Arkansas Code of 1987 (2023)
Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105)
Subtitle 4 - MISCELLANEOUS REGULATED INDUSTRIES (§§ 23-110-101 — 23-119-105)
Chapter 115 - ARKANSAS SCHOLARSHIP LOTTERY ACT (§§ 23-115-101 — 23-115-1102)
Subchapter 6 - RETAILERS (§§ 23-115-601 — 23-115-612)
Section 23-115-607 - Business closure authority - Notice

• (a) In addition to all other remedies provided by law for failure to remit lottery proceeds due the Office of the Arkansas Lottery, the Director of the Office of the Arkansas Lottery may close the business of a retailer if the retailer fails to comply with § 23-115-605(b) three (3) times within any consecutive twenty-four-month period.

• (b)
  • (1) The director shall give notice to the retailer that the third delinquency in complying with § 23-115-605(b) in any consecutive twenty-four-month period may result in the closure of the business.
  • (2) The notice shall be in writing and delivered to the retailer by:
    • (A) The United States Postal Service; or
    • (B) Hand delivery.

• (c)
  • (1) If the retailer has a third delinquency in complying with § 23-115-605(b) in any consecutive twenty-four-month period after the issuance of the notice provided in subsection (b) of this section and the director chooses to close the business, the director shall notify the retailer by certified mail or by hand delivery that the business will be closed within five (5) business days from the date of receipt of the notice unless the retailer avoids closure of the business under subsection (d) of this section.
  • (2) If the fifth day falls on a Saturday, Sunday, or legal holiday, the performance of an act to avoid closure of the business under subsection (d) of this section is timely when performed on the next succeeding business day that is not a Saturday, Sunday, or legal holiday.

• (d) A retailer may avoid closure of the business by:
  • (1) Remitting the delinquent lottery proceeds; or
  • (2) Entering into a written payment agreement approved by the director to satisfy the lottery proceeds delinquency.

Amended by Act 2015, No. 218,§ 25, eff. 2/26/2015.

Acts 2009, No. 1405, § 44.