(1)
The selection and distribution of draw game retailers throughout the state will
be based on:
(a) The number of licensed
retailers in each of the regions identified in WAC
315-12-030, and then;
(b) The potential for revenue generation,
demographics, and public accessibility within that region.
(2) Only a person who possesses a valid
provisional or general license may be authorized by the director to sell draw
game tickets.
(3) In addition, the
director may consider the following factors in the selection of lottery
retailers authorized to sell draw games.
(a)
Business and security considerations which include but are not limited to: (i)
Instant game accounts receivable record, (ii) criminal history of owners and
officers, (iii) history of criminal activity at the business establishment,
(iv) past security problems, (v) credit rating as defined in WAC
315-04-095, (vi) licensing
requirements, and (vii) history of administrative or regulatory
actions.
(b) Marketing
considerations which include but are not limited to: (i) Instant ticket sales
history, (ii) outside vehicle traffic, (iii) retail customer count, (iv) access
to location, and (v) management attitude and willingness to promote lottery
products.
(4) The
director shall determine the total number of lottery terminals to be installed
throughout the state and shall establish procedures for draw game site
selection. In determining the order in which TDMs will be installed within a
given geographic area, an on-line site selection survey will be completed in
which, the factors considered will include but not be limited to:
(a) General information;
(b) Description of proposed site;
(c) Proposed lottery terminal
location;
(d) Products
sold;
(e) Services
available;
(f) Store's
hours;
(g) Estimated draw game
sales;
(h) Instant sales per
week;
(i) Nearest four draw game
lottery retailer sales per week;
(j) District sales representative's
assessment; and
(k) Regional sales
manager's assessment.
(5) The director may, after a lottery
terminal has been in operation for six months, order the removal of a lottery
terminal from a low producing retailer location after considering marketing
factors which include but are not limited to:
(a) Sales volume not increasing at statewide
average;
(b) Weekly sales volume
below that of similar businesses with similar market potential;
(c) Sales volume below $5,000 per week in
metropolitan areas;
(d) Public is
adequately served by other draw game retailer locations; and
(e) Failure to generate sufficient sales
volume to cover the lottery's administrative costs.
(6) The director may immediately discontinue
a lottery retailer operation, order removal of a lottery terminal from a draw
game lottery retailer location, or take any other action authorized under WAC
315-04-200 in the event that the
lottery retailer authorized to sell draw game tickets:
(a) Fails to comply with any rule established
by the commission, any instruction issued by the director;
(b) Tampers with or attempts to tamper with
the lottery terminal;
(c) Fails to
make payment of a prize;
(d) Makes
payment with a business check and the check is dishonored for any reason;
or
(e) Fails to enter into the
uniform agreement with the lottery as required in WAC
315-30-075.