Current through Register Vol. 63, No. 9, September 1, 2024
For purposes of OAR Chapter 177 Division 40, the following
definitions apply except as otherwise specifically provided in OAR Chapter 177
or unless the context requires otherwise:
(1) "Age-controlled area" means an area where
a natural person who is under 21 years of age is prohibited from entering or
remaining as posted by either the Lottery or the Oregon Liquor and Cannabis
Commission.
(2) "Applicant" means a
person applying for a contract with the Lottery for the purpose of selling
Lottery tickets or shares to the public, and any key person.
(3) "Application" means the forms, documents,
or other information that the Lottery requires an applicant to submit to the
Lottery in order to apply for or maintain a retailer contract.
(4) "Business" includes:
(a) A commercial activity engaged in for
profit or gain; or
(b) The activity
engaged in by a nonprofit organization; or
(c) The activity engaged in by a private club
as described in ORS
471.175(8).
(5) "Complete application" means an
application that is completely filled out, and when required, is signed by the
applicant, and includes all the documentation and information requested by the
Lottery.
(6) "Premises" means the
building and grounds occupied by a business (including those areas not normally
open to the public), where traditional Lottery game tickets and shares, Video
LotterySM game shares, or both, are sold. Premises includes an area designated
by the Lottery at any single location identified in an application as a
proposed site for Oregon Video LotterySM terminals.
(7) "Key person" means:
(a) Corporations: For any corporation,
including a subsidiary of a parent corporation:
(A) Stockholders: Any stockholder of a
corporation who owns 10 percent or more of the outstanding stock in such
corporation.
(B) Directors: Any
director of a corporation who owns or controls 3 percent or more of the voting
stock in such corporation.
(C)
Officers: Officers of a corporation.
(b) Private Clubs: For a private club as
described in ORS
471.175(8):
(A) The treasurer;
(B) Any officers, directors, or trustees who
oversee or direct the operation of the food, beverage, Lottery, or other
gambling-related activities of the private club; and
(C) Each manager in charge of the food,
beverage, Lottery, or other gambling-related activities of the private club.
The provisions of paragraphs (7)(a)(A), (B), and (C) of this
rule do not apply to private clubs.
(c) Trusts: The trustee and all persons
entitled to receive income or benefit from the trust.
(d) Associations: The members, officers, and
directors.
(e) Partnerships and
Joint Ventures:
(A) All general
partners;
(B) All limited partners
whose partnership interest is 10 percent or more in the partnership;
and
(C) All joint venturers whose
investment commitment is 10 percent or more in the joint venture.
(f) Limited Liability Companies:
(A) Any manager of the limited liability
company; and
(B) Any member of the
limited liability company whose investment commitment or membership interest is
10 percent or more in the limited liability company.
(g) Layered Ownership: If the parent company,
general partner, limited partner, joint venturer, stockholder, member or
manager of a limited liability company is itself a corporation, trust,
association, subsidiary, partnership, joint venture or limited liability
company, then the Director may require that the applicant provide disclosure
for such entity as if such entity were a key person itself.
(h) Family Members: Immediate family members
as required in ORS
461.300(2)(b)(G)
and (H).
(i) Sole Proprietors: The sole proprietor, if
the retailer is a sole proprietor.
(j) Managers:
(A) General: A person, regardless of title,
who acts or who has real or apparent authority to act on behalf of the owner in
most matters concerning the operation of the owner's business during all
business hours.
(B) Specific
Duties: A person, regardless of title, who routinely performs all of the
following duties:
(i) Hires and fires
employees;
(ii) Makes purchasing
decisions relating to the buying of supplies and inventory; and
(iii) Conducts banking functions for the
business.
(C) Corporate
or Absentee Owner: A person who operates the business for a corporate or
absentee owner.
(D) Area Manager: A
person who operates multiple locations or supervises multiple store
managers.
(E) Exception: The
definition of "manager" contained in this subsection (j) does not include a
person who manages or operates a single convenience store as that term is
defined in OAR 177-045-0000(2).
(k) Landlord: A landlord who receives 40
percent or more of the retailer's Lottery commissions as a part of lease
payments or rent, or any landlord who the Director finds, based on reasonably
reliable information, exerts influence over the operation of the retailer's
business.
(l) Contractual
Relationship: Any person who has a lease, contract, or other agreement with the
applicant or retailer or anyone else, to provide food service or to manage or
operate any part of the business in a Video LotterySM retailer's premises other
than as an employee.
(m) Control
Person: Any reference to a "control person" of a retailer in OAR Chapter 177, a
Lottery retailer contract, or Lottery form in effect or in use on or after the
effective date of this rule shall be deemed to refer to a "key person" as
defined in this section.
(8) "Personal disclosure" means those
documents and information that are part of the application which relate to a
natural person's personal, criminal, and financial background, and associations
with other people.
(9) "Mediation"
has the meaning as defined in ORS
36.110(4).
(10) "Mediator" means a person who performs
mediation.
(11) "Multi-State Retail
Chain" means a retailer, including an applicant, who:
(a) Operates five or more retailer locations
within the State of Oregon and one or more retail locations outside of the
State of Oregon, all of which engage in similar business activities;
(b) Has common ownership and control over
each location; and
(c) Sells no
Oregon Lottery® games except traditional lottery games within the State of
Oregon.
(12) "Public
Company" means a retailer, including an applicant, who is a business entity
that offers securities registered for sale by the federal Securities and
Exchange Commission to the general public and sells no Oregon Lottery®
games except traditional lottery games within the State of Oregon.
Statutory/Other Authority: OR Const. Art. XV & Sec.
4(4)
