete, accurate, and legible documentation of all transactions pertaining to the revenues and expenses contained in the financial reports for at least 2 years from the date the financial report is filed.

(b) The records required by (a) above shall include, at a minimum, the following information:

(1) Policy and procedure manuals governing gaming activities, procedures related to the operation of a game, including play, surveillance, security, revenue collection, and accounting for, reporting, and auditing the results produced;

(2) Documentation of information technology procedures and controls, including monitoring systems for security incidents, data back-up, and maintenance of systems to ensure integrity of games, including digital surveillance logs and copies of written manuals for surveillance systems, gaming computer programs, and accounting programs;

(3) Copies of all financial records including:

a. A formal bookkeeping system that records all receipts and expenditures in connection with the conduct of charitable gaming and the disbursement of net proceeds derived therefrom;

b. All supporting documentation related to the bookkeeping record required in (a) above for all charitable gaming activities, including:

1. All bank statements, check registers, and reconciliations for GOC, VLT, or HHR bank accounts;

2. Bank deposit slips and canceled checks or copies of checks for GOC, VLT, or HHR bank accounts;

3. All invoices and receipts for all GOC, VLT, and HHR related purchases; and

4. Canceled checks, or other backup documentation, such as confirmation of an electronic transfer, for the payment of expenses and prizes;

c. Financial reports submitted to the commission; and

d. Financial records documenting progressive games, promotions, and the balance of player-funded accounts;

(4) A detailed list of manufacturers and distributors and the type of gaming equipment purchased from each, as required by RSA 287-D:14, XXI;

(5) A record of work schedules and table assignments for all persons that participated in the operation of a gaming event, including:

a. The individuals’ names, addresses, and phone numbers;

b. The date, time, and location of each game that the individual participated in, including sign-in sheets and timecards, if applicable; and

c. The type of participation the individual had in the game on each game date;

(6) Copies of documentation related to the operation of GOC, VLT, and HHR including:

a. Pre-numbered 3-part, table credit, and fill slips;

b. Pit game table reconciliation sheets;

c. Cash poker table reconciliation sheets;

d. Cage accountability form summarizing daily cage activities;

e. Cage inventory count sheets supported by employee signatures;

f. Inventory transfer to and from cage documentation sheets;

g. Chip inventory documentation forms, including purchase, receipt, balances on hand, storage, and destruction;

h. Tournament sign-in or registration sheets, buy-in, re-buy, and add-on documentation slips;

i. Tournament reconciliation sheets;

j. Documentation for all prizes and promotional payouts. In the case of progressive games, such documentation shall also include jackpot contributions and balances; and

k. Any other original books, records, and documents pertaining to, prepared in, or generated by operations including, but not limited to, all forms, reports, accounting records, ledgers, subsidiary records, computer generated data, internal audit records, email, written correspondence, and personnel records regardless of the medium through which the record is generated or maintained;

(7) Documentation of the calculation of charity allocation and state revenue;

(8) Wagering records and, for GOEs offering HHR, records of all pari-mutuel transactions;

(9) All written contracts, agreements, leases, rental agreements, or any other statement of understanding regarding the operation of GOC, VLTs, or HHR; and

(10) An organization chart listing titles, roles, and responsibilities.

(c) General accounting records shall be maintained on a double entry system of accounting with transactions recorded on an accrual basis.

(d) In accordance with RSA 287-D:22, V, all records pertaining to the GOC shall be maintained by:

(1) The treasurer of the charitable organization or other duly authorized director, officer, or official of the charitable organization; and

(2) When applicable, the GOE hired to act on behalf of the organization.

(e) The licensee shall make all records available upon request to the commission, the attorney general, or the chief of police where charitable gaming is offered.

(f) All licensees shall create, prepare, and maintain accurate and reliable business and accounting records that are secured from theft, loss, or destruction.

Source. #12839, eff 7-27-19; ss by #14341 EMERGENCY, eff 8-21-25 (formerly Lot 7208.01); ss by #14503, eff 2-4-26, EXPIRES: 2-4-36 (formerly Lot 7211.03)

Lot 7212.05 Required Reports, Audits and Inspections for EGD.

(a) All systems used for pari-mutuel wagering on historic horse races shall provide financial reports for individual approved wager model configurations and total pool amounts for each pool.

(b) The reports required by (a) above shall be emailed to the commission no later than 8 hours after the conclusion of all operations for the day, with information current since the end of the last wagering day, and include, to the extent practicable on the system generating such reports:

(1) Current values of each pari-mutuel wagering pool;

(2) Total amounts wagered for all pools;

(3) Total amounts won by patrons for all pools;

(4) Total amount of the takeout for all pools;

(5) Total breakage for each pool;

(6) Total amount wagered at each terminal;

(7) Total amount won by patrons at a terminal;

(8) The amount wagered on each mathematical model configuration and the amount won from each mathematical model configuration offered at a terminal;

(9) Total amount of each type of financial instrument inserted into a terminal;

(10) Total amount cashed out in voucher or handpays at a terminal;

(11) Taxable win report including:

a. Time and date of win;

b. EGD identification number;

c. Amount wagered resulting in taxable win;

d. Taxable amount won; and

(12) A complete detailed list of pari-mutuel wagering transactions per day per location per math method per pool; and

(13) Total amount of free play redeemed or played.

(c) When the gaming operation includes EGDs, the GOE shall submit, along with the monthly financial report required by (a) above, copies of the back-office system reports that correspond to the data presented in the financial report.

(d) Pursuant to RSA 287-D:17, I, RSA 287-D:22, V, and RSA 287-J:2, the commission or its authorized representatives may, at any time, conduct an audit or inspection of the financial reports, software, terminals, or other equipment used by the licensee in conducting operations under this chapter.

Source. #14503, eff 2-4-26, EXPIRES: 2-4-36

Lot 7212.06 Distribution of Gaming Revenue.

