Nebraska Administrative Code
Topic - REVENUE, DEPARTMENT OF
Title 370 - Nebraska Lottery Regulations
Chapter 400 - Lottery Game Retailer
Section 370-400-405 - TERMINATION OR SUSPENSION OF CONTRACT

Universal Citation: 370 NE Admin Rules and Regs ch 400 ยง 405

Current through September 17, 2024

405.01 The Division may, for any reason outlined in these regulations, the Act, or the contract, terminate or suspend a contract with a Lottery Game Retailer.

405.02 Suspension of Contract

If the Division has evidence that a Lottery Game Retailer has violated any of the provisions in section 405.03 of this regulation, the Division may immediately suspend such contract. The suspension shall remain in effect until the State Tax Commissioner has canceled the suspension or issued an order regarding termination of the contract.

405.03 Violations

The Division may suspend or terminate the contract of any Lottery Game Retailer who violates one or more of the provisions set out below.

405.03A The Lottery Game Retailer shall continue to meet the standards for entering into a contract and any addendum thereof;

405.03B The Lottery Game Retailer shall comply with these regulations, the Act, the terms of the contract and any addendum thereof, Policies and Procedures of the Division, Lottery Game Rules and Procedures, and other requirements adopted, promulgated, or issued by the Division;

405.03C A Lottery Game Retailer shall not sell a ticket for a price greater than or less than the price stated by the Division;

405.03D A Lottery Game Retailer shall not extend credit on the sales of lottery tickets. The acceptance of payment by check or credit card or debit card is not an extension of credit by the Lottery Game Retailer and is permitted;

405.03E A Lottery Game Retailer shall not sell a ticket at a location or on a premises different than that shown on the contract. For purposes of this regulation, the sale of a lottery ticket at a Lottery Game Retailer location means a lottery transaction in which all elements of the sale between the Lottery Game Retailer and the purchaser must take place on site at the designated location including the exchange of consideration, the exchange of the playslip if applicable and the exchange of the ticket.

405.03F A Lottery Game Retailer shall not permit any other person to sell tickets delivered to the retailer; however, the Lottery Game Retailer may sell tickets through its employees;

405.03G A Lottery Game Retailer shall not sell a ticket to any person under nineteen years of age;

405.03H No Lottery Game Retailer, directly or indirectly, on behalf of itself, or another, nor any organization, shall invite, solicit, demand, offer or accept any payment, contribution, favor, or other consideration to influence the award, renewal, or retention of a contract or any addendum thereof;

405.03I A Lottery Game Retailer shall not accept food stamps or food coupons as consideration for a ticket;

405.03J The Lottery Game Retailer shall not make a fraudulent misrepresentation in connection with the application for a contract, in any of the required reports, or to any person in connection with a lottery transaction;

405.03K The Lottery Game Retailer shall maintain the sales levels set for the Lottery Game Retailer by the Division;

405.03L The Lottery Game Retailer shall take adequate security precautions for the safe storage and handling of tickets, lottery materials, or ticket sale proceeds;

405.03M The Lottery Game Retailer shall regularly, promptly, and accurately settle the accounts of lottery transactions and pay the amount due from the ticket sales;

405.03N The Lottery Game Retailer shall immediately notify the Division of any change in ownership;

405.03O The Lottery Game Retailer shall open its books and records for inspection by the Division;

405.03P The Lottery Game Retailer shall display required point of sale materials or advertising, and shall obtain permission for use of the Nebraska Lottery name or logo in the Lottery Game Retailer's own advertising, except as permitted in these regulations;

405.03Q Repealed.

405.03R No Lottery Game Retailer or his or her employee or agent shall attempt to determine the numbers or symbols appearing on unsold tickets or in any other manner attempt to determine unsold winning tickets; and

405.03S Lottery Game Retailers must give prompt service to lottery customers physically present and waiting at the on-line terminal to purchase tickets for on-line games. Prompt service includes interrupting processing of on-line ticket orders for which the customer is not present at the terminal.

405.03T The Lottery Game Retailer shall immediately report a violation of these rules or a conviction of any felony or crime related to theft or gambling or involving moral turpitude.
405.03T(1) For the purposes of this subsection, a conviction shall be deemed to have occurred when the verdict of the court is announced, whether or not a sentence has been imposed.

Disclaimer: These regulations may not be the most recent version. Nebraska may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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