Current through Register Vol. 48, No. 3, March 22, 2024
A. If, at any time after issuance of a license, it is determined by the Executive Director that a lottery retailer no longer meets the standards for licensure, the Executive Director or his designee may cancel, suspend, revoke, terminate or deny renewal of a license or contract, upon giving notice to the lottery retailer. The suspension shall remain in effect until the reason for suspension has been abated or cured, or in the alternative, the Executive Director may revoke the license.
B. If the lottery retailer fails to observe and comply with the procedures and regulations of the Commission or with the provisions of the Act, or orders or instructions of the Executive Director, the license and/or contract may be canceled, suspended, revoked or terminated.
C. Additional grounds for suspension or revocation of license:
(1) The Executive Director may suspend or revoke the license of a lottery retailer who does not comply with the Act and all rules, conditions, standards and other policies adopted, promulgated or issued under the Act, by the Commission or the Executive Director.
(2) The Commission or Executive Director may suspend or revoke the license of any lottery retailer who violates one of the following prohibitions:
(a) Selling a ticket at a price greater than or less than that stated by the Commission.
(b) Selling a ticket at a location or premises different than that shown on the license certificate.
(c) Permitting the sale of tickets by someone other than the retailer's employees or agents.
(d) Selling a ticket to a person under eighteen (18) years of age.
(e) Inviting, soliciting, demanding, or offering or accepting any payment, contribution, favor, or other consideration to influence the award, renewal or retention of a license, directly or indirectly, on behalf of himself or herself or another corporation.
(f) Accepting anything other than cash for the sale of a ticket.
(g) Transferring ticket stock, used for online terminals, between stores unless prior written consent is granted by the Executive Director or his or her designee.
(h) Transferring instant tickets between individual stores unless prior written consent is granted by the Executive Director or his or her designee.
(i) Selling any lottery ticket, lottery chance or lottery product unless the game being sold is approved by the Commission.
D. The Executive Director may suspend the license or suspend operation or revoke the license of a retail sales location(s) of a lottery retailer for any of the following:
(1) Material misrepresentation in connection with his or her application for a license, in any of his or her reports, or to any person in connection with a lottery transaction;
(2) Engaging in the sale of lottery tickets as his or her sole business, occupation or activity;
(3) Failure to take adequate security precautions for the safe handling of tickets, lottery materials or ticket sales proceeds due from the lottery retailer's ticket sales;
(4) Failure to regularly, promptly and accurately settle the accounts of his or her lottery transactions and pay the amounts due from the lottery retailer's ticket sales;
(5) Failure to notify the Executive Director of any change in ownership ten days prior to any proposed change in ownership;
(6) Failure to open his or her books or records for reasonable inspection by the Commission, the Executive Director or his or her designee during normal business hours;
(7) Failure to display his or her license or required advertising and display material;
(8) Failed to make a report of a violation of the Act, these regulations, the policies or procedures required by the Commission or the Executive Director; or
(9) Failure to report a conviction of any felony or a crime related to theft or gambling, during the term of his or her license. If a lottery retailer is convicted of a felony or a gambling-related offense, the lottery retailer shall within fourteen (14) days, notify the Executive Director, in writing, of the conviction and the offense. For purposes of this section, a lottery retailer includes the operational manager or an individual or person who holds an ownership interest requiring a criminal background investigation as provided in R.44-30.
