North Dakota Administrative Code › Title 10 - Attorney General › Article 10-16 - Multi-State Lottery › Chapter 10-16-02 - Retailer › Section 10-16-02-06 - Duties

Current through Supplement No. 393, July, 2024
A retailer shall:
1.
				Comply with the lottery law, rules, promotional rules, and terms of a license
				agreement prescribed by the lottery;
2. Display a lottery license in an area
				visible, but not accessible, to the public where a ticket is sold and redeemed.
				A retailer shall prominently display signage and promotional and point-of-sale
				items provided by the lottery. A retailer may advertise and use, display, or
				make available other appropriate promotional and point-of-sale items. On
				request of the lottery, a retailer shall discontinue an advertisement or
				promotion that the lottery determines is in noncompliance with subsections 2
				and 3 of section 10-16-01-02;
3.
				Display a problem gambling helpline telephone number;
4. Provide a secure operating space for a
				terminal at a location approved by the lottery or its online gaming system
				vendor. A retailer may not move the terminal to a different location at a site
				without written authorization from the lottery. If the retailer desires to have
				the terminal relocated at the site, only a qualified representative of the
				lottery's online gaming system vendor may relocate the terminal;
5. Provide dedicated alternating current to a
				duplex electrical receptacle for lottery equipment, including a terminal. Only
				lottery equipment may be on the circuit. A retailer shall pay the installation
				cost of the receptacle and monthly costs of electricity to operate the lottery
				equipment. The lottery shall provide the retailer with a schematic of the
				required amperage, voltage, and wiring of the receptacle;
6. As requested by the lottery, have an
				employee attend a training session sponsored by the lottery, review training
				material, complete a terminal-based tutorial, or notify the lottery if a new
				employee needs training on operating a terminal;
7. Exercise care in operating a terminal and
				immediately notify the lottery's online gaming system vendor of a terminal
				malfunction, including the issuance of an invalid ticket, inability to sell or
				redeem a ticket, and nonissuance of a ticket. Except to clear a paper jam, the
				retailer may not perform mechanical or electrical maintenance on the terminal.
				Unless approved by the lottery, a retailer may not attach or adhere any
				stickers, decals, or advertisements on a terminal;
8. Replace ticket stock and clear a paper jam
				as necessary in a terminal;
9.
				Monitor the supply of game brochures, point-of-sale items, ticket stock, and
				play slips and notify the lottery or its online gaming system vendor when an
				item is in short supply;
10.
				Actively promote and sell a ticket and redeem a winning ticket during the
				retailer's core business hours on the days that the retailer is open and when a
				terminal is operating. If the retailer's core business hours are earlier or
				later, or both, than the hours that the terminal is operating, the retailer
				shall post the hours during which an individual may redeem a winning
				ticket;
11. Prohibit an individual
				under age eighteen from buying a ticket or redeeming a winning
				ticket;
12. Not extend credit to a
				player or accept a credit card from a player for the purchase of a ticket or
				accept a food stamp or food coupon as consideration for a ticket. A player
				shall pay for a ticket when the ticket is bought from a retailer. If a retailer
				delivers a ticket to a player's residence, the player shall prepay or pay for
				the ticket upon delivery. A retailer may not loan money to or accept a
				postdated check from a player;
13.
				Maintain a level of ticket sales set by the lottery based on a minimum sales
				program;
14. Be financially
				responsible and personally liable to the lottery for money derived from the
				sale of a ticket, less money related to a sales commission and money paid on a
				redeemed winning ticket. The retailer shall allow money from the sale of a
				ticket that is deposited by the retailer in a bank account to be transferred to
				the lottery by electronic funds transfer on a weekly basis or other period
				prescribed by the lottery;
15.
				Store ticket stock, supplies, terminal, and related equipment in a safe place
				to prevent loss, theft, or damage;
16. Prominently post the winning numbers for
				a draw and estimated grand prize of the next draw of a game where a ticket is
				sold as soon as reasonably possible after the draw for the game;
17. Redeem a winning ticket and may pay a
				prize of up to five hundred ninety-nine dollars in cash or by business check,
				regardless of which retailer sold the ticket. The retailer may not charge a fee
				for redeeming a ticket and may not refuse to redeem a winning ticket sold by
				another retailer;
18. File a claim
				for credit for a printed defective ticket as prescribed by the
				lottery;
19. Permit an employee or
				agent of the lottery who has first shown proper identification to the retailer
				to review the retailer's accounting records and inspect, maintain, replace, or
				remove lottery equipment, supplies, ticket stock, or a record or recorded video
				from the site without prior notice during the retailer's normal hours of
				operation;
20. Notify the lottery
				in writing thirty days before there is a change of the bank account maintained
				for electronic funds transfer;
21.
				Make it convenient for the public to buy and redeem a ticket. A retailer may
				sell a ticket through a drive-up window;
22. Have a copy of the lottery law and rules
				at the site available near the terminal for review by any individual;
23. Incur the loss from theft of a ticket or
				gift certificate;
24. Defend,
				indemnify, and hold harmless the lottery and state of North Dakota from any
				claim of any nature, including all costs, expenses, and attorney's fees, that
				may result from or arise out of an agreement with the lottery, except for a
				claim that results from or arises out of the state's sole negligence;
25. Upon revocation, relinquishment, or
				nonrenewal of a license, immediately return all lottery-related equipment and
				supplies, including unused ticket stock. The retailer is liable for money still
				owed the lottery; and
26. Maintain
				complete and accurate records and retain them for one year related to the sale
				and redemption of a lottery ticket. Records must include weekly terminal-issued
				reports of electronic funds transfers transactions.
General Authority:
NDCC
					 53-12.1-13
Law Implemented:
NDCC
					 53-12.1-02,
					 53-12.1-03,
					 53-12.1-08,
					 53-12.1-13