An Act To Clarify the Maine State Lottery Agent Licensing Process
Maine Legislature, Session 125, LD 1513
Committee: Veterans and Legal Affairs
Sponsors: CAREY
Amends: 8 MRSA §371, 8 MRSA §372, 8 MRSA §374, 8 MRSA §375, 8 MRSA §376, 8 MRSA §409, 8 MRSA §411, 8 MRSA §412

Legislative Document 
No. 1513 
H.P. 1116 
House of Representatives, April 26, 2011 
An Act To Clarify the Maine State Lottery Agent Licensing Process 
Submitted by the Department of Administrative and Financial Services pursuant to Joint 
Rule 204. 
Reference to the Committee on Veterans and Legal Affairs suggested and ordered printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative CAREY of Lewiston. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  8 MRSA §371, sub-§5, as enacted by PL 1987, c. 505, §2, is amended to 
read: 
5.  Person.  "Person" means an individual, association, corporation, limited liability 
company, limited partnership, limited liability partnership, partnership, club, trust, estate, 
society, company, receiver, trustee, assignee, referee or other person acting in a fiduciary 
or representative capacity, whether appointed by a court or otherwise, and any 
combination of individuals. "Person" means all departments, commissions, agencies and 
instrumentalities of the State, including counties and municipalities and agencies and 
instrumentalities thereof. 
Sec. 2.  8 MRSA §372, sub-§2, ¶F, as enacted by PL 1987, c. 505, §2, is 
repealed. 
Sec. 3.  8 MRSA §374, sub-§1, ¶H, as amended by PL 1991, c. 683, §1, is further 
amended to read: 
H.  The method to be used in selling tickets or shares and the types of sales 
promotions that may be conducted utilizing tickets or shares as approved in advance 
by the commission or the director or the director's designee; 
Sec. 4.  8 MRSA §374, sub-§1, ¶I, as enacted by PL 1987, c. 505, §2, is amended 
to read: 
I.  The licensing of agents issuing of licenses to sell tickets or shares, but a person 
under the age of to qualified persons who are at least 18 shall not be licensed as an 
agent years of age and the denial, suspension and revocation of those licenses; 
Sec. 5.  8 MRSA §374, sub-§1, ¶J, as enacted by PL 1987, c. 505, §2, is amended 
to read: 
J.  The license fee to be charged to agents persons applying for a license; 
Sec. 6.  8 MRSA §374, sub-§1, ¶K, as amended by PL 1997, c. 301, §1, is further 
amended to read: 
K.  The manner and amount of compensation to be paid licensed sales agents to 
persons licensed to sell lottery tickets or shares necessary to provide for the adequate 
availability of tickets or shares to prospective buyers and for the convenience of the 
general public; 
Sec. 7.  8 MRSA §374, sub-§4, as enacted by PL 1993, c. 397, §1, is repealed. 
Sec. 8.  8 MRSA §375, as amended by PL 1993, c. 641, §1 and PL 1999, c. 547, 
Pt. B, §78 and affected by §80, is further amended to read: 
§375.  Lottery sales; licensing; appeals 
1.  Factors.  A license as an agent to sell lottery tickets or shares may be issued by 
the director or the director's designee to any qualified person.  Before issuing the license, 
the director or the director's designee shall consider at least the following factors: 
A.    The financial responsibility and security of the person and the person's business 
or activity; 
B.    The accessibility of the person's place of business or activity to the public; 
C.    The sufficiency of existing licensees to serve the public convenience; and 
D.    The volume of expected sales. 
2.  Appeals.  An applicant who is denied a license If the director or the director's 
designee denies a person a license to sell lottery tickets or shares, the person may appeal 
the director's decision to the commission by filing a written appeal with the commission 
within 15 days of the mailing of the director's decision.  An applicant A person aggrieved 
by a decision of the commission may appeal the commission's decision by filing a 
complaint with the District Court and serving a copy of the complaint upon the 
commission.  The complaint must be filed and served within 30 days of the mailing of the 
commission's decision. 
Sec. 9.  8 MRSA §376, sub-§1, as enacted by PL 1987, c. 505, §2, is amended to 
read: 
1.  Reasons for suspension or revocation.  The commission director or the director's 
designee may suspend or revoke, after notice and hearing in a manner consistent with the 
Maine Administrative Procedure Act, Title 5, chapter 375, any license issued pursuant to 
this chapter.  The license may be temporarily suspended by the commission without prior 
notice, director or director's designee pending any prosecution, investigation or hearing.  
A license may be suspended or revoked by the commission director or the director's 
designee for just cause, including, but not limited to, one or more of the following 
reasons:  
A.    Failure to account for tickets received or the proceeds of the sale of tickets or to 
file a bond, if required by the commission, or to comply with instructions of the 
commission provisions of this chapter or rules adopted under this chapter concerning 
the licensed activity; 
B.    Conviction of any criminal offense; 
C.    Failure to file any return or report, to keep records or to pay any tax; 
D.    Engaging in fraud, deceit, misrepresentation or conduct prejudicial to public 
confidence; 
E.    Insufficiency of the number of tickets sold by the sales agent a person licensed to 
sell lottery tickets or shares; or 
F.    A material change, since issuance of the license, with respect to any of the 
matters required to be considered by the director under section 375 or as defined by 
rules adopted under this chapter. 
Sec. 10.  8 MRSA §376, sub-§2, as enacted by PL 1987, c. 505, §2, is repealed. 
Sec. 11.  8 MRSA §376, sub-§3 is enacted to read: 
3.  Appeal for suspension or revocation of license.  If the director or the director's 
designee suspends or revokes a person's license to sell lottery tickets or shares, the person 
may appeal the decision to the commission by filing a written appeal with the 
commission within 15 days of the mailing of the decision.  The appeal must include the 
reason the commission should reverse the decision. 
A person aggrieved by a decision of the commission may appeal the commission's 
decision by filing a complaint with the District Court and serving a copy of the complaint 
upon the commission.  The complaint must be filed and served within 30 days of the 
mailing of the commission's decision. 
Sec. 12.  8 MRSA §409, sub-§2, as enacted by PL 1983, c. 732, §1, is repealed. 
Sec. 13.  8 MRSA §411, as enacted by PL 1983, c. 732, §1, is repealed. 
Sec. 14.  8 MRSA §412, as enacted by PL 1983, c. 732, §1, is repealed. 
SUMMARY 
This bill makes the following changes to the law regarding the operations of lotteries. 
1.  It amends the definition of "person" to include other forms of businesses. 
2.  It clarifies the rule-making authority of the State Liquor and Lottery Commission 
relating to license issuance, denial, suspension and revocation. 
3.  It clarifies that the Director of the Bureau of Alcoholic Beverages and Lottery 
Operations within the Department of Administrative and Financial Services or the 
director's designee has the authority to deny, suspend or revoke a license to sell lottery 
tickets or shares. 
4.  It clarifies that the appeal of a decision to deny, suspend or revoke a license may 
be made to the commission.