CHAPTER
Lot 300 RULES FOR SALES AGENTS
Statutory
Authority: RSA 284:21-h, II (d)
REVISION
NOTE:
Pursuant
to 2004, 97:1-9, effective 7-10-04, the Sweepstakes Commission was renamed the
Lottery Commission. The rules filed in Chapter
Sw 300 by the Sweepstakes Commission before 7-10-04 and
by the Lottery Commission after 7-10-04 reflected the title “Sw” of the former Sweepstakes
Commission. They were editorially
renumbered as Chapter Sw 300 in November,
2020 to indicate rules of the Lottery Commission.
PART
Lot 301 APPLICATION PROCEDURE
Lot 301.01 Required Information. Each applicant wishing to become a sales
agent of the commission shall complete and submit the following as part of the
application approval process to the
(a)
The “Sales Retailer Application” dated January 06, 2009.
(b)
The “Retailer Agreement for Sale of New Hampshire Lottery Tickets” shall
contain at a minimum the following:
(1) The effective date of the agreement between
the commission and the name of the
(2) Signatures of the owner and lottery director,
along with their printed names and date(s) the agreement was signed; and
(3) Signature and date of witness to agreement
signing.
(c) The “Board of Directors Member Listing” dated
October 28, 2013 shall be completed by all business
structures licensed by the commission including sole Proprietorships,
Partnerships, corporations, Limited Liability Companies and non-profit
Corporations.
(d) Each individual listed on the “Board of
Directors Member Listing” shall submit the following personal data on the application including name, address,
social security number, date of birth, home phone number, cell phone number, and
previous address (if living at current address less than 5 years), along with
their signature, a criminal record release authorization form, and a copy of a
photo identification.
(e) The “State of
(1) Name of the business;
(2) Address of the business;
(3) Taxpayer Identification Number (TIN) as used
on Internal Revenue Service tax return;
(4) Principal activity of the type of service or
product provided;
(5) Designation of business structure which
applies to the organization as provided to the Internal Revenue Service; and
(6) Name and title of individual completing the
form, along with his/her contact numbers and signature.
(f) The “Criminal Record Release Authorization
Form” shall:
(1) Be completed by each
applicant or partner of the applicant including an owner, partner, member, manager or officer of the business structure listed on the
“Board of Directors-Member Listing” and on the “Sales Retailer Application”;
and
(2) Contain at a minimum the following:
a. Name;
b. Address;
c. Date of birth;
d. Hair color;
e. Eye color;
f. Sex;
g. Driver license number; and
h. Signature notarized and date signed.
(g) The “Authorization Agreement for Variable
Withdrawals (ACH-Automated Clearing House Debits)” required for weekly Electronic Fund Transfers (EFTs) shall
contain at a minimum the following:
(1) Name of business;
(2) Tax ID number;
(3) Name on checking account;
(4) Signature of authorizing party;
(5) Date;
(6) Address of business; and
(7) Agent number.
(h) Copy of voided check, or bank verification if
savings account.
Source. #83, eff 12-18-73;
ss by #1542, eff 3-24-80; EXPIRED: 3-24-86
New. #6551, eff 7-29-97,
EXPIRED: 7-29-05
New. #8435, INTERIM, eff
9-21-05, EXPIRED: 3-20-06
New. #8610, eff 4-15-06,
EXPIRED: 4-15-14
New. #10717, eff 11-19-14;
ss by #10942, eff 10-2-15 (See Revision Note at chapter heading
for Lot 300)
Lot 301.02 Signatories to Application. Each application shall be signed by the
applicant and any partners of the applicant.
Each signature shall be dated at the time of the signing.
Source. #83, eff 12-18-73;
EXPIRED: 12-18-79
New. #6551, eff 7-29-97,
EXPIRED: 7-29-05
New. #8435, INTERIM, eff
9-21-05, EXPIRED: 3-20-06
New. #8610, eff 4-15-06,
EXPIRED: 4-15-14
New. #10717, eff 11-19-14;
ss by #10942, eff 10-2-15 (See Revision Note at chapter heading for Lot 300)
Lot 301.03 Dedicated Electrical Circuit Requirements. The retailer
location shall provide the commission with a
dedicated outlet to be used exclusively for the lottery equipment. A dedicated electrical circuit originates
from the circuit breaker panel and terminates in a dual electrical outlet. This shall be
located within 10 feet of the lottery equipment location, and nothing else
shall be plugged into this outlet at any time.
