Montana Code 23-7-301. Sales agents — licenses
23-7-301. Sales agents — licenses. (1) Lottery tickets, chances, wagers, or bets may be sold only by a sales agent licensed by the director in accordance with this section.
Terms Used In Montana Code 23-7-301
- bet: means the staking or risking by a person of something of value upon an agreement or understanding that the person or another person will receive something of value in the event of a certain outcome. See Montana Code 23-7-103
- Commission: means the state lottery and sports wagering commission created by 23-7-201. See Montana Code 23-7-103
- Director: means the director appointed by the governor under 23-7-210 to administer and manage the state lottery. See Montana Code 23-7-103
- Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) Source: OCC
- Lottery game: means any procedure, including any online or other procedure using a machine or electronic device, by which one or more prizes are distributed among persons who have paid for a chance to win a prize and includes but is not limited to weekly (or other, longer time period) winner games, instant winner games, daily numbers games, sports pool games, and sports wagering. See Montana Code 23-7-103
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
- Sales agent: means an entity that holds a lottery license or sports wagering license as provided in this chapter. See Montana Code 23-7-103
- Sports wagering: means accepting wagers on sporting events or portions of sporting events, or on the individual performance statistics of athletes in a sporting event or combination of sporting events, by any system or method of wagering, including but not limited to in-person or over the internet through websites and on mobile devices. See Montana Code 23-7-103
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
- State lottery: means the Montana state lottery and sports wagering agency created and operated pursuant to this chapter. See Montana Code 23-7-103
(2)The commission shall by rule determine the places at which state lottery games and sports wagering tickets, chances, wagers, or bets may be sold.
(3)(a) Before issuing a license, the director shall consider:
(i)the financial responsibility and security of the applicant and the applicant’s business or activity;
(ii)the accessibility of the applicant’s place of business or activity to the public; and
(iii)the sufficiency of existing licenses to serve the public convenience and the volume of the expected sales.
(b)A person under 18 years of age may not sell lottery tickets, chances, wagers, or bets.
(c)A license as an agent to sell lottery tickets, chances, or wagers and bets may not be issued to any person to engage in business exclusively as a lottery ticket, chance, or sports wagering sales agent.
(d)A license as an agent to sell wagers or bets may not be issued to any professional or collegiate sports:
(i)athlete;
(ii)coach;
(iii)assistant coach;
(iv)team staff;
(v)team owner;
(vi)referee; or
(vii)employee.
(4)The director may issue temporary licenses upon conditions that the director considers necessary.
(5)(a) Two license types are available:
(i)lottery only; and
(ii)sports wagering only.
(b)License applicants shall complete the application process pursuant to this chapter and corresponding administrative rules.
(6)The director may require a bond from any licensed agent in an amount provided in the commission’s rules and may purchase a blanket bond covering the activities of licensed agents.
(7)A licensed agent shall display the license or a copy of the license conspicuously in accordance with the commission’s rules.
(8)A license is not assignable or transferable.
(9)An employee of a sales agent may not be required to sell lottery game tickets, chances, or wagers or bets if the sale is against the employee’s religious or moral beliefs.
(10)Sales agents are entitled to a commission of no more than 10% of the face value of tickets and chances that they purchase from the lottery and do not return and no more than 10% of the face value of a wager or bet. However, to further the sale of lottery products and sports wagering, the state lottery and sports wagering commission may, under 23-7-202(11), establish policies that provide additional commissions to sales agents based on incremental sales. Commissions may not come from that part of all gross revenue that is net revenue and is paid to the general fund. The commissions are statutorily appropriated, as provided in 17-7-502, to the lottery.
(11)Each sales agent shall keep a complete and up-to-date set of records and accounts fully showing the agent’s sales and provide it for inspection upon request of the commission, the director, the department of administration, the office of the legislative auditor, or the office of the attorney general.
(12)Sales agents may pay the state lottery only by check, bankdraft, electronic funds transfer, or other recorded, noncash, financial transfer method as determined by the director.
(13)A license may be suspended or revoked for failure to maintain the license qualifications provided in subsection (3) or for violation of any provision of this chapter or a commission rule. Prior to suspension or revocation, the licensee must be given notice and an opportunity for a hearing.