§ 42-61-5 - Sales agents.
SECTION 42-61-5
§ 42-61-5 Sales agents. – (a) For the purpose of this chapter, the term "person" shall be construed tomean and include an individual, association, partnership, corporation, trust,estate, company, receiver, trustee, referee, or other person acting in afiduciary or representative capacity, whether appointed by a court orotherwise, and any combination of individuals. "Person" shall be construed tomean all departments, committees, commissions, agencies, and instrumentalitiesof the state, including counties and municipalities and agencies andinstrumentalities of the state.
(b) The director of lotteries may license any person as alottery sales agent as provided in this chapter. No license shall be issued toany person to engage in the sale of lottery tickets as his or her soleoccupation or business.
(c) Before issuing any license to a lottery sales agent thedirector shall consider:
(1) The financial responsibility and security of the personand his or her business or activity;
(2) The accessibility of his or her place of business oractivity to the public;
(3) The sufficiency of existing licensed agents to serve thepublic interest;
(4) The volume of expected sales by the applicant;
(5) Any other factors pertaining to the public interest,convenience or trust.
(d) The director shall refuse to grant or shall suspend,pending a hearing before the division, or recommend a revocation of a licenseif the applicant or licensee:
(1) Has been convicted of a felony, or any crime involvingmoral turpitude;
(2) Has been engaging in gambling as a significant source ofincome;
(3) Has been convicted of violating any gambling statutes;
(4) Has been convicted of fraud or misrepresentation in anyconnection;
(5) Has been found to have violated any rule, regulation, ororder of the state lottery division.
The license of an agent shall be suspended by the directorfor any charge which may result in a conviction for conduct prescribed insubdivisions (d)(1) – (d)(5); which suspension shall be effective until afinal judicial determination.
(e) The director shall refuse to grant, or shall suspend,pending a hearing before the division, or recommend revocation of a license ifthe applicant or licensee is a corporation:
(1) Any of whose directors, officers, or controllingshareholders have been found guilty of any of the activities specified insubsection (d);
(2) In which it appears to the director of lotteries that dueto the experience, character, or general fitness of any director, officer, orcontrolling shareholder, the granting of a license as a lottery sales agentwould be inconsistent with the public interest, convenience, or trust;
(3) Not the owner or lessee of the business at which it willconduct a lottery sales agency pursuant to the license applied for, or that anyperson, firm, association, or corporation other than the applicant shares orwill share in the profits of the applicant, other than receiving dividends as ashareholder, or will participate in the management of the affairs of theapplicant.
(f) Every holder of a license as a lottery sales agent shallrenew the license annually pursuant to the rules and regulations of thedivision. Licensees shall pay to the division a fee to be determined by thedirector upon receipt or renewal of a license.
(g) Whenever requested by the director, the division ofcriminal identification of the department of the attorney general, thesuperintendent of state police, any superintendent or chief of police orsergeant of any city or town, shall furnish all information on convictions,arrests and present investigations concerning any person who is an applicantfor a license or who is a licensee of the state lottery.
(h) Notwithstanding any other provision of law, any personlicensed as provided in this chapter is authorized and empowered to act as alottery sales agent.
(i) Every licensed sales agent authorized pursuant to thissection and every licensed video lottery retailer authorized by chapter 61.2 ofthis title shall keep conspicuously posted on his or her premises the name andtelephone number of a council on problem gambling recognized by an appropriateauthority within state government or within the professional field of addictiondisorders and a statement of its availability to offer assistance. The lotterydivision shall supply each licensee with the required notice.