North Dakota Administrative Code › Title 10 - Attorney General › Article 10-16 - Multi-State Lottery › Chapter 10-16-02 - Retailer › Section 10-16-02-01 - License application and fee

Current through Supplement No. 393, July, 2024
1. An
				applicant shall initially apply for a license for a site on a form prescribed
				by the lottery and remit an application fee of fifty dollars that is not
				refundable. The licensing fiscal year is October first through September
				thirtieth. An applicant may apply for a license for more than one site. A
				separate application is required for each site. Approval of an applicant is
				within the sole discretion of the lottery. Only one retailer may have a license
				for a specific site. A retailer shall apply for a renewal license for a site
				before October first of each year.
2. If the lottery approves an applicant for
				licensure for a site, the applicant shall remit a license fee of five hundred
				dollars for the applicant's first year for that site within fourteen days of
				when the applicant is notified by the lottery of its pending licensure. This
				fee is not prorated or refundable unless an applicant is disqualified according
				to section
				10-16-02-03 before the applicant
				sells a ticket or a new owner purchases or leases a site and applies for a
				license before the former owner sells a ticket. After the first partial or full
				year of licensure, the annual license renewal fee for the site is one hundred
				fifty dollars and is not prorated or refundable on or after October first.
3. If a licensed alcoholic
				beverage establishment and an organization that is licensed under North Dakota
				Century Code chapter 53-06.1 to conduct a game of chance at that site both
				apply for a license for the site, the establishment has the first privilege. If
				the establishment does not apply and the organization does apply for a license,
				the organization shall obtain written authorization from the establishment and
				provide the authorization with the application. If the organization is issued a
				license, the establishment's authorization is valid as long as the organization
				is licensed to conduct a game of chance at that site.
4. A license allows a retailer to sell a
				ticket for all authorized games.
5. The lottery may license a retailer on a
				seasonal or temporary basis for a special event or lottery promotion. A special
				event is an infrequent, significant, and identifiable activity in the
				community, such as a fair. The director of the lottery may waive the
				application or license fee, or both, for a temporary site for a presently
				licensed or new retailer that sells a ticket on a temporary basis at the site
				for a special event or lottery promotion.
6. The lottery may issue a conditional
				license to an applicant, shall designate the time period for which the license
				is valid, and may impose any conditions related to:
a. Determining whether an applicant or
				retailer is eligible for a license;
b. Issuing a license to an applicant or
				retailer whose regular license has been relinquished, suspended, or revoked;
c. Applying a minimum sales quota
				on an applicant or retailer;
d.
				Requiring an applicant or retailer to reimburse the lottery for the lottery's
				net cost of installing and maintaining the terminal and telecommunications
				equipment at a business if the applicant or retailer does not meet or maintain
				a mutually agreed minimum sales quota; or
e. Accessibility of a retailer to an
				individual who is disabled.