5-562. Licenses to sell tickets or shares; fee;
conditions; definitions
(Eff. 7/1/12)
A. A license as an agent to sell lottery tickets or shares shall not be issued to
any person to engage in business exclusively as a lottery sales agent. Before issuing a
license as a lottery sales agent to any person the director shall consider factors such
as the financial responsibility and security of the person and the nature of the person's
business activity, the person's background and reputation in the community, the
accessibility of the person's place of business or activity to the public, the
accessibility of existing licensees to serve the public convenience and the volume of
expected sales.
B. A person lawfully engaged in nongovernmental business on state property may be
licensed as a lottery sales agent.
C. The director may establish by rule and collect a fee for a license issued
pursuant to this section.
D. A license is not assignable or transferrable.
E. A licensed agent or licensed agent's employee may sell lottery tickets or shares
only on the premises stated in the license of the agent.
F. The director may purchase a blanket bond covering the activities of licensed
agents.
G. A licensed agent shall display the licensed agent's license or a copy of the
license conspicuously in accordance with the rules prescribed by the director.
H. If a licensed agent sells lottery tickets or shares on leased premises and all
or part of the agent's rental payments are based on the total volume of sales made at the
premises, the compensation paid by the state lottery commission to the agent for the sale
of tickets and shares is the amount of the sale for the purposes of determining the
agent's rental payments. This subsection does not apply if the lease agreement expressly
provides that the total volume of sales made at the premises includes sales of lottery
tickets or shares.
I. The commission shall adopt rules to establish penalties for a licensed agent who
violates section 5-565 or 5-565.01. The penalty for a subsequent violation within any
twelve month period shall be more severe than the penalty for a prior violation.
J. The director shall not require a licensed agent, as a condition of securing or
continuing to hold a license to sell lottery tickets or shares to the public, to sell
such tickets or shares through or by the use of a self-service vending machine at the
licensed agent's premises.
K. For the purposes of this section, acts or omissions of an employee at the
premises of a licensed agent or sales of tickets or shares by a self-service vending
machine in violation of section 5-565 or 5-565.01 shall be deemed acts or omissions of
the licensed agent only at the premises where the acts, omissions or sales occurred.
L. For the purposes of this section:
1. "Person" means an individual, association, corporation, club, trust, estate,
society, company, joint stock company, receiver, trustee or referee, any other person
acting in a fiduciary or representative capacity who is appointed by a court, or any
combination of individuals. Person includes any department, commission, agency or
instrumentality of this state, including any county, city or town and any agency or
instrumentality of this state or of a county, city or town.
2. "Premises" means the physical location and address listed on the license of the
licensed agent where lottery tickets or shares may be sold.
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