Mo. Code Regs. tit. 12 § 40-40.090

Current through Register Vol. 49, No.12, June 17, 2024

Section 12 CSR 40-40.090 - Eligibility for Licenses

PURPOSE: This amendment adds a type of business when referring to the word "person" for the purposes of licensing, and adds section 313.260, RSMo as part of its authority.

(1) No person shall be licensed as a lottery game retailer who-

(A) Has been convicted of a felony;

(B) Is or has been a professional gambler or gambling promoter;

(C) Has been convicted of bookmaking or any other form of illegal gambling;

(D) Has been convicted of a crime involving fraud or misrepresentation;

(E) Has purchased a federal tax stamp for wagering or gambling activity;

(F) Has been convicted of or pleaded nolo contendere to any illegal gambling activity;

(G) Has had a retail license to sell lottery tickets revoked by the commission;

(H) Is an employee of the commission or a spouse, child, brother, sister or parent of an employee of the commission or a commissioner;

(I) Is under the age of twenty-one (21);

(J) Is a lottery contractor or a lottery vendor or has a direct interest in any lottery contractor or lottery vendor. For purpose of this subsection a direct interest shall mean a ten percent (10%) or greater interest by shares or percentage of partnership in any lottery contractor or vendor; and

(K) Owes any debt to the state of Missouri. For purposes of this subsection, the state of Missouri shall not include any city or county.

(2) Person is defined as any natural person, firm, corporation, or other legal entity possessing a Department of Revenue retail sales license, as provided by law.

(3) For purposes of licensing "person" refers to the principal owner of a sole proprietorship, principal partner(s) of a partnership, manager of the lottery account within a corporation, or limited liability company, and top two (2) officers of a nonprofit organization.

12 CSR 40-40.090

AUTHORITY: section 313.220(2), RSMo Supp. 1999.* Original rule filed Sept. 4, 1985, effective Sept. 14, 1985. Amended: Filed March 17, 1987, effective June 11, 1987. Amended: Filed Jan. 12, 2000, effective Aug. 30, 2000.

Amended by Missouri Register January 15, 2015/Volume 40, Number 02, effective 2/28/2015

*Original authority: 313.220(2), RSMo 1985, amended 1988, 1993, 1995.