177-045-0030 Video Lottery Game Terminals (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 History: LOTT 1-2023, amend filed 06/23/2023, effective 07/01/2023 LOTT 17-2021, amend filed 11/01/2021, effective 11/01/2021 LOTT 15-2021, temporary amend filed 08/16/2021, effective 08/16/2021 through 02/11/2022 LOTT 14-2021, minor correction filed 08/02/2021, effective 08/02/2021 LOTT 7-2021, amend filed 07/22/2021, effective 07/22/2021 LOTT 2-2020, amend filed 04/24/2020, effective 05/01/2020 LOTT 9-2018, amend filed 10/01/2018, effective 10/17/2018 LOTT 1-2018, amend filed 03/29/2018, effective 04/02/2018 LOTT 6-2012, f. 10-26-12, cert. ef. 11-4-12 LOTT 12-2008, f. 12-23-08, cert. ef. 1-1-09 LOTT 9-2004, f. & cert. ef. 5-26-04 LOTT 1-2004(Temp), f. & cert. ef. 1-5-04 thru 6-25-04 LOTT 5-2002, f. & cert. ef. 3-25-02 LOTT 16-2001(Temp), f. & cert. ef. 12-3-01 thru 5-24-02