(a) In accordance with RSA 287-D:19, III(f), no charitable organization shall receive less than 35 percent of the gross revenues from any GOC minus any prizes paid.

(b) Per RSA 287-D:19, III(c), under no circumstances shall a charitable organization sustain any loss from GOC, such that its share of gross revenues minus any prizes is less than zero dollars, during a license period with a single game operator.

(c) Pursuant to RSA 287-J:6, the game operator shall collect a sum equal to 31 percent of gross VLT revenue and distribute as follows:

(1) A total of 0.25 percent shall be distributed to the governor's commission on addiction, treatment, and prevention; and

(2) The remaining 30.75 percent shall be distributed as follows:

a. A total of 35 percent shall be equally distributed between the 2 licensed charitable organizations, or licensed charity and host community with whom the licensee contracts on each licensed game date; and

b. The remaining 65 percent shall be paid to the commission and distributed as follows:

1. An amount equal to 25 percent shall be distributed to the special fund established under RSA 284:21-j for use as provided in that statute; and

2. An amount equal to 75 percent shall be distributed to the general fund.

(d) A game operator offering HHR shall collect a takeout on all HHR pari-mutuel pools at a cumulative rate of not greater than 12 percent.

(e) Pursuant to RSA 284:23, I(d), the game operator shall distribute 25 percent of the HHR takeout as follows:

(1) The charitable organizations or host communities sponsoring the event shall receive 35 percent of the funds; and

(2) The remaining 65 percent of the funds shall be paid to the commission monthly.

(f) Pursuant to RSA 284:22-b, V, the game operator offering HHR shall submit 100 percent of the breakage collected from winning wagers to the commission for problem gambling services with the exception that breakage resulting from a wager of less than one dollar shall be returned to the pool.

(g) Pursuant to RSA 287-D:20, a charitable organization, or the GOE hired to act on the organization’s behalf shall submit state revenue payments to the commission as follows:

(1) In games where chips have no monetary value, a payment equal to 3 percent of all funds collected from players, including but not limited to buy-ins and re-buys, per game date;

(2) In high-stakes tournaments, a payment equal to 5 percent of house winnings, after prizes paid; and

(3) In games where chips have monetary value, a payment equal to 10 percent of the rake or house winnings and other moneys collected, including but not limited to buy-ins and re-buys, that are not paid out as prizes to players.

(h) Payments required by (g) above shall be:

(1) Made once per month, no later than the 15th day of the month for the funds collected in the previous month, and submitted with the “GOC- VLT-HHR Monthly Financial Report” form (2/2026) completed for the same time period;

(2) In an amount of no less than zero; and

(3) Paid by check or a secure electronic file transfer platform authorized by the state of New Hampshire for the purposes of licensee fee and licensing payments to the treasurer of the state of New Hampshire.

Source. #14341 EMERGENCY, eff 8-21-25; ss by #14503, eff 2-4-26, EXPIRES: 2-4-36 (formerly Lot 7211.04)

Lot 7212.07 Revenue Share Adjustments.

(a) VLT and HHR GGR shall not exceed 9 times the GGR for GOC as assessed annually for the first year of operation and quarterly thereafter. For the first year of operation, the measure of GGR shall be based on the greater of the licensee’s annualized average of revenue for the period from January 1, 2026, to June 30, 2026, or the actual GGR for GOC.

(b) In the event gross revenue from VLTs and HHR for the reported period exceeds the limit set by (a) above, the licensee shall contribute a portion of its allotment in excess of the threshold of the limit set forth in (a) above to the charitable organizations that hosted game events within the assessed period in accordance with the following:

(1) The licensee shall retain 50 percent of the take-out; and

(2) The remaining 25 percent of the licensee’s allotment shall be equally distributed to the hosting charitable organizations, such that total charity allotment equals 33.75 percent of total takeout.

(c) If the VLT and HHR revenue exceeds 9 times GOC revenue due to a progressive payout(s), the GOE may request a waiver in accordance with Lot 7214 below. The GOE shall provide documentation with the waiver request demonstrating that the GOC revenue for the reported period, excluding the payout of any progressive jackpot(s), complies with the ratio set forth in (a) above.

Source. #14341 EMERGENCY, eff 8-21-25; ss by #14503, eff 2-4-26, EXPIRES: 2-4-36 (formerly Lot 7211.05)

Lot 7212.08 Unclaimed Vouchers.

(a) Except as provided by (b) below, all moneys collected during the previous year of vouchers which have not been redeemed shall be paid to the state treasurer, and be subject to the requirements of RSA 284:31.

(b) In accordance with RSA 287-J:7:

(1) 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; and

(2) 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.

Source. #14341 EMERGENCY, eff 8-21-25; ss by #14503, eff 2-4-26, EXPIRES: 2-4-36 (formerly Lot 7211.06)

Lot 7212.09 Financial Reporting Requirements.

(a) Pursuant to RSA 287-D:22, I(a), the charitable organization, or the GOE hired to conduct the GOC on its behalf, shall submit a “GOC-VLT-HHR Monthly Financial Report” form (2/2026) to the commission electronically within 15 calendar days of the end of each month during which a gaming event was held.

(b) Pursuant to RSA 287-D:22, I, the report required in (a) above shall be completed and submitted by either:

(1) The treasurer of the charitable organization or a duly authorized officer, director, or official who certifies such accounting under oath; or

(2) The licensed GOE under contract to conduct GOC on behalf of the charitable organization.

(c) Pursuant to Lot 7212.05(c) above, when the gaming operation includes EGDs, the GOE shall submit, along with the monthly financial report, copies of its back-office system reports that correspond to the data presented in the financial report.

(d) Except as otherwise allowed by RSA 287-D:9, III, the GOE hired to operate GOC on behalf of a charitable organization shall provide the charitable organization with all moneys due no later than the 15th day of the month following the month in which the games were conducted.

