Ill. Admin. Code tit. 11 § 1770.50

Current through Register Vol. 48, No. 45, November 8, 2024

Section 1770.50 - License Revocation, Suspension, Non-Renewal or Denial With Prior Notice

The Director may deny, suspend, not renew or revoke an Agent's license with prior notice and opportunity for hearing for one or more of the following causes:

a) Violation of any of the provisions of the Lottery Law or this Part;

b) Failure to meet or maintain the eligibility requirements for licensing as provided in the Lottery Law and this Part, and the Conditions of Licensing set forth in Section 1770.60;

c) Fraud, deceit, misrepresentation or other conduct prejudicial to public confidence in the Lottery;

d) The misrepresentation of, or failure to disclose, a material fact to the Board or the Director on any report, record, application, form or questionnaire required to be submitted to the Board or the Director, including, but not limited to, the misrepresentation of or failure to disclose a criminal record, taxpayer status with the State of Illinois, or relevant information bearing on the financial status of the applicant;

e) Failure to promptly produce for inspection, by a member of the Board, the Director, or their authorized representatives, including law enforcement personnel, any book, record, account, document or item required by the Lottery Law or this Part;

f) Refusal to permit access to members of the Board, the Director, or their authorized representatives, including law enforcement personnel, to any place where a licensed Lottery activity is conducted;

g) Failure to file any returns or reports or to keep any records or reports required by the Director under the Lottery Law or this Part;

h) Failure to account for Lottery game tickets received or the proceeds from the sale of Lottery game tickets, and to post a bond or a letter of credit or security deposit as required by the Director;

i) Failure to maintain sales levels established by Department directive;

j) Failure to comply with the instructions or directives of the Director as to security procedures for the handling of Lottery game tickets or the conduct of any Lottery game;

k) Knowingly causing, aiding, abetting or conspiring with any other person to violate the Lottery Law or this Part;

l) Making a misrepresentation of fact to the purchaser, or prospective purchaser, of a Lottery game ticket, or to the general public, with respect to the conduct of any Lottery game;

m) Upon a determination by the Director that the number of Lottery retailers in the Agent's area of operation exceeds the number that can be efficiently supported by the Department's budget or personnel, or the public convenience in obtaining Lottery products is sufficiently served by other Lottery retailers, considering the total volume of sales in that area;

n) Failure to pay the Department any obligation when the obligation becomes due;

o) Upon a determination by the Director that the Agent has become insolvent or unable or unwilling to pay debts;

p) Failure to display Lottery point-of-sale material in a manner that can be readily seen by the public, or make hand-out materials readily available to the public;

q) Upon any change of name, change of ownership, change of business organization, or change of business location;

r)Selling a Lottery game ticket to, or giving a ticket or paying a prize to, a person under the age of 18. (Section 15 of the Lottery Law) For the purposes of this Section, an action by an employee of the Agent shall constitute an action by the sales Agent.

s) The person's place of business caters to or is frequented predominantly by persons under 18 years of age, but excluding family-oriented businesses;

t) The nature of the person's business constitutes a threat to the health or safety of prospective lottery players;

u) The nature of the person's business is not consonant with the probity of the Department;

v) The person has an unsatisfactory prior history, record, or performance with the Lottery;

w) The person's place of business represents a substantial risk for the collection, deposit, preservation, accounting, or safeguarding of the Department's trust accounts, irrespective of the bond or surety provided by the person;

x) The person has been suspended permanently from a federal or state licensing or authorization program and that person has exhausted all administrative remedies pursuant to the respective agency's regulations or procedures; or

y) The proposed retailer's licensed location or locations do not comply with the requirements of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101) Accessibility Guidelines.

Ill. Admin. Code tit. 11, § 1770.50

Amended at 36 Ill. Reg. 14356, effective September 14, 2012

Amended at 47 Ill. Reg. 13924, effective 9/18/2023