1. (a) In accordance with RSA 287-E:7, I, bingo events shall only be offered by charitable organization possessing a current and valid license issued by the commission in accordance with RSA 287-E and this chapter.
2. (b) In accordance with RSA 287-E:1, V(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 bingo games or Lucky 7.

3. (c) To be eligible for licensure, the charitable organization shall:

   1. (1) 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;
   2. (2) Not appear on the Internal Revenue Service’s current “Auto Revocation List”, unless it can otherwise prove that its tax-exempt status has been reinstatement;
   3. (3) Be a bona fide religious, charitable, civic, veterans, or fraternal organization in good standing, and registered with the secretary of state for one or more years prior to the application as a domestic non-profit authorized to do business in New Hampshire; and
   4. (4) Be in good standing and registered with the director of charitable trusts, if required under RSA 7:19 through RSA 7:32.

4. (d) To obtain a determination of eligibility to participate in charitable gaming, the charitable organization shall submit a completed “Charitable Organization Eligibility Determination Application” form (11/2024) which shall include a certification affirming that:

   1. (1) The individual signing the application is authorized to do so on behalf of the organization and is an individual listed in section 3 of the application; and
   2. (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.

5. (e) The applicant shall also provide the following document with the application, if applicable:

   1. (1) If the organization’s tax-exempt status is not available on the IRS website, an affirmation letter or letter of determination from the IRS that indicates the organizations tax exempt status; and
   2. (2) If the charitable organization is part of a group ruling, a determination letter from the parent organization from the IRS, or a letter from the parent organization affirming that the applicant is in good standing.
6. (f) The charitable organization shall submit the completed “Charitable Organization Eligibility Determination Application” form (11/2024) to the commission at least 30 days prior to the first proposed game date.
7. (g) The commission shall deem a charitable organization eligible to participate in charitable gaming when, based on the documentation provided in accordance with (d) above, it finds that the charitable organization meets the eligibility requirements as set forth in (c) above.
8. (h) 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 in accordance with Lot 7008.04 below.

9. (i) To obtain a license to operate a bingo event, an eligible charitable organization shall submit the following to the commission at least 15 but no more than 45 days prior to the first proposed game date of the month for which the license has been requested:

   1. (1) A “Monthly Bingo / Lucky 7 License Application” form (11/2024), which shall include a certification affirming that:

      1. a. The individual signing the application is authorized to do so as the leader or treasure of the organization;
      2. b. The organization has implemented and will adhere to written house rules and internal control procedures that meet the requirements of Lot 7005.06 and Lot 7006.01 respectively;
      3. c. Only bona fide members of the charitable organization will operate the games except as otherwise allowed in accordance with RSA 287-E:7;
      4. d. Only individuals who have not 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 violated the statutes or rules governing charitable gambling; and
      5. e. 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 and an acknowledgement that giving false information is grounds for denial, suspension, or revocation of a gaming license; and
   2. (2) Payment of the licensing fee of $25 per bingo event, as established by RSA 287-E:4, I.
10. (j) Upon request of the commission, the individual signing the application shall show proof that the individual is either the leader or treasurer of the charitable organization authorized to sign the application on behalf of the organization, such as providing copies of the meeting minutes at which the governing body authorized such authority.
11. (k) In accordance with RSA 287-E:6, no more than one license shall be issued to a charitable organization per calendar month, and the license shall permit no more than 16 dates of bingo in one month.
12. (l) If at any time the charitable organization discovers that information provided in accordance with (c)-(f) above has changed, or is otherwise found to be inaccurate, the charitable organization 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. #13067, eff 6-26-20; ss by #14138, eff 11-27-24, EXPIRES: 11-27-34)