Current through Register Vol. 50, No. 9, September 20, 2024
A. An applicant for a retail establishment
permit must meet one of the requirements of
R.S.
47:9098(B) to be qualified
to receive a permit.
B. An
applicant for permit must meet and maintain the following suitability
standards.
1. An applicant must be a person
of good character, honesty, and integrity.
2. An applicant must be a person whose prior
activities or criminal activity, if any, do not pose a threat to the effective
operation of lottery sports wagering.
3. An applicant must be likely to conduct the
activities for which the applicant or permittee is approved or
permitted.
4. An applicant must not
have been found guilty of a felony related to the security or integrity of a
lottery in this or any other state or jurisdiction.
C. An applicant must provide the applicant-us
name and address and, as applicable, the name and address of the following:
1. if the applicant is a corporation, the
officers, directors, and each stockholder in such corporation, other than the
stockholders of a publicly traded corporation;
2. if the applicant is a trust, the trustee
and all persons entitled to receive income or benefit from the trust;
3. if the applicant is an association, the
members, officers, and directors;
4. if the applicant is a partnership or joint
venture, all of the general partners, limited partners, or join
ventures.
D. An
applicant for a retail establishment may not become and remain a permitted
retail establishment unless the applicant meets the following threshold
criteria:
1. The applicant is current in
payment of all taxes, interest, and penalties owed to any taxing political
subdivision where the applicant-us establishment is located.
2. The applicant is current in filing all
applicable tax returns and in payment of all taxes, interest, and penalties
owed to the state of Louisiana, excluding items under formal appeal pursuant to
applicable statutes.
3. The
applicant has not been:
a. convicted of any
illegal gambling activity, false statements, false swearing, or perjury in this
or any other jurisdiction, or convicted of any crime punishable by more than
one year imprisonment or a fine of more than one thousand dollars, or
both;
b. found to have violated the
provisions of these rules, the Act or any rule adopted thereunder, unless
either 10 years have passed since the violation, or the president and the board
find the violation both minor and unintentional in nature;
c. a vendor [as defined in Section 9002(30)
of the Act] or any employee or agent of any vendor doing business with the
corporation;
d. a resident in the
same household as an officer of the corporation;
e. found to have made a statement of material
fact to the corporation, knowing such statement to be false.
4. The applicant meets such other
criteria as the Corporation adopts from time to time relating to the integrity,
reputation, financial responsibility, business practices or qualifications of
an applicant.
E. In
assessing the qualification of an applicant, the corporation may consider the
following factors, among others:
1. financial
responsibility;
2.
integrity;
3. reputation;
4. accessibility of the place of business or
activity to the public;
5. security
of the premises;
6. sufficiency of
existing retail establishments to serve the public convenience;
7. projected volume of sales for sports
wagering.
F. The
corporation may conduct whatever investigations it deems necessary to analyze
an application and may require any applicant to produce any information the
corporation deems necessary.
G. The
selection of a retail establishment shall be made without regard to political
affiliation, activities, or monetary contributions to political organizations
or candidates for any public office.
H. The corporation will maintain a limitation
on the number of self-service sports wagering mechanisms made available based
on the number allowed under the corporation-us contract with the
operator.
I. An applicant agrees to
provide written approval for a criminal background investigation by the
corporation.
J. Any contract
between a retail establishment and the operator is contingent upon the
applicant receiving and maintaining a permit.
AUTHORITY
NOTE: Promulgated in accordance with
R.S.
47:9001 et
seq.
