Mo. Code Regs. tit. 12 § 40-40.120

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

Section 12 CSR 40-40.120 - Suspension and Revocation of Licenses-When Effective Immediately

PURPOSE: This amendment combines different bases for retailer license discipline from multiple rules.

PURPOSE: This rule establishes when the director may suspend, revoke or decline to renew the license of any licensee and when a suspension or revocation is effective immediately.

(1) At the director's sole discretion, the director may immediately suspend or revoke a retailer license for reasons including, but not limited to, the following:

(A) A change of business location;

(B) An insufficient sales volume;

(C) An electronic funds transfer (EFT) payment is rejected for non-transfer of funds (NTF) or failure to provide timely information to the lottery regarding any change on the retailer's EFT bank account;

(D) Any violation of any rule adopted by the commission;

(E) Knowingly selling any ticket to a person under the age of eighteen (18) years old;

(F) The person is ineligible for obtaining a license under 12 CSR 40-40.090 and the facts giving rise to ineligibility occurred or were discovered subsequent to the issuance of the license or the license was issued through inadvertence or mistake to an unqualified licensee;

(G) The refusal to acquire any equipment or material required by the director;

(H) The manager or owner purposefully paid the player an amount less than the actual prize amount of the ticket, or the manager or owner retained the player's winning ticket without paying the prize due the player;

(I) The failure or refusal to properly use and/or display any equipment or material required by the director;

(J) The retailer provided false or misleading information to, or concealed any material fact from, the lottery during the application process or thereafter;

(K) The retailer or any key person is arrested or convicted of a felony or a violation of any provision of Chapter 572, RSMo (Gambling), while a licensed retailer;

(L) Any contractual reason that provides a basis for suspension or revocation of a retailer contract;

(M) The failure to remit any sales proceeds required to be remitted to the lottery;

(N) Knowingly either-

1. Canceling any draw game ticket without being requested to do so by the player owning that ticket; or

2. Failing to enter a draw game play requested by a player; and

(O) When the director concludes that the retailer has endangered the security of the lottery or any of its games or that continuing to contract with the retailer may pose a threat to the fairness, honesty, integrity, or security of the lottery and its games.

(2) The director may suspend or revoke any number or all of the licenses held by any licensee.

12 CSR 40-40.120

AUTHORITY: section 313.220, RSMo Supp. 1988.* Original rule filed Sept. 4, 1985, effective Sept. 14, 1985. Amended: Filed March 17, 1987, effective March 27, 1987. Amended: Filed Jan. 4, 1994, effective July 10, 1994.

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

Amended by Missouri Register May 15, 2018/Volume 43, Number 10, effective 7/2/2018

*Original authority 1985, amended 1988.