Section 38. Any fraternal organization having chapters or branches in at least one other New England state, or any corporation organized under the provisions of chapter 180, any religious organization under the control of or affiliated with an established church of the commonwealth and any veterans' organization incorporated or chartered by the Congress of the United States or listed in clause (12) of section 5 of chapter 40, any volunteer, non-profit fire company or similar organization furnishing public fire protection, any voluntary association for promotion of the interests of retarded children, the Boston Firemen's Relief Fund, any volunteer, non-profit organization furnishing a public ambulance service, and non-profit athletic associations, desiring to operate or conduct the game commonly called beano, or substantially the same game under another name, in connection with which prizes are offered to be won by chance, may upon application to the state lottery commission be granted a license to conduct said game in a city or town which has voted to allow granting of licenses for the operation, holding or conducting of said game therein; provided, that the application of such organization is in the case of a city, other than the city of Boston, approved by the majority of the city council and approved by the mayor, in a town by the board of selectmen, and in the city of Boston by the licensing board for said city; and provided further, that such organization has been in existence for at least five years immediately prior to the date of making application for such license.
The fee for such license shall be determined annually by the commissioner of administration under the provision of section 3B of chapter 7. The proceeds of said fees shall be paid into the treasury of the commonwealth and shall be used by the commission to defray the cost of administering this section, subject to appropriation.
Such license may be revoked at the discretion of the director and shall be suspended or revoked upon written request to the director by the city or town approving authority as set forth above in this section. The action of the director in suspending or revoking a license shall be final, and the licensee shall not have a right of appeal.
Each organization licensed shall be limited to conducting such game to two days in each calendar week; provided, however, that on one of such days each license shall limit the playing of said game to the hours between 6:00 p.m. and 12:00 midnight and on the other of such days said license shall limit the playing of said game to the hours between 1:00 p.m. and 6:00 p.m. and said days and appropriate times shall be set forth in the license.
On not more than three occasions in one calendar year a licensee may change the date on which such beano game is to be conducted; provided, however, that the new date falls on the same day of the week according to the terms of the license; and provided, further, that said licensee shall notify the commission of such change no less than 30 days prior to said new date.
No licensee shall give a prize that exceeds $100 in value except as otherwise provided in this paragraph. A licensee may conduct: (a) games incorporating bonus cards, which shall increase the prize in direct relation to the cost of said bonus cards, and which shall in no event increase the prize by more than 100 per cent; (b) special games, so-called, for which prizes shall not exceed $500 in cash or merchandise; (c) two winner-take-all games, so-called, on any one day on which the licensee is authorized to conduct beano, which may be multiple games or a series of games, for which prizes shall be equal to all receipts from the sale of beano cards for said winner-take-all games less 10 per cent to cover the costs of supplies for said winner-take-all games, and taxes due the commonwealth under the provisions of section 39, except that no single prize so awarded shall exceed $500 in either cash or merchandise; (d) four 50–50 games, so-called, on any one day on which the licensee is authorized to conduct beano, for which prizes shall equal 50 per cent of the receipts, after taxes, of said games, except that no single prize so awarded shall exceed $1,200; and (e) two progressive jackpot games, so-called, for which the total accumulated prize shall not exceed $3,000. A licensee may award a good neighbor prize, so-called, which shall not exceed 10 per cent of the announced prize for a given game. When more than one player is a winner on the call of the same number, the designated prize shall be divided equally to the next nearest dollar; provided, however, that if a licensee so elects, no winner shall receive a prize which amounts to less than 10 per cent of the announced prize and that in such case the total of said designated prizes may exceed the applicable statutory limit of said game. In addition to the prizes allowed by this paragraph, a licensee may award a door prize or prizes, the aggregate value of which shall not exceed $200 in cash or merchandise.
No alcoholic beverages shall be sold, dispensed or consumed in that portion of any building or premises of the licensee during the hours such game is being conducted.
No person under 18 years of age shall be permitted in that portion of any building or premises of the licensee during such time as such game is being played.
No game shall be advertised or publicized by sign or billboard beyond the city or town limits covered by each license.
Any organization licensed under this section to conduct said game shall operate, manage and control said game by members in good standing of the local branch of said organization, members in good standing of its recognized auxiliaries and, at the sole discretion of the director, their immediate family members.
If an organization licensed to conduct beano fails to exercise exclusive control and management of said game, or fails to have one of its members in good standing in full control and management of the game at all times during its operation, it shall be punished by a fine of not more than $3,000.
The profits of any game licensed to be conducted under this section shall be the property of the organization conducting said game, and shall be used for charitable, religious or educational purposes, and shall not be distributed to the members of such organization. No person shall be entitled to a percentage of any money received as a result of conducting said game.