Source. #10942, eff 10-2-15 (See
Revision Note at chapter heading for Lot 300)
Lot
301.04 Site Survey Requirements for
New Locations. A site survey shall
be conducted by the current vendor to determine the type of communication the
new location will receive for the lottery equipment.
Source. #10942, eff 10-2-15 (See
Revision Note at chapter heading for Lot 300)
Lot 301.05 Criminal Record Release Authorization
Requirements. The “Criminal Record
Release Authorization form” shall be sent by each current member listed on the
“Board of Directors Member Listing” to the division of State Police at the
Department of Safety in Concord, New Hampshire, along with a $25.00 check made
payable to the “State of NH-Criminal Records”, for each release form.
Source. #10942, eff 10-2-15 (See
Revision Note at chapter heading for Lot 300)
PART
Lot 302 CRITERIA FOR REVIEWING
APPLICATION
Lot 302.01 Review by Commission.
(a) Each application filed under Lot 301.01 shall
be reviewed by the commission or the commission's designee to determine:
(1) Whether the applicant has a good personal
record with a national credit bureau;
(2) Whether the applicant has complied with all
the requirements of the Internal Revenue Service; and
(3) Whether the applicant or any of the
applicant's corporate or business partners has been convicted of a crime under
RSA 284:21-h, II (e).
(b)
A "good personal record" means that the applicant has:
(1) Not filed for bankruptcy; and
(2) Made timely payments on all loans.
Source. #83, eff 12-18-73;
ss by #1598, eff 6-24-80; EXPIRED: 6-24-86
New. #6551, eff 7-29-97,
EXPIRED: 7-29-05
New. #8435, INTERIM, eff
9-21-05, EXPIRED: 3-20-06
New. #8610, eff 4-15-06,
EXPIRED: 4-15-14
New. #10717, eff 11-19-14;
ss by #10942, eff 10-2-15 (See Revision Note at chapter heading for Lot 300)
PART
Lot 303 DECISION
Lot 303.01 Decision on Application. The following shall apply to a decision by
the commission to grant or deny a completed application under Lot 301.01:
(a)
The commission, or designees appointed by the commission under RSA
284:21-i, I, shall review the application and either grant or deny the application
in writing within the time frames prescribed by RSA 541-A:29.
(b)
A license shall be granted if the applicant:
(1) Has a good personal record with a national
credit bureau;
(2) Has complied with all the requirements of the
Internal Revenue Service;
(3) Has not been convicted of a crime under RSA
284:21-h, II(e);
(4) Complies with
(5) Attends a mandatory training class provided
by the commission.
(c) If the application is granted, the approved
agent shall sign a written agreement stating that the agent shall comply with
all the requirements of RSA 284:21-h, II(d) and all applicable commission
rules.
(d)
If the application is denied, the commission shall state the reason for
denial.
(e)
If the application is denied the applicant shall be informed in
writing. The applicant may appeal in
accordance with RSA 541-A and Lot 200 rules, provided that the request for
appeal is filed within 30 days of the postmarked date on the written notice of
denial.
Source. #83, eff 12-18-73;
ss by #1542, eff 3-24-80; EXPIRED: 3-24-86
New. #6551, eff 7-29-97,
EXPIRED: 7-29-05
New. #8435, INTERIM, eff
9-21-05, EXPIRED: 3-20-06
New. #8610, eff 4-15-06,
EXPIRED: 4-15-14
New. #10717, eff 11-19-14;
ss by #10942, eff 10-2-15 (See Revision Note at chapter heading for Lot 300)
PART
Lot 304 HANDLING FUNDS
Lot 304.01 Weekly Transfers. Retailers shall electronically transfer on a
weekly basis the funds due the lottery commission for tickets sold.
Source. #6551, eff 7-29-97,
EXPIRED: 7-29-05
New. #8435, INTERIM, eff
9-21-05, EXPIRE: 3-20-06
New. #8610, eff 4-15-06,
EXPIRED: 4-15-14
New. #10717, eff 11-19-14;
ss by #10942, eff 10-2-1(See Revision Note at chapter heading for Lot 300)
Appendix
Rule |
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Lot
300 |
RSA
284:21-i, V (a)(5) |