961 CMR, § 2.13 - Denial, Revocation, Suspension or Non-Renewal of License

A Sales Agent's license may be revoked, suspended or an application may be denied or its renewal rejected by the Director, or Sales Agent's privilege to sell tickets or shares in one or more of the Lottery games operated by the Commission may be revoked or denied by the Director, for one or more or all of the outlets listed thereon for any one or more of the following reasons.

(1) If the Applicant or Sales Agent has violated any provisions of law or 961 CMR 2.00 as amended from time to time or any other directives of the Director;

(2) If the Applicant or Sales Agent's application for a license or other representations to the Director, his/her agents and employees, contain false or misleading information;

(3) If, in the discretion of the Director, such denial, revocation, suspension or rejection of renewal is in the best interests of the Lottery, the public welfare, or the Commonwealth of Massachusetts;

(4) If the projected or actual sales volume of sales by the Sales Agents or Applicant is sufficiently below an amount warranting issuance or continuance of his/her outlet(s) as a sales location taking into account the number of other sales outlets in the Applicant or Sales Agent's sales area, the possible seasonable business of the Applicant or Sales Agent, the change of traffic or public accessibility to the Applicant or Sales Agent's sales outlets or the population serviced by the Agent's outlets;

(5) If the manner of operation and security control by the Applicant or Sales Agent relative to Lottery business is not in accordance with 961 CMR 2.00;

(6) If there is a history of thefts or other forms of losses of Lottery tickets or revenues therefrom;

(7) If the moral character of the Applicant or Sales Agent, or any employee of the Applicant or Sales Agent who holds a position of substantial authority in the Applicants or Sales Agent's business, or any of the Applicant or Sales Agent's employees or agents handling Lottery business, is found by the Director to be deficient. Conviction at any time of a felony or of any violation of M.G.L. c. 271 or any other anti-gambling law or law relating to the taxation of gambling or the proceeds thereof shall create a presumption of deficient moral character;

(8) If there is a delay in the Sales Agent's accounting or depositing in his/her designated bank account the revenues received from the Lottery ticket sales;

(9) The Director may immediately remove a Sales Agent's on-line system terminal, validation terminal, instant game tickets, pull tab tickets, television monitors and betting stations upon the bringing of a criminal complaint or indictment against the Sales Agent or any employee of the Agent who holds a position of substantial authority in the Sales Agent's business, or any other Sales Agent's employees or Agents handling Lottery business and for any of the reasons set forth in 96l CMR 2.13(1) through 2.13(13) pending a hearing pursuant to 96l CMR 2.18.

(10) If the Sales Agent's record or history indicates attempts to evade, circumvent, fail to use, or misuse the on-line Instant ticket cashing system.

(11) If the Sales Agent sells tickets to individuals under the age of eighteen years of age (see 96l CMR 2.50).

(12) The Director may not renew an existing Sales Agent's license who does not complete a Sales Agent Application, Sales Agent Agreement or Sales Agent Annual Update on a form(s) as prescribed by the Director.

(13) Upon an Event of Default under the Lottery Sales Agent Agreement entered into by the Sales Agent, or if the Sales Agent shall fail to perform, keep or observe any of the terms, covenants, promises, obligations, agreements or conditions contained in such Lottery Sales Agent Agreement, the Lottery Sales Agent Agreement may be terminated at the discretion of the Director or his/her designee.

Notes

961 CMR, § 2.13