Accurate records and books shall be kept by each licensee showing the total amount of all monies deposited by people who played, attended or participated in said games, the expenses incurred and the name and address of each person receiving said money. A separate checking account shall be kept of receipts and expenditures of beano and money for expenses shall be withdrawn only by checks having preprinted consecutive numbers and made payable to a specific person or corporation and at no time shall a check be made payable to cash. Proceeds from beano shall be kept in a separate bank account and the organization shall file an annual report in January of the charitable, religious or educational disbursements of the preceding year with the director and the mayor and council or selectmen in such form as the director may prescribe. Such annual report shall be a public record. All monies expended for said charitable, religious or educational purposes shall be duly and accurately recorded as to specific amounts expended and the purposes for which expended. A copy of such records shall be filed with the local licensing authority on or before December 31 of each year. The director, the approving authority of the city or town wherein said game is conducted, or their duly authorized agents or representatives, shall at all times have access to said records and books of any licensee for the purpose of examining and checking the same.
Organizations composed of persons 60 years of age or older, commonly referred to as senior citizens' or golden age clubs, may operate or conduct beano games without a license between the hours of 9:00 a.m. and 10:00 p.m. for the purpose of amusement and recreation of its members; provided, however, that the organization has applied for and received an identification number from said commission that no player or other person furnished consideration in excess of $5 for the opportunity to participate, that prizes awarded are of up to but not more than $100, that no person other than an active member of the organization or a handicapped person as defined in section 1 of chapter 151B participates in the conduct of the game, and that no person is paid for conducting or assisting in the conduct of the games. The tax imposed by section 39 shall not apply to games operated or conducted under the provisions of this paragraph.
The commission may make such other rules and regulations as it may deem necessary to carry out the provisions of sections 37 to 39, inclusive.
The director shall annually on or before April 1 file a report with the clerk of the house of representatives and the clerk of the senate showing the cities and towns which have licenses issued therein, the number of licenses by categories of organizations, the revenue received from these licenses, and such other information as he may deem relevant, together with his recommendations for any legislation he may deem appropriate.
Whoever violates any regulation promulgated by the commission under this section may be punished by a fine not exceeding $3,000.
Structure Massachusetts General Laws
Part I - Administration of the Government
Title II - Executive and Administrative Officers of the Commonwealth
Chapter 10 - Department of the State Treasurer
Section 1 - State Treasurer; Supervision of Department; Salary; Other Sources of Income
Section 2 - Treasurer's Bond; Contents
Section 3 - Treasurer's Bond; Deposit With State Secretary; Actions Thereon
Section 4 - First Deputy Treasurer; Duties; Absence, Disability or Removal of Treasurer
Section 5a - Annual Personnel Report
Section 5c - Investment Division; Responsibilities
Section 7 - Receipt of Federal Funds for Soldiers' Homes
Section 8 - Receipt of Federal Funds for Highways
Section 8a - Receipt of Federal Funds for Forest Fire Prevention
Section 10 - Annual Report to General Court; Statement of Transactions
Section 12 - State Treasurer; Death; Vacancy; Care of Property and Funds
Section 13 - State Treasurer; Death; Vacancy; Inventory of Property and Funds
Section 14 - State Treasurer; Duplicate Receipts by New Treasurer
Section 15 - Trust Funds; Massachusetts Training Schools; Authority to Receive; Duties
Section 17a - Trust Funds; Military Forces; Authority to Receive; Duties
Section 17b - Trust Funds; Receipt, Disbursement and Investment
Section 18 - State Board of Retirement; Membership, Tenure
Section 19 - State Board of Retirement; Reimbursement of Expense or Loss
Section 20 - Clerical and Other Assistants, Appointment
Section 21 - Commissioners on Firemen's Relief; Membership
Section 24 - State Lottery Commission; Powers and Duties
Section 24a - Agreements for Creation of Multi-Jurisdictional Lottery Game; Revenues; Notice of Odds
Section 25 - Apportionment of Lottery Revenues
Section 26 - Director of the State Lottery; Appointment; Powers and Duties
Section 26a - Office of Performance Management and Innovation; Performance Management Systems
Section 27 - Sale of Tickets; Agents; Licensing; Restrictions
Section 27a - Keno; Licenses; Growth Revenues; Distribution
Section 28 - Assignability of Prizes; Liability of Commissioner and Director
Section 28a - Past-Due Child Support; Disbursement of Prizes
Section 29 - Prohibited Sales; Penalty
Section 30 - Forgery, Alteration, Etc. of Lottery Tickets; Penalties
