2006 Ohio Revised Code - 3770.05. Lottery sales agent.

§ 3770.05. Lottery sales agent.
 

(A)  As used in this section "person" means any person, association, corporation, partnership, club, trust, estate, society, receiver, trustee, person acting in a fiduciary or representative capacity, instrumentality of the state or any of its political subdivisions, or any other combination of individuals meeting the requirements set forth in this section or established by rule or order of the commission. 

(B)  The director of the state lottery commission may license any person as a lottery sales agent. No license shall be issued to any person or group of persons to engage in the sale of lottery tickets as the person's or group's sole occupation or business. 
 

Before issuing any license to a lottery sales agent the director shall consider: 

(1) The financial responsibility and security of the person and the person's business or activity; 

(2) The accessibility of the agent's place of business or activity to the public; 

(3) The sufficiency of existing licensed agents to serve the public interest; 

(4) The volume of expected sales by the applicant; 

(5) Any other factors pertaining to the public interest, convenience, or trust. 

(C)  Except as otherwise provided in division (F) of this section, the director shall refuse to grant, or shall suspend or revoke, a license if the applicant or licensee: 

(1) Has been convicted of a felony, or has been convicted of a crime involving moral turpitude; 

(2) Has been convicted of an offense that involves illegal gambling; 

(3) Has been found guilty of fraud or misrepresentation in any connection; 

(4) Has been found to have violated any rule or order of the commission; 

(5) Has been convicted of illegal trafficking in food stamps. 

(D)  Except as otherwise provided in division (F) of this section, the director shall refuse to grant, or shall suspend or revoke, a license if the applicant or licensee is a corporation: 

(1) Any of whose directors, officers, or controlling shareholders have been found guilty of any of the activities specified in divisions (C)(1) to (4) of this section; 

(2) In which it appears to the director that due to the experience, character, or general fitness of any director, officer, or controlling shareholder the granting of a license as a lottery sales agent would be inconsistent with the public interest, convenience, or trust; 

(3) Not the owner or lessee of the business at which it will conduct a lottery sales agency pursuant to the license applied for, or that any person, firm, association, or corporation other than the applicant shares or will share in the profits of the applicant, other than receiving dividends or distributions as a shareholder, or will participate in the management of the affairs of the applicant. 

(E) (1)  The director shall refuse to grant a license to an applicant and shall revoke a license of a licensee if the applicant or licensee is or has been convicted of a violation of division (A) or (C)(1) of section 2913.46 of the Revised Code. 

(2) The director shall refuse to grant a license to an applicant that is a corporation and shall revoke the license of a licensee that is a corporation, if the corporation is or has been convicted of a violation of division (A) or (C)(1) ofÅ a violation of section 2913.46 of the Revised Code. 

(F)  The director shall request the bureau of criminal identification and investigation, the department of public safety, or any other state, local, or federal agency to supply the director with the criminal records of any applicant for a lottery sales agent license, and may periodically request such records of any person to whom such a license has been issued. At or prior to the time of making such a request, the director shall require an applicant or licensee to obtain fingerprint cards prescribed by the superintendent of the bureau of criminal identification and investigation at a qualified law enforcement agency and the director shall cause these fingerprint cards to be forwarded to the bureau of criminal identification and investigation and the federal bureau of investigation. The commission shall assume the cost of obtaining the fingerprint cards. The director shall pay to each agency supplying such records for each investigation a reasonable fee, as determined by the agency. The commission may adopt uniform rules specifying time periods after which the persons described in divisions (C)(1) to (4) and (D)(1) to (3) of this section may be issued a license and establishing requirements for such persons to seek a court order to have records sealed in accordance with law. 

(G) (1)  Each applicant for a lottery sales agent license shall do both of the following: 

(a) Pay to the commission a fee of twenty-five dollars upon approval of the application; 

(b) Prior to approval of the application, obtain a surety or, if required, a fidelity bond in an amount to be determined by the director. The bond may be with any company that complies with the bonding and surety laws of this state and the requirements established by rules of the commission pursuant to this chapter. 

(2) A lottery sales agent license is effective for one year. A licensed lottery sales agent shall, on or before the date established by the director, renew the agent's license and provide at that time evidence to the director that the surety bond required under division (F)(1)(b)/DÅ of this section has been renewed. The director shall certify to the commission that the applicant for renewal has the required bond. 

The relationship between the state lottery commission and a lottery sales agent is one of trust. A lottery sales agent collects funds on behalf of the commission through the sale of lottery tickets for which the agent receives a compensation. 

(H)  Pending a final resolution of any question arising under this section, the director may issue a temporary lottery sales agent license, subject to such terms and conditions as the director may consider appropriate. 

(I)  If a lottery sales agent's rental payments for the agent's premises are determined, in whole or in part, by the amount of retail sales the agent makes and the rental agreement does not expressly provide that the amount of such retail sales includes the amounts the agent receives from lottery ticket sales, only the amounts the lottery sales agent receives as compensation from the state lottery commission for selling lottery tickets shall be considered to be amounts the agent receives from the retail sales the agent makes, for the purpose of computing the agent's rental payments. 
 

HISTORY: 135 v H 990 (Eff 11-21-73); 137 v H 395 (Eff 11-28-77); 140 v H 250 (Eff 7-30-84); 140 v H 665 (Eff 4-4-85); 143 v H 477 (Eff 6-28-90); 146 v H 239 (Eff 11-24-95); 146 v S 107 (Eff 5-8-96); 146 v S 211. Eff 9-26-96.
 

Å So in enrolled bill, division (E)(2). 

/DÅ No division (F)(1)(b), division (G)(b)(2). Was (G)(1)(b) intended?