Oregon Administrative Rules|Section 177-040-0050 - Retailer Duties

                                                
Current through Register Vol. 60, No. 12, December 1, 2021 
(1) General: This rule contains duties to be performed by a Lottery retailer beyond those duties described in the Lottery retailer contract. The duties listed herein are not meant to be exclusive. Other duties and requirements for retailers may be contained elsewhere in OAR Division 177, ORS Chapter 461, or in the Lottery retailer contract.
 
(2) All Retailers: All Lottery retailers shall:
(a) Stock Equipment: Keep all Lottery equipment on the retailer's premises stocked with a variety of Scratch-it tickets, play slips, computer-generated tickets, and any other Oregon Lottery® product required to be sold. Unless exempted by the Lottery, if a Lottery retailer fails to stock or replenish these items as they are made available for sale by the Lottery, or as they are depleted because of purchase or use, the Lottery may remove the equipment.
 
(b) Perform Minor Maintenance: Replace ticket stock and clear paper jams as may be required for any of the equipment provided by the Lottery for the sale of Lottery tickets or shares.
 
(c) Maintain Paper Stock: Install and use only approved Lottery-provided paper stock which has been specifically assigned to the selling retailer when selling Lottery tickets and shares.
 
(d) Obtain Permits: Be required to arrange for and obtain all necessary permits required by federal, state, and local governments for electrical installation, electrical power, telephone service, fiber optic lines and connections, and coaxial cable and connections required to sell Lottery tickets or shares at the retail site.
 
(e) Pay Amounts Due: Pay the amount due to the Lottery for the sale of Lottery tickets or shares by the use of an electronic funds transfer (EFT). In most instances, this EFT shall occur at the end of the fourth day after the close of each Lottery business week. When an applicant operates multiple Lottery retail sites before the effective date of this rule, the routine date of the EFT collection may be set beyond the fourth day after the close of the business week in order to accommodate the needs of the combined sites.
 
(3) Traditional Lottery Game Retailers: A Lottery retailer authorized to sell traditional Lottery games is required to:
(a) Scratch-It Tickets:
(A) Activate Scratch-it tickets prior to sale.
 
(B) Validate Scratch-It tickets presented to the retailer by a player through equipment provided by the Lottery connected to the Lottery's central computer system.
 
(C) Destroy winning tickets after validation and payment of the prize; (Any Lottery retailer who does not destroy a winning ticket after validation and payment of the prize is liable for a prize paid by another Lottery retailer who subsequently pays the ticket.)
 
(D) Return non-winning tickets to the player.
 
(b) Draw Game Validation: Validate a Draw game ticket through the Draw game terminal before paying a Draw game prize.
 
(c) Underage Play: Monitor Lottery player-operated vending machines, as defined in OAR 177-045-0000, to prevent underage play.
 
(4) Video Retailers: A Video Lottery game retailer is required to:
(a) Cash Slip Validation: Validate any Video Lottery cash slip presented for payment that was issued at the retailer's location, through the Lottery's on-site video validation terminal before paying a Video Lottery prize, except for those cash slips required to be validated and paid by the Lottery.
 
(b) Restrict Visibility: Restrict Video Lottery game terminals from visibility from areas outside of the business and from view of dining areas or other areas where minors are permitted to linger.
 
(c) Age-Posted Area: Maintain Video Lottery game terminals in an area of the business that is prohibited to minors. The area must be posted as such by the Oregon State Lottery or the Oregon Liquor and Cannabis Commission. This restriction against minors does not apply to minors who qualify under the exceptions permitted by the Oregon Liquor and Cannabis Commission for access to areas normally prohibited to minors.
 
(5) Sanctions: The Director may sanction a Lottery retailer for the loss, damage, or destruction of any winning game ticket or share. This includes, but is not limited to: Imposing a requirement for remedial training for the retailer or the retailer's employees, and any other actions for failure to perform contract duties or requirements as described in the Lottery retailer contract or OAR Chapter 177.
 
Or. Admin. R. 177-040-0050
LC 4-1995, f. 4-27-95, cert. ef. 5-1-95; LOTT 5-1999(Temp), f. & cert. ef. 5-26-99 thru 6-26-99, Administrative correction 11-17-99; LOTT 6-2000, f. 7-26-00, cert. ef. 8-1-00; LOTT 11-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03; LOTT 22-2002, f. & cert.. ef. 11-25-02; LOTT 3-2004(Temp), f. & cert. ef. 4-6-04 thru 10-1-04; LOTT 6-2004, f. & cert. ef. 5-26-04; LOTT 12-2008, f. 12-23-08, cert. ef. 1-1-09; LOTT 6-2009, f. 9-28-09, cert. ef. 10-1-09; LOTT 4-2010(Temp), f. 3-10-10, cert. ef. 3-15-10 thru 9-4-10; LOTT 9-2010, f. 8-30-10, cert. ef. 9-5-10; LOTT 1-2013(Temp), f. & cert. ef. 2-1-13 thru 7-27-13; LOTT 2-2013, f. 6-24-13, cert. ef. 7-1-13; LOTT 3-2015, f. 9-25-15, cert. ef. 10-1-15; LOTT 4-2017, f. 8-25-17, cert. ef. 9-1-17; LOTT 1-2021, amend filed 02/26/2021, effective 3/1/2021; LOTT 11-2021, minor correction filed 08/02/2021, effective 8/2/2021
Statutory/Other Authority: OR Const. Art. XV, § 4(4)(a), ORS 461.120, 461.217, 461.250, 461.300, 461.715 & 461.719
 
Statutes/Other Implemented: OR Const. Art. XV, § 4(4), ORS 461.120, 461.217, 461.250, 461.300, 461.560, 461.715 & 461.719
This section was updated on 9/9/2021 by overlay.