Code of Massachusetts Regulations › 961 CMR - STATE LOTTERY COMMISSION › Title 961 CMR 4.00 - Regulations Concerning Certain Raffle And Bazaar Permits › Section 4.04 - Conduct of Games

Current through Register 1525, July 5, 2024
(1)
Workers.
(a)
Member-in-Charge
. Every Licensed Organization shall
			 designate a bona fide, active member o f the licensee to b e in charge of and
			 primarily responsible for each Function. The member-in-charge shall have been a
			 member in good standing of the Licensed Organization for at least two years.
			 The member-in-charge shall supervise all activities and be responsible for the
			 conduct of all Games of Chance during the Function of which he is in charge
			 including the preparation of the Financial Report required by
			 961 CMR
			 4.05(1)(a). The
			 member-in-charge or his qualified designee shall be present on the premises
			 continuallduring the Function and shall be familiar with the provisions of the
			 Raffle/Bazaar Law, applicable ordinances and local laws,
			 961 CMR 4.00 and the terms of
			 the permit.
(b)
List of
			 Workers
. A Licensed Organization conducting a Function shall
			 prepare and have available on the premises a list of all persons taking part in
			 the management or operation of the Function. Such list shall be maintained as
			 part of the permitee's records of the Function and shall be made available to
			 any law enforcement officer or representative of the Commission upon
			 request.
(c)
Participation of Worker Restricted
. No person shall
			 assist in the conduct of a Function except a bona fide member of the Licensed
			 Organization whose name appears on the lists required by 971 CMR 4.03(3) and
			 4.04(1)(b).
(d)
Bona
			 Fide Member
. For the purposes of eligibility to participate in
			 managing or otherwise assisting in the operation of a Function, a person is a
			 bona fide member of the Licensed Organization only when he or she:
1. Has become a member prior to the
			 commencement of the Function and such membership was not dependent upon, or in
			 any way related to the payment of consideration to participate in, any gambling
			 activity; and
2. Has held full and
			 regular membership status in the Licensed Organization for a period of not less
			 than three consecutive months prior to the subject Function; and
3. Has paid any reasonable initiation or
			 admission fees for membership, and/or any dues, consistent with the nature and
			 purpose of the Licensed Organization and with the type of membership obtained
			 and is not in arrears in payment of any such fees or dues; and
4. Has met all other conditions required by
			 the Licensed Organization for membership and is in all respects a member in
			 good standing at the time of the subject Function.
A person may also be a bona fide member of a bona fide
				charitable or bona fide nonprofit organization affiliated with or auxiliary to
				his or her Licensed Organization, or to which his or her own Licensed
				Organization is auxiliary, when he or she meets all of the standards set out
				above respecting his or her own Licensed Organization.
(e)
Identification
			 Required
. The member-in-charge and those assisting him in any
			 capacity shall possess and display such identification as may be specified by
			 the Director.
(f)
Officer Responsible for Gross Receipts
. The Licensed
			 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's name shall appear on the list required
			 under 961 CMR 4.04(1)(b) and such officer shall be a person other than the
			 person designated member-in-charge pursuant to 961 CMR 4.04(1)(a).
(g)
Workers Titles and
			 Responsibilities
.
1. Banker -
			 Duties, Responsibilities and Limits;
a. Obtain
			 operating bankroll (cash and chips, script or the like).
b. Provide opening fills to
			 cashiers.
c. May be combined with
			 duties of cashier.
2.
			 Cashier(s) - Duties, Responsibilities and Limits:
a. Receives opening transfer of chips from
			 banker. (May also perform the banker function if there is only one
			 cashier).
b. Provides opening fills
			 to games.
c. Redeems chips, script
			 or the like from players.
3. Runner(s) - Duties, Responsibilities and
			 Limits:
a. Transfer fills and refills from
			 cashier(s) to games.
b. Deliver
			 lockboxes from games to count room.
c. Initial fillreceipt when picking up fill
			 from cashier.
d. Assure that dealer
			 initials fill receipt.
e. Assure
			 that fill receipt is placed in lockbox.
f. Assure that time is entered on the fill
			 receipt.
g. May provide information
			 from count room to pit boss on receipts by game.