Section 30a - Prohibited Acts Concerning State Lottery Commission Members or Employees; Penalties
Section 31 - Ineligible Persons
Section 32 - Unclaimed Prize Money
Section 34 - Minors; Payment of Prize Money
Section 35 - State Lottery and Gaming Fund; Expenditures
Section 35d - Natural Heritage and Endangered Species Fund
Section 35e - Organ Transplant Fund
Section 35e.5 - Organ and Tissue Donor Registration Fund
Section 35f - School Improvement Fund
Section 35i - Retirement Law Commission
Section 35m - Board of Registration in Medicine Trust Fund
Section 35n - Martin Luther King Commission Trust Fund
Section 35o - Massachusetts United States Olympic Fund
Section 35p - State House Special Event Fund
Section 35r - Massachusetts State Public Health HIV and Hepatitis Fund
Section 35s - Teacher, Principal and Superintendent Quality Endowment Fund
Section 35t - Massachusetts Bay Transportation Authority State and Local Contribution Fund
Section 35u - Mbta Infrastructure Renovation Fund
Section 35v - Division of Professional Licensure Trust Fund
Section 35x - Quality in Health Professions Trust Fund
Section 35z - Counsel for Indigent Salary Enhancement Trust Fund
Section 35aa - Smart Growth Housing Trust Fund
Section 35bb - School Modernization and Reconstruction Trust Fund
Section 35cc - Massachusetts Military Family Relief Fund
Section 35dd - State Parks Preservation Trust Fund
Section 35ff - Massachusetts Alternative and Clean Energy Investment Trust Fund
Section 35gg - Abandoned Vessel Trust Fund
Section 35hh - Ocean Resources and Waterways Trust Fund
Section 35ii - Rggi Auction Trust Fund
Section 35jj - Enhanced 911 Fund
Section 35kk - Harbormaster Training Trust Fund
Section 35ll - Nantasket Beach Reservation Trust Fund
Section 35nn - Marine Recreational Fisheries Development Fund
Section 35oo - Off–highway Vehicle Program Fund
Section 35pp - Salisbury Beach Preservation Trust Fund
Section 35qq - Economic Empowerment Trust Fund
Section 35rr - Health Information Technology Trust Fund
Section 35ss - Build America Bonds Subsidy Trust Fund
Section 35tt - Money Follows the Person Rebalancing Demonstration Grant Trust Fund
Section 35vv - Social Innovation Financing Trust Fund
Section 35ww - Homeless Animal Prevention and Care Fund
Section 35xx - Horseneck Beach Reservation Trust Fund
Section 35yy - Dockside Testing Trust Fund
Section 35zz - Scusset Beach State Reservation Trust Fund
Section 35aaa - Community First Trust Fund
Section 35bbb - Douglas State Forest Maintenance Trust Fund
Section 35ccc - Flood Control Compact Fund
Section 35ddd - Public Records Assistance Fund
Section 35eee - Commonwealth Facility Trust for Energy Efficiency
Section 35fff - Nickerson State Park Trust Fund
Section 35ggg - Community Behavioral Health Promotion and Prevention Trust Fund
Section 35hhh - Transfer of Development Rights Revolving Fund
Section 35iii - Castle Island and Marine Park Trust Fund
Section 35jjj - Fishing Innovation Fund
Section 35kkk - Agricultural Innovation Fund
Section 35lll - Garden of Peace Trust Fund
Section 35mmm - Childhood Lead Poisoning Prevention Trust Fund
Section 35nnn - Twenty-First Century Education Trust Fund
Section 35ooo - Summer Camp Stabilization Trust Fund
Section 35ppp - Wellfleet Hollow State Campground Trust Fund
Section 35qqq - Revere Beach Reservation Trust Fund
Section 35rrr - Student Opportunity Act Investment Fund
Section 35sss - Broadband Innovation Fund
Section 38a - Council on Compulsive Gambling; Posting of Notice of Availability
Section 39 - Beano; Gross Receipt Tax; Returns; Disposition and Crediting of Receipts
Section 39a - Raffles and Bazaars; Information and Reports Required; Regulations
Section 40 - Violations of Secs. 38 and 39; Submitting False Information; Penalties
Section 42 - State Election Campaign Fund
Section 42a - Allocation of Funds
Section 42b - Primary Candidate Accounts
Section 42c - State Auditor Report
Section 46 - Anthracite Coal Mining Reclamation Fund
Section 48 - Milk Producers Security Fund
Section 50 - Children's Trust Fund
Section 52 - Massachusetts Cultural Council; Creation
Section 53 - Massachusetts Cultural Council; Powers and Duties
Section 54 - Massachusetts Cultural Council; Hearings; Rules and Regulations
Section 55 - Federal Funding; Plan; Administration
Section 56 - Distribution of Arts Lottery Funds; Applications
Section 56a - Application of Other Laws to the Council
Section 57 - State Arts Lottery Fund
Section 58 - Local and Regional Cultural Councils
Section 58a - State-Designated Cultural Districts
Section 59 - Head Injury Treatment Services Trust Fund
Section 59a - Thomas P. Kennedy Spinal Cord Injury Trust Fund
Section 61 - Motor Vehicle Inspection Trust Fund
Section 63 1/2 - Central Artery and Statewide Road and Bridge Infrastructure Fund
Section 66 - Victims of Drunk Driving Trust Fund
Section 66a - Victims of Human Trafficking Trust Fund
Section 67 - Commonwealth Security Trust Fund
Section 68 - Worker and Small Investor Protection Fund
Section 69 - Securities Fraud Prosecution Fund
Section 69b - Endowment Incentive Holding Fund
Section 70 - Alcoholic Beverages Control Commission; Members
Section 71 - Alcoholic Beverages Control Commission; Duties
Section 72 - Alcoholic Beverages Control Commission; Appointments
Section 72a - Gaming Liquor Enforcement Unit
Section 75 - Water Supply Protection Trust; Water Supply Protection Program