(e) Pursuant to RSA 287-D:22, II(c), when the charitable organization conducts its own GOC, the organization shall include, with its monthly financial report, the names and addresses of the members who participated in the operation of the GOC event.

(f) The functions of bookkeeper and duly authorized signer of checks shall not be performed by the same person.

(g) The treasurer of the charitable organization or a bona fide member of the charitable organization designated by the treasurer shall be in full charge of, and primarily responsible for, the proper utilization of all moneys derived from the conduct of charitable gaming.

Source. #12839, eff 7-27-19; ss by #14341 EMERGENCY, eff 8-21-25 (formerly Lot 7208.02); ss by #14503, eff 2-4-26, EXPIRES: 2-4-36 (formerly Lot 7211.07)

PART Lot 7213 PENALTIES

Lot 7213.01 Penalties.

(a) Pursuant to RSA 287-D:23, III, VIII, and IX, disciplinary measures available to sanction misconduct shall include:

(1) Imposition of an administrative order or fine;

(2) Suspension of a license for a period of up to one year; and

(3) Revocation of a license.

(b) Other than the immediate suspension of a license, the commission shall impose disciplinary sanctions only:

(1) After prior notice to the licensee and the opportunity for a hearing pursuant to RSA 541-A:31, II; or

(2) By agreement in a settlement between the commission and the licensee pursuant to Lot 200.

(c) The commission shall provide all notices and conduct all hearings in accordance with the requirements set forth in RSA 541-A, Lot 200, and this part, as applicable.

(d) Prior to taking adjudicative action, the commission shall send to the applicant, licensee, or person acting without a license 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; 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.

(e) The commission shall apply the following factors to determine which sanction or combination of sanctions to impose:

(1) The seriousness of the offense;

(2) Prior disciplinary record(s);

(3) Patterns of conduct;

(4) Acknowledgment of their wrongdoing;

(5) Whether the conduct was uncovered by the commission or self-reported by the licensee;

(6) Willingness to cooperate with the commission;

(7) Action taken to correct the problem;

(8) The purpose of the rule or statute that was violated;

(9) The potential harm to public health, safety, and welfare; and

(10) The nature and extent of the enforcement activities required of the commission as a result of the offense.

(f) The commission shall select appropriate sanction(s) by choosing the sanction(s) most likely to:

(1) Protect public health, safety, or welfare;

(2) Prevent future misconduct;

(3) Correct the attitudinal, educational, or other deficiencies which led to the misconduct;

(4) Encourage responsible practices when operating a charitable gaming event; and

(5) Ensure the integrity of charitable gaming in New Hampshire.

Source. #12839, eff 7-27-19; ss by #14341 EMERGENCY, eff 8-21-25 (formerly Lot 7209.01); ss by #14503, eff 2-4-26, EXPIRES: 2-4-36 (formerly Lot 7212.01)

Lot 7213.02 Administrative Fines.

(a) Pursuant to RSA 287-D:23, IX, when the commission imposes an administrative fine upon a person or entity for a violation of applicable law or this chapter, the order shall be scaled to reflect the gravity of the violation for each offense.

(b) In accordance with RSA 287-D:23, IX, any administrative fine imposed under this section shall not preclude the imposition of further penalties or administrative actions under applicable law or this chapter.

(c) For the purposes of this section, a “minor violation” means conduct, action, or failure to act by any person, entity, applicant, or licensee that was not:

(1) Of a nature, quality, or extent to affect or potentially affect the integrity of the charitable game(s) being conducted;

(2) Of a nature, quality, or extent to cause or potentially cause harm to the interest of the state or the charitable organization;

(3) A knowing, willful, or intentional violation;

(4) A violation that is chronic or part of a continuing pattern or practice of the licensee;

(5) An indication of a recalcitrant violator or one that has engaged in a pattern of neglect or disregard with respect to applicable regulatory requirements;

(6) An act that enabled the violator to benefit economically from the noncompliance; or

(7) Intended to hinder the ability of the commission to determine compliance with any other applicable local, state or federal regulation, information request, order, or other requirement.

(d) Minor violations shall include, but not be limited to:

(1) Failing to wear a properly issued identification badge, as required by Lot 7207.01(i);

(2) Failing to prominently display documents, as required by Lot 7206.02;

(3) Failing to post a diagram at each table where the GOC are played indicating the type of game being played, the bet amount, the buy-in amount, and the re-buy amounts, as applicable; or

(4) Failing to publicly display the name of the licensed charitable organization sponsoring the event.

(e) The commission shall impose a fine of no less than $25, and no more than $500, per minor violation committed by any person, entity, applicant, or licensee.

(f) For the purposes of this section, a “moderate violation” means conduct, action, or failure to act by any person, entity, applicant, or licensee that exceeds the definition of a minor violation, as defined in (c) above, but do not meet the level of severity of a major violation, as defined in (i) below.

(g) Moderate violations shall include, but not be limited to:

(1) Failing to submit any reports by the due date. Each different type of report or record requested but not provided shall constitute a separate violation subject to a separate fine;

(2) Operating games in a manner that differs from the house rules or game procedures reviewed by the commission;

(3) Allowing an unapproved gaming device to be available to patrons for play;

(4) Failing to make available any records required by the commission for investigation, monitoring or licensing purposes;

(5) Knowingly or willfully submitting a document containing a false attestation concerning the accuracy of machine testing or the sufficiency of proposed internal controls; or

(6) Committing 3 or more minor violations within 2 years.

(h) The commission shall impose a fine of no less than $250, and no more than $1,500, per moderate violation committed by any person, entity, applicant, or licensee.

(i) A “major violation” means conduct, action, or failure to act by any person, entity, applicant, or licensee that is:

(1) Of a nature, quality, or extent to affect or potentially affect the integrity of the charitable game(s) being conducted;

(2) Of a nature, quality, or extent to cause or potentially cause harm to the interest of the state or the charitable organization;

(3) A knowing, willful, or intentional violation;

(4) A violation that is chronic or reflecting a continuing pattern or practice;

(5) An indication of a recalcitrant violator or one that has engaged in a pattern of neglect or disregard for applicable regulatory requirements;

(6) An act that enabled the violator to benefit economically from the noncompliance; or

(7) Intended to hinder the ability of the commission to determine compliance with any other applicable local, state or federal regulation, information request, order, or other requirement.

