reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 177 - OREGON STATE LOTTERY › Division 40 - RETAILER CONTRACT › Section 177-040-0010 - Personal Criteria Which May Be Grounds for Denial of a Lottery Retailer Contract or a Key Person

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 General Personal Criteria: Before approving or denying an application for a
			 Lottery retailer contract or for a key person, the Director shall consider
			 whether the applicant:
(a) Character: Is a
			 person of good character, honesty, and integrity.
(b) Background: Is a person whose background,
			 including criminal, civil, and financial records, and reputation, does not
			 jeopardize the public interest of the state or the fairness, integrity,
			 security, honesty, or reputation of the Lottery.
(c) Associations: Has an association with
			 persons or businesses of known criminal background, or associates with persons
			 who have direct or indirect involvement in the applicant's business who could
			 jeopardize the public interest of the state or the fairness, integrity,
			 security, honesty, or reputation of the Lottery. The Director may also consider
			 whether the applicant associates with persons who have no involvement in the
			 applicant's business when the applicant's association with such persons could
			 create a real or perceived conflict with the Lottery's security or integrity
			 interests.
(d) Public Interest: Is
			 a person whose experience, character, or general fitness is such that approving
			 the applicant would be consistent with the public interest, convenience, and
			 trust in keeping with the sensitive nature of the Lottery.
(e) Financial: Demonstrates responsibility
			 and integrity in financial transactions, and is creditworthy and currently in a
			 satisfactory financial condition. The Lottery may use the services of a
			 commercial credit reporting agency in order to evaluate the applicant's
			 creditworthiness, financial responsibility, and financial condition. The
			 Director may deny an application if the applicant has outstanding judgments,
			 collections, liens, or is not in compliance with all state, federal, or local
			 tax laws.
(f) Omissions: Has
			 omitted any material facts or has provided any material misstatement or any
			 untrue statement of material facts.
(g) Compliance History: Has a history with
			 the Oregon Lottery, or the Oregon Liquor and Cannabis Commission, or state and
			 local law enforcement, which shows that the applicant could pose a threat to
			 the security and integrity of the Lottery based upon any significant and
			 material compliance or adjudicated violation history.
Oregon Administrative Rules › Chapter 177 - OREGON STATE LOTTERY › Division 40 - RETAILER CONTRACT › Section 177-040-0017 - Additional Video Lottery Retailer Application Requirements and Lottery Authority to Prevent and Resolve Concentrations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) General: It is the policy of the Oregon
			 State Lottery to place Video Lottery game terminals in retail businesses which
			 are viable businesses on their own without benefit of selling Video Lottery. At
			 any point in the application process, the director or director's designee may
			 require additional documentation and explanation about the applicant's business
			 operation plans such as, but not limited to, length of experience in the type
			 of business, prior ownership and/or management of businesses in general, sales
			 and profitability projections, and location suitability, as deemed necessary to
			 evaluate the viability of the business.
(2) Exceptions:
(a) When the contract for a retailer premises
			 is terminated due to sale of business, change of ownership, or 100% stock
			 buyout, the resulting contract application for the same retailer premises is
			 exempt from the interest form, waitlist, and open and operating requirements of
			 this rule so long as the data line is not removed from the retailer
			 premises.
(b) A Video Lottery
			 retailer contract applicant who meets the requirements for the alternative
			 disclosure process authorized by OAR 177-040-0001(4)(a)(B)  is exempt from the
			 interest form, waitlist, and open and operating requirements of this
			 rule.
Oregon Administrative Rules › Chapter 177 - OREGON STATE LOTTERY › Division 40 - RETAILER CONTRACT › Section 177-040-0024 - Compensation Rate Study for Video Lottery Retailers

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Purpose: The Director of the Oregon State
			 Lottery may conduct a comprehensive Video Lottery retailer compensation study.
			 The compensation study will assist the Lottery Commission in meeting its legal
			 obligation to develop a compensation system that maximizes net revenue to the
			 state for the public purpose and provides a reasonable rate of return for Video
			 Lottery retailers for their sales of Lottery tickets or shares. If a Video
			 Lottery retailer compensation study is conducted, it is to be completed prior
			 to the start of the term of any new Lottery Retailer Contract.
(2) Selection of Independent Consulting
			 Company or Consultant: The Video Lottery retailer compensation study shall be
			 completed by an independent economic consulting company or economic consultant
			 chosen by the Director. The Director may select a consulting company or
			 consultant using any procurement process deemed appropriate by the Director,
			 but in selecting the consulting company or consultant, the Director shall
			 determine that the company or consultant has the requisite experience,
			 expertise, and knowledge for this type of study. The Director shall submit a
			 report to the Lottery Commission before entering into any contract for services
			 with the consulting company or consultant selected by the Director.
(3) Analysis of Video Lottery Retailer
			 Compensation Systems: The study shall provide an analysis and comparison of
			 various Video Lottery retailer compensation systems, and shall set forth the
			 pros and cons for each system and the estimated costs to Lottery if it were to
			 use each system. The analysis shall include, but is not limited to, the
			 following Video Lottery retailer compensation systems:
(a) Tiered System: Tiered compensation rate
			 system where retailer compensation is calculated as a percentage of dollars
			 played, but the percentage declines as dollars played increase over a business
			 year. The higher the dollars played, the lower the percentage paid. This
			 analysis shall include, but is not limited to, the current compensation system
			 described in OAR 177-040-0026.
(b)
			 Single Rate System: Single compensation rate system where the retailer
			 compensation is calculated by applying a single, specified percentage to a
			 retailer's dollars played over a business year. This analysis shall include a
			 method or methods for determining the single percentage rate.
(c) Individualized System: Individualized
			 compensation rate system where compensation is calculated based on a percentage
			 of dollars played as determined individually for each Video Lottery retailer.
			 This analysis shall include the method or methods the Lottery would use to
			 determine the percentage rate or rates for each individual retailer.
Oregon Administrative Rules › Chapter 177 - OREGON STATE LOTTERY › Division 40 - RETAILER CONTRACT › Section 177-040-0025 - Retailer Compensation - Traditional Lottery Games

