Title 50, Chapter 27, Section 17
( 50-27-17)
(a) The General Assembly recognizes that to conduct a successful
lottery, the corporation must develop and maintain a state-wide
network of lottery retailers that will serve the public convenience
and promote the sale of tickets or shares and the playing of lottery
games while ensuring the integrity of the lottery operations, games,
and activities. (b) The corporation must make every effort to provide small
retailers a chance to participate in the sales of lottery tickets or
shares. (c) The corporation shall provide for compensation to lottery
retailers in the form of commissions in an amount of not less than 5
percent of gross sales and may provide for other forms of
compensation for services rendered in the sale or cashing of lottery
tickets or shares. (d) The corporation shall issue a certificate of authority to each
person with whom it contracts as a retailer for purposes of display.
Every lottery retailer shall post and keep conspicuously displayed
in a location on the premises accessible to the public its
certificate of authority. No certificate shall be assignable or
transferable. (e) The board shall develop a list of objective criteria upon which
the qualification of lottery retailers shall be based. Separate
criteria shall be developed to govern the selection of retailers of
instant tickets and on-line retailers. In developing these
criteria, the board shall consider such factors as the applicant's
financial responsibility, security of the applicant's place of
business or activity, accessibility to the public, integrity, and
reputation. The board shall not consider political affiliation,
activities, or monetary contributions to political organizations or
candidates for any public office. The criteria shall include but
not be limited to the following: (1) The applicant shall be current in filing all applicable tax
returns to the State of Georgia and in payment of all taxes,
interest, and penalties owed to the State of Georgia, excluding
items under formal appeal pursuant to applicable statutes. The
Department of Revenue is authorized and directed to provide this
information to the corporation; (2) No person, partnership, unincorporated association,
corporation, or other business entity shall be selected as a
lottery retailer who: (A) Has been convicted of a criminal offense related to the
security or integrity of the lottery in this or any other
jurisdiction; (B) Has been convicted of any illegal gambling activity, false
statements, false swearing, or perjury in this or any other
jurisdiction or convicted of any crime punishable by more than
one year of imprisonment or a fine of more than $1,000.00 or
both unless the person's civil rights have been restored and at
least five years have elapsed from the date of the completion of
the sentence without a subsequent conviction of a crime
described in this subparagraph; (C) Has been found to have violated the provisions of this
chapter or any regulation, policy, or procedure of the
corporation unless either ten years have passed since the
violation or the board finds the violation both minor and
unintentional in nature; (D) Is a vendor or any employee or agent of any vendor doing
business with the corporation; (E) Resides in the same household as an officer of the
corporation; (F) Has made a statement of material fact to the corporation
knowing such statement to be false; or (G) Is engaged exclusively in the business of selling lottery
tickets or shares; provided, however, that this subsection shall
not preclude the corporation from selling or giving away lottery
tickets or shares for promotional purposes; (3) Persons applying to become lottery retailers shall be charged
a uniform application fee for each lottery outlet. Retailers who
participate in on-line games shall be charged a uniform
application fee for each on-line outlet; (4) Any lottery retailer contract executed pursuant to this Code
section may, for good cause, be suspended, revoked, or terminated
by the chief executive officer or his designee if the retailer is
found to have violated any provision of this chapter or objective
criteria established by the board. Review of such activities shall
be in accordance with the procedures outlined in this chapter and
shall not be subject to Chapter 13 of this title, the "Georgia
Administrative Procedure Act"; and (5) All lottery retailer contracts may be renewable annually in
the discretion of the corporation unless sooner canceled or
terminated. (f) No lottery retailer or applicant to be a lottery retailer shall
pay, give, or make any economic opportunity, gift, loan, gratuity,
special discount, favor, hospitality, or service, excluding food and
beverages having an aggregate value not exceeding $100.00 in any
calendar year, to the chief executive officer, any board member, or
any employee of the corporation or to a member of the immediate
family residing in the same household as any such person. |