New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter III - Division of Lottery › Subchapter A - State Lottery › Part 5001 - Lottery Sales Agents › Section 5001.10 - Conditions of licensing

Current through Register Vol. 46, No. 28, July 10, 2024
Upon issuance of a license, the sales agent shall agree
						to the following conditions:
(a) The
					 sales agent shall comply with the provisions of the act, the licensing
					 agreement, and any rules, regulations, procedures, policies and instructions
					 promulgated or issued by the commission.
(b) The agent shall offer tickets to the
					 public for sale during normal business hours.
(c) The agent shall utilize, display and
					 maintain authorized displays, notices, entry boxes and other marketing
					 materials used in connection with ticket sales as instructed by the
					 commission.
(d) All tickets
					 accepted by the agent from the commission, or from such agent's distribution or
					 safekeeping depository, are deemed to have been purchased by the agent at the
					 price established by the commission, less appropriate sales commission
					 discounts, if any. At the discretion of the commission tickets may be released
					 to agents on a consignment basis and the commission may agree to accept for
					 credit any unsold tickets; however, if unsold tickets are not returned to the
					 authorized distribution or safekeeping depository on or before the stated
					 deadline, the agent is responsible to pay for them in full.
(e) The sales agent shall maintain current
					 and accurate records of all transactions in connection with ticket sales in
					 conformity with the rules, regulations, licensing agreement, policies,
					 procedures and instructions relating thereto, as promulgated or issued by the
					 commission.
(f) The agent shall
					 redeem for cash all lottery tickets with a value of $25 or less.
(g) The agent shall make available to
					 representatives of the division upon request for inspection and audit such
					 records as the agent may be required to maintain.
(h) The agent's license issued under this
					 Part may be suspended or revoked or have the renewal of such license
					 rejected.
(i) The agent shall hold
					 the commission harmless from any liability that may arise as a result of
					 conducting lottery ticket sales.
(j) A lottery sales agent is an independent
					 contractor, and any contractual or tortious liability the agent may incur in
					 connection therewith shall be the sole responsibility of the agent.
(k) The agent's license shall be issued for a
					 fixed period of time, and thereafter renewed on an annual basis unless such
					 licensing period shall be extended or changed at the discretion of the
					 commission.
(l) The agent shall
					 surrender to the commission upon request the license, agent identification
					 card, and all lottery forms and materials supplied by the commission upon the
					 suspension, revocation, or termination of such license, including temporary
					 suspension.
(m) Lottery agents and
					 distributors are responsible for all lost, stolen, or destroyed tickets
					 provided by the commission and will pay for such tickets at the appropriate
					 settlement time. The commission will not reimburse agents or distributors for
					 such tickets. Lottery tickets are valuable and should be handled with
					 care.