Louisiana Revised Statutes 47:9054 – Content of retailer contracts; contract cancellation by president
Terms Used In Louisiana Revised Statutes 47:9054
- Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
- Board: means the board of directors of the Louisiana Lottery Corporation. See Louisiana Revised Statutes 47:9002
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Corporation: means the Louisiana Lottery Corporation. See Louisiana Revised Statutes 47:9002
- Fraud: Intentional deception resulting in injury to another.
- Lottery: means any game of chance approved by the corporation and operated pursuant to this Chapter and shall not include sports wagering authorized pursuant to this Subtitle. See Louisiana Revised Statutes 47:9002
- President: means the president of the Louisiana Lottery Corporation, who shall also serve as chief executive officer of the corporation. See Louisiana Revised Statutes 47:9002
- Retailer: means any person with whom the corporation has contracted to sell lottery tickets to the public. See Louisiana Revised Statutes 47:9002
- Subtitle: means and includes all the Chapters in Subtitle II of this Title 47 and any other Title of the Louisiana Revised Statutes of 1950 except the provisions of Chapter 1 of Subtitle IV of Title 47 of the Louisiana Revised Statutes of 1950 and estate taxes for the assessment, collection, administration, and enforcement of taxes, fees, licenses, penalties, and interest due the state of Louisiana which have been delegated to the Department of Revenue. See Louisiana Revised Statutes 47:1501
- Vendor: means any person who has entered into a major procurement contract with the corporation. See Louisiana Revised Statutes 47:9002
A. Any contract executed by the corporation pursuant to this Subtitle shall specify the reasons for which any contract may be cancelled, suspended, revoked, or terminated by the corporation, which reasons shall include but not be limited to:
(1) Commission of a violation of this Subtitle or administrative regulations adopted pursuant thereto.
(2) Failure to accurately account for lottery tickets, revenues, or prizes as required by the corporation.
(3) Commission of any fraud, deceit, or misrepresentation.
(4) Insufficient sale of tickets.
(5) Conduct prejudicial to public confidence in the lottery.
(6) The vendor filing for or being placed in bankruptcy or receivership.
(7) Any material change in any matter considered by the corporation in executing the contract with the retailer.
(8) Failure to meet any of the objective criteria established by the board pursuant to this Subtitle.
B. If, in the discretion of the president, cancellation, denial, revocation, suspension, or rejection of renewal of a lottery retailer contract is in the best interests of the lottery, the public welfare, or the state of Louisiana, the president may cancel, suspend, revoke, or terminate, after notice and a hearing, any contract issued pursuant to this Subtitle. Such contract may, however, be temporarily suspended by the president without prior notice, pending any prosecution, hearing, or investigation, whether by a third party or by the president. A contract may be suspended, revoked, or terminated by the president for any one or more of the reasons enumerated in this Section.
Acts 1990, No. 1045, §1, eff. Nov. 7, 1990.