Section Tax 61.04 - Criteria for selecting retailers(1) In addition to the criteria under s. 565.10(1) to (5), Stats., the administrator shall determine if the applicant meets all of the following conditions: (a) The applicant or the applicant's business shall satisfactorily pass a credit check by the administrator.(b) The applicant shall affirm, in the contract application, that the applicant's business is physically secure and that the premise has a secure place to store lottery tickets.(d) The applicant is expected to sell a minimum monthly average of $400 worth of instant scratch tickets or instant break-open tickets or the sum of both each fiscal quarter, under s. 565.01(6m) (a) 1, Stats., which shall be represented in any retailer contract or addenda. The administrator may deny a contract or a renewal to an applicant whose anticipated sales will not meet the stated minimum monthly average of sales per fiscal quarter or whose historical sales have not met the stated minimum monthly average of sales per fiscal quarter.(e) The applicant may not be an employee of the department of revenue Wisconsin lottery division, or the executive assistant, the secretary or the deputy secretary of revenue, per s. 565.05(1) (b), Stats.(2) If the applicant is a state agency or a local unit of government, the criteria under s. 565.10(2) and (3) (a), Stats., and sub. (1) (e) shall apply to the entity's officers and directors.(3) If the administrator finds that there are so many qualified applicants in a given geographic area of the state that, if all those applicants would be granted contracts to sell lottery tickets, there would be an undue concentration of retailers selling lottery tickets in that area, the administrator shall perform market evaluations on the retail establishments seeking a contract. Contracts shall only be granted to those retailers achieving the highest marketing evaluation score until the undue concentration is eliminated. The administrator shall, however, grant a sufficient number of contracts in a given area to serve public convenience.(4) Any applicant who has a physical or mental disability that constitutes or results in a substantial handicap to the applicant's employment may be awarded a contract exclusively to sell lottery tickets if the applicant meets all of the following conditions: (a) Each applicant includes with the retailer application a letter from the Wisconsin division of vocational rehabilitation verifying that the applicant's disability is a substantial handicap to employment.(b) Each applicant meets all other criteria under subs. (1) to (3).(c) Each applicant's contract is approved by the administrator.Wis. Admin. Code Department of Revenue Tax 61.04
Cr. Register, March, 1989, No. 399, eff. 4-1-89; corrections made under s. 13.93(2m) (b) 6, Stats., Register, March, 1995, No. 471; am. (1) (d), Register, October, 2000, No. 538, eff. 11-1-00; CR 01-088: am. (1) (intro.), (a), (e), (3), and (4) Register February 2002 No. 554, eff. 3-1-02; CR 04-083: r. and recr. (1) (b), r. (c), am. (d) Register April 2005 No. 592, eff. 5-1-05. Section Tax 61.04 interpretss. 565.10(1) to (5), Stats.