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
(a)
			 Traditional Sales Compensation: The Lottery shall pay a retailer eight percent
			 of weekly sales of traditional lottery game tickets or shares offered by the
			 Lottery and sold by the retailer.
(b) Calculation of Sales: A retailer's weekly
			 sales shall be calculated on the combined weekly gross sales of Draw game
			 tickets and Scratch-it tickets made from the retailer's premises during a
			 business week, less Scratch-it ticket returns recorded by the Lottery and other
			 sales related adjustments made during the week. For the purpose of calculating
			 weekly sales, Scratch-it tickets are sold when the tickets are activated by the
			 retailer, and Draw game tickets are sold when the request for the Draw game
			 ticket is electronically received and verified by the Lottery's central
			 computer system.
Oregon Administrative Rules › Chapter 177 - OREGON STATE LOTTERY › Division 40 - RETAILER CONTRACT › Section 177-040-0026 - Retailer Compensation - Video Lottery Games

Current through Register Vol. 63, No. 7, July 1, 2024
(1) General: The compensation the Lottery
			 shall pay a retailer for the sale of Video Lottery game shares is calculated on
			 a percentage of dollars played during a business year. "Dollars played" means
			 the amount wagered on Video Lottery games at a retailer's premises.
(2) Compensation When Dollars Played Exceeds
			 Tier Threshold: During the course of a business year, when a Video Lottery
			 retailer's dollars played exceeds the threshold of a tier applicable to the
			 retailer under this rule, the Video Lottery compensation rate shall remain
			 unchanged for the remainder of the business day on which the threshold is
			 exceeded. The compensation rate for that tier, as set forth in this rule shall
			 apply at the start of the next business day. For example, under section (4) of
			 this rule on Wednesday the dollars played reaches $2,250,001, the retailer is
			 compensated at 2.20 percent of the dollars played for the remainder of the
			 business day. At 5:00 a.m. on the next day, Thursday, which is the start of the
			 next business day, the compensation rate is reduced to 1.75 percent of dollars
			 played.
(3) Applicability: The
			 compensation rates for the sale of Video Lottery game shares set forth in this
			 rule apply to compensation for the sale of shares on all Video Lottery game
			 terminals at all Video Lottery retailers effective as of the start of the
			 business day beginning June 28, 2020.
(4) Compensation: 4-Tier Compensation:
			 Dollars Played per Year - Compensation/Percent of Dollars Played:
(a) Up to $2,250,000 - 2.20%
(b) $2,250,000.01 to 4,000,000 -
			 1.75%
(c) $4,000,000.01 to
			 6,500,000 - 1.50%
(d) $6,500,000.01
			 and up - 1.34%
Oregon Administrative Rules › Chapter 177 - OREGON STATE LOTTERY › Division 40 - RETAILER CONTRACT › Section 177-040-0030 - Retailer Cash Deposit or Bond

Current through Register Vol. 63, No. 7, July 1, 2024
If the Director has reason to believe an applicant or retailer
				may not be financially sound, the Director may require a Lottery retailer to
				post:
(1) Irrevocable Letter of
			 Credit: A $5,000 irrevocable letter of credit issued by a banking institution
			 as defined in ORS 706.008(4);
			 or
(2) Bond: A $5,000 bond issued
			 by a surety company or companies holding a certificate of authority to transact
			 surety business in the State of Oregon and approved by the Director.
Stat. Auth.: OR Const. Art. XV, Sec. 4(4) & ORS
				  461
Stats. Implemented: ORS
				  461.300
Oregon Administrative Rules › Chapter 177 - OREGON STATE LOTTERY › Division 40 - RETAILER CONTRACT › Section 177-040-0049

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: OR Const. Art. XV, § 4(4)(a)
				  & ORS
				  461.120,
				  461.217,
				  461.300
Statutes/Other Implemented: OR Const. Art. XV, § 4 &
				  ORS
				  461.020,
				  461.120,
				  461.150,
				  461.200,
				  461.215,
				  461.217,
				  461.300,
				  461.500,
				  461.544,
				  461.547
Oregon Administrative Rules › Chapter 177 - OREGON STATE LOTTERY › Division 40 - RETAILER CONTRACT › Section 177-040-0050 - Retailer Duties

