Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 370 - Nebraska Lottery Regulations › Chapter 400 - Lottery Game Retailer › Section 370-400-405 - TERMINATION OR SUSPENSION OF CONTRACT

Current through June 17, 2024
405.01 The Division may, for any reason
				outlined in these regulations, the Act, or the contract, terminate or suspend a
				contract with a Lottery Game Retailer.
405.02 Suspension of Contract
If the Division has evidence that a Lottery Game Retailer has
				  violated any of the provisions in section 405.03 of this regulation, the
				  Division may immediately suspend such contract. The suspension shall remain in
				  effect until the State Tax Commissioner has canceled the suspension or issued
				  an order regarding termination of the contract.
405.03 Violations
The Division may suspend or terminate the contract of any
				  Lottery Game Retailer who violates one or more of the provisions set out
				  below.
405.03A The Lottery Game
				Retailer shall continue to meet the standards for entering into a contract and
				any addendum thereof;
405.03B The
				Lottery Game Retailer shall comply with these regulations, the Act, the terms
				of the contract and any addendum thereof, Policies and Procedures of the
				Division, Lottery Game Rules and Procedures, and other requirements adopted,
				promulgated, or issued by the Division;
405.03C A Lottery Game Retailer shall not
				sell a ticket for a price greater than or less than the price stated by the
				Division;
405.03D A Lottery Game
				Retailer shall not extend credit on the sales of lottery tickets. The
				acceptance of payment by check or credit card or debit card is not an extension
				of credit by the Lottery Game Retailer and is permitted;
405.03E A Lottery Game Retailer shall not
				sell a ticket at a location or on a premises different than that shown on the
				contract. For purposes of this regulation, the sale of a lottery ticket at a
				Lottery Game Retailer location means a lottery transaction in which all
				elements of the sale between the Lottery Game Retailer and the purchaser must
				take place on site at the designated location including the exchange of
				consideration, the exchange of the playslip if applicable and the exchange of
				the ticket.
405.03F A Lottery Game
				Retailer shall not permit any other person to sell tickets delivered to the
				retailer; however, the Lottery Game Retailer may sell tickets through its
				employees;
405.03G A Lottery Game
				Retailer shall not sell a ticket to any person under nineteen years of
				age;
405.03H No Lottery Game
				Retailer, directly or indirectly, on behalf of itself, or another, nor any
				organization, shall invite, solicit, demand, offer or accept any payment,
				contribution, favor, or other consideration to influence the award, renewal, or
				retention of a contract or any addendum thereof;
405.03I A Lottery Game Retailer shall not
				accept food stamps or food coupons as consideration for a ticket;
405.03J The Lottery Game Retailer shall not
				make a fraudulent misrepresentation in connection with the application for a
				contract, in any of the required reports, or to any person in connection with a
				lottery transaction;
405.03K The
				Lottery Game Retailer shall maintain the sales levels set for the Lottery Game
				Retailer by the Division;
405.03L
				The Lottery Game Retailer shall take adequate security precautions for the safe
				storage and handling of tickets, lottery materials, or ticket sale
				proceeds;
405.03M The Lottery Game
				Retailer shall regularly, promptly, and accurately settle the accounts of
				lottery transactions and pay the amount due from the ticket sales;
405.03N The Lottery Game Retailer shall
				immediately notify the Division of any change in ownership;
405.03O The Lottery Game Retailer shall open
				its books and records for inspection by the Division;
405.03P The Lottery Game Retailer shall
				display required point of sale materials or advertising, and shall obtain
				permission for use of the Nebraska Lottery name or logo in the Lottery Game
				Retailer's own advertising, except as permitted in these regulations;
405.03Q Repealed.
405.03R No Lottery Game Retailer or his or
				her employee or agent shall attempt to determine the numbers or symbols
				appearing on unsold tickets or in any other manner attempt to determine unsold
				winning tickets; and
405.03S
				Lottery Game Retailers must give prompt service to lottery customers physically
				present and waiting at the on-line terminal to purchase tickets for on-line
				games. Prompt service includes interrupting processing of on-line ticket orders
				for which the customer is not present at the terminal.
405.03T The Lottery Game Retailer shall
				immediately report a violation of these rules or a conviction of any felony or
				crime related to theft or gambling or involving moral turpitude.
405.03T(1) For the purposes of this
				subsection, a conviction shall be deemed to have occurred when the verdict of
				the court is announced, whether or not a sentence has been imposed.