Iowa Administrative Code › Agency 531 - Lottery Authority, Iowa › Chapter 14 - Monitor Vending Machines › Rule 531-14.4 - Mvm Retailer Licenses

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Any MVM retailer or MVM distributor must
			 possess an MVM retailer license before purchasing, selling, or leasing any MVMs
			 in the state of Iowa.
(2) No MVM
			 retailer license will be issued to an MVM manufacturer or any parent,
			 subsidiary, or affiliated company or entity thereof
(3) The lottery has discretion to license a
			 qualified applicant to sell lottery products from MVMs. An MVM retailer license
			 authorizes the licensee to sell only the type of lottery products specified on
			 the license and only from MVMs that have been certified by the chief executive
			 officer of the lottery pursuant to rule 14.19(990). MVM retailer licenses also
			 allow the licensees to distribute lottery-certified MVMs. The lottery shall
			 maintain a list of MVMs that have been certified by the chief executive officer
			 as meeting lottery requirements.
(4) An MVM retailer license is not limited to
			 a specific location, but MVMs may only be used to sell lottery products on
			 premises that have been licensed pursuant to rule 14.5(990).
(5) Any eligible applicant may apply for an
			 MVM retailer license by first filing with the lottery an application form
			 together with any supplements required. Supplements may include, but are not
			 limited to, authorizations to investigate criminal history, financial records
			 and financial resources, and authorizations to allow the lottery to conduct
			 site surveys.
(6) All lottery MVM
			 license applications must be accompanied by a nonrefundable fee of
			 $25.
(7) The lottery may waive the
			 payment of any license fee to facilitate an experimental program or a research
			 project.
(8) A limited number of
			 MVM retailers may be selected from applications received. The selection shall
			 be made based on criteria designed to produce the maximum amount of net revenue
			 and serve the public convenience. The lottery may refuse to accept MVM retailer
			 license applications for a period of time if the lottery determines that the
			 number of existing MVM retailer licensees is adequate to market lottery
			 products.
(9) The lottery will
			 grant, deny, or place on hold all applications within 60 days of acceptance of
			 an application. Applications placed on hold shall be considered denied for
			 purposes of appeal. If an application is denied because the lottery has
			 received a certificate of noncompliance from the child support recovery unit in
			 regard to an individual, the effective date of denial of the issuance of the
			 license, as specified in the notice required by Iowa Code section
			 252J.8, shall be 60 days
			 following service of the notice upon the applicant.
(10) A lottery licensee holding a lottery
			 license pursuant to the rules contained in 531-Chapters 12 and 13 may sell
			 lottery products from MVMs only if that licensee possesses a separate MVM
			 license. Any premises on which MVMs will be located must be licensed pursuant
			 to rule 14.5(990), even if the premises operator holds a lottery license
			 pursuant to the rules contained in 531-Chapters 12 and 13.
(11) Notwithstanding any of the foregoing,
			 licensees of the Iowa racing and gaming commission making application for an
			 MVM retailer license will not be required to submit to the lottery's criminal
			 background check.
This rule is intended to implement Iowa Code sections
				252J.2 and
				252J.8 and Iowa Code Supplement
				sections 990.9(3),
				990.21(2),
				990.24, and 990.30.