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 General: This rule contains duties to be performed by a Lottery retailer beyond
			 those duties described in the Lottery retailer contract. The duties listed
			 herein are not meant to be exclusive. Other duties and requirements for
			 retailers may be contained elsewhere in OAR Division 177, ORS Chapter 461, or
			 in the Lottery retailer contract.
(2) All Retailers: All Lottery retailers
			 shall:
(a) Stock Equipment: Keep all Lottery
			 equipment on the retailer's premises stocked with a variety of Scratch-it
			 tickets, play slips, computer-generated tickets, and any other Oregon
			 Lottery® product required to be sold. Unless exempted by the Lottery, if a
			 Lottery retailer fails to stock or replenish these items as they are made
			 available for sale by the Lottery, or as they are depleted because of purchase
			 or use, the Lottery may remove the equipment.
(b) Perform Minor Maintenance: Replace ticket
			 stock and clear paper jams as may be required for any of the equipment provided
			 by the Lottery for the sale of Lottery tickets or shares.
(c) Maintain Paper Stock: Install and use
			 only approved Lottery-provided paper stock which has been specifically assigned
			 to the selling retailer when selling Lottery tickets and shares.
(d) Obtain Permits: Be required to arrange
			 for and obtain all necessary permits required by federal, state, and local
			 governments for electrical installation, electrical power, telephone service,
			 fiber optic lines and connections, and coaxial cable and connections required
			 to sell Lottery tickets or shares at the retail site.
(e) Pay Amounts Due: Pay the amount due to
			 the Lottery for the sale of Lottery tickets or shares by the use of an
			 electronic funds transfer (EFT). In most instances, this EFT shall occur at the
			 end of the fourth day after the close of each Lottery business week. When an
			 applicant operates multiple Lottery retail sites before the effective date of
			 this rule, the routine date of the EFT collection may be set beyond the fourth
			 day after the close of the business week in order to accommodate the needs of
			 the combined sites.
Oregon Administrative Rules › Chapter 177 - OREGON STATE LOTTERY › Division 40 - RETAILER CONTRACT › Section 177-040-0051 - Designated Employees and Payment of Prizes

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Designated Employees: A traditional Lottery retailer must designate employees
			 authorized to redeem winning Lottery tickets and shares. A Video Lottery
			 retailer must designate employees authorized to redeem Video Lottery cash slips
			 as defined in OAR 177-200-0005(1).
(2) Traditional Lottery Retailers: A
			 traditional Lottery retailer must redeem winning Lottery tickets and shares
			 during all of the retailer's designated hours of redemption.
(3) Video Lottery Retailers: Except for those
			 cash slips required to be validated and paid by the Lottery, during all
			 business hours of operation a Video Lottery retailer must redeem any Video
			 Lottery cash slip presented for payment that was issued at that retailer's
			 location, except as follows:
(a) In the event
			 of exceptional circumstances, a retailer may delay validation and payment of a
			 cash slip for a period of time not to exceed 24 hours from the time the cash
			 slip is initially submitted to the retailer for payment. "Exceptional
			 circumstances" means rare and unforeseen circumstances beyond the reasonable
			 control of the retailer; and
(b)
			 Within 48 hours from the time the cash slip is initially submitted to the
			 retailer for payment, the retailer must submit to the Lottery a written report
			 of the delay of payment and the exceptional circumstances that required the
			 delay.
(c) The Director may review
			 claims of exceptional circumstances and determine whether delayed payment was
			 appropriate under the circumstances. Upon the Director's request, the retailer
			 must provide the Director with evidence supporting a claim of exceptional
			 circumstances. If a retailer fails to comply with a request or fails to
			 adequately support a claim of exceptional circumstances, the Director shall
			 find that the delay was not appropriate.
(d) If the Director finds that the delay was
			 not appropriate, the retailer's delay of payment shall be considered a failure
			 to perform contract duties or requirements, and the Lottery may take
			 appropriate action including termination of the retailer contract. The
			 Director's decision is final.
Oregon Administrative Rules › Chapter 177 - OREGON STATE LOTTERY › Division 40 - RETAILER CONTRACT › Section 177-040-0052 - Non-Sufficient Funds

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Definitions: For purposes of this rule:
(a)
			 "Working day" means a weekday (Monday through Friday) from 8 a.m. to 5 p.m.
			 when Lottery Headquarters is open for business.
(b) "NSF" means non-sufficient
			 funds.
Oregon Administrative Rules › Chapter 177 - OREGON STATE LOTTERY › Division 40 - RETAILER CONTRACT › Section 177-040-0055 - Advertising Lottery Games and Inducements to Play

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
Prohibitions
:
(a) A retailer may
			 not conduct false or misleading advertising, in any form, regarding the Lottery
			 or Lottery games including, but not limited to, claiming the odds of winning a
			 Lottery game are different at the retailer's business than at any other Lottery
			 retailer's business.
(b) A retailer
			 may not use the word "lottery" in its assumed business name or any other term
			 that the Director otherwise determines, in their sole discretion, is a threat
			 to the fairness, integrity, security, and honesty of the Lottery or conflicts
			 with Lottery's legal obligation to advertise responsibly and promote
			 responsible gaming practices and messaging.
Oregon Administrative Rules › Chapter 177 - OREGON STATE LOTTERY › Division 40 - RETAILER CONTRACT › Section 177-040-0061 - Casino Prohibition

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 General: The operation of a casino is constitutionally prohibited in the state
			 of Oregon. It is the policy of the Oregon State Lottery to place Video Lottery
			 terminals only in an establishment that does not operate as a casino. The
			 purpose of this rule is to provide a framework and a process for determining
			 when an establishment is operating or may operate as a casino. This framework
			 and process are in addition to other methods the Oregon State Lottery uses to
			 prevent Video Lottery retailers from operating an establishment as a casino.
			 Other methods include, but are not limited to:
(a) A limit on the number of Video Lottery
			 terminals in any establishment;
(b)
			 Limiting public view of Video Lottery terminals;
(c) A limitation on certain advertising and
			 promotional activities by retailers; and
(d) Considering the sale of Lottery tickets
			 and shares by retailers an adjunct to their businesses.
Oregon Administrative Rules › Chapter 177 - OREGON STATE LOTTERY › Division 40 - RETAILER CONTRACT › Section 177-040-0070 - Retailer Wheelchair Accessibility Program

