Massachusetts General Laws
Chapter 10 - Department of the State Treasurer
Section 38 - Beano; Licensing of Certain Organizations; Restrictions; Rules and Regulations; Violations; Penalties; Receipts and Expenditures; Records and Reports

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

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 5 - Deputies and Assistants; Appointment; Bond; Duties; Compensation; Veterans' Preference; Civil Service

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 9 - Accounts; Overdue Bonds, Notes and Securities; Transmission to Attorney General and Committees on Ways and Means

Section 9a - Debt Statements

Section 10 - Annual Report to General Court; Statement of Transactions

Section 10a - Preferential Deposits of Cash Reserves to Lending and Banking Institutions That Lend to Small Businesses

Section 10b - Submission of Official Cash Flow Projections to the Committees on Ways and Means; Variance Reports; Reporting on Banking Institutions Into Which Cash Deposits Are Made

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 16 - Trust Funds; Receipts From Department of Education or State Library Trustees; Authority to Receive, Invest, Hold and Disburse

Section 17 - Trust Funds; Mental Health Department or Developmental Services Department; 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 22 - Citation

Section 23 - State Lottery Commission; Members; Appointment; Terms; Chairman; Vacancies; Expenses; Quarters

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 28b - List of Winning Lottery Ticket Holders; Transmission to Department of Transitional Assistance, Executive Office of Health and Human Services and Iv–d Agency

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 30b - Suspension of License to Sell Lottery Tickets Due to Suspension or Revocation of Cigar or Tobacco License

Section 31 - Ineligible Persons

Section 32 - Unclaimed Prize Money

Section 33 - Deposit, Handling and Disbursement of Funds; Deduction of Agents' Compensation; Competitive Arrangements; Open Records

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 36 - Audits

Section 37 - Sale of Lottery Tickets in Conjunction With Game of Beano; Licensing of Certain Organizations; Restrictions; Gross Profit Minimum; Payment of Prizes; Apportionment of Revenue

Section 38 - Beano; Licensing of Certain Organizations; Restrictions; Rules and Regulations; Violations; Penalties; Receipts and Expenditures; Records and Reports

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 63a - Central Artery/tunnel Project Repair and Maintenance Trust Fund; Credits to Fund From Judgments and Settlement Payments; Disbursements; Reversion of Fund Balance Upon Abolishment or Alteration of Fund or Section; Unauthorized Disburseme...

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 74 - Alcoholic Beverage License Applicants and Licensees; Building Safety Certificate of Inspection

Section 75 - Water Supply Protection Trust; Water Supply Protection Program

Section 76 - Cannabis Control Commission; Members; Appointment; Terms; Removal; Quorum; Salary; Officers; Code of Ethics; Operation as State Agency

Section 77 - Cannabis Advisory Board

Section 78 - Payment to Persons Who Served in Armed Forces in Active Service as Part of Operations Enduring Freedom, Iraqi Freedom, Noble Eagle, Inherent Resolve or Freedom Sentinel or Successor or Related Operations