N.Y. Comp. Codes R. & Regs. tit. 9 § 5001.10

Current through Register Vol. 46, No. 42, October 16, 2024

Section 5001.10 - Conditions of licensing

Upon issuance of a license, the sales agent shall agree to the following conditions:

(a) The sales agent shall comply with the provisions of the act, the licensing agreement, and any rules, regulations, procedures, policies and instructions promulgated or issued by the commission.

(b) The agent shall offer tickets to the public for sale during normal business hours.

(c) The agent shall utilize, display and maintain authorized displays, notices, entry boxes and other marketing materials used in connection with ticket sales as instructed by the commission.

(d) All tickets accepted by the agent from the commission, or from such agent's distribution or safekeeping depository, are deemed to have been purchased by the agent at the price established by the commission, less appropriate sales commission discounts, if any. At the discretion of the commission tickets may be released to agents on a consignment basis and the commission may agree to accept for credit any unsold tickets; however, if unsold tickets are not returned to the authorized distribution or safekeeping depository on or before the stated deadline, the agent is responsible to pay for them in full.

(e) The sales agent shall maintain current and accurate records of all transactions in connection with ticket sales in conformity with the rules, regulations, licensing agreement, policies, procedures and instructions relating thereto, as promulgated or issued by the commission.

(f) The agent shall redeem for cash all lottery tickets with a value of $25 or less.

(g) The agent shall make available to representatives of the division upon request for inspection and audit such records as the agent may be required to maintain.

(h) The agent's license issued under this Part may be suspended or revoked or have the renewal of such license rejected.

(i) The agent shall hold the commission harmless from any liability that may arise as a result of conducting lottery ticket sales.

(j) A lottery sales agent is an independent contractor, and any contractual or tortious liability the agent may incur in connection therewith shall be the sole responsibility of the agent.

(k) The agent's license shall be issued for a fixed period of time, and thereafter renewed on an annual basis unless such licensing period shall be extended or changed at the discretion of the commission.

(l) The agent shall surrender to the commission upon request the license, agent identification card, and all lottery forms and materials supplied by the commission upon the suspension, revocation, or termination of such license, including temporary suspension.

(m) Lottery agents and distributors are responsible for all lost, stolen, or destroyed tickets provided by the commission and will pay for such tickets at the appropriate settlement time. The commission will not reimburse agents or distributors for such tickets. Lottery tickets are valuable and should be handled with care.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 5001.10