Section 6-24-14 - Lottery retailers; contracts; sales commission; bonds. - New Mexico Statutes

6-24-14. Lottery retailers; contracts; sales commission; bonds.

A.     Lottery tickets shall be sold only by a lottery retailer who, pursuant to a contract with the authority, has been issued a certificate of authority signed by the chief executive officer.  The lottery retailer shall display the certificate conspicuously at each authorized location.  No lottery retailer shall sell a lottery ticket except from the locations listed in his contract and as evidenced by his certificate of authority unless the authority authorizes in writing any temporary location not listed in his contract.   

B.     Before entering into a contract with a lottery retailer applicant, the chief executive officer shall consider:   

(1)     the financial responsibility and security of the applicant and his business or activity;   

(2)     the accessibility of his place of business or activity to the public; and   

(3)     the sufficiency of existing licenses to serve the public convenience and the volume of the expected sales.   

C.     No person shall be a lottery retailer who:   

(l)     is under eighteen years of age;   

(2)     is engaged exclusively in the business of selling lottery tickets;   

(3)     is a lottery vendor or an employee or agent of any lottery vendor doing business in New Mexico;   

(4)     has been found to have violated any provisions of the New Mexico Lottery Act [6-24-1 NMSA 1978] or any rule adopted by the board pursuant to that act; or   

(5)     fails to certify to the chief executive officer that his premises are in compliance with the federal Americans with Disabilities Act of 1990.   

D.     All lottery retailer contracts may be renewable annually in the discretion of the authority unless sooner terminated.   

E.     The authority to act as a lottery retailer is not assignable or transferable.   

F.     Lottery retailer applicants shall pay an application fee established by the board to cover the cost of investigating and processing the application.   

G.     The board shall determine the commission to be paid lottery retailers for their sales of lottery tickets.   

H.     Each lottery retailer shall keep a complete and current set of records accounting for all of his sales of lottery tickets and shall provide it for inspection upon request of the board, the chief executive officer, the legislative finance committee or the attorney general.   

I.     Lottery retailers shall make payments to the lottery only by check, bankdraft, electronic fund transfer or other recorded, noncash financial transfer method as determined by the chief executive officer.   

J.     No lottery retailer shall contract with any person for lottery goods or services except with the approval of the board.