Oct. 7 — To the Editor:

Portsmouth’s ballot on Nov. 5, 2019 will include the following referendum question: “Shall we allow the operation of keno games within the city?”

Social clubs, such as the Elks Lodge, pitched keno to the City Council as a way to subsidize their charitable endeavors. That’s the thin edge of a wedge.

New Hampshire’s keno statute, RSA 284:41 to 284:51, empowers each city and town to decide whether this form of gambling shall be permitted within its borders. If a majority of the local electorate votes “yes,” the municipality subjects itself to everything in the statute, including the following provisions.

First, keno will be permissible at all venues listed in the statute, not just the Elks Lodge or similar clubs.

RSA 284:45 authorizes the state Lottery Commission to grant keno licenses to the following establishments holding liquor licenses: hotels, ballrooms, convention centers, conference centers, restaurants, brew pubs, sports recreation facilities, cigar bars, veterans’ clubs, social clubs, and private clubs.

There is a strong legal argument that the keno statute would then preempt Portsmouth’s zoning ordinance, which currently prohibits “games of chance” in hotels and motels.

Second, RSA 284:47 allows keno licensees to operate games between 11 a.m. and 1 a.m. each day.

Importantly, Portsmouth taxpayers will reap no direct financial reward if the city opens its doors to keno.

RSA 284:47, II governs how keno proceeds are distributed. The licensee keeps 8 percent. The state Department of Health and Human Services takes 1 percent to support research and services for “problem gamblers.” The remainder (minus payouts and the Lottery Commission’s administrative costs) is deposited into the state’s education trust fund. The amount the trust fund distributes to each school district is based on a formula that ignores whether keno is allowable in the district.

I applaud the Elks’ desire to raise funds for charitable causes, but I’m troubled by a statute that plays “all or nothing.”

One compromise is to defeat the referendum now and then ask the legislature to amend the statute. The amendment would empower cities and towns to select the categories of establishments permitted to operate keno.

Jerry Zelin