Current through September 9, 2024
(a)
Certification of the CLC. The CLC shall certify on each lottery
sales agent license application that it authorizes submission of the
application by such applicant at such location and that it shall activate such
applicant as an agent upon licensure. The CLC shall additionally provide a
statement of any surety bond requirement.
(b)
Qualifications for licensure.
Any person desiring a lottery sales agent license shall make
application on forms prescribed by the department. An applicant for a lottery
sales agent license shall be required to supply in its application, at a
minimum: The name, nature, and location of the applicant's business; the
applicant's federal tax identification number, Connecticut tax registration
number, and, where applicable, social security number; the names, addresses and
dates of birth of officers, principal owners, and designated employees, as
required by the commissioner; an explanation of any criminal conviction, other
than minor traffic offenses, of the applicant and any of its officers, owners,
or designated employees; an explanation of any tax disputes or delinquencies
involving taxes owed to the state by the applicant; disclosure of any pending
action, fine, suspension or revocation of any liquor or other permit, license,
registration or authorization issued by any state, federal or tribal authority,
or authority in any other state, of the applicant and any officer, owner or
designated employee of the applicant; and the names and addresses of two
business references. No applicant will be issued a lottery sales agent license
to engage in business exclusively as an agent. No applicant shall have the word
"lottery" or "lotto" contained within the business name, except as approved by
the CLC. An applicant shall not withdraw its application without the permission
of the commissioner. In determining an applicant's qualifications for licensure
as an agent, the department shall consider the following factors:
(1) The financial responsibility of the
applicant. The department may conduct an investigation into the credit
worthiness of the applicant utilizing the services of a commercial
credit-reporting agency or other method approved by the commissioner. The CLC
may require that the applicant post and maintain a surety bond at the
applicant's sole expense in an amount determined by the CLC;
(2) Any falsification of the information
submitted with the lottery sales agent license application or failure to
disclose any fact material to the application;
(3) The applicant's reputation for honesty
and integrity;
(4) Insofar as
permitted by law, any record of criminal convictions, however, the commissioner
may defer a decision of whether to grant or deny a lottery sales agent license
if criminal charges are pending against the applicant;
(5) Certification of municipal tax compliance
and state tax compliance; and
(6)
Such other information as the department may deem pertinent to the issuance of
a lottery sales agent license.
(c)
Legal entity as applicant.
The department shall require that at least one principal owner of, or a natural
person connected with, any corporation, company, partnership, or other legal
business entity applicant acceptable to the department, assume, in writing,
joint and several liability with the applicant prior to the issuance of any
lottery sales agent license. In the event such corporation, company,
partnership, or other legal business entity applicant acceptable to the
department is thereafter adjudicated a delinquent agent pursuant to section
12-568a-12
of the Regulations of Connecticut State Agencies, and the official procedures
or rules of operation, the department or the CLC may avail itself of any
appropriate collection procedures against such corporation, company,
partnership, other legal business entity or natural person.
(d)
Change of operations. A
lottery sales agent license shall not be transferred or sold. Changes in the
ownership, location, or name of an agent's business may only be made in
accordance with the following provisions:
(1)
When the ownership of the business enterprise is to be transferred, if the
proposed transferee wishes to continue lottery sales in connection with such
enterprise, said transferee shall submit an application for a new lottery sales
agent license in advance of such transfer. Provision shall be made at closing
for the resolution of any obligations owed the CLC as a result of the
transferor's lottery business, and no lottery sales agent license will be
issued to the transferee if the transferor's lottery obligations are unpaid.
This subdivision shall also apply when there is any change in the parties who
comprise the ownership of an agent's business or when there is a forty-nine
percent (49%) or greater change in the ownership of any corporate stock of a
corporate agent.
(2) An agent
desiring to move its lottery business from one location to another shall make
proper application on forms provided by the department.
(3) An agent wishing to change its name shall
inform the department in writing. In considering whether to issue a lottery
sales agent license to such transferee or to permit lottery sales following a
change in business name or location, the department may apply the same criteria
used in determining initial eligibility. The department, however, may defer
action on or reject any such application or request based on an agent's
delinquent payment history, a pending lottery sales agent license suspension or
revocation action or a pending appeal of administrative action.
(e)
Lottery sales agent
license suspension and revocation. The commissioner may impose a penalty
in accordance with section 12-815a of the Connecticut General Statutes on a
lottery sales agent license holder or may suspend, revoke, or place conditions
on a lottery sales agent license after a hearing held in accordance with
chapter 54 of the Connecticut General Statutes for any one of the following
reasons:
(1) If the lottery sales agent
license application contains false or misleading information;
(2) If the agent violates or fails to comply
with the provisions of sections 12-568a and 12-800 to 12-818, inclusive, of the
Connecticut General Statutes or with sections
12-568a-1
to
12-568a-24,
inclusive, of the Regulations of Connecticut State Agencies;
(3) If the agent commits an act which
seriously impairs its reputation for honesty and integrity; or
(4) If the agent fails to sell and redeem
tickets in accordance with the corresponding official procedures.
(f)
Lottery sales agent
license renewal.
(1) A lottery sales
agent license issued by the department shall be valid for no more than one
year, except that an extension of such license term may approved by the
commissioner for a period of no longer than one year.
(2) An agent having applied for a lottery
sales agent license renewal prior to its expiration may continue lottery sales
activity until final department action on the renewal application in accordance
with section 4-182 of the Connecticut General Statutes.
(3) Each applicant for a lottery sales agent
license renewal shall certify on the application that all information on file
with the department is current, accurate and complete. In the event of any
changes, such changes shall be reported to the department within ten (10) days
of such change and the department may require an applicant to apply for a new
lottery sales agent license pursuant to the provisions of this section.
