1. (a) Each applicant to be an ADW provider shall submit the following to the commission at least 60 days prior to the date on which they seek to begin offering ADW to New Hampshire residents:

   1. (1) A completed “Application to Offer Advance Deposit Wagering” form (12/2025), which shall include a certification affirming that:

      1. a. The individual signing the application is authorized to do so on behalf of the entity and is an individual listed in section 4 of the application; and
      2. 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. (2) The following supporting documentation:

      1. a. Documentation of registration with the New Hampshire secretary of state that includes the registration number and indicates that the applicant is registered to do business in New Hampshire;
      2. b. Evidence of financial responsibility in accordance with Lot 8105.01 below; and

      3. c. If the applicant or any parent, subsidiary, or affiliated company has ever had a gaming license denied, suspended, or revoked by this or any other state, all pertinent details including:

         1. 1. The name and affiliation of the entity affected by the action;
         2. 2. The date and length of the suspension or revocation; and
         3. 3. The state or jurisdiction where the license was held;

   3. (3) A plan of operation, which shall include:

      1. a. Procedures for account holders to open and close accounts;
      2. b. Procedures for account holders to deposit funds, and withdraw funds, in part or in full;
      3. c. Methods to verify the identity and residency of account holders and ensure that all account holders are natural persons who are at least 18 years of age;
      4. d. Procedures to protect the security of account holders' accounts and information;
      5. e. Procedures to ensure that wagers are only accepted from account holders who have sufficient funds on deposit and that no credit is extended by the ADW provider to an account holder;
      6. f. Procedures for keeping accurate records of all deposits, withdrawals, wagers, winning payoffs, and any other credit and debit to an account;
      7. g. Methods of resolving disputes with account holders, which meet the requirements of Lot 8109;
      8. h. A responsible gaming plan, which shall include methods for persons to self-exclude for a specified period of time or permanently;
      9. i. Procedures to make tax withholdings and provide tax and revenue reporting as required by federal law;
      10. j. Procedures to address the transfer of funds held by deceased account holders;
      11. k. Copies of terms of use and privacy policies, as applicable, provided to account holders at the time of opening an account;
      12. l. Certification from an authorized officer of the applicant that background checks have been performed on all officers and principal management employees and that they have not in any jurisdiction been convicted 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;
      13. m. Certification from an authorized officer of the applicant that all advance deposit wagering to be offered to New Hampshire residents will be conducted in compliance with the Interstate Horseracing Act of 1978, United States Code, Title 15, section 3001 et seq.;
      14. n. A list of all websites and mobile applications the ADW provider and its ADW affiliates will utilize to offer ADW;
      15. o. A chart illustrating the organizational structure including parent companies, subsidiaries, and affiliated companies; and
      16. p. For applicants structured as a limited liability corporation (LLC), a copy of the LLC’s operating agreement outlining the company’s ownership, management, and each member’s rights and responsibilities.

2. (b) Within 45 days of receiving a completed application, the commission shall issue a license when:

   1. (1) The application form is complete, including the submission of all supporting documentation required by section (a) above;
   2. (2) The commission has received the plan of operation that addresses all of the requirements listed in Lot 8103.02(a)(3);
   3. (3) The information provided on the application and on all supporting documentation is current and accurate;
   4. (4) The applicant is authorized to transact business in the state of New Hampshire;
   5. (5) The applicant has not made materially false statements in the application or in any documentation that was submitted as part of the application;
   6. (6) For renewal applications, the applicant is current on all payments due pursuant to Lot 8106.01; and
   7. (7) The applicant otherwise meets the qualifications for licensure as specified in RSA 284:22-c or this chapter.
3. (c) If at any time prior to licensure the information provided to the commission in accordance with this chapter has changed, or is otherwise found to be inaccurate, the applicant shall submit updated or corrected information to the commission within 15 days of the event that resulted in the change, or discovery of the inaccuracy.

4. (d) Licenses to offer ADW shall expire either:

   1. (1) Three years from the initial date of licensure; or
   2. (2) Ninety days after a required payment under Lot 8106.01 has failed to be submitted, whichever occurs first.

Source. #14448, eff 12-3-25, EXPIRES: 12-3-35