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Purpose: The purpose of this rule is to
			 require that all new and existing Lottery retailers provide and maintain access
			 to Oregon Lottery® games and related services to persons who use
			 wheelchairs. Access to Video LotterySM games may be achieved by providing
			 access to at least one Video LotterySM game terminal, regardless of slight
			 variations in game theme or play between the different types of Video LotterySM
			 game terminals.
(2) General
			 Requirements: All Lottery retailers shall provide and maintain access to all
			 persons who use wheelchairs to enable their full and equal enjoyment of Lottery
			 games and related services. Retailers shall comply with the Retailer Wheelchair
			 Accessibility Program by installing required accessibility features, by
			 removing identified barriers through structural modifications, or by creating
			 alternative methods of providing access to Lottery games and related services.
(a) Barrier Removal and Accessibility
			 Features: All barriers must be removed that impede wheelchair access to Lottery
			 games and related services. Examples of barrier removal or accessibility
			 features include, but are not limited to:
(A)
			 Installing ramps;
(B) Making curb
			 cuts in sidewalks and entrances;
(C) Creating designated accessible parking
			 spaces;
(D) Widening
			 doors;
(E) Rearranging tables,
			 chairs, vending machines, display racks, and other furniture;
(F) Installing offset hinges to widen
			 doorways;
(G) Installing accessible
			 door hardware;
(H) Installing
			 elevators; and
(I) Relocating
			 Lottery games and related services within the retailer's premises to
			 accommodate persons who use wheelchairs.
Oregon Administrative Rules › Chapter 177 - OREGON STATE LOTTERY › Division 40 - RETAILER CONTRACT › Section 177-040-0105 - Change Location

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any
			 time a Lottery retailer moves its existing business to new premises, the
			 retailer must receive approval from the Lottery before moving the sale of
			 Lottery tickets or shares to the new location.
(2) For a change in location to be approved,
			 the new premises must meet all requirements necessary for operation as a
			 Lottery retailer.
(3) If the
			 Lottery retailer is changing the nature of the business, the Director may
			 terminate the existing retailer contract and require the retailer to apply for
			 a new retailer contract.
Stat. Auth.: OR Const. Art. XV, Sec. 4(4)
Stats. Implemented: ORS
				  461
Oregon Administrative Rules › Chapter 177 - OREGON STATE LOTTERY › Division 40 - RETAILER CONTRACT › Section 177-040-0110 - Contract Non-Transferable

Current through Register Vol. 63, No. 7, July 1, 2024
A Lottery retailer contract does not have value, and cannot be
				sold, transferred, or assigned.
Stat. Auth.: Or. Const. Art. XV, Sec. 4(4); ORS 461
Stats. Implemented: ORS
				  461.300
Oregon Administrative Rules › Chapter 177 - OREGON STATE LOTTERY › Division 40 - RETAILER CONTRACT › Section 177-040-0115 - Underage Seller

Current through Register Vol. 63, No. 7, July 1, 2024
No one under the age of 18 may sell Lottery tickets or
				shares.
Stat. Auth.: Or. Const. Art. XV, Sec. 4(4); ORS 461
Stats. Implemented: ORS
				  461.300
Oregon Administrative Rules › Chapter 177 - OREGON STATE LOTTERY › Division 40 - RETAILER CONTRACT › Section 177-040-0120 - Subsequent Application

Current through Register Vol. 63, No. 7, July 1, 2024
When a retailer contract is terminated for any reason, the
				retailer, or an applicant that is similar to the retailer whose contract was
				terminated, will be required to wait one year to reapply for a retailer
				contract. In the Director's sole discretion, the Director may waive all or a
				portion of the one-year requirement based upon a showing of good cause by the
				applicant.
Stat. Auth.: Or. Const. Art. XV, Sec. 4(4); ORS 461
Stats. Implemented: ORS
				  461.300
Oregon Administrative Rules › Chapter 177 - OREGON STATE LOTTERY › Division 40 - RETAILER CONTRACT › Section 177-040-0125 - Termination of Retailer Contract When An Applicant Does Not Qualify As A Key Person

Current through Register Vol. 63, No. 7, July 1, 2024
When the Director determines that an applicant does not qualify
				as a key person, that is grounds for termination of the retailer contract
				associated with the applicant.
Stat. Auth.: Or. Const. Art. XV, Sec. 4(4); ORS 461
Stats. Implemented: ORS
				  461.300
Oregon Administrative Rules › Chapter 177 - OREGON STATE LOTTERY › Division 40 - RETAILER CONTRACT › Section 177-040-0130 - Adding a Location

Current through Register Vol. 63, No. 7, July 1, 2024
An existing Lottery retailer may apply for and may receive
				approval for a contract for an additional location prior to that site being
				open to the public.
Stat. Auth.: OR Const. Art. XV, Sec. 4(4) & ORS
				  461
Stats. Implemented: ORS
				  461.300
Oregon Administrative Rules › Chapter 177 - OREGON STATE LOTTERY › Division 40 - RETAILER CONTRACT › Section 177-040-0160 - Suspension of OLCC License