(j) Major violations shall include, but not be limited to:

(1) Establishing, maintaining, operating, or otherwise offering GOC, VLT, or HHR without a license, or with a suspended license;

(2) Sponsoring a gaming event with a game operator who is not licensed;

(3) Falsifying an application for or issuance of a GOC, VLT, or HHR license;

(4) Failing to notify the commission regarding loss of eligibility to hold a gaming license, such as an individual being found guilty of a criminal conviction or a charitable organization losing its tax exempt status;

(5) Operating a game in a manner that tends to deceive the public or affect the chances of winning or losing, including the use of equipment that has been altered or tampered with;

(6) Failing to develop or implement written internal control policies and procedures as required by Lot 7206.05;

(7) Targeting self-excluded players knowingly and willingly with marketing materials or otherwise encouraging self-excluded individuals to play GOC, VLT, or HHR;

(8) Furnishing or making false or misleading statements or reports to the commission, or directing, requiring, or knowingly allowing another member or personnel of the organization or entity to furnish or make false or misleading statements or report to the commission;

(9) Failing to cooperate during any visit authorized by statute or this chapter;

(10) Failing to report a loss or theft that results in lost revenue to the state or charitable organizations; or

(11) Committing 5 or more minor violations or 3 or more moderate violations within 2 years.

(k) The commission shall impose a fine of no less than $1,000, and no more than $5,000 per violation of each major violation committed by any person, entity, applicant, or licensee.

(l) In determining the actual amount of a fine, the commission shall consider:

(1) The following factors:

a. The degree of non-compliance;

b. Prior history of violations of the same or similar nature;

c. The consequences of the violation, including the economic impact to the state and other affected parties;

d. The nature and persistence of the violation;

e. The extent of any remedial or corrective action taken;

f. The good or bad faith exhibited by the cited individual(s);

g. Evidence that the violation was willful;

h. The extent to which the individual cooperated with the commission’s investigation;

i. The cost of any investigation or hearing conducted by the commission;

j. The licensee’s ability to pay a fine assessed by the commission; and

k. Any other mitigating or aggravating factors; and

(2) The likelihood that the amount of the fine will result in:

a. Protecting public health, safety or welfare;

b. Preventing of future misconduct;

c. Correcting the attitudinal, educational, or other deficiencies which led to the misconduct;

d. Encouraging responsible practices of operating a charitable gaming event; and

e. Ensuring the integrity of charitable gaming in New Hampshire.

(m) Except as otherwise noted, the penalties prescribed above shall be imposed for each day that the person, entity, applicant, or licensee is not in compliance, beginning with the date that the offense or pattern of conduct initially took place and continuing for each day of non-compliance, or until the date of compliance.

(n) Payment of any administrative fine to the commission shall meet the following requirements:

(1) If the recipient of a notice described in Lot 7213.01(d) above waives or is deemed to have waived their right to an adjudicative hearing, the respondent shall pay the fine by the date specified in the notice, which shall not be less than 25 days from the date of the notice of the proposed fine;

(2) If an adjudicative hearing is conducted and the commission’s decision to assess a fine is upheld, the fine shall be due and payable within 10 calendar days of the date of the decision, or such longer time period as is specified in the decision;

(3) Payment shall be made in the form of personal check or money order which is made payable to “Treasurer, State of New Hampshire” in the exact amount due;

(4) Any payment submitted to the treasury department in the form of a check or money order and returned to the state for any reason shall be processed in accordance with RSA 6:11-a; and

(5) Money order or certified check shall be required when any past payment to the commission by personal check has been returned for insufficient funds.

(o) Nonpayment of a fine by a licensee or respondent in contravention of an order, agreement, or promise to pay, shall be a separate ground for discipline by the commission, a basis for denying a subsequent license, and a basis for judicial action seeking to collect the fine.

(p) If a licensee or respondent fails to pay a fine in accordance with (n) above, the fine shall be $100, plus an additional fine of $50.00 per day for each day for which the commission does not receive payment in full.

(q) If a licensee or respondent corrects and then subsequently repeats a violation for which a fine was previously issued in accordance with (c)-(p) above, the fine shall be increased by the amount of the original fine such that, for example, an original fine of $100 shall become $200 for the first time the offense is repeated, $300 for the second time the offense is repeated, $400 for the third time the offense is repeated, and so on.

Source. #12839, eff 7-27-19; ss by #14341 EMERGENCY, eff 8-21-25 (formerly Lot 7209.02); ss by #14503, eff 2-4-26, EXPIRES: 2-4-36 (formerly Lot 7212.02)

Lot 7213.03 Enhanced Penalties.

(a) In accordance with RSA 284:3-a, IV, in addition to fines and penalties as set forth in this chapter, the commission may file a petition for equity relief with the superior court seeking to levy upon any person or entity who meets the requirements of this section for enhanced penalties, a civil penalty in an amount not to exceed $50,000 per violation, along with any other injunctive relief deemed necessary by the court.

(b) Any person who has accumulated 8 or more points for violation of any offense in paragraph (c) within a 5 year period, based upon the date of the offense, shall be subject to an enhanced penalty.

