§ 53-12.1-07 — Selection and qualifications of a retailer

North Dakota § 53-12.1-07

• Jurisdiction: North Dakota
• Title 53: Sports and Amusements
• Ch. 53-12.1: Lottery

Text

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.