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 General: Any Lottery retailer whose liquor license has been suspended by the
			 Oregon Liquor and Cannabis Commission (OLCC) must immediately notify the
			 Lottery of the suspension.
(2)
			 Disabling Equipment: The Director shall disable all video lottery terminals in
			 a retailer's establishment during the period that the OLCC has suspended the
			 retailer's liquor license. Notwithstanding the term of the OLCC suspension, the
			 Director may keep the video lottery terminals disabled during the Lottery
			 Security investigation required by section (3) of this rule. The Director may
			 also suspend the sale of all non-video Lottery tickets and shares and suspend
			 all transactions on the retailer's computer link to the Lottery, disabling the
			 retailer's ability to validate tickets and shares.
(3) Lottery Investigation: The Director shall
			 initiate an investigation by Lottery Security of the suspension of a video
			 Lottery retailer's liquor license. The Director may initiate an investigation
			 by Lottery Security of the suspension of a traditional Lottery retailer's
			 liquor license. Lottery Security will report the results of the investigation
			 to the Director. The Director will review the findings of that investigation
			 and the circumstances underlying the suspension by the OLCC. The Director will
			 make a determination whether the findings of the investigation and the
			 circumstances underlying the suspension will result in sanctions under the
			 retailer contract, up to and including immediate termination of the
			 contract.
Statutory/Other Authority: OR Const. Art. XV, Sec. 4(4) &
				  ORS 461
Statutes/Other Implemented: ORS
				  461.300
Oregon Administrative Rules › Chapter 177 - OREGON STATE LOTTERY › Division 40 - RETAILER CONTRACT › Section 177-040-0180 - Notice Requirement

Current through Register Vol. 63, No. 7, July 1, 2024
Lottery retailers who offer video Lottery games must post in a
				conspicuous place on the retailer's premises at least one copy of a notice
				containing information concerning compulsive gambling.
Stat. Auth.: Or. Const. Art. XV, Sec. 4(4); ORS 461
Stats. Implemented: ORS
				  461.300
Oregon Administrative Rules › Chapter 177 - OREGON STATE LOTTERY › Division 40 - RETAILER CONTRACT › Section 177-040-0200 - Lottery Retailer Second Chance Drawings

Current through Register Vol. 63, No. 7, July 1, 2024
Lottery retailers are prohibited from conducting second chance
				drawings for prizes which require the use of a non-winning Oregon
				Lottery® ticket or share as an entry into a
				drawing conducted or operated by the retailer.
Stat. Auth.: ORS 461 & OR Const. Art. XV, Sec.
				  4(4)
Stats. Implemented: ORS
				  461.200
Oregon Administrative Rules › Chapter 177 - OREGON STATE LOTTERY › Division 40 - RETAILER CONTRACT › Section 177-040-0300 - Request for Reconsideration for Contract Denials, Key Person Denials, and Contract Terminations

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
General
: When the Lottery issues a contract denial, a key person
			 denial, or a contract termination order, the denied contract applicant, the
			 retailer who submitted the denied key person application, or the terminated
			 Lottery retailer may request that the Lottery reconsider the denial or contract
			 termination order.
(2)
Form
			 of Request
: Each denial or contract termination order issued by the
			 Lottery will inform the applicant or the retailer of the right to request
			 reconsideration of the denial or contract termination order. Each request for
			 reconsideration must meet the following requirements:
(a) The request for reconsideration must be
			 submitted in writing within 60 days of the date of the denial or
			 termination;
(b) The request for
			 reconsideration must allege either a change in circumstances or it must provide
			 additional information sufficient to show that the circumstances which are the
			 basis for the order should not result in denial or termination or are fully
			 corrected or resolved.
Oregon Administrative Rules › Chapter 177 - OREGON STATE LOTTERY › Division 40 - RETAILER CONTRACT › Section 177-040-0310 - Alternative Dispute Resolution Policy

Current through Register Vol. 63, No. 7, July 1, 2024
The Lottery encourages the use of an alternative dispute
				resolution process, such as mediation, in disputes arising between a retailer
				and the Lottery, when such process is appropriate and provides for a more
				efficient and effective dispute resolution.
Stat. Auth.: ORS 461 & OR Const. Art. XV, Sec. 4(4), HB
				  2237 (2005)
Stats. Implemented: ORS
				  461.300
Oregon Administrative Rules › Chapter 177 - OREGON STATE LOTTERY › Division 40 - RETAILER CONTRACT › Section 177-040-0320 - Alternative Dispute Resolution Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Application and Limitations: The Lottery,
			 in its discretion, may agree to an alternative dispute resolution process to
			 resolve a dispute between a retailer and the Lottery subject to the following
			 limitations:
(a) No Surrender of Authority:
			 The Lottery will not agree to any process in which its ultimate settlement or
			 decision making authority is given to a third party.
(b) Voluntary Process: All participants must
			 voluntarily agree to the use of an alternative dispute resolution process. The
			 process is voluntary and the Lottery and any other participant may withdraw
			 from the process at any time and for any reason.
(c) Mediator: A mediator does not represent
			 the interests of any of the participants including the Lottery, may not offer
			 legal advice, and has no decision making power to determine facts or impose a
			 resolution, settlement, or other decision on the participants.
(d) Settlement: Nothing in this rule
			 obligates the Lottery to agree to an alternative dispute resolution process to
			 resolve a dispute, to offer funds to settle any dispute or controversy, to
			 accept a particular settlement or resolution, to alter its standards for
			 accepting settlements, to submit to binding arbitration, or to alter any
			 existing delegation of settlement or litigation authority.
(e) Alternative Dispute Resolution Precluded:
			 An alternative dispute resolution process may not be used if a contract
			 termination is issued under the circumstances described in subsection (3)(b) of
			 this rule.
(f) Legal Action Filed:
			 An alternative dispute resolution process as described in this rule may not be
			 used if a legal action has been filed in court covering the same subject
			 matter.
Oregon Administrative Rules › Chapter 177 - OREGON STATE LOTTERY › Division 45 - RETAIL SALES EQUIPMENT AND GAME MANAGEMENT › Section 177-045-0000 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
For purposes of OAR chapter 177, division 45, the following
				definitions apply except as otherwise specifically provided in OAR chapter 177
				or unless the context requires otherwise:
(1) "Concentration of Video Lottery
			 retailers" means:
(a) More than three Video
			 Lottery retailers in a strip mall that has seven or fewer retail spaces or
			 storefronts;
(b) More than four
			 Video Lottery retailers in a strip mall that has eight to nine retail spaces or
			 storefronts;
(c) More than five
			 Video Lottery retailers in a strip mall that has ten to eleven retail spaces or
			 storefronts; or
(d) More than six
			 Video Lottery retailers in a strip mall that has twelve or more retail spaces
			 or storefronts.
Oregon Administrative Rules › Chapter 177 - OREGON STATE LOTTERY › Division 45 - RETAIL SALES EQUIPMENT AND GAME MANAGEMENT › Section 177-045-0010 - Equipment Management Generally

