CHAPTER Sw 300  RULES FOR SALES AGENTS

 

Statutory Authority:  RSA 284:21-h, II (d)

 

PART Sw 301  APPLICATION PROCEDURE

 

          Sw 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 New Hampshire lottery commission “(commission)”:

 

          (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 New Hampshire lottery games retailer (retailer);

 

(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 New Hampshire Alternate W-9 Form” shall contain at a minimum the following information:

 

(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

 

          Sw 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

 

          Sw 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

 

          Sw 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

 

               Sw 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

 

PART Sw 302  CRITERIA FOR REVIEWING APPLICATION

 

          Sw 302.01  Review by Commission.

 

          (a)  Each application filed under Sw 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

 

PART Sw 303  DECISION

 

          Sw 303.01  Decision on Application.  The following shall apply to a decision by the commission to grant or deny a completed application under Sw 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 ADA access requirements, if applicable, to allow a person to purchase a lottery ticket; and

 

(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 Sw 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

 

PART Sw 304  HANDLING FUNDS

 

          Sw 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 10-2-15

 

Appendix

 

Rule

Specific State Statute the Rule Implements

 

 

Sw 300

RSA 284:21-i, V (a)(5)