La. Admin. Code tit. 42 § XV-1121

Current through Register Vol. 50, No. 11, November 20, 2024

Section XV-1121 - Retail Establishment Permit

A. An applicant for a retail establishment permit must meet one of the requirements of R.S. 47:9098(B) to be qualified to receive a permit.

B. An applicant for permit must meet and maintain the following suitability standards.

1. An applicant must be a person of good character, honesty, and integrity.

2. An applicant must be a person whose prior activities or criminal activity, if any, do not pose a threat to the effective operation of lottery sports wagering.

3. An applicant must be likely to conduct the activities for which the applicant or permittee is approved or permitted.

4. An applicant must not have been found guilty of a felony related to the security or integrity of a lottery in this or any other state or jurisdiction.

C. An applicant must provide the applicant-us name and address and, as applicable, the name and address of the following:

1. if the applicant is a corporation, the officers, directors, and each stockholder in such corporation, other than the stockholders of a publicly traded corporation;

2. if the applicant is a trust, the trustee and all persons entitled to receive income or benefit from the trust;

3. if the applicant is an association, the members, officers, and directors;

4. if the applicant is a partnership or joint venture, all of the general partners, limited partners, or join ventures.

D. An applicant for a retail establishment may not become and remain a permitted retail establishment unless the applicant meets the following threshold criteria:

1. The applicant is current in payment of all taxes, interest, and penalties owed to any taxing political subdivision where the applicant-us establishment is located.

2. The applicant is current in filing all applicable tax returns and in payment of all taxes, interest, and penalties owed to the state of Louisiana, excluding items under formal appeal pursuant to applicable statutes.

3. The applicant has not been:

a. convicted of any illegal gambling activity, false statements, false swearing, or perjury in this or any other jurisdiction, or convicted of any crime punishable by more than one year imprisonment or a fine of more than one thousand dollars, or both;

b. found to have violated the provisions of these rules, the Act or any rule adopted thereunder, unless either 10 years have passed since the violation, or the president and the board find the violation both minor and unintentional in nature;

c. a vendor [as defined in Section 9002(30) of the Act] or any employee or agent of any vendor doing business with the corporation;

d. a resident in the same household as an officer of the corporation;

e. found to have made a statement of material fact to the corporation, knowing such statement to be false.

4. The applicant meets such other criteria as the Corporation adopts from time to time relating to the integrity, reputation, financial responsibility, business practices or qualifications of an applicant.

E. In assessing the qualification of an applicant, the corporation may consider the following factors, among others:

1. financial responsibility;

2. integrity;

3. reputation;

4. accessibility of the place of business or activity to the public;

5. security of the premises;

6. sufficiency of existing retail establishments to serve the public convenience;

7. projected volume of sales for sports wagering.

F. The corporation may conduct whatever investigations it deems necessary to analyze an application and may require any applicant to produce any information the corporation deems necessary.

G. The selection of a retail establishment shall be made without regard to political affiliation, activities, or monetary contributions to political organizations or candidates for any public office.

H. The corporation will maintain a limitation on the number of self-service sports wagering mechanisms made available based on the number allowed under the corporation-us contract with the operator.

I. An applicant agrees to provide written approval for a criminal background investigation by the corporation.

J. Any contract between a retail establishment and the operator is contingent upon the applicant receiving and maintaining a permit.

La. Admin. Code tit. 42, § XV-1121

Promulgated by the Louisiana Lottery Corporation LR 471883 (12/1/2021).

AUTHORITY NOTE: Promulgated in accordance with R.S. 47:9001 et seq.