Current through Register Vol. 63, No. 7, July 1, 2024
(1) General Equipment Management: The
			 Director of the Lottery shall manage Lottery equipment pursuant to ORS
			 461.200. The Director may place
			 or remove Lottery equipment on a retailer's premises when in the judgment of
			 the Director it is in the best interests of the Lottery. The Lottery may
			 discontinue or remove existing equipment, or may implement new or replacement
			 equipment at any time and for any reason the Director determines is in the best
			 interests of the Lottery.
(2)
			 Retailer's Sales: A retailer's sales, or in the case of an applicant,
			 reasonably estimated sales, of Lottery tickets and shares are an important
			 factor to be considered by the Director in managing Lottery
			 equipment.
(3) Equipment
			 Inspection: The Lottery may access, inspect, furnish, repair, place, replace,
			 upgrade, modify, add, or remove Lottery equipment at a retailer's premises at
			 any time during regular business hours.
(4) Obsolete and Defective Equipment: The
			 Lottery may replace obsolete or defective equipment with new, used, or
			 refurbished replacement equipment.
(5) Test Equipment: With the consent of the
			 retailer, the Lottery may deploy equipment on the retailer's premises to test
			 the equipment. The Director or the Director's designee shall determine how long
			 the equipment will remain and the conditions of the test.
(6) Other Laws: This rule does not preclude
			 the Lottery from removing any or all of its equipment pursuant to any other
			 applicable law, rule, or contract provision.
(7) Smoking Prohibition: The Lottery will not
			 place its equipment, terminals, tickets, or shares, in any smoking environment.
			 The Lottery does not permit its employees, representatives, or agents to enter
			 into, or to place Lottery equipment, terminals, tickets, or shares, or
			 advertising in any smoking environment.
Stat. Auth.: ORS 461 & OR Const. Art. XV, Sec. 4(4)
Stats. Implemented: ORS
				  461.200
Oregon Administrative Rules › Chapter 177 - OREGON STATE LOTTERY › Division 45 - RETAIL SALES EQUIPMENT AND GAME MANAGEMENT › Section 177-045-0030 - Video Lottery Game Terminals

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Allocation of Terminals: In the exercise
			 of the Director's discretion and subject to all other requirements, the
			 Director may allocate and reallocate the Lottery's Video Lottery game terminals
			 among Video Lottery retailers at any time and in any manner. The Director shall
			 consider:
(a) Availability: The availability
			 of the terminals and related equipment.
(b) Public Access: Adequate and convenient
			 public access to Video Lottery games.
(c) Retailer Sales: The actual or projected
			 dollars played video sales generated from the play of Video Lottery games at
			 each Video Lottery retail location. A new or existing Video Lottery retailer
			 shall generate a minimum of $10,000 in average dollars played video sales per
			 week per terminal as determined by the Director. The Lottery shall calculate
			 the average using any 90-day or greater time period determined by the Lottery.
			 Dollars played video sales means the amount wagered on Video Lottery games at
			 the retailer's premises. The Director may remove one or more terminals from a
			 retail location when the retailer is unable to meet the minimum sales
			 requirement.
Oregon Administrative Rules › Chapter 177 - OREGON STATE LOTTERY › Division 45 - RETAIL SALES EQUIPMENT AND GAME MANAGEMENT › Section 177-045-0035

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: Or Const, Art XV. § 4(4)(a),
				  ORS
				  183.325,
				  183.335,
				  461.120,
				  461.130,
				  461.150,
				  461.200,
				  461.215,
				  461.217,
				  461.260,
				  461.300,
				  461.500  & OAR
				  177-010-0025
Statutes/Other Implemented: Or Const, Art XV, § 4, ORS
				  183.310,
				  ORS
				  183.325,
				  183.335,
				  461.120,
				  461.130,
				  461.150,
				  461.200,
				  461.215,
				  461.217,
				  461.260,
				  461.300,
				  461.500  & OAR
				  177-010-0025
Oregon Administrative Rules › Chapter 177 - OREGON STATE LOTTERY › Division 45 - RETAIL SALES EQUIPMENT AND GAME MANAGEMENT › Section 177-045-0060 - Equipment Loss or Damage