(1) One point for a conviction or a finding of a violation by the commission of:

a. RSA 287-D:9, III, relative to the failure to pay moneys due to the charitable by the 15^th day of the month following the gaming event;

b. RSA 287-D:22, III and VI, relative to failure to maintain records for at least 2 years;

(2) Two points for a conviction or a finding of a violation by the commission of:

a. RSA 287-D:14, VI, relative to permitting an individual under the age of 18 to play GOC, VLT, or HHR;

b. RSA 287-D:14, VIII and XVIII, relative to permitting individuals to play GOC, VLT, or HHR who are prohibited by law to do so;

c. RSA 287-D:15, I(f), relative to the failure to report a surveillance equipment malfunction that results in the device's failure to record gaming activity within 72 hours;

d. RSA 287-D:15, III(a), relative to maintaining digital recordings for at least 45 days;

e. RSA 287-D: 15, III(b), relative to the failure to forward copies of digital recordings and related investigative reports to the commission which involve a suspected or confirmed gaming crime, unlawful activity, or actions of an investigation by management personnel, or maintain copies of said recordings until released by the commission;

f. RSA 287-D:22, V, relative to the failure to provide records to the commission upon request; and

g. RSA 287-D:22,VI, relative to a failure to maintain complete and accurate documentation of all revenues and expenses contained in the financial reports for at least 2 years from the date the financial report is filed;

(3) Three points for a conviction or a finding of a violation by the commission of:

a. RSA 287-D:4, IV, RSA 287-D:7, I, RSA 287-J:5, II, and RSA 284:22-b, II and VII, relative to operating GOC, VLT, or HHR without a license;

b. RSA 287-D:7, III, RSA 287-D:8, VI, RSA 287-D:9, VI, or RSA 287-D:10, III, relative to failure to notify the commission of an arrest or conviction for any criminal offense within ten days of the occurrence;

c. RSA 287-D:11, V, relative to failure to comply with a subpoena;

d. RSA 287-D:14, IX, relative to permitting an individual with certain criminal convictions to operate GOC, VLT, or HHR; and

e. RSA 287-D:14, XVI, RSA 287-D:20, RSA 287-J:6, RSA 284:22-b,V, and RSA 284:23, I(d), relative to the failure to accurately distribute GGR.

(d) For the purposes of this section, “conviction” means any criminal, civil, or administrative findings of guilt by a governmental entity upon proper adjudication.

(e) The following shall apply to multiple violations:

(1) Multiple violations of the same offense resulting from a single incident shall be counted as one violation for the purpose of assessing points;

(2) Violations of separate offenses resulting from a single incident shall be counted as separate violations for the purpose of assessing points; and

(3) It shall not be considered a single incident when a subsequent violation of the same offense occurs after a previous violation for which official action has already been taken.

(f) If a person is convicted under the laws of another state of a law that contains the same elements as any offense listed under (c), the conviction shall be used for the purpose of assessing points for an enhanced penalty.

(g) If a person who meets the requirements of an enhanced penalty shall deny any facts relating to offenses used to assess points, then the person shall have the burden of proving that such is untrue.

(h) The proceeds of any civil penalty levied pursuant to this section shall be deposited in the special fund established in RSA 284:21-j.

Source. #14341, EMERGENCY, eff 8-21-25; ss by #14503, eff 2-4-26, EXPIRES: 2-4-36 (formerly Lot 7212.03)

Lot 7213.04 Suspensions, Revocations, and Refusals to Issue a License.

(a) Except as provided in (f) below, the following violations shall be grounds for revocation of a license:

(1) Failure to comply with the conditions of the license or this chapter, such as a charitable organization’s failure to maintain federal tax-exempt status, or changes that result in a game operator no longer being found fit to participate in charitable gaming in New Hampshire;

(2) Failure to take corrective action following the suspension of a license;

(3) An inability or unwillingness to comply with the applicable NH statutes or this chapter, as demonstrated by a pattern of violations;

(4) Failure to comply with the requirements set forth in this chapter or any commission order to submit records, bank statements, or any other paraphernalia associated with the operation of GOC, VLT, or HHR;

(5) Willfully or knowingly providing false information to the commission, making false statements, or making false entries in any books or records with respect to any transaction connected with the holding, operating, and conducting of any GOC or the operation of VLTs or HHR;

(6) Failure to remit any license fees or other amounts due to the state;

(7) 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;

(8) Failure to comply with the terms and conditions of an administrative order issued by the commission in accordance with RSA 287-D:23, VIII;

(9) Failing to pay any administrative, civil, or criminal penalties owed to the commission;

(10) Any conduct by the licensee that undermines the public confidence in charitable gaming or serves the interest of organized gambling or crime and criminals in any manner;

(11) Manipulating the outcome of any game or otherwise compromising the integrity of charitable gaming;

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

(13) Willfully and knowingly conducting business with unauthorized entities;

(14) Any material violation of RSA 287-D, RSA 287-J, RSA 284:22-b, or this chapter; or

(15) Operating without a valid gaming license in any state or commonwealth in the United States.

(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 licensure is required.

(d) Pursuant to RSA 287-D:23, III, any licensee whose license is revoked shall be ineligible for licensure for a period of at least one year from the date of revocation. The length of the revocation shall be determined based on the criteria set forth in Lot 7213.01(e).

(e) 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 notice;

(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.

(f) 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.

(g) 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 (j) below.

(h) Failure to comply with (g) above, shall constitute separate grounds for further disciplinary action.

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

(j) 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 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.

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

(l) A suspension shall have no effect upon the expiration date of a license.

(m) If, after receiving a request for a license by an applicant whose license was previously revoked, the commission has information that indicates that a reason set forth in (a) above still exists to refuse the request, the commission shall first inform the applicant of the information and offer an opportunity for the applicant to respond to the information prior to a decision being made on the application. The commission shall not issue a new license until such time as the reason(s) for the refusal have been corrected.

Source. #12839, eff 7-27-19; ss by #14341 EMERGENCY, eff 8-21-25 (formerly Lot 7209.03); ss by #14503, eff 2-4-26, EXPIRES: 2-4-36 (formerly Lot 7212.04)

Lot 7213.05 Immediate License Suspension.