4. Dealer - Duties, Responsibilities and
			 Limits:
a. Verify amount received at game and
			 initial fill receipt.
b. Place
			 signed copy of fill receipt in lockbox.
5. Pit Boss - Duties, Responsibilities and
			 Limits:
a. Supervises not more than six
			 gambling stations.
b. Supervises
			 the final transfer of the chip tray and lockbox to the count room.
c. May, if desired, have records of fills to
			 game and receipts from game provided by the count room.
6. Count Room Personnel - Duties,
			 Responsibilities and Limits:
a. Receive
			 lockboxes from games (runners).
b.
			 Maintain key(s) to all lockboxes.
c. Open lockboxes and count money.
d. Record money and fill receipts from
			 lockboxes by game. May supply information on receipts by table to pit
			 boss.
e. Receive ending trays and
			 lockboxes from games. Verify final tray counts and enter into
			 records.
f. Maintain records by
			 game and in summary of all transactions of the event.
g. Receive ending bankrolls and records from
			 banker and/or cashier(s) at the conclusion of the event.
h. Prepare final computation of
			 receipts.
i. Prepare deposit slips
			 for all cash at the end of the function.
(h)
Payment of Workers
			 Prohibited
. No commission, salary, compensation, reward,
			 recompense, reimbursement of expenses or gift or other consideration shall be
			 paid directly or indirectly, to any person for conducting or assisting in the
			 conduct of any Function except as hereinafter provided for bookkeepers or
			 accountants who assist by rendering their professional services. No tip,
			 gratuity or gift or other consideration shall be given or accepted by any
			 person conducting or assisting in the conduct of a Function either directly or
			 indirectly, and one or more signs prohibiting tipping shall be prominently
			 displayed in each playing area. No person shall solicit or receive any gift or
			 donation or other consideration directly or indirectly on the premises during
			 the conduct of a Function.
(i)
Compensation of Bookkeepers and Accountants
.
			 Bookkeepers and Accountants may receive reasonable compensation for necessary
			 services ordinarily incidental to the operation of a Function. Any bookkeeper
			 or accountant receiving any compensation under 961 CMR 4.04 shall not
			 participate or assist in any other capacity under this or any other section of
			 961 CMR 4.00.
(j)
Persons Performing Incidental
			 Services
. Persons who perform only the following incidental
			 services in connection with a Function shall not be deemed to be participating
			 in the "management or operation" of such an event requiring that persons
			 participating in the management or operation of the event be members of the
			 Licensed Organization.
1. The serving of food
			 and drink to participants in the occasion.
2. Actingas a police officer for the purposes
			 of maintaining general crowd control and order at the Function, or to detect
			 persons cheating the participants or the house, when that person is a
			 commissioned law enforcement officer with the power to make arrests in the
			 jurisdiction in which the Function is being held or is the employee of a
			 commercial securities service firm Licensed by the Department of Public
			 Safety.
3. Providing janitorial
			 functions;
4. Persons whose
			 participation is limited to supervising personnel carrying out the functions
			 enumerated in 961 CMR 4.04(1)(j)1., 2. and 3.
Provided, that the payment of persons to perform these
				functions does not exceed the local prevailing level of payment for similar
				services.
(k)
Regular Salary for Licensee's Employee not "Compensation" for Work
			 on Functions under Certain Conditions
. The salary of a regular and
			 full time employee, or a regular but part time employee, if the Licensed
			 Organization has employed that part time position for the past two consecutive
			 years, of a Licensed Organization shall not be deemed "compensation" for work
			 performed by the employee in connection with a Function conducted by that
			 organization when all of the following conditions are met:
1. The position held by the employee has been
			 created for purposes unrelated to the conduct o f a Function and required the
			 performance of duties is generally unrelated to Functions. The employee's
			 contribution to a Function must be an incidental part of his or her total
			 duties, consisting of less than 1% of the total time worked for the
			 organization; and
2. The employee
			 is paid on a recurring basis on a regular and established rate throughout the
			 calendar year, unrelated to the income produced by any Function; and
3. The employee does not operate any Game of
			 Chance at any Function conducted by the organization but confines his or her
			 services in connection with the event to assisting the organization's other
			 members with the overall planning and organization of the event and with
			 supervision of the supporting services for the event.