N.Y. Comp. Codes R. & Regs. tit. 9 § 5014.2

Current through Register Vol. 46, No. 42, October 16, 2024

Section 5014.2 - Courier license application and evaluation

(a)Application.

An applicant for a courier service license shall file an application in a form provided by the commission. An applicant shall have an ongoing duty to supplement such application as may be necessary to maintain updated information and accuracy. In addition to other requirements the commission may establish, such application shall describe how the audit and financial controls, technical standards and internal controls proposed for applicant's network will comply with the requirements of this Title.

(b)Evaluation of application.

In evaluating an application for a courier service license, the commission shall consider such factors as:

(1) financial responsibility and security of the business or activity in which such person is engaged;

(2) sufficiency of existing lottery sales agent and courier service licenses to serve the public convenience;

(3) whether the proposed network is predominantly frequented by persons under the age of 18 years;

(4) volume of expected sales;

(5) conviction of any offense as defined in the Penal Law;

(6) veracity and completeness of information supplied on the application form or any supplement thereto;

(7) applicant's indebtedness, if any, to State or local government;

(8) business experience operating a network;

(9) reputation of the applicant;

(10) whether the audit and financial controls, technical standards, internal controls, proposed for applicant's network comply with the requirements of this Part; and

(11) whether the application submitted contains a business plan demonstrating that compliance with all conditions of a courier service license is achievable.

(c)Temporary licenses.

The commission may issue a temporary courier service license to an applicant on a provisional basis pending completion of an initial application review process. As a condition to the issuance of a temporary service license, the applicant shall waive any right to a hearing or to challenge any commission decision in regard to a temporary courier service license. Any such temporary courier service license may be issued only if:

(1) the applicant has filed a complete application with the commission;

(2) the completed application, on the face of such application, discloses no grounds from which the commission readily may ascertain that there are reasonable grounds to deny the application; and

(3) the commission receives and reviews a fingerprint report from the New York State Division of Criminal Justice Services and Federal Bureau of Investigation that does not indicate any grounds to withhold a temporary approval.

(d)Cooperation required.

An applicant for a courier service license shall cooperate fully with the commission in the course of the application process. Failure to cooperate with the commission shall be a violation of this section and shall be in itself sufficient grounds for denial of such license application.

(e)Commission reservation of rights.

Nothing in this Title prohibits the commission itself from engaging in the sale of lottery tickets through a network the commission operates or that is operated on the commission's behalf.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 5014.2

Adopted New York State Register April 10, 2019/Volume XLI, Issue 15, eff.4/10/2019