Sec. 1770.30 - Special Licenses

ยง 1770.30. Special Licenses

a) The Superintendent may issue special licenses from time to time for the sale of Lottery products at public events of short-term duration and limited geographic scope. Examples of these events include, but are not limited to, State and county fairs, ethnic festivals and street fairs. The Superintendent may also issue special licenses to undertake pilot ticket sales in order to evaluate the desirability and longer term viability of the location and nature of ticket sales or the person being granted the special license before that person is granted a traditional license. Subject to the provisions of subsection (c), a special license shall entitle the holder to conduct sales of instant tickets only for the term of the license and on the licensed premises. The term of the special license shall be determined by the duration of the event or a pilot program.

b) Factors that shall be considered by the Superintendent in determining whether to license the sale of Lottery products during the course of a public event, or otherwise under a special license, shall include, but are not limited to:

1) The anticipated public perception of the event or licensee as an appropriate vehicle for marketing of Lottery products;

2) The term and expected attendance at the event, or traffic at the licensee's location, as a measure of anticipated sales; and

3) Sensitivity of the sponsor or licensee to the preservation of the integrity of the Lottery and its products, including the sponsor's or licensee's conduct of similar activities or events, if any, in a responsible manner.

c) Any person may apply for a special license. However, to be granted on-line status, an applicant must be a currently licensed Lottery sales agent with on-line status authorized to sell on-line products. Applications for special licenses will be subject to the discretionary review of the Superintendent as provided in subsections (a) and (b). In granting on-line status, the Superintendent shall additionally consider the cost of installation and availability of equipment balanced against the anticipated volume of sales of Lottery products.

d) Licensed Lottery sales agents holding special licenses are subject to the same responsibilities and restrictions as regular licensed sales agents as set forth in this Part. However, the Superintendent may, in his or her discretion, temporarily waive a particular condition of licensing, including the pre-existing on-line status requirement of subsection (c), in order to carry out the purposes of this Section.

e) If the Superintendent determines Lottery tickets should be sold at a public event, and no application for special license is received for that event, the Superintendent may assign such personnel of the Department or of the Private Manager as may be appropriate to sell tickets to the public at the event.

f) The Superintendent may issue special licenses to veterans' service organizations permitting the organizations to sell the specialty tickets authorized by Section 21.6 of the Act on a year-round basis and with no requirement to sell other Lottery products. No application or renewal fee shall be charged for this special class of license, and the licensees shall not be required to redeem winning tickets. Bonuses and commissions earned by the veterans' service organizations shall be as specified in Section 10.8 of the Act.

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Amended at 36 Ill. Reg. 14356, effective September 14, 2012

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