Md. Code Regs. 36.02.03.01

Current through Register Vol. 51, No. 21, October 18, 2024

Section 36.02.03.01 - General Responsibilities

A. Lottery Laws and Regulations. A retailer shall:

(1) Comply with all lottery laws and regulations of the Agency;

(2) Be aware of all lottery laws and regulations pertaining to the duties and responsibilities of a retailer; and

(3) Inform the Director of an act or omission that the retailer knows or should know constitutes a violation of lottery laws and regulations.

B. Services. A retailer shall:

(1) Provide specified services for the Agency, including the sale, cashing, and issuance of lottery tickets as directed by the Agency;

(2) Sell a lottery ticket for cash only;

(3) Sell lottery tickets only at the location specified on the retailer's license.

(4) Exercise courteous and fair treatment to lottery ticket purchasers;

(5) Sell all games as directed by the Agency;

(6) Except for those requiring submission of a claim form to the Agency, pay every winning ticket upon validation under COMAR 36.02.06;

(7) Report, as required by the Internal Revenue Service or the Agency, income tax information relating to holders of winning lottery tickets;

(8) Charge no fee for the issuance or cashing of checks for lottery winnings;

(9) Display the retailer's license in a prominent location;

(10) Keep play slips in stock and available to players;

(11) Not sell any lottery ticket or lottery-style ticket other than those made available for sale by the Agency;

(12) Obtain prior Agency approval for any advertising of a permanent or semi-permanent nature such as signs and billboards, other than advertising located on the licensed premises; and

(13) Prominently post point-of-sale and other promotional/consumer materials supplied by the Agency.

C. Care of Terminals. A retailer shall:

(1) Place terminals within the retailer's premises only on a site approved by the Agency;

(2) Provide sufficient space for the proper operation of the terminal;

(3) Provide all electrical requirements as prescribed in the vendor pre-site form, before the installation of the terminal;

(4) Participate in training approved by the Agency,

(5) Replace lottery ticket stock when necessary;

(6) Provide reasonable care and security for lottery ticket stock,

(7) Exercise due diligence in the operation, security, and care of the terminal as specified in the retailer's operating manual;

(8) Perform no mechanical or electrical maintenance on the terminal except as directed by the Agency or an Agency vendor,

(9) As directed by the Agency, immediately notify the technical support operations center in the event of any terminal malfunction;

(10) Make the terminal available for the sale and cashing of lottery tickets as directed by the Agency;

(11) Except for materials that are provided by the Agency and are specifically authorized to be placed on a terminal, keep all surfaces of the terminal free and clear;

(12) Pay all electrical utility charges in connection with the operation of the terminal; and

(13) Assume the cost of any repairs to the terminal arising out of or related to:

(a) Unauthorized attempts to modify or repair the terminal;

(b) Unauthorized attempts to move or relocate the terminal; and

(c) Intentional damage to the terminal or defacement of the terminal surface or repeated or continuing negligence which results in damage to the terminal.

D. A retailer shall hold the Agency and the State of Maryland and their officials and employees harmless from any liability arising in connection with operating and conducting lottery ticket sales.

E. A retailer shall notify the Agency at least 14 days before the retailer temporarily or permanently ceases the operation of the retailer's business.

F. If a person ceases to be a retailer, the person shall:

(1) Surrender, or allow an Agency vendor to remove, any materials or equipment that were provided by the Agency or a vendor of the Agency; and

(2) Assume the cost of any repairs to the retailer's location arising from the removal of the Agency's equipment.

Md. Code Regs. 36.02.03.01

Effective date: 40:9 Md. R. 790, eff.5/13/2013 ; amended effective 46:1 Md. R. 13, eff. 1/14/2019