Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 401 - ADMINISTRATION OF STATE LOTTERY ACT › Subchapter E - RETAILER RULES › Section 401.368 - Lottery Ticket Vending Machines

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  No sales agent may distribute or sell lottery game tickets from a lottery
				  ticket vending machine, except those lottery ticket vending machines supplied
				  and placed by the commission. For purposes of this section lottery ticket
				  vending machine is defined as a ticket dispensing machine that dispenses
				  lottery game tickets without the assistance of a sales agent's
				  personnel.
(b) Lottery ticket
				  vending machines may be placed by the commission in a sales agent's location
				  based upon criteria established by the executive director. The criteria may
				  include consideration of the location of the sales agent, the type of the sales
				  agent's location, e.g., grocery store, the size of the sales agent's location,
				  and minimum sales criteria that shall be provided to the sales agents prior to
				  implementation of such criteria.
(c) A lottery sales agent must maintain the
				  minimum sales criteria established by the executive director in order to obtain
				  and retain a lottery ticket vending machine. A sales agent who does not
				  maintain minimum sales in accordance with such sales criteria may be placed in
				  a sales review period unless good cause exists as determined by the executive
				  director. After the sales agent's sales review period has expired, the sales
				  agent's sale of lottery game tickets shall be reviewed. If the sales agent has
				  not maintained the minimum sales in accordance with the minimum ticket sales
				  criteria during such sales review period, the commission or commission's
				  designated representative may remove the lottery ticket vending
				  machine.
(d) The minimum sales
				  criteria established by the executive director shall be provided to the sales
				  agents at least 30 days prior to imposition of such minimum sales
				  criteria.
(e) Lottery ticket
				  vending machines may only be placed within the sales agent's location in a site
				  approved by the commission.
(f) A
				  lottery sales agent may redeem any lottery prize of less than $600.
(g) Every lottery sales agent location
				  equipped with a lottery ticket vending machine(s) will be provided a remote
				  shut off device to allow for the control of sales transactions.
(h) A lottery sales agent shall keep the
				  lottery ticket vending machine stocked with printer supplies and
				  tickets.
(i) A lottery sales agent
				  shall provide designated sales reports to the commission or the commission's
				  designated representative(s).
(j) A
				  lottery sales agent shall undergo required training relating to the use and
				  maintenance of lottery ticket vending machines prior to ticket sales from the
				  lottery ticket vending machine.
(k)
				  A lottery sales agent shall allow commission designated service technicians
				  access to the lottery ticket vending machine to allow service and repair of the
				  lottery ticket vending machine.
(l)
				  A sales agent is expected to make every reasonable effort to provide player
				  resolution at the retail location if a player's lottery purchase, or attempted
				  purchase, from a lottery vending machine results in a need to refund the
				  player's money. The sales agent is to contact the Lottery Operations Division
				  for service to resolve a mechanical error and the commission to request any
				  refund due to player reimbursement. Resolution due to player errors or requests
				  for ticket cancellations must follow the specific lottery game rule for the
				  game played.