CALIFORNIA STATUTES AND CODES
SECTIONS 8880.47-8880.55
GOVERNMENT CODE
SECTION 8880.47-8880.55
8880.47. The commission shall promulgate regulations specifying the
terms and conditions for contracting with lottery game retailers so
as to provide adequate and convenient availability of tickets or
shares to prospective buyers of lottery games.
8880.48. (a) The director shall, pursuant to this chapter and the
regulations of the commission, select as lottery game retailers those
persons and organizations as the director deems shall best serve the
public convenience and promote the sale of tickets or shares. No
person under the age of 18 years shall be a lottery game retailer. In
the selection of lottery game retailers, the director shall consider
factors such as financial responsibility, integrity, reputation,
accessibility of the place of business or activity to the public,
security of the premises, the sufficiency of existing lottery game
retailers to serve the public convenience, and the projected volume
of the sales for the lottery game involved.
(b) In order to allow an evaluation of the competence, integrity,
and character of potential lottery game retailers, the commission may
require information it deems necessary of any person, corporation,
trust, association, partnership, or joint venture applying for
authority to act as a lottery game retailer.
(c) No person shall be a lottery game retailer if the person is
engaged exclusively in the business of selling lottery tickets or
shares. A person lawfully engaged in nongovernmental business on
state property, an owner or lessee of an establishment which sells
alcoholic beverages, and a civic and fraternal organization may be
selected as a lottery game retailer. The director may contract with
lottery game retailers on a seasonal or temporary basis.
(d) The commission shall establish a formal written appeal process
concerning the denial of an application for, or revocation of, a
contract to be a lottery game retailer.
8880.49. A contract with a lottery game retailer shall not be
assignable or transferable.
8880.50. (a) The commission shall promulgate regulations that
prescribe the procedure by which a contract with a lottery game
retailer may be terminated and the reasons for the termination,
including, but not limited to, instances where a lottery game
retailer knowingly sells a ticket or share to any person under the
age of 18 years.
(b) Any lottery game retailer who employs or uses the services of
any person under the age of 18 years for the sale of lottery tickets
or shares shall be subject to suspension or revocation of his or her
contract. However, a person under the age of 18 years may be employed
or used to sell lottery tickets or shares, if that person is under
the continuous supervision of a person 21 years of age or older.
8880.51. Compensation for Lottery Game Retailers
Unless the Commission shall otherwise determine, the compensation
paid to Lottery Game Retailers shall be a minimum of 5% of the retail
price of tickets or shares. In addition, an incentive bonus may be
paid to such Lottery Game Retailers based on attainment of sales
volume or other objectives as specified by the Director for each
Lottery Game. In the case of a Lottery Game Retailer whose rental
payments for his premises are contractually computed, in whole or in
part, on the basis of a percentage of his retail sales, and where
such computation of his retail sales is not explicitly defined to
include sales of tickets or shares in a state-operated lottery, the
compensation received by the Lottery Game Retailer from the Lottery
shall be deemed as the amount of the retail sale for purposes of
computing his rental payment.
8880.52. Sales to Minors
(a) No tickets or shares in Lottery Games shall be sold to persons
under the age of 18 years. Any person who knowingly sells a ticket
or share in a Lottery Game to a person under the age of 18 years is
guilty of a misdemeanor. Any person under the age of 18 years who
buys a ticket or share in a Lottery is guilty of a misdemeanor. In
the case of lottery tickets or shares sold by Lottery Game Retailers
or their employees, these persons shall establish safeguards to
assure that the sales are not made to persons under the age of 18
years. In the case of the dispensing of tickets or shares by vending
machines or other devices, the Commission shall establish safeguards
to help assure that the vending machines or devices are not operated
by persons under the age of 18 years.
(b) All tickets or shares in Lottery Games shall include, and any
devices which dispense tickets or shares in Lottery Games shall have
posted in a conspicuous place thereupon, a notice which declares that
state law prohibits the selling of a lottery ticket or share to, and
the payment of any prize to, a person under the age of 18 years.
8880.53. No lottery tickets or shares shall be sold by a lottery
game retailer unless the retailer has a certificate of authority,
issued by the lottery, to sell lottery tickets.
8880.54. Bonding
The Director may require a bond from any Lottery Game Retailer in
an amount specified by regulation or may purchase blanket bonds
covering the activities of selected Lottery Game Retailers. These
bonds shall be payable upon order of the Commission.
8880.55. (a) No payment by lottery game retailers to the lottery
for tickets or shares shall be in cash. All payments for tickets or
shares shall be in the form of a check, bank draft, electronic fund
transfer, or other recorded financial instrument as determined by the
director.
(b) Notwithstanding any other provision of law, the lottery may
pay to lottery game retailers, by electronic fund transfer, subject
to approval by the Controller's office, any credit balances that may
result from lottery activities.