Current through Register 1531, September 27, 2024
A Sales Agent license is not transferable.
(1) The location of an existing sales agent
license may be transferred. If the location of the place of business set forth
in the Sales Agent license or in the Sales Agent Application for a license
changes, the Sales Agent is to notify the Director immediately in writing and
request transfer of the license to the new location or termination of the
license. The Director reserves the right to grant or deny the request to
transfer the license to the new location. In any event, the Sales Agent shall
not sell Lottery tickets nor actively engage in Lottery business as a Sales
Agent until such time as a new license is granted covering the new
location.
(2)
Change of
Ownership.
(a) A substantial
change in ownership of a business shall mean a transfer of 10% or more in the
equity of any business licensed pursuant to law and
961 CMR
2.00. If a business to which a license is issued or
its ownership substantially changes, it is incumbent upon those persons who are
in control or in ownership of said business at the time the license was last
issued to notify the Director of the change immediately in writing and request
a retention or a termination of the license. The Director reserves the right to
allow or deny the request for a retention of the license, and if the Director
denies the request to retain the license, it shall forthwith be
revoked.
(b) A complete change of
ownership shall mean the sale or other change or transfer not otherwise
detailed in 961CMR 2.15(2)(a) of a business.
1. The Director retains the right to deny the
application of any prospective licensed sales agent if there is an unpaid
obligation to the Lottery at the time of change of said business. It is
incumbent upon the persons who are/were in control of said business at the time
of license last issue to make all prospective sales agents aware of any and all
obligations due to the Lottery. The prospective sales agent should be made
aware that if there is a delay in the final accounting to the Lottery
his/her/its newly granted license may be suspended until the obligation due the
Lottery is satisfied.
2. The
Director retains the right to deny the application of any prospective licensed
sales agent if there is an unpaid obligation to the Lottery from any prior
licensee at the location of the prospective sales agent's place of
business.
(3)
In the event the Director denies a request to retain a license as set forth in
961 CMR 2.15(2), the persons in control or who are in ownership or otherwise
entrusted with the license of said business are to deliver forthwith said
license and any other material given by the Director to a Lottery office and to
terminate all sales of tickets or other Lottery business until otherwise
notified by the Director.
(4) In
the event that Sales Agent does not wish to terminate its sale of Lottery
tickets or Lottery business because of a change in location or of a substantial
change in ownership, the Sales Agent may apply in writing at least 20 days
prior to any proposed change of location or substantial change in ownership as
defined herein.
(5) The sale of
Lottery tickets may be made only pursuant to a Sales Agent's license, and,
except as provided in 961 CMR 2.15(6), in the specified locations listed
therein. Any violation of this provision is subject to the penalties provided
by law, the General Laws of the Commonwealth of Massachusetts, and any
pertinent Federal Laws as the facts and
961 CMR
2.00 may warrant.
(6) The Director may permit any Sales Agent
to sell Lottery tickets or shares in locations other than those specified in
his/her license and:
(a) The Director shall
specify the geographical area in which such sales may be made, and the types of
locations in which such sales may be made.
(b) No such sales are made on premises used
primarily for residential purposes, in or on the property of any school
operated by any county or municipality, in or upon the property appurtenant to
any facility operated primarily for religious purposes.
(c) Any person making such sales shall be
individually approved by the Director or his/her designee, and shall
prominently wear and display identification in such form and manner as may be
prescribed by the Director.
(d) The
Sales Agent and his/her employees shall abide by such other instructions and
restrictions as may be prescribed by the Director to govern such
sales.
(e) The Sales Agent's
license shall bear the phrase "Limited off premises sales permitted", and the
agent shall display with his/her license, in such form and manner as the
Director may require, the terms and conditions on which such sales may be
made.
