NY Tax L § 1605 (2021)
2021 New York Laws TAX - Tax Article 34 - New York State Lottery for Education 1605 - Lottery Sales Agents and Other Licenses.

§  1605. Lottery sales agents and other licensees. a. The division may   license as agents to sell lottery tickets such persons as in its opinion   will best serve public convenience, except  that  no  license  shall  be   issued  to  any  person  to  engage in business exclusively as a lottery   sales agent. The division may license such persons as in its opinion are   suitable to participate in video  lottery  gaming  pursuant  to  section   sixteen hundred seventeen-a of this article.b.  For  purposes of this article the term "person" shall be construed   to mean  and  include  an  individual,  partnership,  limited  liability   company,  association,  organization, club, company, corporation, trust,   estate, society,  joint  stock  company,  receiver,  trustee,  assignee,   referee,  or  any  other  person acting in a fiduciary or representative   capacity, whether appointed by a court or otherwise, and any combination   of individuals. "Person" shall also be construed  to  mean  and  include   agencies and instrumentalities of the state, and counties, cities, towns   and villages.c.  The  division  may,  upon  application  approved by a local school   district board or by the governing board of a non-public school, license   as agents persons to sell lottery tickets for one lottery  drawing  with   the  compensation  to be paid to the designated local school district or   non-public school, provided however, that in no event  may  either  such   person  be  licensed,  or  any  such local school district or non-public   school receive the compensation from such a special  license  more  than   once in any calendar year.d.  Before  issuing  a  license  to  any  person,  the  division shall   consider, with respect to such person:1. Financial responsibility and security of the business  or  activity   in which such person is engaged.2. Accessibility of the place of business or activity to the public.3. Sufficiency of existing licenses to serve public convenience.4.  Whether  place of business or activity is predominantly frequented   by persons under the age of eighteen years.5. Volumes of expected sales.e. The division is hereby authorized  to  obtain  criminal  background   information  on  any  applicant for, or holder of, a lottery license for   the  purpose  of  determining  whether  a  license  should  be  granted,   suspended,  or  revoked.  The  sources  of  such information include the   license applicant or holder, the division of criminal justice  services,   and  any  licensing  agency  which  is currently considering a licensing   application or which has been granted a presently-held  license  to  the   same  license  applicant  or  holder.  The  division  shall require each   license applicant to submit identifying information which shall  include   fingerprints  unless they are already on file with the division or other   state  agencies.  The  fingerprints  so  obtained  shall  be   forthwith   forwarded,  and  the  applicable  fee  transmitted,  to  the division of   criminal justice services or  any  other  state  or  federal  government   agency  having  facilities  for checking fingerprints for the purpose of   determining whether or not criminal  charges  are  pending  against  the   applicant  or whether or not the applicant had previously been convicted   of a crime, and such agency shall promptly  report  a  finding  of  such   pending  charges  and  previous  convictions, if any, to the division in   writing or by electronic means or any other method agreed  upon  by  the   division and such agency. Prior to or upon making a determination not to   approve  an  application for a lottery license based upon an applicant's   criminal history record, the division shall provide such applicant  with   a  copy of article twenty-three-A of the correction law, and inform such   applicant of his or her  right  to  seek  correction  of  any  incorrect   information  contained  in  such  record  pursuant  to  regulations  and    procedures established by the division of criminal justice services.  In   its  discretion,  the  division  may  decline  to act on any application   pending the disposition of any pending charges  against  the  applicant.   The  division  may,  after  providing  notice  and  an opportunity for a   hearing pursuant to the  state  administrative  procedure  act,  deny  a   license to any person found to have committed a felony under the laws of   the  United  States  or  under  the laws of the state of New York or any   other state or foreign jurisdiction or  any  crime  relating  to  gaming   activities  or  that is otherwise found to have engaged in conduct which   would be prejudicial to public confidence  in  the  state  lottery.  All   determinations to grant or deny a license pursuant to this section shall   be  in  accordance  with  subdivision  sixteen  of  section  two hundred   ninety-six of the  executive  law  and  article  twenty-three-A  of  the   correction  law.  Notwithstanding  the  provisions of article six of the   public officers law or any other law to the contrary, the  division  may   withhold  from public disclosure any criminal history information except   that criminal convictions may not be withheld under this provision.For purposes of this article, a licensee may include: a lottery  sales   agent; a video lottery gaming agent; a vendor; a vendor's subcontractor;   an  employee  of  an  agent,  vendor  or  vendor's  subcontractor; or an   officer, director, partner, trustee or owner  of  an  agent,  vendor  or   vendor's subcontractor.f.  No  employee  of  a  lottery  sales  agent  shall be required as a   condition of employment to sell lottery tickets if his or her  religious   beliefs militate against such activity.g.  Notwithstanding  any  other  provision  of  this  section  to  the   contrary, in considering the issuance of a license to a benevolent order   or any other  association,  organization  or  club  that  is  distinctly   private  in  its nature under section forty of the civil rights law, the   division is not required to consider paragraph two of subdivision  d  of   this  section.    In conducting activities pursuant to the license, such   benevolent order, association, organization or club  shall  comply  with   section  forty-c of the civil rights law to the extent that such section   applies.