Section 3761-305 - Lottery sales agents(a) Licensing.--No license as an agent to sell lottery tickets or shares shall be issued to any person to engage in business exclusively as a lottery sales agent. Before issuing such license the secretary shall consider such factors as: (1) The financial responsibility and security of the person and his business or activity.(2) The accessibility of his place of business or activity to the public.(3) The sufficiency of existing licenses to serve the public convenience.(4) The volume of expected sales.(b) Approval of applicant.--If the secretary shall find that the experience, character and general fitness of the applicant are such that the participation of such person as a lottery sales agent will be consistent with the public interest, convenience and necessity, it may thereupon grant a license. Without limiting the generality of the foregoing, the secretary may refuse to issue a license pursuant to this section, or may suspend or revoke a license so issued if it shall find that the applicant or licensee:
(1) Has been convicted of a crime involving moral turpitude.(2) Has engaged in bookmaking or other form of illegal gambling.(3) Has been found guilty of any fraud or misrepresentation in any connection.(4) Has violated any rule, regulation or order of the secretary.(c) Denial of license.--The secretary may refuse to grant a license or may suspend or revoke a license issued pursuant to this section to a corporation, if it shall determine that:(1) Any officer, director, member or stockholder of such corporation applying for a license or of any corporation which owns stock in or shares in the profits, or participates in the management of the affairs of such applicant: (i) has been convicted of a crime involving moral turpitude;(ii) has engaged in bookmaking or other forms of illegal gambling;(iii) has been found guilty of any fraud or misrepresentation in any connection; or(iv) has violated any rule, regulation or order of the secretary.(2) The experience, character, or general fitness of any officer, director, or stockholder of any of the aforesaid corporations is such that the participation of such person as a lottery sales agent would be inconsistent with the public interest, convenience or necessity, but if the secretary determines that the interest of any stockholder referred to in this paragraph or in paragraph (1) is sufficient, in the opinion of the secretary, to affect adversely the conduct of a lottery sales agency by such corporation in accordance with the provisions of this chapter, the secretary may disregard such interest in determining whether or not to grant a license to such corporation.(3) The applicant is not the owner or the lessee of the business at which it will conduct a lottery sales agency pursuant to the license applied for, or that any person, firm, association, or corporation other than the applicant shares, or will share, in the profits of the applicant, other than by dividends as a stockholder, or participates, or will participate, in the management of the affairs of the applicant.(d) Temporary license.--Pending final determination of any question under this section, the secretary may issue a temporary license upon such terms and conditions as it may deem necessary, desirable or proper to effectuate the provisions of this chapter.(e) Resurvey.--Any person who has a pending application for a lottery machine and is currently engaged in the sale of out-of-State lottery tickets may submit a written request to the Department of Revenue for a resurvey. This resurvey shall be completed by the department within 90 days of receipt of the request.(f) Definition.--As used in this section, the term "person" means and includes an individual, association, corporation, club, trust, estate, society, company, joint-stock company, receiver, trustee, assignee, referee or any other person acting in a fiduciary or representative capacity, whether appointed by a court or otherwise, and any combination of individuals. The term shall also mean and include all departments, commissions, agencies and instrumentalities of the State, including counties and municipalities and agencies and instrumentalities thereof.1971, Aug. 26, P.L. 351, No. 91, § 7, imd. effective. Amended 1993, May 20, P.L. 27, No. 8, § 1, effective in 60 days. Renumbered as § 305 and amended 1996, Nov. 21, P.L. 741, No. 134, § 1, imd. effective.