New Hampshire Revised Statutes 287-D:19 – Facilities; Rental
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I. If a charitable organization operates games of chance itself, such games of chance shall be conducted within a facility that is:
(a) The charitable organization’s primary meeting place, whether owned absolutely or rented;
(b) Used by the charitable organization without payment or any compensation; or
(c) Rented by the charitable organization for the express purpose of conducting games of chance; provided that:
(1) The charitable organization shall only rent a facility by means of a fixed rental payment, and such agreement shall be approved by the lottery commission.
(2) The fixed rental payment shall not be based on a percentage of what the charitable organization receives from the game of chance and it shall reflect fair rental value of the property for any use, not only as a place to hold a game of chance.
(3) Any contract for the rental of a facility for a game of chance shall be independent of any contract for the rental of equipment. No contract for the rental of a facility for a game of chance shall be contingent upon the charitable organization’s agreement that it will contract with a particular business for a particular facility or equipment.
II. (a) If a charitable organization contracts for services from a game operator employer licensed under N.H. Rev. Stat. § 287-D:8, the game operator employer shall provide equipment and shall not charge the charitable organization for such equipment. No charitable organization shall receive less than 35 percent of the gross revenues from any games of chance minus any prizes paid and rental charge under subparagraph (b).
(b) If a game operator employer charges rent, such charge shall be by written agreement and shall be a fixed payment, not based on a percentage of what the charitable organization receives from the game of chance, and shall reflect fair rental value of the property for any use, not only as a place to hold a game of chance.
(c) Any service or rental agreement entered into by the charitable organization shall be submitted with the charitable organization’s license application for review by the lottery commission.
(d) Under no circumstances shall a charitable organization sustain any loss from games of chance, such that its share of the gross revenues minus any prizes paid, and any rent paid or due, is less than zero dollars, during a license period with a single game operator.
(e) All contracts between a game operator employer and a charitable organization to conduct games of chance under this chapter shall contain the following language: “This agreement represents the entire agreement between the parties. No charge or fee of any kind that is not contained in this agreement shall be paid by the charity.”
(f) No fee for any service which is required by or provided by the game operator employer or primary game operator shall be allowed.
(a) The charitable organization’s primary meeting place, whether owned absolutely or rented;
Terms Used In New Hampshire Revised Statutes 287-D:19
- Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
- Contract: A legal written agreement that becomes binding when signed.
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
(b) Used by the charitable organization without payment or any compensation; or
(c) Rented by the charitable organization for the express purpose of conducting games of chance; provided that:
(1) The charitable organization shall only rent a facility by means of a fixed rental payment, and such agreement shall be approved by the lottery commission.
(2) The fixed rental payment shall not be based on a percentage of what the charitable organization receives from the game of chance and it shall reflect fair rental value of the property for any use, not only as a place to hold a game of chance.
(3) Any contract for the rental of a facility for a game of chance shall be independent of any contract for the rental of equipment. No contract for the rental of a facility for a game of chance shall be contingent upon the charitable organization’s agreement that it will contract with a particular business for a particular facility or equipment.
II. (a) If a charitable organization contracts for services from a game operator employer licensed under N.H. Rev. Stat. § 287-D:8, the game operator employer shall provide equipment and shall not charge the charitable organization for such equipment. No charitable organization shall receive less than 35 percent of the gross revenues from any games of chance minus any prizes paid and rental charge under subparagraph (b).
(b) If a game operator employer charges rent, such charge shall be by written agreement and shall be a fixed payment, not based on a percentage of what the charitable organization receives from the game of chance, and shall reflect fair rental value of the property for any use, not only as a place to hold a game of chance.
(c) Any service or rental agreement entered into by the charitable organization shall be submitted with the charitable organization’s license application for review by the lottery commission.
(d) Under no circumstances shall a charitable organization sustain any loss from games of chance, such that its share of the gross revenues minus any prizes paid, and any rent paid or due, is less than zero dollars, during a license period with a single game operator.
(e) All contracts between a game operator employer and a charitable organization to conduct games of chance under this chapter shall contain the following language: “This agreement represents the entire agreement between the parties. No charge or fee of any kind that is not contained in this agreement shall be paid by the charity.”
(f) No fee for any service which is required by or provided by the game operator employer or primary game operator shall be allowed.