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North Dakota Century Code Title 53. Sports and Amusements § 53-12.1-07. Selection and qualifications of a retailer

Current as of January 01, 2024 | Updated by Findlaw Staff

1. The director shall select a person that the director deems best able to serve the public convenience and promote the sale of a ticket. The director shall consider relevant factors, including the applicant's credit history, physical security and public accessibility of the applicant's site, integrity, sufficiency of existing retailers to serve the public convenience, especially in a geographically remote area of the state, and volume of expected sales of tickets. A person lawfully engaged in nongovernmental business on state property or a person within the exterior boundary of an Indian reservation or on tribal trust land may be selected as a retailer.

2. A retailer may not be the lottery's gaming system or advertising agency vendor or an employee or agent of the vendor.

3. To be eligible as a retailer, an individual acting as a sole proprietor must:

a. Have a satisfactory credit check;

b. Be current in payment of all taxes, interest, and penalties owed to the state and be current under a payment plan, excluding an item under formal dispute or appeal pursuant to law;

c. Be at least eighteen years of age;

d. Be of good character and reputation;

e. Not have been convicted of a felony in this or any other jurisdiction, unless at least ten years have passed since satisfactory completion of the sentence or probation imposed by the court in each felony;

f. Not have been found to have knowingly violated a lottery law or rule;

g. Not have been found to have a background, including a criminal record, or prior activities that pose a threat to the public interests of this state or to the security and integrity of the lottery, create or enhance the dangers of unsuitable or illegal practices in the conduct of lottery activities, or present questionable business practices and financial arrangements incidental to the lottery activity;

h. Not be a parent, stepparent, child, stepchild, spouse, or sibling who is a regular member of the same household of an employee of the lottery or member of the lottery advisory commission; and

i. Not have knowingly made a false statement of material fact to the lottery.

4. To be eligible as a retailer, a partnership must meet the requirement of subdivision a of subsection 3 and each partner must meet the requirements of subdivisions b through i of subsection 3.

5. To be eligible as a retailer, an organization other than a partnership must meet the requirements of subdivisions a and b of subsection 3 and each officer and director who is primarily responsible for making financial decisions and each shareholder who owns ten percent or more of an ownership interest in the organization must meet the requirements of subdivisions c through i of subsection 3.

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Cite this article: FindLaw.com - North Dakota Century Code Title 53. Sports and Amusements § 53-12.1-07. Selection and qualifications of a retailer - last updated January 01, 2024 | https://codes.findlaw.com/nd/title-53-sports-and-amusements/nd-cent-code-sect-53-12-1-07/

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