270-RICR-50-00-1. Rules and Regulations Games of Chance (version Periodic Refile, 12/28/2001 to 01/05/2007)

THE STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS DIVISION OF STATE POLICE RULES AND REGULATIONS GOVERNING GAMES OF CHANCE (RAFFLES) HONORABLE LINCOLN ALMOND COLONEL STEVEN M. PARE GOVERNOR SUPERINTENDENT STATE OF RHODE ISLAND RHODE ISLAND STATE POLICE RULES AND REGULATIONS GOVERNING GAMES OF CHANCE Chapter 1- General Provisions 1.1 Scope A change in the law in the State of Rhode Island enacted by the Rhode Island Legislature during the January 1979 session created the necessity for all games of chance to be authorized by the Rhode Island State Police. Title 11, Chapter 19, Section 30.1 specifically enumerated this requirement of authorization by the Rhode Island State Police as well as other specific requirements controlling Games of Chance (replaced by Title 11, Chapter 19, Section 36 in 1983). These are the guidelines adopted by the Rhode Island State Police in accordance with the statute providing for dual control of licensing games of chance by the Police Department of the cities or towns in which the games are to take place and authorization by the Superintendent of the Rhode Island State Police or his designee, of these games of chance. These rules and regulations are issued by the Superintendent of the Rhode Island State Police to allow the conduct of games of chance in the State of Rhode Island. 1.2 Organizations Permitted to Promote, Carry on or Conduct a Game of Chance The only organizations eligible to promote, carry on or conduct a game of chance are religious, charitable, fraternal, civic, educational, or Veterans organizations. No other type of organization or any individual is permitted to carry on or conduct a game of chance except as noted in section 1.6. 1.3 Definition of a Game of Chance Any game wherein the element of chance predominates over the element of skill in the possibility of winning a prize with pecuniary consideration being involved to participate. 1.4 Necessary Criteria for Organizations to be Deemed to be Eligible to Promote, Carry On or Conduct a Game of Chance For the purpose of operating games, the enumerated organizations; namely religious, charitable, fraternal, civic, educational, or Veterans organizations should have a charter as a non-profit organization from the State of Rhode Island in existence for a period of at least one-year prior to their request for authorization to promote, carry on or conduct a game of chance. The Charter of this non-profit organization should be in full force and effect and in full compliance with all of the requirements of the corporate laws of the State of Rhode Island. 1.5 Membership Requirements for Persons Conducting Games of Chance It is mandatory that any and all persons conducting games of chance for organizations that have been duly authorized and licensed be bona fide members of this organization for at least one year prior to their participation in this game of chance. The membership records of the organization authorized and licensed to conduct a game of chance must be filed with the Superintendent of the Rhode Island State Police prior to authorization and any and all records pertaining to membership must be made available to the Superintendent of the Rhode Island State Police, or designee, upon request. 1.6 Political Committees Exempt from 20 Week Club and Raffles Section 11-19-1.1 of the General Laws entitled “ Gambling and Lotteries” reads as follows: Any state, city, town, ward or district committee elected pursuant to the provisions of Title 17 or certified candidates, but not both, as defined in Title 17 shall be allowed to conduct that lottery commonly known as a “ twenty (20) week club” or conduct a raffle once within a twelve (12) month period subsequent to notifying the lottery commission. Chapter 2- Procedures 2.1 Method of Obtaining Authorization to Promote, Carry on or Conduct a Game of Chance Application for a license to conduct a game of chance for a specific date or dates shall in the first instance be made to the Police Department of any city or town in which such games are to take place and be conducted. Said application for a license must set forth the name of the organization, the names, dates of birth and resident addresses of the principal officers and persons conducting such game and other additional terms and conditions as the Police Department of said city or town may prescribe. The city or town Police Department shall investigate this application and then forward the completed application along with the information from their investigation to the Superintendent of the Rhode Island State Police who shall consider it for authorization under the terms of the enabling statute and these rules and regulations. The Rhode Island State Police, through its Superintendent or designee, shall act upon the application for authorization and shall forward its determination back to the city or town Police Department with specific recommendations, with no license being issued by the police department if authorization is denied by the Superintendent of the Rhode Island State Police or designee. In the event that authorization is granted by the Superintendent of the Rhode Island State Police or designee, the city or town Police Department may grant a license with any limitation it may wish to impose on the operation of the game of chance. Upon issuance of said license by the local police department, a copy of the license shall be forwarded to the Superintendent of the Rhode Island State Police. Application to the local or city police department shall be made at least sixty (60) days before the commencement of said game. The Chief of Police is responsible for forwarding said application to the Superintendent of the Rhode Island State Police thirty (30) days prior to commencement of said game. The charitable organization shall apply for approval pursuant to this section and shall pay to the Rhode Island State Police an application fee of five ($5.00) as provided for in Rhode Island General Laws 11-19-37. 