2023 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.