N.D. Admin. Code 10-16-02-02

Current through Supplement No. 394, October, 2024

Section 10-16-02-02 - Criteria for selecting an applicant

The lottery shall consider criteria in selecting an applicant for licensure or relicensure as a retailer, including:

1. Geographic or strategic location of a business in a town or city, and its location in relation to population, highways, and traffic patterns;

2. Accessibility of a business to the public and an unrestricted public access policy;

3. Regular contact with a significant number of individuals and the average number of customer sales transactions per day;

4. Normal business hours and days of the week that the business is open;

5. Number of years the business has been operating at its present location;

6. Historical gross sales of nonlottery products or expected gross sales of lottery tickets of a business, or both;

7. Physical security of a business, safety of the money derived from selling a ticket, and whether the business has a video surveillance or alarm system;

8. Financial condition, financial responsibility, and creditworthiness of the business;

9. Criminal history record, character, and reputation of the applicant's agent;

10. Sufficiency of an existing retailer to serve the public convenience in an applicant's town or city;

11. Anticipated or proven capability of a business to best serve the public interest by actively promoting the sale of a ticket, including displaying or providing point-of-sale promotional items to the public;

12. Initial or incremental cost of installing and maintaining a terminal and telecommunications equipment at a business or difficulty of using preferred telecommunications equipment;

13. Type of business and type of product, service, or entertainment offered at a site and whether it is acceptable to the general public and does not adversely impact the credibility, reputation, or image of the lottery. An applicant's primary retail business may not be to sell a lottery ticket. An eligible applicant may not be a pawnbroker, bank, check cashing or cash advance outlet, currency exchange business, credit union, consumer finance company, collection agency, or mortgage broker;

14. Type and volume of state government services available at a business, including fishing and hunting licenses;

15. Recommendation of the lottery's online gaming system vendor;

16. Accessibility of a business to an individual who is disabled;

17. Type of building housing the business; and

18. Site inspection.

N.D. Admin Code 10-16-02-02

Effective February 1, 2004; amended effective April 1, 2006; April 1, 2008.

Amended by Administrative Rules Supplement 373, July 2019, effective 7/1/2019.

General Authority: NDCC 53-12.1-13

Law Implemented: NDCC 53-12.1-02, 53-12.1-03, 53-12.1-06, 53-12.1-07, 53-12.1-13