(a) When the commission receives information indicating that a licensee has knowingly or willfully supplied false or inaccurate information to the commission, the public, or gaming patrons, or when the licensee has engaged in misconduct that poses an immediate danger to the public’s welfare, the commission shall issue an order pursuant to RSA 541-A:30, III, that sets forth the alleged misconduct and immediately suspends the license for up to 10 working days pending commencement of an adjudicatory proceeding. If commenced within 10 working days, the suspension shall continue until there is a decision in the proceeding.

(b) Suspension orders under this section shall include the notice of hearing pursuant to Lot 200.

(c) No hearing date established in a proceeding conducted under this section shall be postponed at the request of the licensee unless the licensee also agrees to continue the suspension period pending issuance of the commission's final decision.

Source. #12839, eff 7-27-19; ss by #14341 EMERGENCY, eff 8-21-25 (formerly Lot 7209.04); ss by #14503, eff 2-4-26, EXPIRES: 2-4-36 (formerly Lot 7212.05)

Lot 7213.06 Consent Agreements.

(a) A “consent agreement” means a document executed by a consenting party and the commission which incorporates both a proposed complaint setting forth the commission's charges and a proposed order by which such charges are resolved by agreement of the parties.

(b) At any time prior to the entry of a final order, the commission or the consenting party may propose that any alleged violation be resolved by a consent agreement.

(c) Consent agreements shall be in writing, signed by all parties, and accurately reflect the terms of the consent agreement, and contain the following provisions, as appropriate:

(1) An admission of all jurisdictional facts by the consenting parties;

(2) A waiver of any rights to an administrative or judicial hearing and of any other procedural steps including any rights to seek judicial review or otherwise challenge or contest the validity of the commission's order;

(3) A statement that the agreement is in settlement of the commission's charges and does not constitute an admission by the consenting party that the law has been violated;

(4) A statement describing the alleged violation;

(5) An acknowledgment that the consent agreement only becomes effective when signed by both a duly authorized representative of each party;

(6) An acknowledgment that the commission may disclose terms of the consent order agreement to the public;

(7) A statement that the consenting party shall comply with the provisions of the agreement and order, and that a violation of the agreement may subject the consenting party to additional penalties; and

(8) A statement that the requirements of the order are in addition to and not to the exclusion of other remedies under this chapter.

(d) If the consent agreement is proposed in a matter that is the subject of a proceeding before a presiding officer, the proposal of the consent agreement shall stay the proceeding until the consent agreement is acted upon by the commission.

(e) An agreement that has been accepted may be vacated or modified upon petition of any party or the commission's own initiative when false statements were relied upon in accepting the agreement, or there are changed conditions of fact or law.

(f) A petition filed in accordance with (e) above shall state the proposed changes in the agreement and the reasons for granting the petition.

(g) A petitioner, or the commission when acting on its own initiative, shall serve a copy of the petition or notice of reconsideration, respectively, on all parties. Parties affected by the petition or notice of reconsideration may file a response within 10 calendar days.

(h) In deciding whether to grant a petition, the commission shall consider the applicable laws and regulations, the magnitude of the alleged violation, and the public interest.

Source. #12839, eff 7-27-19; ss by #14341 EMERGENCY, eff 8-21-25 (formerly Lot 7209.05); ss by #14503, eff 2-4-26, EXPIRES: 2-4-36 (formerly Lot 7212.06)

Lot 7213.07 Right to Contest.

(a) Any person aggrieved by the commission’s decision to take punitive action as described in this part may contest the decision by filing a motion for a rehearing in accordance with (b) below.

(b) Within 30 days of the date on the notice of punitive action issued by the commission, the recipient of the notice may contest the action by filing a motion for rehearing pursuant to RSA 541:3. The action shall become final if the recipient does not file such a motion within the prescribed period of time.

(c) If the commission receives a motion for rehearing in accordance with (b) above, the commission shall proceed in accordance with the provisions of RSA 541, and Lot 200.

(d) If a recipient of a notice fails to submit a motion for rehearing in accordance with (b) above, the penalty shall be affirmed.

(e) The commission shall act on a motion for rehearing within 10 calendar days or suspend the order or decision pending further consideration.

(f) The applicant for a motion for rehearing may petition the supreme court for appeal if the applicant wishes to contest the commission’s decision on a motion for rehearing.

Source. #12839, eff 7-27-19; ss by #14341 EMERGENCY, eff 8-21-25 (formerly Lot 7209.06); ss by #14503, eff 2-4-26, EXPIRES: 2-4-36 (formerly Lot 7212.07)

Lot 7213.08 Subpoenas.

(a) In accordance with RSA 287-D:25, the commission shall, pursuant to (b) below, issue subpoenas for witnesses and for documents relative to investigations or adjudicatory hearings held by the commission.

(b) The commission shall issue a subpoena for the attendance of witnesses or the production of evidence upon a showing that:

(1) The testimony or evidence is necessary, relevant, and non-repetitive; and

(2) The witness or evidence cannot be voluntarily obtained.

Source. #12839, eff 7-27-19, ss by #14341 EMERGENCY, eff 8-21-25 (formerly Lot 7209.07); ss by #14503, eff 2-4-26, EXPIRES: 2-4-36 (formerly Lot 7212.08)

Lot 7213.09 Criminal Penalties. In addition to the penalties described in this chapter, licensees shall also be subject to any applicable criminal penalties provided under RSA 647.

Source. #12839, eff 7-27-19, ss by #14341 EMERGENCY, eff 8-21-25 (formerly Lot 7209.08); ss by #14503, eff 2-4-26, EXPIRES: 2-4-36 (formerly Lot 7212.09)

PART Lot 7214 WAIVER OF RULES

Lot 7214.01 Requesting a Waiver of Rules.

(a) A person may request the commission to grant a waiver from the application of a rule provided the requirements of this section are met.

