Section 13.03 - Conduct of Games(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; and2. 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; and3. 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; and4. 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; and2. 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; and3. 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.