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
Loss Claim Under $2,500
:
(a) A retailer is responsible for the actual
			 cost of replacing, repairing, or removing lost, damaged, or destroyed Lottery
			 equipment when the loss per occurrence is under $2,500 and the retailer:
(A) Failed to exercise reasonable care to
			 protect the equipment from damage, destruction, or theft;
(B) Intentionally damaged, destroyed, or
			 stole the equipment, or allowed others to damage, destroy, or steal Lottery
			 equipment; or
(C) Unless waived by
			 the Director, previously had a loss claim (whether charged to the retailer or
			 not) within the preceding twelve months.
Oregon Administrative Rules › Chapter 177 - OREGON STATE LOTTERY › Division 45 - RETAIL SALES EQUIPMENT AND GAME MANAGEMENT › Section 177-045-0080 - Finality of Decisions

Current through Register Vol. 63, No. 7, July 1, 2024
The decisions and determinations of the Director under this
				Division are final.
Stat. Auth.: ORS 461 & Or. Const. Art. XV, Sec.
				  4(4)
Stats. Implemented: ORS
				  461.200,
				  461.217,
				  461.300
Oregon Administrative Rules › Chapter 177 - OREGON STATE LOTTERY › Division 46 - LOTTERY GAMES GENERAL OPERATING RULES › Section 177-046-0010 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of division 46 is to set forth standardized rule
				provisions that are applicable to all games offered by the Lottery, except
				Video Lottery games. Each type of game is set forth in a specific division
				containing rules unique to that type of game. In the event of a conflict
				between a provision contained in this Division and the rule division that is
				specific to a game, the provision in the specific rule division for that game
				controls. This division will apply to a Video Lottery game only if a rule
				applicable to Video Lottery games states that this division or a rule in this
				division applies in a particular instance.
Statutory/Other Authority: ORS 461 & OR Const. Art. XV
				  & Sec. 4(4)
Statutes/Other Implemented: ORS
				  461.210,
				  461.220,
				  461.230,
				  461.240  & 461.250
Oregon Administrative Rules › Chapter 177 - OREGON STATE LOTTERY › Division 46 - LOTTERY GAMES GENERAL OPERATING RULES › Section 177-046-0020 - Sale of Lottery Tickets and Shares

Current through Register Vol. 63, No. 7, July 1, 2024
(1) General: The Director may contract with
			 retailers for the sale of Lottery tickets and shares. Except as provided in
			 section (3) of this rule, only a retailer under contract with the Lottery may
			 sell Lottery tickets or shares. Nothing in this section shall be construed to
			 prevent a person who lawfully purchases or possesses a Lottery ticket or share
			 from making a gift of such ticket or share to another.
(2) Retailer Sales Locations: Unless
			 authorized by the Lottery, Lottery tickets or shares may only be sold by a
			 Lottery retailer at the location listed in the retailer contract.
(3) Lottery Sales: The Lottery may designate
			 its agents or employees to sell Lottery tickets or shares directly to the
			 public, either in person at Lottery Headquarters, at a Lottery kiosk, other
			 locations designated by the Director for the sale of Lottery tickets and
			 shares, or sales by the Lottery through electronic means. For purposes of
			 Lottery's traditional lottery game rules, reference to a "retailer," "Lottery
			 retailer," or "Lottery On-line retailer" includes Lottery sales unless the
			 context or a specially applicable provision indicates otherwise.
(4) Future Drawings: A player may purchase a
			 ticket or tickets for future consecutive drawings to the extent permitted by
			 the Lottery for each Lottery game. The player must specify at the time of
			 purchase that the ticket or tickets include future consecutive drawings.
(5) Sales Are Final: Unless
			 otherwise provided in OAR chapter 177, the sale of all Lottery tickets and
			 shares is final. A player may not return a Lottery ticket or share for a refund
			 of the purchase price or exchange unless the specific game rule provides
			 otherwise. The Lottery is not liable for Lottery tickets or shares that are
			 purchased in error.
(6)
			 Distribution: The Director is authorized to arrange for the direct distribution
			 of Lottery equipment, ticket stock, and supplies shipped directly from the
			 manufacturer or supplier to an authorized retailer.
Stat. Auth.: ORS 461 & OR Const. Art. XV, Sec.
				  4(4)
Stats. Implemented: ORS
				  461.020,
				  461.210,
				  461.220,
				  461.230,
				  461.240,
				  461.250 &
				  461.260
Oregon Administrative Rules › Chapter 177 - OREGON STATE LOTTERY › Division 46 - LOTTERY GAMES GENERAL OPERATING RULES › Section 177-046-0022 - Player Account

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 General: To play Lottery games digitally, an individual must establish a player
			 account by accurately completing the registration form provided on the mobile
			 app or site.
(2) Eligibility: To be
			 eligible to create a player account and play games digitally, an individual
			 must:
(a) Be at least 21 years of
			 age;
(b) Open one player account
			 only in the individual's own legal name, for their sole benefit, and not on
			 behalf of anyone else;
(c) Have a
			 high-speed Internet connection and consent to the use of geolocation
			 technologies to verify the individual's location when playing a Lottery game on
			 a mobile app or site;
(d) Provide
			 all information requested to verify the individual's age, identity, and
			 eligibility and consent to the verification of the individual's identifying
			 information, including the release of information provided by the individual to
			 third parties to verify such information;
(e) Consent to the terms of use presented to
			 the individual by the entity holding the player account, including, but not
			 limited to, terms relating to the flow of funds through the player account as
			 described in the terms of use and OAR 177-046-0027; and
(f) Agree to and comply with any terms of
			 use, terms and conditions, privacy policies, and in-game rules, as they are
			 updated from time to time, provided on the mobile app or site.
Oregon Administrative Rules › Chapter 177 - OREGON STATE LOTTERY › Division 46 - LOTTERY GAMES GENERAL OPERATING RULES › Section 177-046-0030 - Stolen, Destroyed, or Damaged Lottery Tickets or Shares