(b) A request for a waiver shall:

(1) Be in writing;

(2) Include the specific reference to the rule(s) by number for which a waiver is being sought;

(3) Explain the fact(s) which the person relies upon to support the request for a waiver including:

a. Why a waiver is necessary;

b. The alternatives proposed by the requestor; and

c. Why the requestor believes that the waiver being requested meets the criteria in Lot 7214.02(a) below;

(4) For a request to use an alternate control for an enumerated GIS control, demonstrate how the alternate control would:

a. Protect the integrity of gaming offered by the gaming enterprise;

b. Safeguard the critical assets used in connection with the GPE; and

c. Achieve a level of security and integrity sufficient to accomplish the purpose of the GIS control it is to replace; and

(5) Specify the period of time for which the waiver is sought.

Source. #12839, eff 7-27-19; ss by #14341 EMERGENCY, eff 8-21-25 (formerly Lot 7210.01); ss by #14503, eff 2-4-26, EXPIRES: 2-4-36 (formerly Lot 7213.01)

Lot 7214.02 Granting of a Waiver Request.

(a) The commission shall grant the waiver if:

(1) The purpose of the rule would be satisfied by the alternative solution proposed in the request;

(2) When an alternate control for an enumerated GIS control is being requested, the alternate control would:

a. Protect the integrity of gaming offered by the gaming enterprise;

b. Safeguard the critical assets used in connection with the GPE; and

c. Achieve a level of security and integrity sufficient to accomplish the purpose of the GIS control it is to replace;

(3) The waiver does not result in any material prejudices; and

(4) Granting the waiver does not conflict with any applicable statute.

(b) The commission shall render a decision to grant or deny the request for a waiver within 45 days of the filing of the request.

(d) The applicant’s or licensee’s subsequent compliance with the alternatives approved in the waiver shall be considered equivalent to complying with the rule from which waiver was sought.

(e) Waivers shall not be transferable.

Source. #14341 EMERGENCY, eff 8-21-25; ss by #14503, eff 2-4-26, EXPIRES: 2-4-36 (formerly Lot 7213.02)

Lot 7214.03 Renewal of a Waiver.

(a) When a licensee wishes to renew the waiver, the licensee shall apply for a new waiver by submitting the information required by Lot 7214.01(a) above.

(b) The request to renew a waiver shall be subject to Lot 7213.02 above.

Source. #14341 EMERGENCY, eff 8-21-25; ss by #14503, eff 2-4-26, EXPIRES: 2-4-36 (formerly Lot 7213.03)

APPENDIX A

Rule	Specific State Statute the Rule Implements
Lot 7201	RSA 287-D:3, XVII
Lot 7202	RSA 287-D:1, V; and RSA 287-D:3, XVII
Lot 7203	RSA 287-D:3, I-IV, X, XIII, and XIV; RSA 287-D:5-10; and RSA 287-D:13
Lot 7204	RSA 287-D:3, X; RSA 287-D:11-12; and 28 CFR 16.34
Lot 7205	RSA 287-D:3, I-IV, X, XIII, and XIV; and RSA 287-D:5-10
Lot 7206	RSA 287-D: 3, VI and VIII; RSA 287-D:6, IV; RSA 287-D:14; and RSA 287-D:19
Lot 7207	RSA 287-D:3, VI and VIII; RSA 287-D:6, IV; RSA 287-D:9; RSA 287-D:14-16; and RSA 287-D:18
Lot 7208	RSA 287-D:4, I ; RSA 287-D:14; RSA 287-D:18 & 19; and RSA 287-D:22
Lot 7209	RSA 287-D:6, I(g); RSA 287-D:14, XIII & XXI; RSA 287-D:17, I; and RSA 287-D:18
Lot 7210	RSA 287-D:3, XV; RSA 287-D:15; and RSA 287-D:22, VII (a), (q) & (u)
Lot 7211	RSA 287-D:22, VII(a)-(b)
Lot 7212	RSA 287-D:3, VIII; RSA 287-D:20; and RSA 287-D:22
Lot 7213	RSA 287-D:3, V, VI, VIII, IX, XI, XII, & XVII; and RSA 287-D:23-25
Lot 7214	RSA 287-D:3, XVII

APPENDIX B

Rule	Title	Publisher; How to Obtain; and Cost
Lot 7204.02(a)(4)b.	“Multi Jurisdictional Personal History Disclosure Form”	Published by the International Association of Gaming Regulators and available on the NHLGC website at: https://www.compliance.lottery.nh.gov/applications-forms
Lot 7209.09(a)(1)	GLI-11 version 3.0, titled “Gaming Devices”	Technical specifications can be downloaded from Gaming Laboratories International (GLI) website at: https://gaminglabs.com/gli-standards/
Lot 7209.09(a)(2)	GLI-12 version 2.1, titled “Progressive Gaming Devices in Casinos”	See above
Lot 7209.09(a)(3)	GLI-13 version 3.0, titled “Standards for Monitoring and Control Systems and Validation Systems”	See above
Lot 7209.09(a)(4)	GLI-16 version 3.0, titled “Standards for Cashless Systems and Technologies”	See above
Lot 7209.09(a)(5)	GLI-18 version 2.1, titled “Promotional Systems in Casinos”	See above
Lot 7209.09(a)(6)	GLI-20 version 2.0, titled “Standards for Kiosks”	See above
Lot 7209.09(a)(7)	GLI-21 version 2.2, titled “Client-Server Systems”	See above
Lot 7209.09(a)(8)	GLI-24 version 1.3, titled “Electronic Table Game Systems”	See above
Lot 7209.09(a)(9)	GLI-25 version 1.2, titled “Dealer Controlled Electronic Table Games”	See above
Lot 7209.09(a)(10)	GLI-26 version 2.0, titled “Wireless Systems Standards”	See above
Lot 7209.09(a)(11)	GLI-28 version 1.0, titled “Player User Interface Systems”	See above
Lot 7209.09(a)(12)	GLI-29 version 1.0, titled “Card Shufflers and Dealer Shoes”	See above
Lot 7203.04(d)(11) Lot 7211.03(b)(1)a.	GLI-GSF-1 version 1.1, titled “Gaming Information Security (GIS) Controls Audit – Common Controls”	See above
Lot 7203.04(d)(11) Lot 7211.03(b)(2)	GLI-GSF-2 version 1.0, titled “Gaming Technical Security (GTS) Assessment”	See above
Lot 7203.04(d)(11) Lot 7211.03(b)(1)b.1.	GLI-GSF-3 version 1.0, titled “Gaming Information Security (GIS) Controls Audit—Vendor Controls”	See above
Lot 7203.04(d)(11) Lot 7211.03(b)(1)b.2.	GLI-GSF-4 version 1.0, titled “Gaming Information Security (GIS) Audit—Landbased Gaming Controls”	See above