2.2 Display of License Every licensed organization shall prominently display its license in any area visible to the general public that utilizes the facilities of this organization. 2.3 Bingo or Beano Games Bingo or Beano Games shall continued to be licensed pursuant to the statutory provisions of Title 11, Chapter 19, section 30, et. seq. 2.4 Proceeds of Games of Chance The entire proceeds of the charges for admission to and participation in such games of chance that has been duly licensed, after deducting expenses for rent, heat, light, prizes and equipment, and other reasonable expenses shall be applied and expended exclusively for charitable purposes and for no other purposes whatsoever. Any organization that is otherwise eligible for authorization and licensed to operate a game of chance shall not be authorized nor issued a license if the proceeds, after legally cognizable expenses are deducted, are not used exclusively for charitable purposes. Within sixty (60) days of the completion of the duly licensed game of chance, the organization shall file a complete report with the local police department and the Superintendent of the state Police. The report shall contain the money received, a final statement of expenses, and the uses to which the net profit is to be applied. Chapter 3- Conduct of Games 3.1 Location and Persons Involved a. Locations at which games of chance are conducted must be the location specified in the application for a license and this location must be accessible to all members of the Rhode Island State Police personnel in order to confirm the information contained in the application and to ascertain that the rules and regulations as set forth herein are being followed by the licensed organization. b. The conduct of games of chance by the licensed organization can only be carried out and conducted by bona fide members of the organization serving without any compensation whatsoever, as there names appear on the application. Should any third parties participate in the conduct of the games of chance under the guise of a licensed organization or under the guise of being a bona fide member, when in fact he or she is not, then this shall be grounds for immediate revocation of the organization’s license to conduct a game of chance. c. No person shall participate in a game of chance who is under the age of eighteen (18) years old. d. A license issued pursuant to these regulations shall not be transferable or extendible to third parties. 3.2 Equipment Utilized for Games of Chance No equipment for the operation of a game of chance by a duly licensed organization shall be utilized that has not been either purchased, rented or obtained from an individual or organization that has been licensed to furnish or sell said equipment by the Superintendent of the Rhode Island State Police or designee. Only that equipment that is specifically licensed by the Superintendent of the Rhode Island State Police, or designee, shall be utilized in any manner whatsoever in the conduct of games of chance in the State of Rhode Island. Any violation of this rule will subject those persons to arrest and prosecution under the State’s gambling statutes. 3.3 Specific Games NOT Allowed a. Dice game, commonly known as “ craps” b. Roulette c. Pull tab lottery tickets d. Horse Racing game films e. Shell games f. Chuck-a-Luck- simple dice game g. Blackjack- card game h. Over and Under-simple dice game i. Big 6 wheel j. Color Wheel k. Horse Wheel l. Beat the Dealer- simple dice game m. Dice Wheel n. Red and Black Wheel o. Merchandise Wheel p. Poker- card game q. Any games of chance not specifically authorized by the Superintendent of the Rhode Island State Police. 3.4 Games Allowed Only games of chance authorized by the Rhode Island State Police shall be permitted. The authorized games of chance are a. Raffle b. (#) week club RULES AND REGULATIONS GOVERNING GAMES OF CHANCE Table of Contents Chapter 1- General Provisions 1.1 Scope 1.5 Organizations Permitted to Promote, Carry on or Conduct a Game of Chance 1.6 Definition of a Game of Chance 1.7 Necessary Criteria for Organizations to be Deemed to be Eligible to Promote, Carry On or Conduct a Game of Chance 1.5 Membership Requirements for Persons Conducting Games of Chance 1.6 Political Committees Exempt from 20 Week Club and Raffles Chapter 2- Procedures 2.4 Method of Obtaining Authorization to Promote, Carry on or Conduct a Game of Chance 2.5 Display of License 2.6 Bingo or Beano Games 2.4 Proceeds of Games of Chance Chapter 3- Conduct of Games 3.5 Location and Persons Involved 3.6 Equipment Utilized for Games of Chance 3.7 Specific Games NOT Allowed 3.8 Games Allowed