The Division shall enter into a contract with each Lottery Game Retailer for the sale of instant tickets. Such contract shall set out the duties, responsibilities, and obligations of the parties to the contract. Such contract to continue in effect during the period the retailer complies with applicable statutes, regulation, fee requirements, and any other duties or requirements under the terms of the contract and these regulations.
The Lottery may enter into the following types of contracts for Lottery Game Retailers.
Each Lottery Game Retailer is entitled to compensation for their activities as Lottery Game Retailers which include selling lottery tickets, redeeming lottery prizes and other activities required by the Division. This compensation shall be calculated as five percent (5%) of the retail value of packs of instant tickets purchased from the Division and five percent (5%) of the gross proceeds from the sale of on-line lottery tickets by the Lottery Game Retailer and five percent (5%) of the face value of on-line tickets issued by the Lottery Game Retailer from the redemption of "free ticket" coupons, gift certificates and prizes. Lottery Game Retailers shall not accept any compensation for the sale of lottery tickets other than that set forth in this regulation, regardless of the source unless such compensation is otherwise specifically adopted or approved in writing by the Division.
Each Lottery Game Retailer shall agree to actively promote the lottery and shall sell all lottery products they are authorized to sell and to maintain a retailer's manual, point-of-sale materials and displays in accordance with instructions of the Division.
Each contract will authorize a specified organization to sell tickets at a specified location. No contract may be assigned or transferred to another person or organization. No other person or organization shall be subcontracted to perform any of the duties required in the Lottery Game Retailer contract. If the control of a Lottery Game Retailer changes hands, the Lottery Game Retailer may not sell any additional tickets until the Lottery Game Retailer has submitted a new application and has been granted a new contract.
If a Lottery Game Retailer changes the location of the place of business, the Lottery Game Retailer shall not sell tickets at the new location until the Division has authorized the transfer of the Lottery Game Retailer. The Division shall consider the information concerning the Lottery Game Retailer's new location in the same manner as it would consider an initial application for that location.
The Lottery Game Retailer must notify the Division of any changes in the information provided with its application. The updated information must be provided within thirty (30) days of the change.
Lottery Game Retailers shall allow employees or agents of the Division to enter upon the Retailer's premises in order to inspect lottery materials, tickets, and the premises. All books and records pertaining to the Lottery Game Retailer's lottery business, including video surveillance records, shall be available to the Division for inspection and copying during normal business hours of the Lottery Game Retailer and between 8 a.m. and 5 p.m., Monday through Friday. All books and records pertaining to the Lottery Game Retailer's lottery activities are subject to seizure by the Division without prior notice. Copies of video surveillance records shall be made available upon demand by the Division.
370 Neb. Admin. Code, ch. 400, § 404