No person may engage in the sale of lottery tickets authorized by this chapter if he/she lacks a license issued by the Director of the Bureau of the Lottery or while those who acquire a business whose former owner held a license for such purposes takes the steps needed to acquire their own license within sixty (60) days following the sale of said business.
The person who requests a chances vendor’s license shall certify the following conditions:
(a) Be of legal age;
(b) enjoys good repute in the community,
(c) not have been convicted of a felony or misdemeanor that entails moral turpitude by a Court of the Commonwealth of Puerto Rico or the United States of America or a foreign country, or of a violation of the Controlled Substances Act, §§ 2101 et seq. of Title 24, the Games of Chance Act, §§ 71 et seq. of this title, the “Bolita” Act, §§ 1247 et seq. of Title 33 or the Puerto Rico Horse Racing Industry and Sport Act, §§ 198 et seq. of this title.
In the case of juridical persons, the conditions established in this section shall apply to the officials, directors or partners, according to the Regulations promulgated by the Secretary.
In order to grant a license as a vendor of wagers, the Director shall take into consideration such factors as financial solvency, financial accountability, integrity, accessibility of the game to the public, the applicant’s type of business, the safety of the place, the sufficiency of vendors to serve the public in a specific area, and the projected volume of sales. The Additional Lottery shall not be operated in an establishment or business located less than twenty-five (25) linear meters form a public or private school, or in a school zone, as provided by the Puerto Rico Planning Board Regulation’s, pursuant to §§ 206 et seq. of Title 23.
In considering the above factors, the Director may require any information he deems is necessary from any person who applies for a license to operate as a vendor of wagers.
The Director shall issue a license certificate or a provisional license certificate in those cases in which the person who acquires a business which held a license for the sale of lottery tickets takes the steps needed to acquire his/her own license, which shall be posted for public view at the place where the game is operated. The ticket vendor shall not transfer said license to any other person and shall only be authorized to sell lottery tickets at the place specifically mentioned on the license.
Provisional licenses issued by the Director of the Bureau of the Lottery shall be valid for a term of sixty (60) days while a permanent license is being processed.
The Director shall establish the procedures under which each vendor of wagers shall be liable for all the tickets he sells and for all the funds received from such sales. Said procedures shall include provisions related to the sale of tickets, the transfer of funds to the Department of the Treasury, reports, service charges, interest and penalties, that the Director deems are needed. The contract signed with the vendor shall specify his obligations regarding the above procedures.
The Director may deny, suspend or revoke the vendor of wagers’ licenses when, in his judgment, the requirements and conditions established in this chapter and in the regulations promulgated for its implementation are not complied with. The decisions, orders or resolutions of the Director shall observe due process of law.
History —May 24, 1989, No. 10, p. 44, § 9, renumbered as § 10 and amended on Aug. 17, 1989, No. 75, p. 326, § 7; July 10, 1992, No. 19, § 1; Jan. 6, 1998, No. 8, § 1.