Current through Register Vol. 63, No. 9, September 1, 2024
(1) Allocation of Terminals: In the exercise
of the Director's discretion and subject to all other requirements, the
Director may allocate and reallocate the Lottery's Video Lottery game terminals
among Video Lottery retailers at any time and in any manner. The Director shall
consider:
(a) Availability: The availability
of the terminals and related equipment.
(b) Public Access: Adequate and convenient
public access to Video Lottery games.
(c) Retailer Sales: The actual or projected
dollars played video sales generated from the play of Video Lottery games at
each Video Lottery retail location. A new or existing Video Lottery retailer
shall generate a minimum of $10,000 in average dollars played video sales per
week per terminal as determined by the Director. The Lottery shall calculate
the average using any 90-day or greater time period determined by the Lottery.
Dollars played video sales means the amount wagered on Video Lottery games at
the retailer's premises. The Director may remove one or more terminals from a
retail location when the retailer is unable to meet the minimum sales
requirement.
(2)
Additional Requirements: Placement of Video Lottery game terminals is subject
to the following:
(a) Restricted Visibility:
The Lottery will not place Video Lottery game terminals in an area of a
business or premises that does not or will not have restricted
visibility.
(b) Adjacent
Businesses: When two or more adjacent businesses appear to the Director to be a
single business, or are operated by the same or commingled ownership, then the
Lottery may limit such businesses to the maximum number of Video Lottery game
terminals permitted under Oregon law for one business as the total number of
terminals authorized for both or more such businesses.
(c) Convenience Store or Grocery Store: The
Lottery will not place Video Lottery game terminals in a business or in
premises that operate or will operate primarily as a convenience store or
grocery store.
(d) Smoking
Environment: The Lottery will not place Video Lottery game terminals in an area
of a business or premises that is a smoking environment or where people are or
would be exposed to secondhand smoke.
(e) Minor Posting: The Lottery will not place
Video Lottery game terminals in an area of a business or premises that is not
posted as prohibited to minors by the Oregon Liquor and Cannabis
Commission.
(f) Businesses Not
Normally Associated with the On-premise Consumption of Food and Alcoholic
Beverages: The Lottery will not place Video Lottery game terminals in a
business or premises that operates as a laundromat, movie theater, car
dealership, beauty salon, bed and breakfast lodging facility, hardware store,
dry goods store, clothing store, liquor store, or any other business not
normally associated with the on-premise consumption of food and alcoholic
beverages.
(g) Concentration of
Video Lottery Retailers: The Lottery will not place Video Lottery game
terminals in a business or premises if this would create a concentration of
Video Lottery retailers.
(h) Limit
on the Number of Video Lottery Game Terminals: In the Director's sole
discretion and subject to all other requirements, the Director may limit the
number of Video Lottery game terminals in a Video Lottery retailer's business
or premises at any time and in any manner.
(3) Director's Decisions: The Director's
decisions regarding allocation, removal, placement, or limiting the number of
Video Lottery game terminals are final.
(4) Reconsideration: Upon written request by
a Video Lottery retailer, the Director may reconsider any Video Lottery game
terminal allocation decision made under this rule pertaining to that retailer
unless such decision is required by this rule.
Statutory/Other Authority: Or Const, Art XV. § 4(4)(a),
ORS 461.120,
461.130,
461.150,
461.200,
461.217,
461.260 & 461.300
Statutes/Other Implemented: Or Const, Art XV, § 4, ORS
461.215,
461.500, ORS
461.120,
461.130,
461.150,
461.200,
461.217,
461.260 &
461.300
