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
(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
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
(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 |
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Sw
300 |
RSA
284:21-i, V (a)(5) |