316 Neb. Admin. Code, 35, § 308 - SALES AGENT: LICENSING REQUIREMENTS AND DUTIES
308.01 A Class II
licensee must have at least one of its members licensed as a sales agent. To be
eligible for a sales agent's license, an individual must have been an active
and bona fide member of the organization for at least one year prior to
applying for the license.
308.01A An
individual may be licensed as a sales agent for only one licensed organization
at any time. If an individual wishes to apply for a sales agent's license for a
different organization, he or she must first obtain a written release signed by
the utilization of funds member and at least one officer of the organization
that the individual had previously been licensed for as a sales agent, prior to
being eligible to apply for a license as a sales agent for another
organization. Such release shall only be given to the individual if he or she
has satisfied all of his or her legal obligations to the licensed organization
with respect to the sale of pickle cards. An organization shall not arbitrarily
and without good cause withhold or refuse to issue a release. A copy of the
release must be included with any new application for a sales agent's license
for another organization.
308.01B
An individual licensed as a sales agent cannot hold any other type of license
issued pursuant to the Nebraska Bingo Act, the Nebraska Lottery and Raffle Act,
or the Nebraska Pickle Card Lottery Act.
308.02 An individual is not considered to be
licensed as a sales agent and shall not conduct any activity for which such
license is required until he or she has physical possession of the sales
agent's license issued by the Department. An individual seeking a sales agent's
license shall apply for such license on a form supplied by the Department. Such
application shall contain, at a minimum, the following information:
308.02A The name and state identification
number of the licensed organization;
308.02B The name, address, social security
number, date of birth, and signature of the individual applying for the sales
agent's license;
308.02C The date
the individual became a member of the organization;
308.02D A statement signed by the licensed
organization's utilization of funds member indicating its approval of the
individual to act as a sales agent on behalf of the organization; and
308.02E The statutorily required license fee.
Such fee may be paid by the licensed organization.
308.03 The information contained in the
application shall be kept current. The sales agent shall notify the Department
within thirty (30) days of any changes to the application information. Changes
must be reported in writing and the Department may require the filing of a new
application.
308.04 An individual
applying for a sales agent's license is required to be fingerprinted for
criminal background investigation purposes. Two sets of fingerprints on cards
supplied by the Department must be submitted to the Nebraska State Patrol,
Criminal Investigation Division, along with the required fees. Such fees may be
paid by the licensed organization.
308.04A If
an individual applying for a sales agent's license has been issued a license by
the Nebraska Liquor Control Commission, the Department may, at its discretion,
waive the fingerprinting requirement.
308.04B An individual renewing his or her
sales agent's license shall not be required to submit additional fingerprint
cards or pay additional fingerprinting fees unless specifically requested to do
so by the Department.
308.05 A sales agent's license shall expire
and may be renewed as provided in Regulation 35-302.08.
308.06 An individual licensed as a sales
agent shall have the following responsibilities:
308.06A Ensuring that the licensed
organization does not promise or represent to any licensed pickle card operator
or potential pickle card operator that the organization he or she represents
will pay or allow a pickle card operator or any other individual, firm,
corporation, or organization any amount of money or anything else of value as a
commission on a pickle card unit in excess of that amount allowed by law to
market such units as an inducement for a pickle card operator or potential
pickle card operator to sell pickle cards on behalf of the licensed
organization;
308.06B Explaining to
pickle card operators that the pickle card operator's license and the
authorization to sell on behalf of the organization the sales agent represents
must be conspicuously posted in order to sell pickle cards, as well as the
flare card for each pickle card unit in play at that location;
308.06C Soliciting orders from pickle card
operators to sell pickle cards on behalf of the licensed organization he or she
is licensed to represent;
308.06D
Ordering, picking up, and/or accepting delivery of pickle card units from
licensed distributors or the licensed organization which he or she represents
and delivering such units to licensed pickle card operators who are authorized
to sell pickle cards on behalf of the licensed organization he or she is
licensed to represent;
308.06D(1) A sales
agent may order, but not purchase, pickle card units on behalf of a licensed
organization. Only a licensed utilization of funds member may pay for the
purchase of such units.
308.06D(2)
A licensed sales agent may arrange delivery of pickle card units to a licensed
pickle card operator by mail or common carrier provided the requirements of
Regulation
35-308.06E and
35-308.06F are
adhered to.
308.06E
Collecting the check from a licensed pickle card operator representing the
definite profit of each pickle card unit transferred from a licensed
organization to a pickle card operator less the operator's commission either in
advance of or upon delivery of those units and delivering that check to the
utilization of funds member of the licensed organization he or she is licensed
to represent; and
308.06F Keeping
and maintaining an accurate record of the transactions between the licensed
organization and the pickle card operators to whom the sales agent transfers
pickle card units. Those records shall include the dates of delivery, the types
of units transferred and their serial numbers, the amount of payment from the
operator to the licensed organization, and the name of the individual making
payment on behalf of the operator. The sales agent shall prepare and issue a
standard receipt containing such information as prescribed by Regulation
35-309.07.
308.07 A
licensed sales agent shall not hold a license as a pickle card operator. No
sales agent shall have a substantial interest as defined in Regulation
35-300.09, in any pickle card operator.
308.07A No individual licensed as a sales
agent shall be a director, manager, trustee, or member of any governing
committee, board, or body of the licensed organization on whose behalf the
sales agent is licensed, if that individual receives any compensation from the
organization for his or her work as a sales agent. An ex officio board member
who participates in the decision making responsibilities of the licensed
organization may not be a compensated sales agent, regardless of the
individual's voting capability. For the purposes of this regulation,
compensation shall mean any payment, directly or indirectly from the
organization to the sales agent in connection with the sales agent's work which
relates to the organization's pickle card activity. Compensation shall not
include reimbursement for reasonable and necessary expenses actually incurred
by the sales agent in connection with the sale of pickle cards.
308.08 A licensed sales agent
shall not act or be licensed as a utilization of funds member for any licensed
organization.
Notes
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