Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 13.00 - Regulations Governing Bazaars › Section 13.03 - 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 of the licensee to be 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 during
			 the Function of which he is in charge including the preparation of any
			 financial reports required by law. The member-in-charge or his qualified
			 designee shall be present on the premises continually during the Function and
			 shall be familiar with the provisions of the Raffle/Bazaar Law, applicable
			 ordinances and local laws, Regulations, 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 permitees' records
			 of the Function and shall be made available to any law enforcement
			 officer.
(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 940 CMR 13.03(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
			 Organizaticn 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 identification.
(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 940 CMR 13.03(1)(b) and such officer
			 shall be a person other than the person designated member in charge pursuant to
			 940 CMR 13.03(1)(a).
(g)
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.
(h)
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 940 CMR
			 13.03 shall not participate or assist in any other capacity under 940 CMR 13.03
			 or any other section of 940 CMR.
(i)
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. Serving food and/or drink to
			 participants at the Function.
2.
			 Acting as 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. Supervising personnel carrying out the
			 functions enumerated in 940 CMR 13.03(1)(i)1., 2., and 3., without
			 participating further in the Function.
Provided, that the payment of persons to perform these
				functions does not exceed the local prevailing level of payment for similar
				services.
(j)
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 of a Function and the required 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 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.