Current through Register Vol. 63, No. 7, July 1, 2024
A Lottery retailer may receive credit for stolen, defective,
				damaged, or destroyed Lottery tickets or shares only as specified in the
				specific game rule or in the Lottery retailer contract.
Stat. Auth.: ORS 461 & OR Const. Art. XV, Sec.
				  4(4)
Stats. Implemented: ORS
				  461.020,
				  461.210,
				  461.220,
				  461.230,
				  461.240,
				  461.250 &
				  461.260
Oregon Administrative Rules › Chapter 177 - OREGON STATE LOTTERY › Division 46 - LOTTERY GAMES GENERAL OPERATING RULES › Section 177-046-0040 - Retail Price Discounts and Retailer Promotions

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
General
: The Lottery may
			 offer discounts from the retail sale price of Lottery tickets or shares to the
			 public by any method approved by the Director. The Director will communicate or
			 distribute information regarding discounts by using methods designed to reach
			 the public. These methods may include, but are not limited to, the use of
			 direct mail, newspaper advertising, or by offering coupons at Lottery offices
			 or retail locations.
(2)
Retailer Promotions
: The Director may provide written
			 authorization for a Lottery retailer to engage in a promotion in which the
			 retailer gives one or more Lottery tickets or shares to the retailer's
			 customers in exchange for the purchase of goods or services.
(a) A Lottery retailer seeking authorization
			 to conduct such a promotion shall identify, to the degree required by the
			 Director, the goods or services to be purchased by a customer in exchange for a
			 Lottery ticket or share and the number and type of tickets or shares to be
			 given to the customer in exchange.
(b) A Lottery retailer is not permitted to
			 increase the price of goods or services offered for sale as a part of the
			 promotion to recoup costs associated with the promotion.
(c) It is the policy of the Lottery to
			 authorize a promotion described in this section only when the proposed
			 promotion maintains the integrity, security, honesty, and fairness of the
			 Lottery.
(d) Lottery tickets or
			 shares given during an authorized promotion are considered and counted as a
			 sale for the retail price established by the Lottery in the rules for each
			 Lottery game.
(e) No promotion is
			 authorized unless it complies with this rule.
Oregon Administrative Rules › Chapter 177 - OREGON STATE LOTTERY › Division 46 - LOTTERY GAMES GENERAL OPERATING RULES › Section 177-046-0050 - Accuracy of Tickets and Shares

Current through Register Vol. 63, No. 7, July 1, 2024
It is the sole responsibility of a player to verify the
				accuracy of a Lottery ticket or share purchased by the player. The Lottery is
				not liable for any Lottery ticket or share purchased or printed in error.
				Specific Lottery game rules may provide for cancellation of a Lottery ticket or
				share under certain circumstances.
Stat. Auth.: ORS 461 & OR Const. Art. XV, Sec.
				  4(4)
Stats. Implemented: ORS
				  461.020,
				  461.210,
				  461.220,
				  461.230,
				  461.240,
				  461.250 &
				  461.260
Oregon Administrative Rules › Chapter 177 - OREGON STATE LOTTERY › Division 46 - LOTTERY GAMES GENERAL OPERATING RULES › Section 177-046-0060 - Cancellation of Lottery Tickets and Shares

Current through Register Vol. 63, No. 7, July 1, 2024
(1) General: Except as provided in section
			 (2) of this rule, if a specific rule provides that the purchaser of a Lottery
			 ticket or share may cancel the purchase, the following is the procedure for
			 cancellation:
(a) To cancel a purchase of a
			 Lottery ticket or share, the player must return it to the selling retailer on
			 the day of purchase before wagers are disabled prior to the first drawing or
			 other winner determination time as applicable.
(b) The player shall receive a refund from
			 the retailer equal to the purchase amount of the Lottery ticket or
			 share.
(c) If a Lottery ticket or
			 share cannot be cancelled because the Lottery's central computer system does
			 not record the cancellation in a timely manner due to a mechanical or
			 electronic transmission malfunction, credit may still be given to the retailer
			 provided the following steps are taken:
(A)
			 The retailer attempts to cancel the Lottery ticket or share before wagers are
			 suspended and a computer record of the attempt is created.
(B) The retailer calls the Retailer Services
			 Hotline and gives the Lottery ticket or share's identifying number to the
			 operator, and
(C) The retailer
			 mails the Lottery ticket or share to the Lottery within two weeks from the date
			 of purchase.
Oregon Administrative Rules › Chapter 177 - OREGON STATE LOTTERY › Division 46 - LOTTERY GAMES GENERAL OPERATING RULES › Section 177-046-0070 - Official Start of Each Lottery Game

Current through Register Vol. 63, No. 7, July 1, 2024
The Director may publicly announce the game launch and start
				date of each new Lottery game to Lottery retailers by posting the information
				on the Lottery's official website, or by any other appropriate means. The
				Director may also announce the description of the game, the number and value of
				the prizes in the game, and the odds of winning those prizes.
Stat. Auth.: ORS 461 & OR Const. Art. XV, Sec.
				  4(4)
Stats. Implemented: ORS
				  461.020,
				  461.210,
				  461.220,
				  461.230,
				  461.240,
				  461.250 &
				  461.260