APPENDIX C

Section 287-D:23

287-D:23 Penalties. –
I. In addition to any other penalties provided by law, any person who violates RSA 287-D shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.
II. Each day on which a game of chance is played in violation of RSA 287-D shall constitute a separate offense.
III. The lottery commission may suspend or revoke the license of any licensee who violates any provision of this chapter or for just cause shown. Any licensee whose license is revoked shall not be eligible for licensure for a period of up to one year from the date of revocation.
IV. (a) Any person who purposely or knowingly makes a false entry in any report required under this chapter which results in a reduction of revenues due to a charitable organization shall be guilty of a class A felony.
(b) Any person who recklessly or negligently makes a false entry on any report required under this chapter which results in a reduction of revenues due to a charitable organization shall be guilty of a class A misdemeanor.
(c) Any game operator employer or game operator who fails to remit to a charitable organization all revenues due under this chapter shall be guilty of a class A felony.
V. Any game operator employer or game operator who fails to pay the charitable organization all moneys required by this chapter shall be guilty of a class B felony for any amount less than $500, and a class A felony for any amount equal to or greater than $500.
VI. Any person who violates any provision of RSA 637 in a manner that deprives the charitable organization of any moneys required by this chapter, notwithstanding the penalties set forth in RSA 637:11, shall be guilty of a class B felony for any amount less than $500, and a class A felony for any amount equal to or greater than $500.
VII. In addition to any other penalty imposed under this chapter, a charitable organization that suffers a loss caused by the violation of any provision of this chapter may bring a civil action for actual damages suffered. If the court finds that the violation was committed purposefully or knowingly, it shall award enhanced compensatory damages of not less than 2 times the amount of actual damages suffered, and may award up to 3 times the amount of actual damages suffered. In any civil action, the prevailing party shall be awarded court costs and reasonable attorney's fees. No waiver of the provisions of this paragraph shall be enforceable.
VIII. The lottery commission may issue an order requiring any person or organization to comply with this chapter or any rule adopted pursuant to this chapter, and may require such remedial measures as may be necessary.
IX. The lottery commission may impose an administrative fine scaled to reflect a violator's prior history of noncompliance with laws pertaining to games of chance and the scope and severity of the violation, after notice and hearing, pursuant to rules adopted under RSA 541-A, for any violation of this chapter, any rule adopted under this chapter, any license issued pursuant to this chapter, or any order issued pursuant to this chapter, or upon any person who makes or certifies to a material false statement relative to any application or report required by this chapter. In determining the amount of a fine, the lottery commission may take into consideration all relevant circumstances, including: the degree of noncompliance, the extent of harm caused by the violation, the nature and persistence of the violation, the time and cost associated with the investigation by the state, and the economic impact of the violation on the state or the charitable organization conducting or sponsoring the game. No administrative fine imposed under this paragraph shall preclude the imposition of other penalties as provided by law. Rehearings and appeals from a decision of the lottery commission under this paragraph shall comply with RSA 541. Fines imposed by the lottery commission shall be as follows:
(a) The fine for a minor violation shall be not less than $25 and not more than $500 per violation. A minor violation shall be one where the lottery commission determines that the potential for harm to the interests of the state and the charitable organization, as well as the integrity of charitable gaming is minor and may include, but is not limited to, the failure of a game operator, a game operator employer, charitable organization, or charitable organization member to:
(1) Wear a properly issued badge;
(2) Post 2 copies of the laws and rules;
(3) Have a diagram available for each table where games of chance are being played indicating the type of game being played, the bet amount, the buy-in amount, and the re-buy amounts as applicable; or
(4) Publicly display the name of the charitable organization.
(b) The fine for a moderate violation shall be not less than $250 and not more than $1,500 per violation. A moderate violation shall be one where the lottery commission determines that the potential for harm to the interests of the state and the charitable organization, as well as the integrity of charitable gaming is moderate and may include, but is not limited to, a game operator, game operator employer, charitable organization, or charitable organization member:
(1) Filing a late financial report;
(2) Operating a game not specifically listed on the game schedule;
(3) Operating a game on a different date than licensed without approval of the lottery commission;
(4) Committing 3 or more minor violations within 2 years; or
(5) Knowingly operating a game of chance without a representative of the charitable organization present as specified in RSA 287-D:14, XI.
(c) The fine for a major violation shall be not less than $1,000 and not more than $5,000 per violation. A major violation shall be one where the lottery commission determines that the potential for harm to the interests of the state and the charitable organization, as well as the integrity of charitable gaming is major and shall include, but is not limited to, a game operator, game operator employer, charitable organization, or charitable organization member:
(1) Operating a game of chance without a license;
(2) Operating a game of chance without having the personnel or officials required;
(3) Purposely operating a game of chance without a representative of the charitable organization present as specified in RSA 287-D:14, XI;
(4) Operating a game of chance with game operators who are not licensed;
(5) Failing to establish or maintain a New Hampshire bank account; or
(6) Committing 5 or more minor violations or 3 or more moderate violations within 2 years.
(d) The lottery commission may suspend any part of a fine for just cause.
X. All fines imposed by the lottery commission shall be deposited in the special fund established pursuant to RSA 284:21-j.

Source. 2014, 329:1. 2015, 276:127, eff. July 1, 2015