Code of Massachusetts Regulations › 961 CMR - STATE LOTTERY COMMISSION › Title 961 CMR 2.00 - Rules and Regulations › Section 2.13 - Denial, Revocation, Suspension or Non-Renewal of License

Current through Register 1525, July 5, 2024
A Sales Agent's license may be revoked, suspended or an
				application may be denied or its renewal rejected by the Director, or Sales
				Agent's privilege to sell tickets or shares in one or more of the Lottery games
				operated by the Commission may be revoked or denied by the Director, for one or
				more or all of the outlets listed thereon for any one or more of the following
				reasons.
(1) If the Applicant or Sales
			 Agent has violated any provisions of law or
			 961 CMR
			 2.00 as amended from time to time or any other
			 directives of the Director;
(2) If
			 the Applicant or Sales Agent's application for a license or other
			 representations to the Director, his/her agents and employees, contain false or
			 misleading information;
(3) If, in
			 the discretion of the Director, such denial, revocation, suspension or
			 rejection of renewal is in the best interests of the Lottery, the public
			 welfare, or the Commonwealth of Massachusetts;
(4) If the projected or actual sales volume
			 of sales by the Sales Agents or Applicant is sufficiently below an amount
			 warranting issuance or continuance of his/her outlet(s) as a sales location
			 taking into account the number of other sales outlets in the Applicant or Sales
			 Agent's sales area, the possible seasonable business of the Applicant or Sales
			 Agent, the change of traffic or public accessibility to the Applicant or Sales
			 Agent's sales outlets or the population serviced by the Agent's
			 outlets;
(5) If the manner of
			 operation and security control by the Applicant or Sales Agent relative to
			 Lottery business is not in accordance with
			 961 CMR
			 2.00;
(6)
			 If there is a history of thefts or other forms of losses of Lottery tickets or
			 revenues therefrom;
(7) If the
			 moral character of the Applicant or Sales Agent, or any employee of the
			 Applicant or Sales Agent who holds a position of substantial authority in the
			 Applicants or Sales Agent's business, or any of the Applicant or Sales Agent's
			 employees or agents handling Lottery business, is found by the Director to be
			 deficient. Conviction at any time of a felony or of any violation of M.G.L. c.
			 271 or any other anti-gambling law or law relating to the taxation of gambling
			 or the proceeds thereof shall create a presumption of deficient moral
			 character;
(8) If there is a delay
			 in the Sales Agent's accounting or depositing in his/her designated bank
			 account the revenues received from the Lottery ticket sales;
(9) The Director may immediately remove a
			 Sales Agent's on-line system terminal, validation terminal, instant game
			 tickets, pull tab tickets, television monitors and betting stations upon the
			 bringing of a criminal complaint or indictment against the Sales Agent or any
			 employee of the Agent who holds a position of substantial authority in the
			 Sales Agent's business, or any other Sales Agent's employees or Agents handling
			 Lottery business and for any of the reasons set forth in 96l CMR 2.13(1)
			 through 2.13(13) pending a hearing pursuant to 96l CMR 2.18.
(10) If the Sales Agent's record or history
			 indicates attempts to evade, circumvent, fail to use, or misuse the on-line
			 Instant ticket cashing system.
(11)
			 If the Sales Agent sells tickets to individuals under the age of eighteen years
			 of age (see 96l CMR 2.50).
(12) The
			 Director may not renew an existing Sales Agent's license who does not complete
			 a Sales Agent Application, Sales Agent Agreement or Sales Agent Annual Update
			 on a form(s) as prescribed by the Director.
(13) Upon an Event of Default under the
			 Lottery Sales Agent Agreement entered into by the Sales Agent, or if the Sales
			 Agent shall fail to perform, keep or observe any of the terms, covenants,
			 promises, obligations, agreements or conditions contained in such Lottery Sales
			 Agent Agreement, the Lottery Sales Agent Agreement may be terminated at the
			 discretion of the Director or his/her designee.